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| |
| |
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| | (b) | two other members appointed by the Secretary of State. |
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| | (2) | To be qualified for appointment as Chairman of a tribunal, a person must |
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| | have a 7 year general qualification (within the meaning of section 71 of |
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| | the Courts and Legal Services Act 1990). |
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| | (3) | A person shall not be appointed after the day on which he attains the age |
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| | of 70 to be the Chairman of a tribunal. |
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| | |
| | 2 (1) | The Secretary of State may by regulations make provision with respect to |
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| | the making of appeals to, and the procedure to be followed by, tribunals. |
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| | (2) | The regulations may, in particular, make provision— |
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| | (a) | as to the period within which, and manner in which, appeals must |
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| | |
| | (b) | for the holding of hearings in private in prescribed |
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| | |
| | (c) | as to the persons who may appear on behalf of the parties; |
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| | (d) | for enabling hearings to be conducted even though a member of |
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| | the tribunal, other than the Chairman, is absent; |
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| | (e) | as to the disclosure by the appellant, and others, of documents |
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| | and the inspection of documents; |
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| | (f) | requiring persons to attend the proceedings and give evidence; |
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| | (g) | as to the payment of expenses incurred by persons compelled to |
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| | attend proceedings by regulations made by virtue of sub- |
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| | |
| | (h) | authorising the administration of oaths to witnesses; |
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| | (i) | as to the withdrawal of appeals; |
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| | (j) | as to costs and expenses incurred by any party to the |
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| | |
| | (k) | authorising preliminary or incidental matters in relation to an |
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| | appeal to be dealt with by the Chariman of the tribunal hearing |
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| | |
| | |
| | 3 | The Secretary of State may, with the consent of the Treasury, make such |
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| | provision as he thinks fit for— |
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| | (a) | the allocation of staff for any tribunal; |
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| | (b) | the remuneration of members of tribunals and the reimbursement |
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| | |
| | (c) | defraying any reasonable expenses incurred by any tribunal.’. |
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| |
| | |
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| |
| | |
| Schedule 16, page 138, line 12, at end insert ‘or |
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| | (c) | permits expenditure by the authority under the grant to include |
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| | expenditure on the authority’s functions under— |
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|
|
| |
| |
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| | (i) | section 22(3A) of the Children Act 1989, |
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| | (ii) | section 10(2) of the Children Act 2004, or |
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| | (iii) | section 11(2) of the Children Act 2004’. |
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| | |
| | Clauses 102 to 107 Agreed to. |
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| | |
| | Clauses 108 to 117 Agreed to. |
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| | |
| | Clauses 118 and 74 to 76 Agreed to. |
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| |
| |
| |
| |
| | |
| Clause 77, page 43, line 38, at end insert— |
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| | ‘(1A) | In appointing the members of the Agency the Secretary of State shall have regard |
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| | to the desirability of including persons who appear to him— |
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| | (a) | to have experience of, and to have shown capacity in— |
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| | |
| | (ii) | teaching in higher education (other than training teachers), or |
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| | (iii) | training teachers, or |
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| | (b) | to have held, and to have shown capacity in, any position carrying |
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| | |
| | (i) | the provision of education in schools, |
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| | (ii) | the provision of higher education (other than the training of |
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| | |
| | (iii) | the training of teachers;
|
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| | and in appointing such persons he shall have regard to the |
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| | desirability of their being currently engaged in the provision of, |
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| | or in carrying responsibility for, such matters. |
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| | (1B) | In considering the appointment of members in accordance with subsection (1A) |
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| | the Secretary of State shall have regard to the desirability of including persons |
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| | whose relevant experience or responsibility is, or was, in or in relation to— |
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| | (a) | institutions of a denominational character, or |
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| | (b) | teaching persons with special educational needs.’. |
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| | |
| | |
| | Clauses 78 to 98 Agreed to. |
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| | |
| | |
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| |
| |
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| | |
| | |
| |
| New Clauses Relating to Part 3 |
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| | Duty of Training and Development Agency for Schools to consult other statutory bodies |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘For the purpose of the exercise of their functions under section 75(2)(a) and (b), |
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| | the Agency must consult the General Teaching Council in England and Wales |
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| | and the Qualifications and Curriculum Authority.’. |
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| |
| | Annual report of Training and Development Agency for Schools to Parliament |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The Agency shall produce an annual report which shall be laid by the Secretary |
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| | of State before both Houses of Parliament for approval by affirmative |
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| | |
| |
| |
| |
| | |
| Clause 64, page 38, line 29, at end insert— |
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| | ‘(2C) | Subsections (1)(a) and (2)(a) do not apply in England to proposals about three or |
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| | more schools in the same local education authority area when published |
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| | simultaneously by the local education authority and the governing bodies of aided |
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| | and foundation schools or the promoters of new aided or foundation schools.’. |
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| | |
| |
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| |
| |
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| |
| |
| |
| | |
| Clause 65, page 39, line 3, at end insert ‘, including schools wholly rebuilt as part |
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| of Building Schools for the Future’. |
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| |
| |
| | |
| Clause 65, page 39, line 33, at end insert— |
|
| | ‘(8A) | This section does not apply in England to proposals about three or more schools |
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| | in the same local education authority area when published simultaneously by the |
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| | local education authority and the governing bodies of aided and foundation |
|
| | schools or the promoters of new aided or foundation schools.’. |
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| | |
| |
| |
| |
| | |
| Clause 66, page 40, line 45, at end add— |
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| | ‘(15) | This section does not apply in England to proposals about three or more schools |
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| | in the same local education authority area when published simultaneously by the |
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| | local education authority and the governing bodies of aided and foundation |
|
| | schools or the promoters of new aided or foundation schools.’. |
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| | |
| | |
| |
| |
| |
| |
| | |
| Page 41, line 1, leave out Clause 67. |
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| | |
| |
| |
| |
| |
| | |
| Page 108, line 30, leave out Schedule 11. |
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|
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| |
| |
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| | |
| | Clauses 68 and 69 Agreed to. |
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| |
| |
| | |
| Page 41, line 24, leave out Clause 70. |
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| | |
| | |
| |
| |
| | |
| 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),”.’. |
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| |
| |
| | |
| 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— |
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| | (a) | the relevant body shall consult such persons as appear to them to |
|
| | be appropriate, including the parents of all registered pupils of |
|
| | |
| | (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. |
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| |
| |
| | |
| Page 42, line 9, leave out Clause 72. |
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| | |
| |
|
|
| |
| |
|
| New Clauses Relating to Part 2 |
|
| | Proposals for discontinuance of rural primary school |
|
| |
| | |
| 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 |
|
| | |
| | (a) | the likely effect of the discontinuance of the school on the local |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| |
|
|
| |
| |
|
| | Proposals relating to maintained special school |
|
| |
| | |
| 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 |
|
| | |
| | “(4A) | Before publishing any proposals under this section to make any |
|
| | prescribed alteration to a school, or to discontinue a school, the relevant |
|
| | |
| | (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, |
|
| | |
| | (c) | such other persons as appear to the relevant body to be |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| |
| | Abolition of School Organisation Committee |
|
| |
| |
| |
| | |
| 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 |
|
| | |
| | (3) | The Education (Schools Organisation Plans) Regulations 1999 shall cease to have |
|
| | |
| | (4) | The Education (References to Adjudicator) Regulations 1999 shall cease to have |
|
| | |
| |
|