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Amendment Paper as at
Tuesday 5th February 2002

CONSIDERATION OF BILL


New Amendments handed in are marked thus *

EDUCATION BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Order to be proposed by Secretary Estelle Morris.

Secretary Estelle Morris To move, That the Education Bill, as amended, be considered in the following order, namely, new Clauses relating to Part 1, new Clauses relating to Part 2, new Clauses relating to Part 3, new Clauses relating to Part 4, new Clauses relating to Part 5, new Clauses relating to Part 6, new Clauses relating to Part 7, new Clauses relating to Part 8, new Clauses relating to Part 9, new Clauses relating to Part 10, other new Clauses, amendments relating to Clauses 1 to 18, Schedule 1, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 48, Schedule 4, Clauses 49 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clauses 57 to 62, Schedule 7, Clauses 63 to 66, Schedule 8, Clauses 67 and 68, Schedule 9, Clauses 69 to 71, Schedule 10, Clauses 72 to 115, Schedule 11, Clauses 116 to 143, Schedule 12, Clauses 144 to 147, Schedule 13, Clauses 148 to 150, Schedule 14, Clauses 151 to 180, Schedule 15, Clause 181, Schedule 16, Clause 182, Schedule 17, Clauses 183 to 188, Schedule 18, Clauses 189 to 192, Schedule 19, Clauses 193 to 198, Schedule 20, Clauses 199 to 209, Schedules 21 and 22, new Schedules.


NEW CLAUSES RELATING TO PART 1

Power of LEA to innovate without permission of the Secretary of State

   

Mr Phil Willis
Mr David Laws

NC5

To move the following Clause:—

    '(1)   This section has effect notwithstanding anything in sections 1 to 4 of this Act.

    (2)   A local education authority may resolve to implement an innovative project which in the opinion of the authority contributes to the raising of educational standards achieved by children or adults in their area.

    (3)   Subject to subsection (4), the authority may resolve to exempt, relax or modify any innovative project from any requirement imposed by education legislation on the authority.

    (4)   The Secretary of State shall by order designate any requirement imposed by education legislation on a local education authority as not subject to exemption, relaxation or modification by the authority.'.


Power of school to innovate without permission of the Secretary of State (No. 2)

   

Mr Phil Willis
Mr David Laws

NC6

To move the following Clause:—

    '(1)   This section has effect notwithstanding anything in sections 1 to 4 of this Act.

    (2)   A maintained school governing body may resolve to implement an innovative project which in the opinion of the governing body contributes to the raising of educational standards achieved by registered pupils at the school.

    (3)   Subject to subsection (4), the governing body may resolve to exempt, relax or modify any innovative project from any requirement imposed by education legislation on the governing body.

    (4)   The Secretary of State shall by order designate any requirement imposed by education legislation on a school governing body as not subject to exemption, relaxation or modification by the governing body.'.


Automatic exemptions from curriculum and pay and conditions provisions

   

Mr Damian Green
Mr Graham Brady
Alistair Burt
Mrs Eleanor Laing
Mr Stephen O'Brien

NC10

To move the following Clause:—

    '(1)   Regulations shall designate curriculum or pay and conditions provisions as attracting exemptions for all maintained schools, subject to subsection (2) below.

    (2)   Regulations may prescribe circumstances in which a school or category of schools will not benefit from automatic exemption under subsection (1), in which case section 6 shall apply.'.


NEW CLAUSES RELATING TO PART 3

No requirements of attendance at a place of religious worship

   

Mr Frank Dobson
Mr Phil Willis
Lynne Jones
Mr David Chaytor
Mrs Jackie Lawrence
Mr Ken Purchase
Mr Martin CatonTony WrightLlew Smith

NC1

To move the following Clause:—

    '(1)   It shall not be required, as a condition of a pupil being admitted to a maintained school, that:

      (a) he must attend or abstain from attending a place of religious worship;

      (b) his parents or guardians must attend or abstain from attending a place of religious worship.

      (c) the pupil, his parent(s) or guardian(s) belong to any particular faith or denomination.

    (2)   The local education authority after consultation with the admission forum may by regulation authorise that, notwithstanding (1) a maintained school may admit between 20 per cent. and 75 per cent. of pupils who have a particular faith or denomination.

