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Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
42
Clause 31, page 22, leave out lines 9 and 10.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
43
Clause 31, page 22, leave out lines 11 to 14 and insert—
'(6) Regulations may prescribe requirements as to persons who are to be disqualified from acting as charity trustee.'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
80
Clause 31, page 22, line 11, leave out from first 'requirements' to 'persons' in line 13 and insert—
| (a) | may include requirements as to the objects or purposes of the foundation, and |
| (a) | must include requirements as to'. |
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
79
Clause 31, page 22, line 14, at end insert—
'(6A) Requirements under subsection (6)(b) must provide that a person shall be disqualified for holding, or continuing to hold, office as a charity trustee if—
| (a) | he is liable to be detained under the Mental Health Act 1983; |
| (b) | he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; |
| (c) | he has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it; |
| (d) | he is subject to a disqualification order under the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or |
| (e) | he is included in a list of teachers and workers with young persons under any other enactment whose employment is restricted or prohibited.'. |
Sarah Teather
Greg Mulholland
Annette Brooke
156
Clause 31, page 22, leave out lines 24 to 41.
Mr David Chaytor
224
Clause 32, page 23, leave out lines 13 to 15 and insert—
'(3) The function of a parent council is to assist the governing body in its consideration of matters arising for determination by the governing body in the exercise of its powers.'.
Mr David Chaytor
225
Clause 32, page 23, line 21, at end insert 'and
| '(e) | the availability to a parent council of administrative, secretarial and related services and of information relevant to matters to be considered by such a council, whether by way of written reports or otherwise, excluding from involvement in the provision of any such services any member of the staff of the school otherwise than under an agreement voluntarily entered into by such member of staff for reasonable remuneration.'. |
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
44
Clause 32, page 23, line 22, leave out 'or impose'.
Mr Edward Leigh
194
Page 23, line 1, leave out Clause 32.
Jacqui Smith
281
Schedule 4, page 135, line 3, at end insert—
'paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),'.
Jacqui Smith
282
Schedule 4, page 135, line 14, at end insert—
'(fa) any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A30,'.
Jacqui Smith
283
Schedule 4, page 135, line 25, leave out '7th June 2005' and insert 'the commencement of this sub-paragraph'.
Jacqui Smith
284
Schedule 4, page 135, line 27, leave out 'falling within section 21(1)(a)' and insert 'established otherwise than under this Act'.
Jacqui Smith
285
Schedule 4, page 140, line 46, at end insert—
'paragraph 5(4B)(d) of this Schedule;'.
Jacqui Smith
286
Schedule 4, page 141, line 9, after '2006' insert '(including that provision as applied by any enactment)'.
Jacqui Smith
287
Schedule 4, page 141, line 19, after 'day' insert 'other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment),
(ea) any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A30,'.
Jacqui Smith
288
Schedule 4, page 141, line 32, at end insert—
| '() | But this paragraph does not apply to any disposal which— |
(a) is made by a foundation body after the commencement of this sub-paragraph, and
(b) is a disposal to the trustees of a foundation or foundation special school made on the school leaving the group for which the foundation body acts and becoming a school with a foundation established otherwise than under this Act.'.
Jacqui Smith
289
Schedule 4, page 147, line 20, after '2006' insert '(including that provision as applied by any enactment)'.
Jacqui Smith
290
Schedule 4, page 147, leave out lines 23 and 24.
Jacqui Smith
291
Schedule 4, page 147, line 39, leave out second 'or'.
Jacqui Smith
292
Schedule 4, page 147, line 43, at end insert—
'(j) any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A30, or
(k) any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (j).'.
Jacqui Smith
293
Schedule 4, page 157, line 17, at end insert—
| '() | In determining whether to make an application under sub-paragraph (1) for a transfer order, a local education authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.'. |
Jacqui Smith
294
Schedule 4, page 157, line 24, at end insert—
| '() | In relation to the content of such an application, a local education authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.'. |
Mr David Chaytor
226
Schedule 4, page 157, line 27, leave out 'may' and insert 'shall'.
Jacqui Smith
295
Schedule 4, page 157, line 31, leave out from 'purpose' to end of line 42 and insert 'is a qualifying purpose, and'.
Mr David Chaytor
227
Schedule 4, page 157, line 37, leave out 'or'.
Mr David Chaytor
228
Schedule 4, page 157, line 42, after '2006,', insert 'or
| (iv) | is required by the local authority for any other purpose which the local authority may show to the satisfaction of the adjudicator to be in the local community interest,'. |
Jacqui Smith
296
Schedule 4, page 157, line 43, at end insert—
| '(5A) | For the purposes of sub-paragraph (5)(c) the stated purpose is a qualifying purpose if it falls within one or more of the following descriptions of purpose— |
(a) the land is required for the purposes of any school or institution which is, or is to be, maintained by the authority, or which they have power to assist;
(b) the land is otherwise required for the purposes of the exercise of any of the functions of the authority;
(c) the land is required for the provision of children's services by or on behalf of the local authority who are that authority in the exercise of any of the relevant functions of that local authority.
| (5B) | For the purposes of sub-paragraph (5A)(c)— |
"children's services" are services provided for or in relation to any of the following persons (whether or not they are also provided for or in relation to any other persons)—
| (e) | persons aged 18 or 19; |
| (f) | persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989; |
| (g) | persons over the age of 19 but under the age of 25 who have a learning difficulty, within the meaning of section 13 of the Learning and Skills Act 2000, and are receiving services under that Act; |
"relevant functions" means the functions described in any of paragraphs (a), (c), (d) or (e) of subsection (1) of section 121 of the Education and Inspections Act 2006.'.
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