sc1342704.139-143

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.  Standing Committee Proceedings: 27th April 2006
139

Education and Inspections Bill, continued

Mr Edward Leigh

Withdrawn  363

Clause  34,  page  25,  line  7,  at end add—

‘(2)
The provisions of Schedule 4 only apply to land which was purchased and paid

for by the local authority or by the Secretary of State.

(3)
Schedule 4 does not apply to land which was provided by the foundation or

charity for the purposes of the school, or which was purchased by the foundation

or charity for the use of the school.’.

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Evennett

Withdrawn  420

Clause  34,  page  25,  line  7,  at end add—

‘(2)
Where Schedule 4 makes provision for a case to be referred to the adjudicator and

the adjudicator makes a decision in such a case there shall be a right of appeal to

the Secretary of State.

(3)
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.’.

.

Clause Agreed to.

Jacqui Smith

Agreed to  281

Schedule  4,  page  135,  line  3,  at end insert—

‘paragraph 28(2) of Schedule 2 to the Education and Inspections Act

2006 (including that provision as applied by any enactment),’.

Jacqui Smith

Agreed to  282

Schedule  4,  page  135,  line  14,  at end insert—

‘(fa)
any land acquired, or enhanced in value, wholly or partly by means of

any grant made on or after 1st April 2007 by the Secretary of State

under paragraph 5 of Schedule 3 (including that provision as applied

by any enactment) in relation to which notice is given in accordance

with paragraph A30,’.

Jacqui Smith

Agreed to  283

Schedule  4,  page  135,  line  25,  leave out ‘7th June 2005’ and insert ‘the

commencement of this sub-paragraph’.

S.C.E.  Standing Committee Proceedings: 27th April 2006
140

Education and Inspections Bill, continued

Jacqui Smith

Agreed to  284

Schedule  4,  page  135,  line  27,  leave out ‘falling within section 21(1)(a)’ and insert

‘established otherwise than under this Act’.

Jacqui Smith

Agreed to  285

Schedule  4,  page  140,  line  46,  at end insert—

‘paragraph 5(4B)(d) of this Schedule;’.

Jacqui Smith

Agreed to  286

Schedule  4,  page  141,  line  9,  after ‘2006’ insert ‘(including that provision as

applied by any enactment)’.

Jacqui Smith

Agreed to  287

Schedule  4,  page  141,  line  19,  after ‘day’ insert ‘other than a grant made on or after

1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by

any enactment),

(ea)
any land acquired, or enhanced in value, wholly or partly by means of

any grant made on or after 1st April 2007 by the Secretary of State

under paragraph 5 of Schedule 3 (including that provision as applied

by any enactment) in relation to which notice is given in accordance

with paragraph A30,’.

Jacqui Smith

Agreed to  288

Schedule  4,  page  141,  line  32,  at end insert—

      ‘()
But this paragraph does not apply to any disposal which—

(a)
is made by a foundation body after the commencement of this sub-

paragraph, and

(b)
is a disposal to the trustees of a foundation or foundation special

school made on the school leaving the group for which the foundation

body acts and becoming a school with a foundation established

otherwise than under this Act.’.

Jacqui Smith

Agreed to  289

Schedule  4,  page  147,  line  20,  after ‘2006’ insert ‘(including that provision as

applied by any enactment)’.

Jacqui Smith

Agreed to  290

Schedule  4,  page  147,  leave out lines 23 and 24.

Jacqui Smith

Agreed to  291

Schedule  4,  page  147,  line  39,  leave out second ‘or’.

Jacqui Smith

Agreed to  292

Schedule  4,  page  147,  line  43,  at end insert—

S.C.E.  Standing Committee Proceedings: 27th April 2006
141

Education and Inspections Bill, continued

‘(j)
any land acquired, or enhanced in value, wholly or partly by means of

any grant made on or after 1st April 2007 by the Secretary of State

under paragraph 5 of Schedule 3 (including that provision as applied

by any enactment) in relation to which notice is given in accordance

with paragraph A30, or

(k)
any land acquired, or enhanced in value, wholly or partly with the

proceeds of disposal of any land acquired or enhanced in value as

mentioned in paragraph (j).’.

Jacqui Smith

Agreed to  293

Schedule  4,  page  157,  line  17,  at end insert—

      ‘()
In determining whether to make an application under sub-paragraph (1) for a

transfer order, a local education authority must have regard, in particular, to

any guidance given from time to time by the Secretary of State.’.

Jacqui Smith

Agreed to  294

Schedule  4,  page  157,  line  24,  at end insert—

      ‘()
In relation to the content of such an application, a local education authority

must have regard, in particular, to any guidance given from time to time by the

Secretary of State.’.

Mr David Chaytor

Not called  226

Schedule  4,  page  157,  line  27,  leave out ‘may’ and insert ‘shall’.

Jacqui Smith

Agreed to  295

Schedule  4,  page  157,  line  31,  leave out from ‘purpose’ to end of line 42 and insert

‘is a qualifying purpose, and’.