    (3)   Where the local education authority is informed that there are insufficient applications to a particular maintained school to fill the available places, the local education authority may after consultation with the admission forum authorise an increase up to 100 per cent. in the numbers of pupils admitted who are of the particular faith or denomination of the maintained school in question.'.


Employment etc. of teachers: religious issues

   

Mr Phil Willis
Mr David Laws

NC2

To move the following Clause:—

    '(1)   The School Standards and Framework Act 1998 (c. 59) is amended as follows.

    (2)   Section 58 (Appointment and dismissal of certain teachers at schools with a religious character) shall cease to have effect.

    (3)   Section 59 (Staff at community, secular foundation or voluntary, or special school) is amended by leaving out subsection (1) and inserting—

      "(1) This section applies to any maintained school."

    (4)   Section 60 (Staff at foundation or voluntary school with a religious character) shall cease to have effect.'.


Modification of employment law

   

Mr Phil Willis
Mr David Laws

NC3

To move the following Clause:—

    '(1)   In section 81 of the School Standards and Framework Act 1998 as amended by Schedule 21 to this Act there is added at the end of sub-section (1) "or as he considers necessary to ensure that persons employed to work in schools to whom those provisions apply have the benefit of the rights conferred by school enactments as if the governing bodies of those schools were their employers."

    (2)   In Paragraph 3 of the Education (Modification of Enactments Relating to Employment) Order 1999 S.I. 1999/2256. There is added

      (a) after sub-paragraph (1)(e)

       "(f) in the case of the Transfer of Undertakings (Protection of Employment) Regulations 1981 references to a relevant transfer includes transfers from one governing body to another

      (b) in the Schedule "Transfer of Undertakings (Protection of Employment) Regulations 1991.".'


Selection by aptitude

   

Mr Phil Willis
Mr David Laws

NC4

To move the following Clause:—

    '(1)   The School Standards and Framework Act 1998 (c. 59) is amended as follows.

    (2)   Clause 99 (General restriction on selection by ability or aptitude) is amended by leaving out subsection (4)(b).

    (3)   Clause 102 (Permitted Selection: aptitude for particular subjects.) shall cease to have effect.'.


Designation of Specialist Colleges

   

Mr Phil Willis
Mr David Laws

NC7

To move the following Clause:—

    '(1)   A maintained secondary school is a specialist college if it is designated by order of the Secretary of State as having one or more of the following specialisms:

      (a) technology

      (b) arts

      (c) sports

      (d) modern languages

      (e) engineering

      (f) business and enterprise

      (g) community

      (h) international

    (2)   A specialist college may be designated by order as an advanced specialist college.

    (3)   The Secretary of State may by order amend subsection (1) by adding additional specialisms.'

    (4)   The Governing Body of a maintained school may apply to the Secretary of State to amend by order (1) to add a specialism.'.


Grammar schools: Access to parental ballots and information

   

Mr David Chaytor
Harry Cohen
Mr Kelvin Hopkins
Paul Holmes
Lynne Jones
Mrs Janet Dean
Julia DrownMr Neil Gerrard

NC8

To move the following Clause:—

    '(1)   The School Standards and Framework Act 1998 (c. 59) is amended as follows—

    (2)   In section 105(2) procedure for deciding whether grammar schools should retain selective admission arrangements, paragraphs (b) and (c) are omitted.

    (3)   Section 106(1) (eligibility of parents to request or vote in a ballot) is amended by inserting "primary" before "schools".

    (4)   In section 106 subsection (2) is omitted.

    (5)   Section 106(3)(a) (proportion of parents required to request a ballot) is amended by leaving out "20" and inserting "5".

    (6)   Section 106(3) paragraph (b) is omitted.

    (7)   Section 107(3) (information provision by the authority or body on intentions or proposals following a successful petition) is amended by leaving out subsection (c) and inserting—

      "(c) a statement by the authority or body on intentions or proposals for a non-selective education system which may include information on options, costs and planning assumptions in the event of such a result.".'.


Permitted selection: aptitude for particular subjects

   

Mr David Chaytor
Harry Cohen
Lynne Jones
Mrs Janet Dean
Dr Rudi Viz

NC9

To move the following Clause:—

       'The School Standards and Framework Act 1998 is amended by omitting section 102.'.

 
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Prepared 5 Feb 2002