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| Page 21, line 43 [Clause 31], leave out ‘20’ and insert ‘50’. |
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| Page 22, line 4 [Clause 31], leave out ‘20’ and and insert ‘50’. |
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| Page 22, line 7 [Clause 31], leave out ‘20’ and and insert ‘50’. |
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| Page 22 [Clause 31], leave out lines 9 to 14 and insert— |
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| | ‘(5) | Regulations may disqualify persons from acting as charity trustee in relation to a |
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| | school to which this section applies.’. |
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| Page 22, line 12 [Clause 31], after ‘foundation’, insert ‘including its duties to act in |
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| a collaborative fashion with other maintained schools in the local authority area’. |
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| Page 22, line 23 [Clause 31], at end insert— |
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| | ‘ “purpose” includes object’. |
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| Page 121, line 38 [Schedule 2], leave out ‘local education’ and insert ‘relevant’. |
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| Page 124, line 39 [Schedule 2], leave out ‘local education’ and insert ‘relevant’. |
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| Page 124, line 43 [Schedule 2], leave out ‘local education’ and insert ‘relevant’. |
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| Page 125, line 18 [Schedule 2], leave out ‘a local education’ and insert ‘the |
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| Page 125, line 24 [Schedule 2], leave out ‘local education’ and insert ‘relevant’. |
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| Page 125, line 26 [Schedule 2], leave out ‘local education’ and insert ‘relevant’. |
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| Page 127, line 38 [Schedule 2], after ‘8’ insert ‘and not referred to the adjudicator’. |
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| Page 128, line 24 [Schedule 2], after ‘proposals’ insert ‘under section 14’. |
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| Page 128, line 32 [Schedule 2], leave out ‘a local education’ and insert ‘the |
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| Remaining Government new clauses and new schedules |
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| | Offences relating to independent schools |
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| To move the following Clause:— |
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| | ‘(1) | Part 10 of EA 2002 (independent schools) is amended as follows. |
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| | (2) | After section 168 insert— |
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| | “168A | Proceedings for offences |
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| | No proceedings for an offence under this Chapter shall be instituted |
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| | except by or with the consent of the registration authority. |
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| | 168B | Offences by bodies corporate |
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| | (1) | Where an offence under this Chapter committed by a body corporate is |
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| | proved to have been committed with the consent or connivance of, or to |
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| | be attributable to any neglect on the part of— |
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| | (a) | any director, manager, secretary or other similar officer of the |
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| | (b) | any person who was purporting to act in any such capacity, |
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| | | he (as well as the body corporate) is guilty of the offence and liable to be |
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| | proceeded against and punished accordingly. |
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| | (2) | Where the affairs of a body corporate are managed by its members, |
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| | subsection (1) applies in relation to the acts and defaults of a member in |
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| | connection with his functions of management as it applies to a director of |
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| | |
| | 168C | Offences by unincorporated bodies |
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| | (1) | Proceedings for an offence alleged to have been committed under this |
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| | Chapter by an unincorporated body are to be brought in the name of that |
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| | body (and not in that of any of its members) and, for the purposes of any |
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| | such proceedings, any rules of court relating to the service of documents |
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| | have effect as if that body were a corporation. |
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| | (2) | A fine imposed on an unincorporated body on its conviction of an offence |
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| | under this Chapter is to be paid out of the funds of that body. |
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| | (3) | If an unincorporated body is charged with an offence under this Chapter, |
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| | section 33 of the Criminal Justice Act 1925 and Schedule 3 to the |
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| | Magistrates’ Courts Act 1980 (procedure on charge of an offence against |
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| | a corporation) apply as they do in relation to a body corporate. |
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| | (4) | Where an offence under this Chapter committed by an unincorporated |
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| | body (other than a partnership) is proved to have been committed with |
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| | the consent or connivance of, or to be attributable to any neglect on the |
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| | part of, any officer of the body or any member of its governing body, he |
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| | as well as the body is guilty of the offence and liable to be proceeded |
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| | against and punished accordingly. |
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| | (5) | Where an offence under this Chapter committed by a partnership is |
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| | proved to have been committed with the consent or connivance of, or to |
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| | be attributable to any neglect on the part of, a partner, he as well as the |
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| | partnership is guilty of the offence and liable to be proceeded against and |
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| | (3) | In section 159 (unregistered schools), omit subsection (3). |
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| | (4) | Sections 168B and 168C of EA 2002 do not have effect in relation to offences |
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| | committed before the commencement of this section.’. |
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| New Clauses and new schedules relating to allegations against teachers |
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| | Duty in relation to allegations against teachers |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where it is alleged that a teacher or member of staff, |
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| | inlcuding a volunteer at an educational institution providing education for |
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| | persons under 18 years of age, has— |
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| | (a) | behaved in a way that has harmed a child, or may have harmed a child, |
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| | (b) | committed a criminal offence against or related to a child, or |
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| | (c) | behaved towards a child or children in a way that indicates he is |
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| | unsuitable to work with children. |
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| | (2) | Any person involved in investigating such an allegation must act with a view to |
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| | ensuring the confidentiality of any information that might identify— |
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| | (a) | the person who made the allegation; |
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| | (b) | the person in respect of whom the allegation is made. |
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| | (3) | The governing body of a maintained school shall in particular ensure that policies |
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| | and procedures in relation to allegations against teachers or members of staff |
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| | provide for disciplinary action to be taken against any teacher or member of staff |
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| | who discloses any information to which subsection (2) applies without the |
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| | express authorisation of the governing body. |
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| | (4) | This section ceases to apply— |
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| | (a) | in the case of a criminal offence, where the teacher or member of staff is |
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| | found guilty in a court in respect of the offence, or |
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| | (b) | in other cases, when at the completion of investigation and consideration |
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| | of the allegation it has been determined that the allegation is proved.’. |
