Vote Bundle Text (960511-02)

Amendments proposed to the Education and Inspections Bill - continued	House of Commons

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

532

Clause 111, page 81, line 17, leave out 'quality adequate' and insert 'sufficiently high quality'.

Jim Knight

564

Clause 121, page 86, line 16, leave out paragraph (e) and insert—

'(e)

(whether or not within paragraph (d)) functions conferred on or exercisable by the authority under the Children Act 1989 (c. 41), the Adoption (Intercountry Aspects) Act 1999 (c. 18) or the Adoption and Children Act 2002 (c. 38) and functions continuing to be exercisable by the authority under the Adoption Act 1976 (c. 36), and

(f)	such other functions of the authority as may be prescribed by regulations made by the Secretary of State.'.

Jim Knight

565

Clause 121, page 86, line 18, leave out 'within subsection (1)(a) or (b), means' and insert 'to which this Chapter applies, means (subject to subsections (3) and (3A))'.

Jim Knight

566

Clause 121, page 86, line 24, leave out subsection (3) and insert—

'(3) In relation to a function within subsection (1)(c), (d) or (e), anything done as mentioned in subsection (2) is a "related activity" only if it is done in relation to or for the benefit of—

(a)	persons aged under 18,

(b)	persons aged 18 or over in relation to whom the authority has functions under any of sections 23C to 24D of the Children Act 1989 (c. 41), or

(c)	persons not within paragraph (a) or (b) in connection with adoption or special guardianship.

In paragraph (c) "special guardianship" means special guardianship under sections 14A to 14G of the Children Act 1989 (c. 41).

(3A) In relation to a function prescribed by regulations under subsection (1)(f), anything done as mentioned in subsection (2) is a "related activity" only if it is prescribed as such by the regulations.'.

Sarah Teather
Greg Mulholland
Annette Brooke

515

Clause 124, page 87, line 30, leave out 'must' and insert 'shall have the power to'.

Sarah Teather
Greg Mulholland
Annette Brooke

516

Clause 124, page 87, line 35, leave out subsection (3).

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

533

Clause 125, page 88, line 6, leave out 'reasonable'.

Jim Knight

567

Clause 128, page 90, line 3, leave out 'and (3)' and insert 'to (3A)'.

Jacqui Smith

463

Clause 137, page 93, line 25, leave out from 'under' to 'or' and insert 'any enactment,'.

Jacqui Smith

464

Clause 137, page 93, line 26, leave out from 'made' to end and insert 'in pursuance of his functions under any enactment,'.

Jacqui Smith

465

Clause 137, page 93, line 28, leave out subsection (2).

Mr Edward Leigh

378

Clause 140, page 94, line 29, leave out subsection (1) and insert—

'(1) The Secretary of State shall pay to the Office of the Chief Inspector the annual fee and any other such fees as are due by virtue of inspections made of, or on behalf of, local authorities.'.

Mr Edward Leigh

379

Clause 140, page 94, line 32, leave out subsection (2) and insert—

'(2) The Secretary of State may, by regulation, specify the amount of fees he will pay to the Office arising from subsection (1).'.

Jacqui Smith

466

Clause 140, page 94, line 34, at end insert—

'(2A) The Chief Inspector may make a scheme under subsection (2B) that is to have effect at a time when no regulations are in force under subsection (1).

(2B) A scheme under this subsection ("a scheme") may provide for a local authority in England to be required to pay to the Chief Inspector an annual fee in respect of the discharge by the authority of any of their relevant functions specified in the scheme.

(2C) The amount of the fee payable by virtue of a scheme is to be such as may be specified in, or calculated or determined under, the scheme.

(2D) A scheme may include provision—

(a)	for different fees to be paid in different cases or classes of case;

(b)	for the amount of a fee to be determined by the Chief Inspector in accordance with specified factors;

(c)	for the time by which a fee must be paid;

(d)	for varying or revoking a previous scheme.

(2E) Before making a scheme the Chief Inspector must consult such persons as he considers appropriate.

(2F) The Chief Inspector must arrange for a scheme to be published in such manner as he considers appropriate.

