sc1342704.125-131

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
125

House of Commons

Thursday 27th April 2006

Standing Committee Proceedings

Standing Committee E

Education and Inspections Bill

[ELEVENTH AND TwelfTH Sittings]

Mr Edward Leigh

Withdrawn  340

Clause  18,  page  13,  line  2,  leave out ‘maintained’ and insert ‘community’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  354

Clause  18,  page  13,  line  5,  at end insert—

‘(1A)
But proposals for a prescribed alteration involving the acquisition by a foundation

or foundation special school of a foundation established otherwise than under

SSFA 1998 may be published only if the conditions in section [Conditions for

new foundations] are satisfied.’.

Mr Edward Leigh

Not called  384

Clause  18,  page  13,  line  10,  after ‘authority’, insert ‘or it is a proposal that all the

maintained schools administered by that local education authority should become

foundation schools,’.

Mr Edward Leigh

Not called  341

Clause  18,  page  13,  line  11,  leave out subsection (b).

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  35

Clause  18,  page  13,  line  14,  leave out ‘or discontinuance’.

Clause Agreed to.

S.C.E.  Standing Committee Proceedings: 27th April 2006
126

Education and Inspections Bill, continued

Mr David Chaytor

Dr Roberta Blackman-Woods

Not called  102

Clause  19,  page  14,  line  14,  at end insert—

‘(m)
prohibiting approval of any alteration involving the expansion of a school

in any case in which such expansion may be considered detrimental to the

opportunities available to the local education authority or to the

governing body of a maintained school in its area to satisfy obligations

imposed by this or any other enactment.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Negatived on division  206

Clause  19,  page  14,  line  17,  at end insert—

‘(3A)
Where regulations made by virtue of subsection (2)—

(a)
confer functions on a local education authority, or

(b)
enable a local education authority or the Secretary of State to require

proposals to be referred to the adjudicator,


the local education authority (or the Secretary of State where applicable) must

exercise its functions and rights with a view to encouraging all primary and

secondary schools to be self-governing and to acquire a trust or foundation.

(3B)
Where proposals are referred to the adjudicator under provisions made by virtue

of subsection (2), the adjudicator shall make his decision with a view to

encouraging all primary and secondary schools to be self-governing and to

acquire a trust or foundation.’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  352

Clause  19,  page  14,  line  28,  at end add—

‘(7)
The regulations must require any local education authority publishing proposals

on the establishment of educational provision suitable to the requirements of

pupils over compulsory school age to consult all colleges of further education

providing education for 16-19 year olds in the relevant area.

(8)
In assessing a proposal under this section the authority or adjudicator must take

account of the impact of the proposal on existing provision.’.

Mr Edward Leigh

Not selected  342

Page  13,  line  34,  leave out Clause 19.

Clause Agreed to.

S.C.E.  Standing Committee Proceedings: 27th April 2006
127

Education and Inspections Bill, continued

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  218

Clause  20,  page  14,  line  34,  leave out ‘or a relevant change in the instrument of

government’.

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  219

Clause  20,  page  14,  line  37,  leave out ‘or a relevant change in the instrument of

government’.

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  220

Clause  20,  page  14,  line  39,  leave out subsection (2).

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  221

Clause  20,  page  15,  line  5,  leave out from ‘foundation’ to end of line 6.

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  222

Clause  20,  page  15,  line  10,  leave out from ‘foundation’ to ‘and’ in line 11.

Mr David Chaytor

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  223

Clause  20,  page  15,  line  14,  leave out from ‘foundation’ to end of line 15.

Sarah Teather

Greg Mulholland

Annette Brooke

Withdrawn  154

Clause  20,  page  15,  line  18,  after ‘by’, insert ‘a two-thirds majority vote of’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  155

Clause  20,  page  15,  line  18,  at end insert ‘and, in the case of secondary schools,

S.C.E.  Standing Committee Proceedings: 27th April 2006
128

Education and Inspections Bill, continued

following consultation with any relevant feeder primary schools.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  36

Clause  20,  page  15,  line  19,  leave out from beginning to ‘and’ in line 20.

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  37

Clause  21,  page  15,  line  25,  leave out subsection (1).

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  38

Clause  21,  page  15,  line  30,  leave out subsection (2).

Mr David Willets

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  78

Clause  21,  page  15,  line  42,  leave out subsection (4).

Sarah Teather

Greg Mulholland

Annette Brooke

Not selected  433

Clause  21,  page  15,  line  46,  leave out ‘after their initial determination by the other

person’.

Sarah Teather

Greg Mulholland

Annette Brooke

Not selected  434

Clause  21,  page  16,  line  4,  at end insert ‘and any existing provider of such

education as might be affected by the proposal’.

Mr Edward Leigh

Mrs Nadine Dorries

Not called  343

Clause  21,  page  16,  line  4,  at end insert—

S.C.E.  Standing Committee Proceedings: 27th April 2006
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Education and Inspections Bill, continued

‘(d)
any other religious body or foundation relevant to the school in

question.’.

Clause Agreed to.

Mr Edward Leigh

Not selected  344

Page  16,  line  14,  leave out Clause 22.

Clause Agreed to.