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| new clauses and new schedules relating to school discipline or home- |
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| | Acceptance of school rules a condition of admission |
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| | Negatived on division NC2 |
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| To move the following Clause:— |
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| | ‘An admission authority may make it a condition of a child’s admission to a |
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| | school that the parent of a child agrees to secure compliance with any school rules |
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| | made by the headteacher of that school.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 111 of SSFA 1998 is amended as follows. |
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| | (2) | Omit subsections (4)(b), (4)(c) and (5) |
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| | (3) | After subsection (4) insert— |
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| | “(4A) | A governing body of a school to which section 110(1) applies or the local |
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| | education authority where it is the admission authority for such a school |
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| | may make it a condition of being admitted to the school that the parental |
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| | declaration is signed in respect of the child.” |
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| | (4) | In the heading of sections 110 (home-school agreements) and 111 |
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| | (supplementary provisions about home-school agreements) for “agreements” |
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| | substitute “contracts”.’. |
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| | Home-school contracts (No. 2) |
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| To move the following Clause:— |
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| | ‘(1) | SSFA 1998 is amended as follows. |
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| | (2) | After section 111 insert— |
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| | 111A | Home-school contracts |
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| | (1) | The governing body of a school which is— |
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| | (a) | a maintained school, or |
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| | (b) | a city technology college, a city college for the technology of the |
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| | | may adopt a home-school contract for the school, together with a parental |
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| | declaration to be used in connection with the contract. |
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| | (2) | For the purposes of this section and section 111 a ‘home-school contract’ |
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| | is a statement specifying— |
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| | (a) | the school’s aims and values; |
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| | (b) | the school’s responsibilities, namely the responsibilities which |
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| | the school intends to discharge in connection with the education |
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| | of pupils at the school who are of compulsory school age; |
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| | (c) | the parental responsibilities, namely the responsibilities which |
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| | the parents of such pupils are expected to discharge in |
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| | connection with the education of their children while they are |
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| | registered pupils at the school; and |
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| | (d) | the school’s expectations of its pupils, namely the expectations |
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| | of the school as regards the conduct of such pupils while they are |
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| | |
| | | and ‘parental declaration’ means a document to be used by qualifying |
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| | parents for recording that they take note of the school’s aims and values |
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| | and its responsibilities and that they acknowledge and accept the parental |
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| | responsibilities and the school’s expectations of its pupils. |
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| | (3) | The governing body shall take reasonable steps to secure that the parental |
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| | declaration is signed by every qualifying parent. |
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| | (4) | An admissions authority may make it a condition of a child being |
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| | admitted to the school that the parental declaration is signed in respect of |
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| | |
| | (5) | An admissions authority may not— |
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| | (a) | invite any person to sign the parental declaration at a time when |
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| | the child in question has not been admitted to the school, or |
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| | (b) | make any decision as to whether or not to admit a child to the |
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| | school by reference to whether any such declaration is or is not |
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| | likely to be signed in respect of the child. |
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| | (6) | Subsections (3) and (4) do not require the governing body to seek the |
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| | signature of a qualifying parent if, having regard to any special |
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| | circumstances relating to the parent or the pupil in question, they |
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| | consider that it would be inappropriate to do so. |
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| | (7) | Where the governing body considers that a registered pupil at the school |
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| | has a sufficient understanding of the home-school contract as it relates to |
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| | him, they may invite the pupil to sign the parental declaration as an |
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| | indication that he acknowledges and accepts the school’s expectations of |
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| | (8) | The governing body shall discharge its duty under subsection (3)— |
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| | (a) | in the case of a pupil attending the school on the relevant date, as |
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| | soon after that date as is reasonably practicable; and |
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| | (b) | in the case of a pupil admitted to the school, as soon after the date |
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| | of his admission as is reasonably practicable. |
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| | (9) | The governing body shall from time to time review the home-school |
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| | (10) | Where the home-school contract is revised by the governing body |
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| | following such a review, subsections (3) to (8) shall, in the case of pupils |
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| | admitted to the school after the revision takes effect, accordingly apply |
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| | in relation to the revised contract. |
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| | (11) | Before adopting the home-school contract or parental declaration, or |
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| | revising that contract, the governing body shall consult— |
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| | (a) | all qualifying parents, and |
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| | (b) | such other persons as may be prescribed. |
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| | |
| | ‘qualifying parent’ means a registered parent of a pupil at the school who is |
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| | of compulsory school age; |
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| | ‘admission authority’ has the meaning given by section 88(1). |
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| | (13) | Section 110 does not apply to a governing body that decides to have a |
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| | 111B | Contents of home-school contracts |
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| | (1) | In discharging any function under section 111A the governing body of a |
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| | school shall have regard to any guidance given from time to time by the |
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| | |
| | (2) | If the Secretary of State by order so provides, the governing body of a |
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| | school to which subsection (1) of that section applies shall ensure that |
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| | (a) | specified in the order, or |
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| | (b) | having such effect as is so specified, |
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| | | is not used in a home-school contract or (as they case may be) in a |
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| | |
| | (3) | An order under subsection (2) may apply— |
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| | (a) | to any school specified in the order, or |
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| | (b) | to any description of school so specified. |
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