sc1342704.132-138

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.  Standing Committee Proceedings: 27th April 2006
132

Education and Inspections Bill, continued

(a)
after “local education authority” insert “in Wales”,

(b)
omit “(other than a nursery school or special school)”, and

(c)
for the words from “the purposes of” to the end substitute “for the

purposes of sections 28 and 31 of the School Standards and

Framework Act 1998 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 as required by those

sections); and Schedule 6 to that Act (statutory proposals concerning

schools in Wales: procedure and implementation) shall apply

accordingly”.

      (4)
In subsection (3)—

(a)
after “subsection” insert “(1A) or”, and

(b)
at the end insert “, a community special school or a maintained nursery

school.”.’.

Jacqui Smith

Agreed to  130

Schedule  3,  page  126,  line  16,  leave out from beginning to second “in” and

insert—

    ‘(1)
Section 530 of EA 1996 (compulsory purchase of land) is amended as

follows.’.

Jacqui Smith

Agreed to  131

Schedule  3,  page  126,  line  19,  at end insert—

    ‘(3)
In subsection (3), for the words from “borne by them” to the end substitute

“borne by them—

(a)
in the case of an authority in England, under paragraph 7(1) of

Schedule 7A to the Learning and Skills Act 2000 (power to give

assistance in relation to carrying out of obligations under that

Schedule) or under any provision of regulations under section 22 of

the Education and Inspections Act 2006 (implementation of proposals

under section 18 of that Act) which by virtue of subsection (7) of

section 22 of that Act authorises a local education authority to provide

assistance to the governing body of a voluntary aided school in

connection with the implementation of the obligations of the

governing body under the regulations, or

(b)
in the case of an authority in Wales, under paragraph 18 of Schedule 6

to the School Standards and Framework Act 1998 (power to give

assistance to governing body of voluntary aided school in carrying out

statutory proposals) (including that provision as applied by any

enactment).”.’.

Jacqui Smith

Agreed to  132

Schedule  3,  page  126,  line  29,  after ‘20’ insert ‘of SSFA 1998’.

Jacqui Smith

Agreed to  133

Schedule  3,  page  126,  line  38,  after ‘21’ insert ‘of SSFA 1998’.

S.C.E.  Standing Committee Proceedings: 27th April 2006
133

Education and Inspections Bill, continued

Jacqui Smith

Agreed to  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

Agreed to  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

Agreed to  136

Schedule  3,  page  127,  line  8,  after ‘25’ insert ‘of SSFA 1998’.

Jacqui Smith

Agreed to  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

Agreed to  138

Schedule  3,  page  129,  line  24,  at end insert—

‘22A (1)
Section 79 of SSFA 1998 (stamp duty) is amended as follows.

      (2)
In subsection (1)—

(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

Agreed to  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.

      (2)
In subsection (2)—

(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”.

      (3)
In subsection (3)—

(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”.

S.C.E.  Standing Committee Proceedings: 27th April 2006
134

Education and Inspections Bill, continued

      (4)
In subsection (4)—

(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

Agreed to  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

Agreed to  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,

S.C.E.  Standing Committee Proceedings: 27th April 2006
135

Education and Inspections Bill, continued

(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.”.’.

Schedule, as amended, Agreed to.

Jacqui Smith

Agreed to  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

Agreed to  105

Clause  29,  page  20,  line  35,  leave out ‘or discontinuance’ and insert

‘discontinuance or change of category’.

Clause, as amended, Agreed to.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not selected  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

Not called  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

(c)
an Academy.’.

Clause Agreed to.

S.C.E.  Standing Committee Proceedings: 27th April 2006
136

Education and Inspections Bill, continued

new clauses relating to part 2

Conditions for new foundations

Sarah Teather

Greg Mulholland

Annette Brooke

Not called  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

Not called  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

Mrs Nadine Dorries

Withdrawn  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.’.

S.C.E.  Standing Committee Proceedings: 27th April 2006
137

Education and Inspections Bill, continued

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  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

Withdrawn  42

Clause  31,  page  22,  leave out lines 9 and 10.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Not called  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

Not called  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

Not called  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.’.

S.C.E.  Standing Committee Proceedings: 27th April 2006
138

Education and Inspections Bill, continued

Sarah Teather

Greg Mulholland

Annette Brooke

Mr Edward Leigh

Withdrawn  156

Clause  31,  page  22,  leave out lines 24 to 41.

Clause Agreed to.

Mr David Chaytor

Withdrawn  224

Clause  32,  page  23,  leave out lines 13 to 15 and insert—

‘(3)
The function of a parent council is to assist the governing body in its

consideration of matters arising for determination by the governing body in the

exercise of its powers.’.

Mr David Chaytor

Not called  225

Clause  32,  page  23,  line  21,  at end insert ‘and

‘(e)
the availability to a parent council of administrative, secretarial and

related services and of information relevant to matters to be considered

by such a council, whether by way of written reports or otherwise,

excluding from involvement in the provision of any such services any

member of the staff of the school otherwise than under an agreement

voluntarily entered into by such member of staff for reasonable

remuneration.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Agreed to  44

Clause  32,  page  23,  line  22,  leave out ‘or impose’.

Mr Edward Leigh

Not selected  194

Page  23,  line  1,  leave out Clause 32.

Clause, as amended, Agreed to.

Mr Edward Leigh

Not selected  362

Page  23,  line  31,  leave out Clause 33.

Clause Agreed to.