|
Jacqui Smith
112
Schedule 2, page 115, line 7, leave out 'section 113 of' and insert 'Schedule 7 to'.
Jacqui Smith
113
Schedule 2, page 115, line 8, at end insert 'and not yet determined'.
Jacqui Smith
114
Schedule 2, page 115, leave out lines 26 and 27.
Jacqui Smith
115
Schedule 2, page 115, line 36, at end insert—
| '(3) | Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.'. |
Jacqui Smith
116
Schedule 2, page 116, line 31, leave out 'at the request of' and insert 'if so requested within a prescribed time by'.
Jacqui Smith
117
Schedule 2, page 116, line 33, leave out from 'have' to end of line and insert 'determined under paragraph 8(4), together with any reasons given by the authority for their determination'.
Jacqui Smith
118
Schedule 2, page 116, line 41, after 'authority' insert 'and rejected by the authority under paragraph 8(4)(a)'.
Jacqui Smith
119
Schedule 2, page 117, line 2, leave out 'suitable only to the requirements of' and insert 'for'.
Jacqui Smith
120
Schedule 2, page 117, line 5, leave out paragraph 15 and insert—
| '15 | | Where the relevant authority are required under any of paragraphs 10 to 14 or under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals ("the relevant proposals") to the adjudicator, the authority must also within a prescribed time refer to the adjudicator— |
(a) any other proposals under section 7, 9, 10 or 14 which relate to the area of the relevant authority and which by virtue of paragraph 9(2) fall to be considered with the relevant proposals, and
(b) where the relevant proposals are referred to the adjudicator by virtue of paragraph 14, any other proposals under section 9, 10 or 14 which by virtue of paragraph 9(2) were determined by the relevant authority with the relevant proposals.'.
Jacqui Smith
121
Schedule 2, page 117, line 28, leave out 'of paragraphs 10 to 14' and insert 'provision of this Part of this Schedule'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
56
Schedule 2, page 117, line 42, at end insert—
| 17A | (1) | Where the adjudicator makes a decision in relation to the establishment, discontinuance or alteration of a school, the school concerned, or in the case of the establishment of a school, the proposer, may appeal to the Secretary of State. |
| (2) | The Secretary of State may by regulations make provision in relation to appeals under this section, including provision as to— |
(a) the time by which an appeal is to be made,
(b) the manner in which an appeal is to be made,
(c) the procedure to be followed in connection with an appeal, and
(d) the matters to be taken into account in deciding whether to allow an appeal.'.
Jacqui Smith
122
Schedule 2, page 118, line 14, leave out 'or 12' and insert '12, 13 or 15'.
Jacqui Smith
123
Schedule 2, page 118, line 38, at end insert 'but have not yet been determined by him'.
Jacqui Smith
124
Schedule 2, page 118, line 41, after '14' insert 'and not yet determined'.
Jacqui Smith
125
Schedule 2, page 118, line 42, after '10' insert 'and not yet determined'.
Jacqui Smith
126
Schedule 2, page 118, line 43, leave out from 'under' to end of line 44 and insert 'Schedule 7 to the Learning and Skills Act 2000 and not yet determined'.
Jacqui Smith
127
Schedule 2, page 119, line 9, after 'and' insert 'in a case falling within paragraph (a)'.
Mr David Chaytor
Dr Roberta Blackman-Woods
188
Clause 17, page 12, line 30, leave out paragraphs (c) and (d).
Mr David Chaytor
Dr Roberta Blackman-Woods
101
Clause 17, page 12, line 39, at end insert—
| '(g) | any change involving an increase in the number of pupils that may be admitted to the school or an enlargement of the premises in any case in which, in the opinion of the local education authority concerned, such change would, to any material extent, prevent that authority, or the governing body of any other school maintained by that authority, from performing and carrying out the duties and functions in relation to education imposed upon them by this or any other enactment.'. |
Mr David Chaytor
Dr Roberta Blackman-Woods
187
Clause 17, page 12, line 39, at end insert—
| '(g) | a reduction in the statutory proportion of elected parent governors on a schools governing body.'. |
Sarah Teather
Greg Mulholland
Annette Brooke
158
Clause 18, page 13, line 5, at end insert—
'(1A) But proposals for the establishment of a new foundation under section 17(2)(b) may be published only if the conditions in section [Conditions for new foundations] are satisfied.'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
35
Clause 18, page 13, line 14, leave out 'or discontinuance'.