Mr Edward Leigh

Mrs Nadine Dorries

Withdrawn  345

Clause  23,  page  18,  line  1,  leave out from beginning to end of line 21 and add—

‘(2)
A foundation may only be removed from a foundation school with the agreement

of that foundation, and a reduction in the number of foundation governors may

only be made with the approval of the present foundation governors and the

foundation.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  39

Clause  23,  page  18,  line  7,  after ‘governors’, insert ‘, which shall not be less than

50 per cent,’.

Clause Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  40

Clause  24,  page  18,  line  24,  at end insert—

‘(1A)
No regulations may be made under this section to refer any of the decisions, other

than matters in relation to section 25, to the adjudicator.’.

Clause Agreed to.

S.C.E.  Standing Committee Proceedings: 27th April 2006
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Education and Inspections Bill, continued

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  389

Clause  25,  page  19,  line  34,  leave out from ‘section’ to end of line 35 and insert

‘shall require the governing body to pay to the foundation or trustees of the foundation

such sum representing the expenditure incurred as may be agreed between the foundation

and the governing body.’.

Clause Agreed to.

Clauses 26 to 28 Agreed to.

Jacqui Smith

Agreed to  279

Schedule  3,  page  124,  line  35,  leave out from ‘investigation)’ to end of line 36 and

insert ‘in subsection (5)—

(a)
omit paragraph (a) (which relates to school organisation committees),

and

(b)
in paragraph (c), for “that Act” substitute “the School Standards and

Framework Act 1998”.’

Jacqui Smith

Agreed to  128

Schedule  3,  page  125,  line  11,  at end insert—

‘Diocesan Boards of Education Measure 1991 (No. 2)

3A
In section 3 of the Diocesan Boards of Education Measure 1991 (transactions

for which advice or consent of Board is required) in subsection (1)—

(a)
for paragraphs (a) and (b) substitute—

“(a)
publishing proposals for any prescribed alteration to

the school—

(i)
in the case of a school in England, under

section 18(3) of the Education and

Inspections Act 2006 (“the 2006 Act”), or

(ii)
in the case of a school in Wales, under section

28(2)(b) of the School Standards and

Framework Act 1998 (“the 1998 Act”);

(b)
publishing proposals for the discontinuance of the

school—

(i)
in the case of a school in England, under

section 14(2) of the 2006 Act, or

(ii)
in the case of a school in Wales, under section

29(2) of the 1998 Act;”,

(b)
in paragraphs (c) and (cc) for “that Act” substitute “the 1998 Act”, and

(c)
for paragraph (d) substitute—

“(d)
in the case of a school in Wales, publishing proposals

for changing the category of the school under

paragraph 2 or 3 of Schedule 8 to the 1998 Act; or”.

S.C.E.  Standing Committee Proceedings: 27th April 2006
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Education and Inspections Bill, continued

3B  (1)
Section 7 of the Diocesan Boards of Education Measure 1991 (powers of

Board to give directions to governing bodies of voluntary aided church

schools) is amended as follows.

      (2)
In subsection (1) for paragraphs (a) to (c) substitute—

“(a)
the making of any prescribed alteration to the school—

(i)
in the case of a school in England, under Part 2 of the

Education and Inspections Act 2006 (“the 2006

Act”), or

(ii)
in the case of a school in Wales, under Chapter 2 of

Part 2 of the School Standards and Framework Act

1998 (“the 1998 Act”), or

(b)
the discontinuance of the school—

(i)
in the case of a school in England, under Part 2 of the

2006 Act or section 30 of the 1998 Act, or

(ii)
in the case of a school in Wales, under Chapter 2 of

Part 2 of the 1998 Act, or

(c)
in the case of a school in Wales, changing the school’s

category in accordance with paragraph 2 or 3 of Schedule 8 to

the 1998 Act,”.

      (3)
In subsection (1A), for “under paragraph 2 or 3 of Schedule 8 to that Act”

substitute “under section 18(3) of the 2006 Act or paragraph 2 or 3 of Schedule

8 to the 1998 Act”.

      (4)
In subsection (3)—

(a)
in paragraph (a), for “under section 28(2)(b) of the School Standards

and Framework Act 1998” substitute “under section 18(3) of the 2006

Act or section 28(2)(b) of the 1998 Act”,

(b)
in paragraph (b)—

(i)
at the beginning insert “in the case of a school in Wales”, and

(ii)
for “that Act” substitute “the 1998 Act”, and

(c)
for “the provisions of that Act” substitute “the provisions of the 1998

Act and the 2006 Act”.’.

Jacqui Smith

Agreed to  280

Schedule  3,  page  126,  line  3,  leave out ‘(8)(a)’ and insert ‘(8)(c)’.

Jacqui Smith

Agreed to  129

Schedule  3,  page  126,  line  15,  at end insert—

‘7A(1)
Section 529 of EA 1996 (power to accept gifts on trust for educational

purposes) is amended as follows.

      (2)
After subsection (1) insert—

“(1A)
Any intention on the part of a local education authority in England that

a school should be vested in the authority as trustees shall be treated

for the purposes of sections 7, 9 and 10 of the Education and

Inspections Act 2006 as an intention to establish a new community

school, community special school or maintained nursery school (so

that proposals for that purpose shall be published in accordance with

those sections); and Schedule 2 to that Act (proposals for

establishment or discontinuance of schools in England) shall apply

accordingly.”

      (3)
In subsection (2)—