 House of Commons |
Publications on the internet Index of Amendments |
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S.C.E.
Amendment Paper as at
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| (a) | at 4.00 p.m. on Tuesday 9th May; |
| (b) | at 4.00 p.m. on Wednesday 10th May; |
| (c) | at 9.00 a.m. and 1.00 p.m. on Thursday 11th May; |
(3) the remaining proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.
| Proceedings | Time for conclusion of proceedings |
| Clauses 42 and 43; new Clauses and new Schedules relating to school admissions; Clause 44; Schedule 5; Clause 45; remaining new Clauses and new Schedules relating to Part 3; Clauses 46 to 57; Schedule 6; Clause 58; Schedule 7; Clauses 59 and 60; new Clauses and new Schedules relating to part 4. | 1.00 p.m. on Tuesday 9th May. |
| Clauses 61 and 62; new Clauses and new Schedules relating to Part 5; Clauses 63 and 64; Schedule 8; Clause 65; Schedule 9; Clauses 66 to 72; Schedule 10; new Clauses and new Schedules relating to travel to schools and other places where education or training is received. | 9.55 p.m. on Tuesday 9th May. |
| Clauses 73 and 74; remaining new Clauses and new Schedules relating to Part 6; Clauses 75 to 83. | 8.00 p.m. on Wednesday 10th May. |
| Clauses 84 to 97; new Clauses and new Schedules relating to Part 7. | 10.25 a.m. on Thursday 11th May. |
| Clauses 98 to 101; Schedules 11 and 12; Clauses 102 to 135; Schedule 13; Clauses 136 to 142; Schedule 14; Clause 143; Schedule 15; Clause 144; new Clauses and new Schedules relating to Part 8; Clauses 145 and 146; Schedule 16; Clauses 147 to 151; Schedule 17; Clauses 152 and 153; remaining new Clauses; remaining new Schedules; Clauses 154 to 160; Schedule 18; Clauses 161 to 167; remaining proceedings on the Bill. | 4.00 p.m. on Thursday 11th May. |
Clause 42.
Amendment (92) proposed, in page 31, line 26, at the end, to insert the words—
'(1A) After subsection (2) insert—
- "(2A) Where an objection is made under subsection (2), the person making the objection to the adjudicator (the "objector") must provide a detailed meritorious case for his decision, setting out why the specific admission arrangement to which he objects damages his school or, in the case of a local education authority, other schools within the authority area, and providing substantive evidence to support his case.
(2B) If the objector fails to provide the detailed meritorious case and evidence required in subsection (2A) the adjudicator shall not hear the objection.
(2C) If, in the reasonable opinion of the adjudicator an objection by an objector is unreasonable, vexatious, frivolous or otherwise unmeritorious, he shall not hear the objection.
(2D) Where an objector has made objection on the same grounds at any time in the previous three years, the adjudicator shall not hear the objection.".'.—Mr John Hayes
Mr David Chaytor
216
Clause 42, page 31, line 26, at end insert—'(1A) In subsection (2) leave out paragraph (c).'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
52
Clause 42, page 31, line 27, leave out subsection (2).
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
54
Clause 42, page 31, line 31, leave out from 'made' to end of line 32.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
55
Clause 42, page 31, line 39, leave out from 'arrangements' to 'and' in line 40.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
53
Clause 42, page 31, line 46, at end insert ', provided those modifications are in line with the character and ethos of the school.'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
57
Clause 42, page 31, line 46, at end insert—'(5D) Where the adjudicator makes a decision in relation to the admission arrangements of an admission authority, the admission authority may appeal to the Secretary of State.
(5E) The Secretary of State may by regulations make provision in relation to appeals under this section, including provision—
| (a) | as to the time by which an appeal is to be made, |
| (b) | as to the manner in which an appeal is to be made, |
| (c) | as to the procedure to be followed in connection with an appeal, and |
| (d) | as to the matters to be taken into account in deciding whether to allow an appeal.'. |
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
93
Clause 42, page 32, line 22, leave out subsection (6).
Mr Edward Leigh
198
Page 31, line 24, leave out Clause 42.
Mr David Chaytor
450
Clause 43, page 32, leave out line 27.
Mr David Chaytor
451
Clause 43, page 33, line 1, after 'that', insert 'a balanced intake of pupils is achieved, that is'.
Mr David Willetts
Mr Nick Gibb
Mr John Hayes
Mr David Evennett
94
Clause 43, page 33, line 8, at end insert '(1) or'.
Mr David Chaytor
217
Clause 43, page 33, line 9, at end insert—'(2B) If the admission authority for a maintained school in England is the governing body, the governing body may only make such provision for selection by ability as is mentioned in subsection (1A) with the consent of the local education authority.'.
Mr David Chaytor
452
Clause 43, page 33, line 10, leave out from '(3),' to end and insert 'for "subsection (1)" substitute "subsections (1) or (1A)" and add at the end of the subsection ", in Wales or section 17 of the Education and Inspections Act 2006 in England".'.
NEW CLAUSES RELATING TO SCHOOL ADMISSIONS
Direction to admit looked after child to specified school
Jacqui Smith
NC27
To move the following Clause:—'(1) After section 97 of SSFA 1998 insert—
- "97A Direction to admit looked after child to specified school
(1) A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.
(2) A direction under this section shall not specify a school from which the child is permanently excluded.
(3) Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.
(4) Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
97B Procedure for giving direction under section 97A
(1) Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.
(2) The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.
(3) Where the local authority decide to give a direction under section 97A specifying a school—
| (a) | they shall, before doing so, serve a notice in writing of their decision on— |
| (i) | the admission authority for the school, |
| (ii) | if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school, |
| (iii) | if the school is maintained by a local education authority who are not the authority proposing to give the direction and are not the admission authority, the local education authority who maintain the school, and |
| (iv) | the head teacher of the school, and |
| (b) | they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference. |
| (a) | the admission authority on whom a notice is served under subsection (3)(a)(i), and |
| (b) | in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii), |
- may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.
(5) A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(6) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—
| (a) | the local authority may not give a direction under section 97A that the school admit the child, but |
| (b) | the adjudicator may determine that another school in England is to be required to admit the child. |
(8) A determination under subsection (6)(b) may not be made if—
| (a) | the child is permanently excluded from the other school, or |
| (b) | the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources. |
| (a) | if the local authority referred to in subsection (1) are the admission authority for that school they shall— |
| (i) | admit the child to the school, and |
| (ii) | give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and |
| (b) | in any other case, the local authority shall specify that school in their direction under section 97A. |
- "(7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989."
(4) In section 143 of SSFA 1998 (index) after the entry relating to "child (in Chapter 1 of Part 3 but not in sections 96 and 97)" insert—
| "child looked after by a local authority (in Chapter 1 of Part 3) | section 84(7)".'. |
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| ©Parliamentary copyright 2006 | Prepared 9 May 2006 |