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Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
206
Clause 19, page 14, line 17, at end insert—
'(3A) Where regulations made by virtue of subsection (2)—
| (a) | confer functions on a local education authority, or |
| (b) | enable a local education authority or the Secretary of State to require proposals to be referred to the adjudicator, |
the local education authority (or the Secretary of State where applicable) must exercise its functions and rights with a view to encouraging all primary and secondary schools to be self-governing and to acquire a trust or foundation.
(3B) Where proposals are referred to the adjudicator under provisions made by virtue of subsection (2), the adjudicator shall make his decision with a view to encouraging all primary and secondary schools to be self-governing and to acquire a trust or foundation.'.
Sarah Teather
Greg Mulholland
Annette Brooke
352
*Clause 19, page 14, line 28, at end add—
'(7) The regulations must require any local education authority publishing proposals on the establishment of educational provision suitable to the requirements of pupils over compulsory school age to consult all colleges of further education providing education for 16-19 year olds in the relevant area.
(8) In assessing a proposal under this section the authority or adjudicator must take account of the impact of the proposal on existing provision.'.
Mr Edward Leigh
342
Page 13, line 34, leave out Clause 19.
Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke
218
Clause 20, page 14, line 34, leave out 'or a relevant change in the instrument of government'.
Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke
219
Clause 20, page 14, line 37, leave out 'or a relevant change in the instrument of government'.
Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke
220
Clause 20, page 14, line 39, leave out subsection (2).
Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke
221
Clause 20, page 15, line 5, leave out from 'foundation' to end of line 6.
Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke
222
Clause 20, page 15, line 10, leave out from 'foundation' to 'and' in line 11.
Mr David Chaytor
Sarah Teather
Greg Mulholland
Annette Brooke
223
Clause 20, page 15, line 14, leave out from 'foundation' to end of line 15.
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 Edward Leigh
343
Clause 21, page 16, line 4, at end insert—
| '(d) | any other religious body or foundation relevant to the school in question.'. |
Mr Edward Leigh
344
Page 16, line 14, leave out Clause 22.
Mr Edward Leigh
345
Clause 23, page 18, line 1, leave out from beginning to end of line 21 on page 18 and add—
'(2) A foundation may only be removed from a foundation school with the agreement of that foundation, and a reduction in the number of foundation governors may only be made with the approval of the present foundation governors and the foundation.'.
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
279
Schedule 3, page 124, line 35, leave out from 'investigation)' to end of line 36 and insert 'in subsection (5)—
(a) omit paragraph (a) (which relates to school organisation committees), and
(b) in paragraph (c), for "that Act" substitute "the School Standards and Framework Act 1998".'
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".'.
Jacqui Smith
280
Schedule 3, page 126, line 3, leave out '(8)(a)' and insert '(8)(c)'.
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.".'.
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