Amendments proposed to the Education and Inspections Bill - continued	House of Commons
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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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Duty to encourage schools to acquire a trust or foundation

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

NC15

To move the following Clause:—

'A local education authority shall ensure that their functions under this Part are exercised with a view to encouraging all primary and secondary schools to be self-governing and to acquire a trust or foundation.'.

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Mr Edward Leigh

359

Clause     31,     page     21,     line     41,     leave out subsection (3) and insert—

    '(3)   Local authorities or persons appointed by local authorities may not be members of a foundation and may not be foundation governors.'.

   

Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett

256

Clause     31,     page     21,     line     43,     leave out '20' and insert '10'.

   

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
Mr Edward Leigh

156

Clause     31,     page     22,     leave out lines 24 to 41.

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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.

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Mr Edward Leigh

362

Page     23,     line     31,     leave out Clause 33.

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Mr Edward Leigh

363

Clause     34,     page     25,     line     7,     at end add—

    '(2)   The provisions of Schedule 4 only apply to land which was purchased and paid for by the local authority or by the Secretary of State.

    (3)   Schedule 4 does not apply to land which was provided by the foundation or charity for the purposes of the school, or which was purchased by the foundation or charity for the use of the school.'.

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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).'.

Prepared 20 Apr 2006