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| | | ‘A local education authority in England may not reject a proposal for the |
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| | | establishment or alteration of a maintained school solely on the grounds that it |
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| | | would create surplus places at other schools in the area.’. |
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| | | Prohibition on the establishment of new community schools |
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| | To move the following Clause:— |
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| | | ‘No new community or community special school may be established in England |
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| | | after the coming into force of this Act.’. |
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| | | Role of local authorities |
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| | To move the following Clause:— |
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| | | ‘(1) | A local authority in England may not publish its own proposal for the |
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| | | establishment of new community schools. |
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| | | (2) | In exercising its functions in relation to school organisation a local authority in |
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| | | England must act with a view to commissioning school places rather than |
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| | | providing them directly.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | There shall be a Schools Commissioner. |
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| | | (2) | The Schools Commissioner shall have a duty to encourage schools to become |
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| | | (3) | For the purposes of subsection (2), a Trust school is a foundation school with a |
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| | | Power of Secretary of State to require a school to become a foundation school |
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| | To move the following Clause:— |
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| | | ‘(1) | If the Secretary of State determines that education at a school is unsatisfactory, he |
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| | | may by order require the governing body of a school to acquire foundation status. |
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| | | (2) | Where the Secretary of State issues an order under subsection (1), the governing |
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| | | body of the school shall publish proposals in accordance with sections 18 to 20.’. |
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| | | Adoption of foundation status |
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| | To move the following Clause:— |
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| | | ‘All existing maintained schools may apply to the Secretary of State to adopt |
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| | | foundation status, and the Secretary of State shall grant such foundation status |
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| | | unless there are overriding circumstances which make this impossible.’. |
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| | | Status and regulation of foundation schools |
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| | To move the following Clause:— |
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| | | ‘All foundation schools, both existing schools adopting foundation status and |
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| | | newly established schools, shall have charitable status and shall be subject to no |
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| | | more than the regulations applicable to the independent schools, with the |
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| | | exception that they may not charge fees.’. |
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| | new clauses and new schedules relating to foundations |
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| | | Register of institutions approved to act as a foundation of a school |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall establish and maintain a register of all institutions |
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| | | approved by him to act as or take part in the foundation of a foundation school. |
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| | | (2) | In considering whether to approve an institution under this section, the Secretary |
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| | | of State shall consider evidence that the institution is— |
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| | | (a) | capable of contributing to the raising of school standards, |
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| | | (b) | capable of promoting community cohesion, |
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| | | (c) | not involved in activities inappropriate for children and young people, |
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| | | (d) | capable of conforming to the charitable objectives of the foundation, and |
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| | | (e) | able to demonstrate that its trustees are not involved in illegal activities |
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| | | or any other activities incompatible with the good reputation of any |
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| | | school of which it may be the foundation or in the foundation of which it |
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| | | (3) | An institution may not act as nor take any part in the foundation of a foundation |
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| | | school unless registered as approved by the Secretary of State under this section. |
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| | | (4) | Regulations under this section may make provision as to— |
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| | | (a) | the form and manner in which applications for registration are to be |
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| | | (b) | the documentary and other evidence which is to accompany applications |
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| | | (c) | the registration, on the establishment of the register, of institutions which |
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| | | have not made such applications; |
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| | | (d) | the matters which are to be recorded in the register against the institutions |
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| | | (e) | the restoration and alteration of entries; |
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| | | (f) | the information contained in the register which may be made available |
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| | | for inspection by members of the public, and the circumstances in which |
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| | | and the conditions subject to which that information may be made |
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| | | (g) | such other matters as may be determined by the Secretary of State.’. |
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| | Page 7, line 2 [Clause 7], at end insert— |
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| | | ‘(ba) | state whether or not the proposed school is to be a federated school’. |
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| | Page 7, line 18 [Clause 7], leave out ‘with the consent of the Secretary of State’ and |
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| | insert ‘if section (Proposals under section 7 relating to community or community special |
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| | schools) permits them to do so’. |
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| | Page 7, line 18 [Clause 7], leave out ‘with the consent of the Secretary of State,’. |
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| | Page 7 [Clause 7], leave out lines 18 to 20. |
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| | Page 7, line 28 [Clause 8], leave out subsection (1). |
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| | Page 7 [Clause 9], leave out line 39. |
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| | Page 8, line 6 [Clause 9], at end insert— |
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| | | ‘(2A) | The Secretary of State shall not give consent for the establishment of a new |
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| | | community or community special school under subsection (1)(a) above unless— |
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| | | (a) | no other provider expresses an interest in establishing a similar school, |
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| | | (b) | the local authority is rated “very good” or “good” by Ofsted.’. |
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| | Page 9, line 28 [Clause 11], leave out ‘7, 9 or 10’ and insert ‘9 and 10(1)’. |
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| | Page 9, line 31 [Clause 11], at end insert— |
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| | | ‘(1A) | Proposals under section 7 or 10(2) for the establishment of a new school in |
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| | | England must relate to the establishment of the school as a federated school.’. |
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| | Page 10, line 23 [Clause 14], leave out ‘rural primary’. |
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| | Page 12, line 30 [Clause 17], leave out ‘foundation or’. |
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| | Page 12, line 32 [Clause 17], leave out paragraph (d). |
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| | Page 12, line 39 [Clause 17], at end insert— |
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| | | ‘(g) | any change from federated foundation school to non-federated |
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| | Page 13, line 17 [Clause 18], at end insert ‘, and |
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| | | (iv) | a change of category from foundation school to community |
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| | | school or from foundation special school to community special |
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| | Page 14, line 34 [Clause 20], after ‘school,’, insert ‘with or’. |
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| | Page 14, line 37 [Clause 20], after ‘school,’ , insert ‘with or’. |
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| | Page 14, line 41 [Clause 20], at end insert— |
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| | | ‘(2A) | Where a governing body publishes proposals relating to a change of category |
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| | | from community or voluntary controlled school to a foundation school, it shall be |
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| | | a requirement that the proposals provide for 20 per cent. of the governing body to |
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| | | be elected parent governors.’. |
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| | Page 15 [Clause 20], leave out lines 1 to 23. |
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| | Page 15 [Clause 21], leave out lines 25 to 41. |
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| | Page 21, line 39 [Clause 31], leave out ‘and’. |
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| | Page 21, line 39 [Clause 31], after ‘description,’, insert— |
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| | | ‘(aa) | is registered on the list maintained by the Secretary of State under section |
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| | | [Register of institutions approved to act as a foundation of a school],’. |
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| | Page 21, line 40 [Clause 31], at end insert ‘ and |
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| | | (c) | it has as its purpose, or one of its purposes, the advancement of the |
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| | | education of pupils at the school or schools in respect of which it acts as |
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| | Page 21, line 40 [Clause 31], at end insert— |
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| | | ‘(2A) | The foundation of a school to which this section applies shall, in carrying out its |
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| | | functions in relation to the school, promote community cohesion.’. |
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