Mr David Chaytor
Dr Roberta Blackman-Woods
102
Clause 19, page 14, line 14, at end insert—
| '(m) | prohibiting approval of any alteration involving the expansion of a school in any case in which such expansion may be considered detrimental to the opportunities available to the local education authority or to the governing body of a maintained school in its area to satisfy obligations imposed by this or any other enactment.'. |
Sarah Teather
Greg Mulholland
Annette Brooke
154
Clause 20, page 15, line 18, after 'by', insert 'a two-thirds majority vote of'.
Sarah Teather
Greg Mulholland
Annette Brooke
155
Clause 20, page 15, line 18, at end insert 'and, in the case of secondary schools, following consultation with any relevant feeder primary schools.'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
36
Clause 20, page 15, line 19, leave out from beginning to 'and' in line 20.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
37
Clause 21, page 15, line 25, leave out subsection (1).
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
38
Clause 21, page 15, line 30, leave out subsection (2).
Mr David Willets
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
78
Clause 21, page 15, line 42, leave out subsection (4).
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
39
Clause 23, page 18, line 7, after 'governors', insert ', which shall not be less than 50 per cent,'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
40
Clause 24, page 18, line 24, at end insert—
'(1A) No regulations may be made under this section to refer to any of the decisions, other than matters in relation to section 25, to the adjudicator.'.
Jacqui Smith
128
Schedule 3, page 125, line 11, at end insert—
| 3A | | In section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of Board is required) in subsection (1)— |
(a) for paragraphs (a) and (b) substitute—
| "(a) | publishing proposals for any prescribed alteration to the school— |
| (i) | in the case of a school in England, under section 18(3) of the Education and Inspections Act 2006 ("the 2006 Act"), or |
| (ii) | in the case of a school in Wales, under section 28(2)(b) of the School Standards and Framework Act 1998 ("the 1998 Act"); |
| (b) | publishing proposals for the discontinuance of the school— |
| (i) | in the case of a school in England, under section 14(2) of the 2006 Act, or |
| (ii) | in the case of a school in Wales, under section 29(2) of the 1998 Act;", |
(b) in paragraphs (c) and (cc) for "that Act" substitute "the 1998 Act", and
(c) for paragraph (d) substitute—
| "(d) | in the case of a school in Wales, publishing proposals for changing the category of the school under paragraph 2 or 3 of Schedule 8 to the 1998 Act; or". |
| 3B | (1) | Section 7 of the Diocesan Boards of Education Measure 1991 (powers of Board to give directions to governing bodies of voluntary aided church schools) is amended as follows. |
| (2) | In subsection (1) for paragraphs (a) to (c) substitute— |
| "(a) | the making of any prescribed alteration to the school— |
| (i) | in the case of a school in England, under Part 2 of the Education and Inspections Act 2006 ("the 2006 Act"), or |
| (ii) | in the case of a school in Wales, under Chapter 2 of Part 2 of the School Standards and Framework Act 1998 ("the 1998 Act"), or |
| (b) | the discontinuance of the school— |
| (i) | in the case of a school in England, under Part 2 of the 2006 Act or section 30 of the 1998 Act, or |
| (ii) | in the case of a school in Wales, under Chapter 2 of Part 2 of the 1998 Act, or |
| (c) | in the case of a school in Wales, changing the school's category in accordance with paragraph 2 or 3 of Schedule 8 to the 1998 Act,". |
| (3) | In subsection (1A), for "under paragraph 2 or 3 of Schedule 8 to that Act" substitute "under section 18(3) of the 2006 Act or paragraph 2 or 3 of Schedule 8 to the 1998 Act". |
(a) in paragraph (a), for "under section 28(2)(b) of the School Standards and Framework Act 1998" substitute "under section 18(3) of the 2006 Act or section 28(2)(b) of the 1998 Act",
| (i) | at the beginning insert "in the case of a school in Wales", and |
| (ii) | for "that Act" substitute "the 1998 Act", and |
(c) for "the provisions of that Act" substitute "the provisions of the 1998 Act and the 2006 Act".'.
|
