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Jacqui Smith
129
Schedule 3, page 126, line 15, at end insert—
| '7A | (1) | Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows. |
| (2) | After subsection (1) insert— |
"(1A) Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 9 and 10 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly."
(a) after "local education authority" insert "in Wales",
(b) omit "(other than a nursery school or special school)", and
(c) for the words from "the purposes of" to the end substitute "for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly".
(a) after "subsection" insert "(1A) or", and
(b) at the end insert ", a community special school or a maintained nursery school.".'.
Jacqui Smith
130
Schedule 3, page 126, line 16, leave out from beginning to second "in" and insert—
| '(1) | Section 530 of EA 1996 (compulsory purchase of land) is amended as follows.'. |
Jacqui Smith
131
Schedule 3, page 126, line 19, at end insert—
| '(3) | In subsection (3), for the words from "borne by them" to the end substitute "borne by them— |
(a) in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 22 of the Education and Inspections Act 2006 (implementation of proposals under section 18 of that Act) which by virtue of subsection (7) of section 22 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or
(b) in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).".'.
Jacqui Smith
132
Schedule 3, page 126, line 29, after '20' insert 'of SSFA 1998'.
Jacqui Smith
133
Schedule 3, page 126, line 38, after '21' insert 'of SSFA 1998'.
Jacqui Smith
134
Schedule 3, page 127, line 6, after 'Wales"' insert—
'(ba) in paragraph (h), after "his consent" insert "or to the disposal of which paragraph A9 of Schedule 22 would apply",'.
Jacqui Smith
135
Schedule 3, page 127, line 7, at end insert—
| '11A | | In section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute— |
"(2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.".'.
Jacqui Smith
136
Schedule 3, page 127, line 8, after '25' insert 'of SSFA 1998'.
Jacqui Smith
137
Schedule 3, page 127, line 10, leave out paragraph 13 and insert—
| '13 | | Omit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).' |
Jacqui Smith
138
Schedule 3, page 129, line 24, at end insert—
| '22A | (1) | Section 79 of SSFA 1998 (stamp duty) is amended as follows. |
(a) omit the word "or" at the end of paragraph (b), and
(b) at the end of paragraph (c) insert "or
| (d) | any regulations made under section 22 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section.". |
| (3) | In subsection (3), for "subsection (1)" substitute "subsection (1)(a) to (c)".'. |
Jacqui Smith
139
Schedule 3, page 129, line 24, at end insert—
| '22B | (1) | Section 109 of SSFA 1998 (proposals by governing body of grammar school to end selective admission arrangements) is amended as follows. |
(a) for "for the purposes of section 28" substitute "under section 17 of the 2006 Act", and
(b) for "that section" substitute "section 18 of the 2006 Act".
(a) in paragraph (a), for "section 28 or Schedule 6" substitute "sections 18 to 22 of the 2006 Act or regulations under those sections", and
(b) in paragraph (b), for "section 28" substitute "section 18 of the 2006 Act".
(a) for "section 28" substitute "section 18 of the 2006 Act", and
(b) for "paragraph 5 or 10 of Schedule 6" substitute "regulations under section 22 of that Act".
| (5) | After subsection (5) insert— |
"(6) In this section "the 2006 Act" means the Education and Inspections Act 2006.".'.
Jacqui Smith
140
Schedule 3, page 129, line 27, at end insert—
| '23A | | In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) in paragraph 2(2) for paragraph (a) substitute— |
| "(a) | apply in relation to the provision of any site or buildings which— |
| (i) | in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 22 of that Act (implementation of proposals for alteration of school), or |
| (ii) | in the case of a school in Wales, the authority or promoters are required to provide by virtue of Part 3 of Schedule 6 (provision of premises in connection with statutory proposals); or".'. |
Jacqui Smith
141
Schedule 3, page 133, line 46, at end insert—
| '39A | | In Schedule 1 to EA 2002 (incorporation and powers of governing body), in paragraph 5 (dissolution of governing body) for sub-paragraph (2) substitute— |
In this paragraph "the discontinuance date" means—
(a) in relation to a school in England, whichever of the following is relevant—
| (i) | the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000, |
| (ii) | the date on which the school is discontinued under section 30 of the 1998 Act, or |
| (iii) | the date specified in a direction given under section 16(1) or 55(1) of the Education and Inspections Act 2006; |
(b) in relation to a school in Wales, whichever of the following is relevant—
| (i) | the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000, |
| (ii) | the date on which the school is discontinued under section 30 of the 1998 Act, or |
| (iii) | the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.".'. |
Jacqui Smith
104
Clause 29, page 20, line 34, leave out from '29' to 'to' and insert '31 and 35 of, and Schedules 6 and 8'.
Jacqui Smith
105
Clause 29, page 20, line 35, leave out 'or discontinuance' and insert 'discontinuance or change of category'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
41
Clause 30, page 21, line 18, at end insert—
'"trust school" means a foundation school with a foundation.'.
NEW CLAUSES RELATING TO PART 2
Conditions for new foundations
Sarah Teather
Greg Mulholland
Annette Brooke
NC6
To move the following Clause:—
'(1) A new foundation may not be established unless it contains either—
| (a) | at least two secondary schools within six miles of each other, or |
| (b) | at least two primary schools within six miles of each other. |
(2) A new foundation falling within subsection (1)(a) may also include one or more nursery schools, primary schools, further education colleges, Academies, City Technology Colleges, city colleges for the technology of the arts, and other such other educational establishments and training providers within the local area.
(3) A new foundation falling within subsection (1)(b) may also include one or more nursery schools, secondary schools, further education colleges, Academies, City Technology Colleges, city colleges for the technology of the arts, and other such other educational establishments and training providers within the local area.
(4) A new foundation falling within subsection (1) shall be known as a "community learning trust".'.
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