(2G) A local authority in England must provide the Chief Inspector with such information as he requires for the purpose of determining the amount of a fee payable by the authority by virtue of a scheme.'.

Mr Edward Leigh

380

Clause 140, page 94, line 35, leave out subsections (3) to (5).

Jacqui Smith

470

Schedule 14, page 206, line 22, leave out '(inspection)' and insert 'of the Employment and Training Act 1973 (inspection)—

(a)

Jacqui Smith

471

Schedule 14, page 206, line 24, at end insert—

Jacqui Smith

472

Schedule 14, page 207, line 22, at end insert—

'13A

In section 79N (general functions of Chief Inspector) omit subsections (1) to (3) and (6).

13B

In section 79R (reports of inspections) omit subsection (4).'.

Jacqui Smith

473

Schedule 14, page 207, line 41, at end insert—

'14A

In Schedule 2 (local authority support for children and families) in paragraph 20(1)(a) for "and the Commission for Social Care Inspection" substitute "and (in the case of a local authority in England) Her Majesty's Chief Inspector of Education, Children's Services and Skills".'.

Jacqui Smith

474

Schedule 14, page 208, line 12, at end insert—

'(2A)

For subsection (2) substitute—

(2B)	In subsection (3) omit paragraph (a).

(2C)	In subsection (4) omit the words from "and subsections (2) to (4)" onwards.'.

Jacqui Smith

475

Schedule 14, page 209, line 33, at end insert—

'27A

In Schedule 1 (the Audit Commission) omit paragraph 8(2)(e).'.

Jacqui Smith

476

Schedule 14, page 209, line 41, leave out from beginning to 'for' and insert—

'(1)	Schedule 26 (inspection of nursery education) is amended as follows.

(2)	In paragraph 2(1)(a)'.

Jacqui Smith

477

Schedule 14, page 209, line 43, at end insert—

'(3)	In paragraph 13A omit sub-paragraph (4).'.

Jacqui Smith

478

Schedule 14, page 209, line 43, at end insert—

'Protection of Children Act 1999 (c. 14)

31A

In section 2A(2) of the Protection of Children Act 1999 (persons who may refer individuals for inclusion in list of those unsuitable to work with children) for paragraph (c) substitute—

"(c)	Her Majesty's Chief Inspector of Education, Children's Services and Skills."'.

Jacqui Smith

479

Schedule 14, page 211, line 24, at end insert—

'46A

In section 55(3)(e) (persons who may be treated as social care workers)—

Jacqui Smith

480

Schedule 14, page 212, line 4, leave out 'Part 3' and insert 'sections 52 to 72'.

Jacqui Smith

481

Schedule 14, page 212, leave out lines 21 and 22 and insert—

'52A

In section 94(2) (stamp duty) for "section 90 or 92" substitute "section 92".

52B

In section 95(1)(b) (contracts of employment) for "section 90 or 92" substitute "section 92".

52C

In section 113A(1)(a) (restructuring of sixth-form education) for "section 65" substitute "section 114 of the Education and Inspections Act 2006".

52D

In section 118(1) (inspection)—

52E

In section 150(4)(a) (Wales) omit "90,".

52F

Omit section 151(2) (transitional provisions).

52G

Omit Schedule 6 (the Adult Learning Inspectorate).

52H

(1)

Schedule 7 (sixth forms requiring significant improvement) is amended as follows.

(2)	In paragraph 3(1) for "section 65 or 83" substitute "section 114 of the Education and Inspections Act 2006 or section 83 of this Act".

(3)	In paragraph 5(1) for "section 65 or 83" substitute ", section 114 of the Education and Inspections Act 2006 or section 83".

(4)	In paragraph 10(1) for "section 65 or 83" substitute "section 114 of the Education and Inspections Act 2006 or section 83 of this Act".

(5)	In paragraph 12(1) for "section 65 or 83" substitute ", section 114 of the Education and Inspections Act 2006 or section 83".

52I

Omit Part 3 of Schedule 10 (transitional provisions).'.