05077sc.87-93

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

S.C.A.  Standing Committee Proceedings: 22nd March 2005
87

Education Bill–[ [], continued

(b)
two other members appointed by the Secretary of State.

      (2)
To be qualified for appointment as Chairman of a tribunal, a person must

have a 7 year general qualification (within the meaning of section 71 of

the Courts and Legal Services Act 1990).

      (3)
A person shall not be appointed after the day on which he attains the age

of 70 to be the Chairman of a tribunal.

Procedure of tribunals

2      (1)
The Secretary of State may by regulations make provision with respect to

the making of appeals to, and the procedure to be followed by, tribunals.

      (2)
The regulations may, in particular, make provision—

(a)
as to the period within which, and manner in which, appeals must

be brought;

(b)
for the holding of hearings in private in prescribed

circumstances;

(c)
as to the persons who may appear on behalf of the parties;

(d)
for enabling hearings to be conducted even though a member of

the tribunal, other than the Chairman, is absent;

(e)
as to the disclosure by the appellant, and others, of documents

and the inspection of documents;

(f)
requiring persons to attend the proceedings and give evidence;

(g)
as to the payment of expenses incurred by persons compelled to

attend proceedings by regulations made by virtue of sub-

paragraph (1);

(h)
authorising the administration of oaths to witnesses;

(i)
as to the withdrawal of appeals;

(j)
as to costs and expenses incurred by any party to the

proceedings; and

(k)
authorising preliminary or incidental matters in relation to an

appeal to be dealt with by the Chariman of the tribunal hearing

that appeal.

Staff

3
The Secretary of State may, with the consent of the Treasury, make such

provision as he thinks fit for—

(a)
the allocation of staff for any tribunal;

(b)
the remuneration of members of tribunals and the reimbursement

of their expenses;

(c)
defraying any reasonable expenses incurred by any tribunal.’.

Clause 101 Agreed to.

Mr Richard Allan

Dr John Pugh

Not selected  40

Schedule  16,  page  138,  line  12,  at end insert ‘or

(c)
permits expenditure by the authority under the grant to include

expenditure on the authority’s functions under—

S.C.A.  Standing Committee Proceedings: 22nd March 2005
88

Education Bill–[ [], continued

(i)
section 22(3A) of the Children Act 1989,

(ii)
section 10(2) of the Children Act 2004, or

(iii)
section 11(2) of the Children Act 2004’.

Schedule Agreed to.

Clauses 102 to 107 Agreed to.

Schedule 17 Agreed to.

Clauses 108 to 117 Agreed to.

Schedule 18 Agreed to.

Clauses 118 and 74 to 76 Agreed to.

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Withdrawn  25

Clause  77,  page  43,  line  38,  at end insert—

‘(1A)
In appointing the members of the Agency the Secretary of State shall have regard

to the desirability of including persons who appear to him—

(a)
to have experience of, and to have shown capacity in—

(i)
teaching in schools,

(ii)
teaching in higher education (other than training teachers), or

(iii)
training teachers, or

(b)
to have held, and to have shown capacity in, any position carrying

responsibility for—

(i)
the provision of education in schools,

(ii)
the provision of higher education (other than the training of

teachers), or

(iii)
the training of teachers;

and in appointing such persons he shall have regard to the

desirability of their being currently engaged in the provision of,

or in carrying responsibility for, such matters.

(1B)
In considering the appointment of members in accordance with subsection (1A)

the Secretary of State shall have regard to the desirability of including persons

whose relevant experience or responsibility is, or was, in or in relation to—

(a)
institutions of a denominational character, or

(b)
teaching persons with special educational needs.’.

Clause Agreed to.

Schedule 13 Agreed to.

Clauses 78 to 98 Agreed to.

Schedule 14 Agreed to.

Clause 99 Agreed to.

S.C.A.  Standing Committee Proceedings: 22nd March 2005
89

Education Bill–[ [], continued

Schedule 15 Agreed to.

Clause 100 Agreed to.

New Clauses Relating to Part 3

Duty of Training and Development Agency for Schools to consult other statutory bodies

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Not called  NC10

To move the following Clause:—

‘For the purpose of the exercise of their functions under section 75(2)(a) and (b),

the Agency must consult the General Teaching Council in England and Wales

and the Qualifications and Curriculum Authority.’.

Annual report of Training and Development Agency for Schools to Parliament

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Not called  NC16

To move the following Clause:—

‘The Agency shall produce an annual report which shall be laid by the Secretary

of State before both Houses of Parliament for approval by affirmative

resolution.’.

Mr Richard Allan

Dr John Pugh

Not selected  41

Clause  64,  page  38,  line  29,  at end insert—

‘(2C)
Subsections (1)(a) and (2)(a) do not apply in England to proposals about three or

more schools in the same local education authority area when published

simultaneously by the local education authority and the governing bodies of aided

and foundation schools or the promoters of new aided or foundation schools.’.

Clause Agreed to.

S.C.A.  Standing Committee Proceedings: 22nd March 2005
90

Education Bill–[ [], continued

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Withdrawn  22

Clause  65,  page  39,  line  3,  at end insert ‘, including schools wholly rebuilt as part

of Building Schools for the Future’.

Mr Richard Allan

Dr John Pugh

Not selected  42

Clause  65,  page  39,  line  33,  at end insert—

‘(8A)
This section does not apply in England to proposals about three or more schools

in the same local education authority area when published simultaneously by the

local education authority and the governing bodies of aided and foundation

schools or the promoters of new aided or foundation schools.’.

