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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— |
"(2) 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.'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
207
Clause 30, page 21, line 18, at end insert—
' "self-governing", in relation to a maintained school, means any of the following schools in England—
| (a) | a foundation or voluntary school; |
| (b) | a foundation special school; and |
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".'.
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.'.
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.'. |
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