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Report Stage Proceedings: 23rd May 2006                  

635

 

Education and Inspections Bill, continued

 
 

Helen Jones

 

Jon Trickett

 

Mr John Grogan

 

Clive Efford

 

Jim Dobbin

 

Graham Stringer

 

John Austin

 

Mr Andrew Dismore

 

Not called  9

 

Page  21,  line  43  [Clause  31],  leave out ‘20’ and insert ‘50’.

 


 

Helen Jones

 

Jon Trickett

 

Mr John Grogan

 

Clive Efford

 

Jim Dobbin

 

Graham Stringer

 

John Austin

 

Mr Andrew Dismore

 

Not called  10

 

Page  22,  line  4  [Clause  31],  leave out ‘20’ and and insert ‘50’.

 

Helen Jones

 

Jon Trickett

 

Mr John Grogan

 

Clive Efford

 

Jim Dobbin

 

Graham Stringer

 

John Austin

 

Not called  11

 

Page  22,  line  7  [Clause  31],  leave out ‘20’ and and insert ‘50’.

 

Secretary Alan Johnson

 

Agreed to  46

 

Page  22  [Clause  31],  leave out lines 9 to 14 and insert—

 

‘(5)    

Regulations may disqualify persons from acting as charity trustee in relation to a

 

school to which this section applies.’.

 

Mr Gordon Marsden

 

Jeff Ennis

 

Mrs Joan Humble

 

Not called  92

 

Page  22,  line  12  [Clause  31],  after ‘foundation’, insert ‘including its duties to act in

 

a collaborative fashion with other maintained schools in the local authority area’.

 

Secretary Alan Johnson

 

Agreed to  47

 

Page  22,  line  23  [Clause  31],  at end insert—


 
 

Report Stage Proceedings: 23rd May 2006                  

636

 

Education and Inspections Bill, continued

 
 

‘ “purpose” includes object’.

 


 

Secretary Alan Johnson

 

Agreed to  70

 

Page  121,  line  38  [Schedule  2],  leave out ‘local education’ and insert ‘relevant’.

 


 

Secretary Alan Johnson

 

Agreed to  84

 

Page  124,  line  39  [Schedule  2],  leave out ‘local education’ and insert ‘relevant’.

 

Secretary Alan Johnson

 

Agreed to  85

 

Page  124,  line  43  [Schedule  2],  leave out ‘local education’ and insert ‘relevant’.

 


 

Secretary Alan Johnson

 

Agreed to  86

 

Page  125,  line  18  [Schedule  2],  leave out ‘a local education’ and insert ‘the

 

relevant’.

 

Secretary Alan Johnson

 

Agreed to  71

 

Page  125,  line  24  [Schedule  2],  leave out ‘local education’ and insert ‘relevant’.

 

Secretary Alan Johnson

 

Agreed to  72

 

Page  125,  line  26  [Schedule  2],  leave out ‘local education’ and insert ‘relevant’.

 


 

Secretary Alan Johnson

 

Agreed to  73

 

Page  127,  line  38  [Schedule  2],  after ‘8’ insert ‘and not referred to the adjudicator’.

 


 

Secretary Alan Johnson

 

Agreed to  74

 

Page  128,  line  24  [Schedule  2],  after ‘proposals’ insert ‘under section 14’.


 
 

Report Stage Proceedings: 23rd May 2006                  

637

 

Education and Inspections Bill, continued

 
 

Secretary Alan Johnson

 

Agreed to  75

 

Page  128,  line  32  [Schedule  2],  leave out ‘a local education’ and insert ‘the

 

relevant’.

 


 

Remaining Government new clauses and new schedules

 

Offences relating to independent schools

 

Secretary Alan Johnson

 

Added  nc34

 

To move the following Clause:—

 

‘(1)    

Part 10 of EA 2002 (independent schools) is amended as follows.

 

(2)    

After section 168 insert—

 

“168A

Proceedings for offences

 

No proceedings for an offence under this Chapter shall be instituted

 

except by or with the consent of the registration authority.

 

168B  

Offences by bodies corporate

 

(1)    

Where an offence under this Chapter committed by a body corporate is

 

proved to have been committed with the consent or connivance of, or to

 

be attributable to any neglect on the part of—

 

(a)    

any director, manager, secretary or other similar officer of the

 

body corporate, or

 

(b)    

any person who was purporting to act in any such capacity,

 

    

he (as well as the body corporate) is guilty of the offence and liable to be

 

proceeded against and punished accordingly.