Mr David Chaytor

Not called  227

Schedule  4,  page  157,  line  37,  leave out ‘or’.

Mr David Chaytor

Not called  228

Schedule  4,  page  157,  line  42,  after ‘2006,’, insert ‘or

(iv)
is required by the local authority for any other purpose which the

local authority may show to the satisfaction of the adjudicator to

be in the local community interest,’.

Jacqui Smith

Agreed to  296

Schedule  4,  page  157,  line  43,  at end insert—

  ‘(5A)
For the purposes of sub-paragraph (5)(c) the stated purpose is a qualifying

purpose if it falls within one or more of the following descriptions of

purpose—

(a)
the land is required for the purposes of any school or institution which

is, or is to be, maintained by the authority, or which they have power

to assist;

S.C.E.  Standing Committee Proceedings: 27th April 2006
142

Education and Inspections Bill, continued

(b)
the land is otherwise required for the purposes of the exercise of any

of the functions of the authority;

(c)
the land is required for the provision of children’s services by or on

behalf of the local authority who are that authority in the exercise of

any of the relevant functions of that local authority.

    (5B)
For the purposes of sub-paragraph (5A)(c)—

“children’s services” are services provided for or in relation to any of the

following persons (whether or not they are also provided for or in relation

to any other persons)—

(d)
children;

(e)
persons aged 18 or 19;

(f)
persons over the age of 19 who are receiving services under

sections 23C to 24D of the Children Act 1989;

(g)
persons over the age of 19 but under the age of 25 who have a

learning difficulty, within the meaning of section 13 of the

Learning and Skills Act 2000, and are receiving services under

that Act;

“relevant functions” means the functions described in any of paragraphs (a),

(c), (d) or (e) of subsection (1) of section 121 of the Education and

Inspections Act 2006.’.

Jacqui Smith

Agreed to  297

Schedule  4,  page  158,  line  28,  at end insert—

‘paragraph 28(2) of Schedule 2 to the Education and Inspections Act

2006 (including that provision as applied by any enactment),’.

Jacqui Smith

Agreed to  298

Schedule  4,  page  158,  line  41,  after ‘Act’ insert ‘other than a grant paid under such

regulations to the governing body of a voluntary aided school’.

Jacqui Smith

Agreed to  299

Schedule  4,  page  158,  line  41,  at end insert—

‘(fa)
land acquired wholly or partly by means of any grant made on or after

1st April 2007 by the Secretary of State under paragraph 5 of Schedule

3 (including that provision as applied by any enactment) in relation to

which notice is given in accordance with paragraph A30,’.

Jacqui Smith

Agreed to  300

Schedule  4,  page  159,  leave out lines 20 to 22.

Jacqui Smith

Agreed to  301

Schedule  4,  page  159,  line  27,  at end insert—

‘paragraph 5(4B)(d) of this Schedule;’.

Jacqui Smith

Agreed to  302

Schedule  4,  page  159,  line  36,  after ‘2006’ insert ‘(including that provision as

S.C.E.  Standing Committee Proceedings: 27th April 2006
143

Education and Inspections Bill, continued

applied by any enactment)’.

Jacqui Smith

Agreed to  303

Schedule  4,  page  159,  line  46,  after ‘day’ insert ‘other than a grant made on or after

1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by

any enactment)’.

Jacqui Smith

Agreed to  304

Schedule  4,  page  159,  line  48,  after ‘Act’ insert ‘other than a grant paid under such

regulations to the governing body of a voluntary aided school’.

Jacqui Smith

Agreed to  305

Schedule  4,  page  159,  line  48,  at end insert—

‘(fa)
land acquired wholly or partly by means of any grant made on or after

1st April 2007 by the Secretary of State under paragraph 5 of Schedule

3 (including that provision as applied by any enactment) in relation to

which notice is given in accordance with paragraph A30,’.

Jacqui Smith

Agreed to  306

Schedule  4,  page  160,  line  44,  after ‘2006’ insert ‘(including that provision as

applied by any enactment)’.

Jacqui Smith

Agreed to  307

Schedule  4,  page  160,  leave out lines 47 and 48.

Jacqui Smith

Agreed to  308

Schedule  4,  page  161,  line  10,  after ‘Act’ insert ‘other than a grant paid under such

regulations to the governing body of a voluntary aided school’.

Jacqui Smith

Agreed to  309

Schedule  4,  page  161,  line  10,  at end insert—

‘(ga)
land acquired wholly or partly by means of any grant made on or after

1st April 2007 by the Secretary of State under paragraph 5 of Schedule

3 (including that provision as applied by any enactment) in relation to

which notice is given in accordance with paragraph A30,’.

Jacqui Smith

Agreed to  310

Schedule  4,  page  161,  line  12,  leave out ‘paragraph (f) or (g)’ and insert ‘any of

paragraphs (f) to (ga)’.

Jacqui Smith

Agreed to  311

Schedule  4,  page  162,  line  24,  at end insert—