Clause Agreed to.

Mr Richard Allan

Dr John Pugh

Not selected  43

Clause  66,  page  40,  line  45,  at end add—

‘(15)
This section does not apply in England to proposals about three or more schools

in the same local education authority area when published simultaneously by the

local education authority and the governing bodies of aided and foundation

schools or the promoters of new aided or foundation schools.’.

Clause Agreed to.

Schedule 10 Agreed to.

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Not selected  23

Page  41,  line  1,  leave out Clause 67.

Clause Agreed to.

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Not selected  24

Page  108,  line  30,  leave out Schedule 11.

S.C.A.  Standing Committee Proceedings: 22nd March 2005
91

Education Bill–[ [], continued

Schedule Agreed to.

Clauses 68 and 69 Agreed to.

Mr Stephen Twigg

Not selected  29

Page  41,  line  24,  leave out Clause 70.

Clause Disagreed to.

Clause 71 Agreed to.

Mr Stephen Twigg

Agreed to  37

Schedule  12,  page  118,  line  23,  at end insert—

‘8A
In section 138 of the School Standards and Framework Act 1998 (orders and

regulations), in subsection (4), after “20(7),” insert “29(9A),”.’.

Mr Richard Allan

Dr John Pugh

Not selected  44

Schedule  12,  page  121,  line  21,  at end insert—

‘13A      (1)
Schedule 8 to the School Standards and Framework Act 1998 (c. 31)

(changes to the category of school) is amended as follows.

      (2)
In paragraph 2(2) at the end insert “except that regulations shall include

provision requiring that—

(a)
the relevant body shall consult such persons as appear to them to

be appropriate, including the parents of all registered pupils of

the school; and

(b)
any proposal to change the category to a foundation school shall

be considered for approval in the first instance by the school

organisation committee.’.

Schedule, as amended, Agreed to.

Mr Stephen Twigg

Not selected  30

Page  42,  line  9,  leave out Clause 72.

Clause Disagreed to.

S.C.A.  Standing Committee Proceedings: 22nd March 2005
92

Education Bill–[ [], continued

New Clauses Relating to Part 2

Proposals for discontinuance of rural primary school

Mr Stephen Twigg

Added  NC17

To move the following Clause:—

‘(1)
Section 29 of the School Standards and Framework Act 1998 (c. 31) (proposals

for discontinuance of community, foundation, voluntary or maintained nursery

school) is amended as follows.

(2)
For subsection (4) substitute—

“(4A)
The matters to which the relevant body shall have regard in formulating

any proposals under this section in relation to a rural primary school

include—

(a)
the likely effect of the discontinuance of the school on the local

community,

(b)
the availability, and likely cost to the local education authority,

of transport to other schools,

(c)
any increase in the use of motor vehicles which is likely to result

from the discontinuance of the school, and the likely effects of

any such increase, and

(d)
any alternatives to the discontinuance of the school;


and in considering these matters the relevant body shall have regard to

any guidance given from time to time by the Secretary of State.

(4B)
Before publishing any proposals under this section which relate to a rural

primary school, the relevant body shall consult—

(a)
the registered parents of registered pupils at the school,

(b)
where the relevant body are the governing body of the school, the

local education authority,

(c)
in a case where the local education authority are a county council

in England, any district council for the area in which the school

is situated,

(d)
any parish council or community council for the area in which

the school is situated, and

(e)
such other persons as appear to the relevant body to be

appropriate.

(4C)
Before publishing any other proposals under this section the relevant

body shall consult such persons as appear to them to be appropriate.

(4D)
In discharging their duty under subsection (4B) or (4C) the relevant body

shall have regard to any guidance given from time to time by the

Secretary of State.”

(3)
After subsection (9) insert—

“(9A)
In this section “rural primary school” means a primary school designated

as such for the purposes of this section by an order made by the Secretary

of State.”.’.

S.C.A.  Standing Committee Proceedings: 22nd March 2005
93

Education Bill–[ [], continued

Proposals relating to maintained special school

Mr Stephen Twigg

Added  NC18

To move the following Clause:—

‘In section 31 of the School Standards and Framework Act 1998 (c. 31)

(proposals in respect of community or foundation special school), for subsection

(4) substitute—

“(4A)
Before publishing any proposals under this section to make any

prescribed alteration to a school, or to discontinue a school, the relevant

body shall consult—

(a)
the registered parents of registered pupils at the school,

(b)
any local education authority which maintain a statement under

section 324 of the Education Act 1996 (statement of special

educational needs) in respect of a registered pupil at the school,

and

(c)
such other persons as appear to the relevant body to be

appropriate.

(4B)
Before publishing any proposals under this section to establish a new

school, the relevant body shall consult such persons as appear to them to

be appropriate.

(4C)
In discharging their duty under subsection (4A) or (4B) the relevant body

shall have regard to any guidance given from time to time by the

Secretary of State.”.’.

Abolition of School Organisation Committee

Mr Mark Hoban

Angela Watkinson

Mr Peter Atkinson

Withdrawn  NC8

To move the following Clause:—

‘(1)
Sections 24 to 26 and Schedules 4 and 5 of the School Standards and Framework

Act 1998 (c. 31) shall cease to have effect.

(2)
The Education (School Organisation Committee) Regulations 1999 shall cease to

have effect.

(3)
The Education (Schools Organisation Plans) Regulations 1999 shall cease to have

effect.

(4)
The Education (References to Adjudicator) Regulations 1999 shall cease to have

effect.’.