sc1342504.115-121

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
115

House of Commons

Tuesday 25th April 2006

Standing Committee Proceedings

Standing Committee E

Education and Inspections Bill

[NINTH AND TENTH Sittings]

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  29

Clause  9,  page  7,  line  34,  leave out subsection (1).

Sarah Teather

Greg Mulholland

Annette Brooke

Mr David Chaytor

Negatived on division  67

Clause  9,  page  7,  line  34,  leave out ‘with the consent of the Secretary of State’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived on division  28

Clause  9,  page  7,  leave out line 37.

Mr Edward Leigh

Not selected  382

Clause  9,  page  7,  line  40,  at end insert ‘or to propose that all the maintained schools

administered by that local education authority should become foundation schools.’.

Mr David Willets

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  77

Clause  9,  page  7,  line  40,  at end insert—

‘(1A)
The Secretary of State shall only consent to the publication of proposals under

subsection (1) for the establishment of a community or community special school

if the local authority can demonstrate to the Secretary of State that the

S.C.E.  Standing Committee Proceedings: 25th April 2006
116

Education and Inspections Bill, continued

establishment of such a school would lead to substantially better academic results

than would be the case for a foundation or foundation special school.’.

Mr David Chaytor

Not called  181

Clause  9,  page  7,  line  40,  at end insert—

‘(1A)
The Secretary of State may not refuse consent under subsection (1)(a) in any case

in which the request by the authority for such consent is shown to be supported

by parents in such numbers and in such categories as may be prescribed by

regulations.’.

Mr Edward Leigh

Not moved  332

Clause  9,  page  7,  line  41,  leave out ‘with the consent of the Secretary of State’.

Sarah Teather

Greg Mulholland

Annette Brooke

Negatived on division  153

Clause  9,  page  7,  line  41,  leave out ‘Secretary of State’ and insert ‘local education

authority’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  30

Clause  9,  page  7,  line  43,  after ‘7)’, insert ‘an academy,’.

Clause Agreed to.

Jacqui Smith

Agreed to  103

Clause  10,  page  9,  line  2,  leave out ‘2002’ and insert ‘1996’.

Sarah Teather

Greg Mulholland

Annette Brooke

Withdrawn  350

Clause  10,  page  9,  line  16,  at end insert—

‘(6A)
Where the proposals relate to a new foundation, voluntary or foundation special

school providing education suitable only to the requirements of persons above

compulsory age, the persons to be consulted under subsection (6) must include all

colleges of further education providing education for 16-19 year olds in the

relevant area.’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  351

Clause  10,  page  9,  line  23,  at end insert—

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Education and Inspections Bill, continued

‘(10)
In determining any proposal under this section the authority or proposers (as the

case may be) must have regard to the impact of any proposed new school on

existing provision in schools or colleges of further education.’.

Clause Agreed to.

Clause 11 Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not moved  160

Clause  12,  page  9,  line  42,  at end insert—

‘(2)
Regulations must have due regard to ease of access and consequent implications

for school transport.’.

Clause Agreed to.

Clause 13 Agreed to.

Mr Edward Leigh

Withdrawn  333

Clause  14,  page  10,  line  23,  leave out ‘rural’.

Mr David Chaytor

Dr Roberta Blackman-Woods

Withdrawn  100

Clause  14,  page  10,  line  25,  at end insert—

‘(aa)
the effect of the discontinuance of the school upon the ability of the local

education authority, and upon the governing bodies of other schools

maintained by that authority, to continue to perform and carry out the

duties and functions in relation to education imposed upon them by this

or any other enactment,’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  31

Clause  14,  page  10,  line  26,  leave out ‘to the local education authority’.

Mr Edward Leigh

Not called  334

Clause  14,  page  10,  line  43,  leave out subsection (b).

S.C.E.  Standing Committee Proceedings: 25th April 2006
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Education and Inspections Bill, continued

Clause Agreed to.

Mr Edward Leigh

Not called  335

Clause  15,  page  11,  line  8,  leave out ‘rural’.

Mr Edward Leigh

Not called  336

Clause  15,  page  11,  line  11,  leave out ‘rural’.

Mr Edward Leigh

Not called  337

Clause  15,  page  11,  line  26,  leave out ‘rural’.

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  32

Clause  16,  page  11,  line  34,  at end insert—

‘(1A)
No special school which caters for—

(a)
children with moderate learning difficulties, or

(b)
children with severe learning difficulties,


shall be discontinued by a local authority without a direction from the Secretary

of State.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Mr Edward Leigh

Negatived on division  255

Clause  16,  page  11,  line  34,  at end insert—

‘(1A)
Before any special school is closed by direction of the Secretary of State, the

Secretary of State must be satisfied that acceptable alternative provision for the

children in that special school has been made.’.

