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Mr Mark Hoban
Angela Watkinson
NS2
To move the following Schedule:—
'Inspections in England under section 5
Interpretation
| 1 | | In this Schedule—"appropriate authority" means— |
(a) in the case of a county, voluntary, maintained special or maintained nursery school whose governing body does not have a delegated budget, the local education authority;
(b) in the case of a non-maintained school, the proprietor of the school;
(c) in any other case, the school's governing body;
"inspection" means an inspection under section 5.
Selection of registered inspectors
| 2 | | Before entering into any arrangement for an inspection, the Chief Inspector shall, after consulting the appropriate authority for the school concerned as to the tender specification, invite tenders from at least two registered inspectors who can reasonably be expected— |
(a) to wish to tender for the proposed inspection; and
(b) to tender at arm's length from each other.
Inspection teams
| 3 | (1) | Every inspection shall be conducted by a registered inspector with the assistance of a team (an "inspection team") consisting of persons who are fit and proper persons for carrying out the inspection. |
| (2) | It shall be the duty of the registered inspector to ensure that— |
(a) at least one member of the inspection team is a person—
| (i) | without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity); and |
| (ii) | whose primary function on the team is not that of providing financial or business expertise; and |
(b) no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.
| (3) | Otherwise, the composition of the inspection team shall be determined by the registered inspector. |
| (4) | It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with— |
(a) the school in question,
(b) any person who is employed at the school,
(c) any person who is a member of the school's governing body, or
(d) the proprietor of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.'.
Mr Mark Hoban
Angela Watkinson
NS3
To move the following Schedule:—
'Tribunals hearing appeals in England
Constitution of tribunals
| 1 | (1) | A tribunal constituted to hear an appeal under section [Appeals in relation to registration] of this Act ("a tribunal") shall consist of— |
(a) a Chairman appointed by the Lord Chancellor; and
(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.'.
Mr Mark Hoban
Angela Watkinson
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— |
| (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.'. |
NEW CLAUSES RELATING TO PART 3
Duty of Training and Development Agency for Schools to consult other statutory bodies
Mr Mark Hoban
Angela Watkinson
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
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 Mark Hoban
Angela Watkinson
22
Clause 65, page 39, line 3, at end insert ', including schools wholly rebuilt as part of Building Schools for the Future'.
Mr Mark Hoban
Angela Watkinson
23
Page 41, line 1, leave out Clause 67.
Mr Mark Hoban
Angela Watkinson
24
Page 108, line 30, leave out Schedule 11.
Mr Stephen Twigg
29
*Page 41, line 24, leave out Clause 70.
Mr Stephen Twigg
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 Stephen Twigg
30
*Page 42, line 9, leave out Clause 72.
NEW CLAUSES RELATING TO PART 2
Proposals for discontinuance of rural primary school
Mr Stephen Twigg
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.".'.
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