 

(2)    

Where the affairs of a body corporate are managed by its members,

 

subsection (1) applies in relation to the acts and defaults of a member in

 

connection with his functions of management as it applies to a director of

 

a body corporate.

 

168C  

Offences by unincorporated bodies

 

(1)    

Proceedings for an offence alleged to have been committed under this

 

Chapter by an unincorporated body are to be brought in the name of that

 

body (and not in that of any of its members) and, for the purposes of any

 

such proceedings, any rules of court relating to the service of documents

 

have effect as if that body were a corporation.

 

(2)    

A fine imposed on an unincorporated body on its conviction of an offence

 

under this Chapter is to be paid out of the funds of that body.

 

(3)    

If an unincorporated body is charged with an offence under this Chapter,

 

section 33 of the Criminal Justice Act 1925 and Schedule 3 to the

 

Magistrates’ Courts Act 1980 (procedure on charge of an offence against

 

a corporation) apply as they do in relation to a body corporate.


 
 

Report Stage Proceedings: 23rd May 2006                  

638

 

Education and Inspections Bill, continued

 
 

(4)    

Where an offence under this Chapter committed by an unincorporated

 

body (other than a partnership) is proved to have been committed with

 

the consent or connivance of, or to be attributable to any neglect on the

 

part of, any officer of the body or any member of its governing body, he

 

as well as the body is guilty of the offence and liable to be proceeded

 

against and punished accordingly.

 

(5)    

Where an offence under this Chapter committed by a partnership is

 

proved to have been committed with the consent or connivance of, or to

 

be attributable to any neglect on the part of, a partner, he as well as the

 

partnership is guilty of the offence and liable to be proceeded against and

 

punished accordingly.”

 

(3)    

In section 159 (unregistered schools), omit subsection (3).

 

(4)    

Sections 168B and 168C of EA 2002 do not have effect in relation to offences

 

committed before the commencement of this section.’.

 


 

New Clauses and new schedules relating to allegations against teachers

 

Duty in relation to allegations against teachers

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Withdrawn  NC1

 

To move the following Clause:—

 

‘(1)    

This section applies where it is alleged that a teacher or member of staff,

 

inlcuding a volunteer at an educational institution providing education for

 

persons under 18 years of age, has—

 

(a)    

behaved in a way that has harmed a child, or may have harmed a child,

 

(b)    

committed a criminal offence against or related to a child, or

 

(c)    

behaved towards a child or children in a way that indicates he is

 

unsuitable to work with children.

 

(2)    

Any person involved in investigating such an allegation must act with a view to

 

ensuring the confidentiality of any information that might identify—

 

(a)    

the person who made the allegation;

 

(b)    

the person in respect of whom the allegation is made.

 

(3)    

The governing body of a maintained school shall in particular ensure that policies

 

and procedures in relation to allegations against teachers or members of staff

 

provide for disciplinary action to be taken against any teacher or member of staff

 

who discloses any information to which subsection (2) applies without the

 

express authorisation of the governing body.

 

(4)    

This section ceases to apply—

 

(a)    

in the case of a criminal offence, where the teacher or member of staff is

 

found guilty in a court in respect of the offence, or


 
 

Report Stage Proceedings: 23rd May 2006                  

639

 

Education and Inspections Bill, continued

 
 

(b)    

in other cases, when at the completion of investigation and consideration

 

of the allegation it has been determined that the allegation is proved.’.

 


 

new clauses and new schedules relating to school discipline or home-

 

school contracts

 

Acceptance of school rules a condition of admission

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Negatived on division  NC2

 

To move the following Clause:—

 

‘An admission authority may make it a condition of a child’s admission to a

 

school that the parent of a child agrees to secure compliance with any school rules

 

made by the headteacher of that school.’.

 


 

Home-school contracts

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Not called  NC10

 

To move the following Clause:—

 

‘(1)    

Section 111 of SSFA 1998 is amended as follows.

 

(2)    

Omit subsections (4)(b), (4)(c) and (5)

 

(3)    

After subsection (4) insert—

 

“(4A)    

A governing body of a school to which section 110(1) applies or the local

 

education authority where it is the admission authority for such a school

 

may make it a condition of being admitted to the school that the parental

 

declaration is signed in respect of the child.”

 

(4)    

In the heading of sections 110 (home-school agreements) and 111

 

(supplementary provisions about home-school agreements) for “agreements”

 

substitute “contracts”.’.

