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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.’.

 



 
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