S.C.E.  Standing Committee Proceedings: 25th April 2006
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Education and Inspections Bill, continued

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  33

Clause  16,  page  11,  line  43,  after ‘governors,’, insert—

‘(ca)
parents of children attending the school,’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  34

Clause  16,  page  12,  line  3,  at end insert ‘and shall give his reasons for such

direction’.

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  21

Schedule  2,  page  113,  line  23,  leave out from ‘section’ to ‘and’ in line 25.

Mr David Chaytor

Not called  182

Schedule  2,  page  113,  line  35,  at end insert ‘and

(c)
preventing further consideration of any proposal made pursuant to a

notice under section 7 without there having been first conducted by the

relevant authority a ballot of such category or categories of parents as

may be prescribed in which a majority of those voting have given their

approval to the further consideration of the proposal under this

Schedule.’.

Jacqui Smith

Agreed to  107

Schedule  2,  page  114,  line  16,  after ‘paragraph’ insert ‘, other than proposals to

which paragraph 10 applies,’.

Jacqui Smith

Agreed to  108

Schedule  2,  page  114,  line  19,  after ‘13’ insert ‘and 15’.

S.C.E.  Standing Committee Proceedings: 25th April 2006
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Education and Inspections Bill, continued

Jacqui Smith

Agreed to  109

Schedule  2,  page  114,  line  31,  leave out ‘of a prescribed kind’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  70

Schedule  2,  page  114,  line  39,  at end insert—

‘(7)
In the case of the consideration by a local education authority of proposals for the

establishment of an Academy made pursuant to a notice under section 7 the

authority shall in particular have regard to the effect which the establishment of

such a school would have on the efficient and effective provision of education at

maintained schools in its area.’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  152

Schedule  2,  page  114,  line  39,  at end insert—

    ‘(7)
In the case of the consideration by a local education authority of proposals for

the establishment of an Academy made pursuant to a notice under section 7,

no inducement, whether in the form of additional grant or otherwise, may be

offered to the authority by the Secretary of State so as to influence the decision

to be taken by the authority concerned.’.

Jacqui Smith

Agreed to  110

Schedule  2,  page  115,  line  3,  at end insert ‘but have not yet been determined by

him’.

Jacqui Smith

Agreed to  111

Schedule  2,  page  115,  line  6,  after ‘sections’ insert ‘and not yet determined’.

Jacqui Smith

Agreed to  112

Schedule  2,  page  115,  line  7,  leave out ‘section 113 of’ and insert ‘Schedule 7 to’.

Jacqui Smith

Agreed to  113

Schedule  2,  page  115,  line  8,  at end insert ‘and not yet determined’.

Jacqui Smith

Agreed to  114

Schedule  2,  page  115,  leave out lines 26 and 27.

Jacqui Smith

Agreed to  115

Schedule  2,  page  115,  line  36,  at end insert—

    ‘(3)
Regulations may make provision for the making by the relevant authority to

the adjudicator of objections to any proposals which are required to be referred

to the adjudicator under this paragraph.’.

S.C.E.  Standing Committee Proceedings: 25th April 2006
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Education and Inspections Bill, continued

Jacqui Smith

Agreed to  116

Schedule  2,  page  116,  line  31,  leave out ‘at the request of’ and insert ‘if so

requested within a prescribed time by’.

Jacqui Smith

Agreed to  117

Schedule  2,  page  116,  line  33,  leave out from ‘have’ to end of line and insert

‘determined under paragraph 8(4), together with any reasons given by the authority for

their determination’.

Jacqui Smith

Agreed to  118

Schedule  2,  page  116,  line  41,  after ‘authority’ insert ‘and rejected by the authority

under paragraph 8(4)(a)’.

Jacqui Smith

Agreed to  119

Schedule  2,  page  117,  line  2,  leave out ‘suitable only to the requirements of’ and

insert ‘for’.

Jacqui Smith

Agreed to  120

Schedule  2,  page  117,  line  5,  leave out paragraph 15 and insert—

‘15
Where the relevant authority are required under any of paragraphs 10 to 14 or

under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals

(“the relevant proposals”) to the adjudicator, the authority must also within a

prescribed time refer to the adjudicator—

(a)
any other proposals under section 7, 9, 10 or 14 which relate to the area

of the relevant authority and which by virtue of paragraph 9(2) fall to

be considered with the relevant proposals, and

(b)
where the relevant proposals are referred to the adjudicator by virtue

of paragraph 14, any other proposals under section 9, 10 or 14 which

by virtue of paragraph 9(2) were determined by the relevant authority

with the relevant proposals.’.

Jacqui Smith

Agreed to  121

Schedule  2,  page  117,  line  28,  leave out ‘of paragraphs 10 to 14’ and insert

‘provision of this Part of this Schedule’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived on division  56

Schedule  2,  page  117,  line  42,  at end insert—

‘Right of appeal against decisions of the adjudicator

17A(1)
Where the adjudicator makes a decision in relation to the establishment,

discontinuance or alteration of a school, the school concerned, or in the case of

the establishment of a school, the proposer, may appeal to the Secretary of

State.