 



 
 

Report Stage Proceedings: 23rd May 2006                  

640

 

Education and Inspections Bill, continued

 
 

Home-school contracts (No. 2)

 

Mr David Willetts

 

Mr Nick Gibb

 

Mr John Hayes

 

Mr David Evennett

 

Not called  NC11

 

To move the following Clause:—

 

‘(1)    

SSFA 1998 is amended as follows.

 

(2)    

After section 111 insert—

 

“Home-school contracts

 

111A  

Home-school contracts

 

(1)    

The governing body of a school which is—

 

(a)    

a maintained school, or

 

(b)    

a city technology college, a city college for the technology of the

 

arts or an Academy,

 

    

may adopt a home-school contract for the school, together with a parental

 

declaration to be used in connection with the contract.

 

(2)    

For the purposes of this section and section 111 a ‘home-school contract’

 

is a statement specifying—

 

(a)    

the school’s aims and values;

 

(b)    

the school’s responsibilities, namely the responsibilities which

 

the school intends to discharge in connection with the education

 

of pupils at the school who are of compulsory school age;

 

(c)    

the parental responsibilities, namely the responsibilities which

 

the parents of such pupils are expected to discharge in

 

connection with the education of their children while they are

 

registered pupils at the school; and

 

(d)    

the school’s expectations of its pupils, namely the expectations

 

of the school as regards the conduct of such pupils while they are

 

registered pupils there;

 

    

and ‘parental declaration’ means a document to be used by qualifying

 

parents for recording that they take note of the school’s aims and values

 

and its responsibilities and that they acknowledge and accept the parental

 

responsibilities and the school’s expectations of its pupils.

 

(3)    

The governing body shall take reasonable steps to secure that the parental

 

declaration is signed by every qualifying parent.

 

(4)    

An admissions authority may make it a condition of a child being

 

admitted to the school that the parental declaration is signed in respect of

 

the child.

 

(5)    

An admissions authority may not—

 

(a)    

invite any person to sign the parental declaration at a time when

 

the child in question has not been admitted to the school, or

 

(b)    

make any decision as to whether or not to admit a child to the

 

school by reference to whether any such declaration is or is not

 

likely to be signed in respect of the child.

 

(6)    

Subsections (3) and (4) do not require the governing body to seek the

 

signature of a qualifying parent if, having regard to any special


 
 

Report Stage Proceedings: 23rd May 2006                  

641

 

Education and Inspections Bill, continued

 
 

circumstances relating to the parent or the pupil in question, they

 

consider that it would be inappropriate to do so.

 

(7)    

Where the governing body considers that a registered pupil at the school

 

has a sufficient understanding of the home-school contract as it relates to

 

him, they may invite the pupil to sign the parental declaration as an

 

indication that he acknowledges and accepts the school’s expectations of

 

its pupils.

 

(8)    

The governing body shall discharge its duty under subsection (3)—

 

(a)    

in the case of a pupil attending the school on the relevant date, as

 

soon after that date as is reasonably practicable; and

 

(b)    

in the case of a pupil admitted to the school, as soon after the date

 

of his admission as is reasonably practicable.

 

(9)    

The governing body shall from time to time review the home-school

 

contract.

 

(10)    

Where the home-school contract is revised by the governing body

 

following such a review, subsections (3) to (8) shall, in the case of pupils

 

admitted to the school after the revision takes effect, accordingly apply

 

in relation to the revised contract.

 

(11)    

Before adopting the home-school contract or parental declaration, or

 

revising that contract, the governing body shall consult—

 

(a)    

all qualifying parents, and

 

(b)    

such other persons as may be prescribed.

 

(12)    

In this section—

 

‘qualifying parent’ means a registered parent of a pupil at the school who is

 

of compulsory school age;

 

‘admission authority’ has the meaning given by section 88(1).

 

(13)    

Section 110 does not apply to a governing body that decides to have a

 

home-school contract.

 

111B  

Contents of home-school contracts

 

(1)    

In discharging any function under section 111A the governing body of a

 

school shall have regard to any guidance given from time to time by the

 

Secretary of State.

 

(2)    

If the Secretary of State by order so provides, the governing body of a

 

school to which subsection (1) of that section applies shall ensure that

 

any form of words—

 

(a)    

specified in the order, or

 

(b)    

having such effect as is so specified,

 

    

is not used in a home-school contract or (as they case may be) in a

 

parental declaration.

 

(3)    

An order under subsection (2) may apply—

 

(a)    

to any school specified in the order, or

 

(b)    

to any description of school so specified.


 
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