06238.1-6

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Education and Inspections Bill
[The page and line references are to HL Bill 116, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 11, leave out “powers” and insert “functions”
Clause 6
2
Page 4, line 41, after “activities” insert “which are”
3
Page 4, line 44, after “activities” insert “which are”
4
Page 5, line 6, at end insert—

“( )
For the purposes of subsection (1)(a)—

(a)
“sufficient educational leisure-time activities” which are for the

improvement of the well-being of qualifying young persons in the

authority’s area must include sufficient educational leisure-time

activities which are for the improvement of their personal and

social development, and

(b)
“sufficient facilities for such activities” must include sufficient

facilities for educational leisure-time activities which are for the

improvement of the personal and social development of qualifying

young persons in the authority’s area.”
Clause 8
5
Page 7, line 45, leave out from “include” to end of line 2 on page 8 and insert

“prescribed matters”
Clause 19
6
Page 14, line 2, at end insert “under this subsection”
7
Page 14, line 3, leave out “and”
8
Page 14, line 4, leave out “or a foundation special school”
9
Page 14, line 6, at end insert—

Bill 238 54/1

2

“( )
an increase in the number of pupils in any relevant age

group,”
10
Page 14, line 10, at end insert “, and

(c)
in the case of a foundation special school, it consists of any one or

more of the following—

(i)
an enlargement of the premises,

(ii)
an increase in the number of pupils for whom the school is

organised to make provision, and

(iii)
a change in the type of special educational needs for which

the school is organised to make provision.”
11
Page 14, line 24, at end insert—

“(4A)
This section has effect subject to section (Restriction on power of governing

body to publish foundation proposals).”
12
Page 14, line 26, at end insert—

““relevant age group” has the same meaning as in SSFA 1998.”
After Clause 19
13
Insert the following new Clause—


“Restriction on power of governing body to publish foundation proposals

(1)
The governing body of a school specified in the first column of the Table

below may not publish proposals under section 19 for a prescribed

alteration of a kind specified in the second column, except with the consent

of—

(a)
the trustees of the school, and

(b)
the person or persons by whom the foundation governors are

appointed.

School
Prescribed alteration

1. A foundation school which,
A relevant change in the

immediately before the
instrument of government.

commencement date, was a

foundation school having a

foundation.

2. A voluntary school.
A change of category from

voluntary controlled school or

voluntary aided school to

foundation school.

3. A foundation school which,
A relevant change in the

having been a voluntary school
instrument of government.

immediately before the

commencement date, changed

category to foundation school

on or after that date.

3

(2)
For the purposes of this section, a “relevant change” in the instrument of

government of a school is a change which results in the majority of

governors being foundation governors.

(3)
In this section—

“the commencement date” means the day on which this Part comes

into force, otherwise than merely for the purpose of enabling orders

or regulations to be made;

“prescribed alteration”, in relation to a maintained school, means an

alteration prescribed under section 18.”
Clause 21
14
Page 15, line 27, leave out from “foundation” to end of line 28
15
Page 16, line 1, leave out from “foundation” to end of line 2 and insert “or together

with both the acquisition of a foundation and a relevant change in the instrument

of government”
Clause 23
16
Page 18, line 25, after “by” insert “, or that which may be made by regulations

under,”
Clause 24
17
Page 18, line 32, leave out subsection (1) and insert—

“(1)
This section applies to any foundation or foundation special school having

a foundation if either or both of the following conditions is met.

(1A)
Condition A is that the school was established (whether or not as a

foundation or foundation special school) in pursuance of proposals falling

to be implemented under Schedule 2.

(1B)
Condition B is that the school acquired its foundation in pursuance of

proposals falling to be implemented under regulations under section 23.”
18
Page 19, line 8, leave out from “which” to “or” in line 9 and insert—

“(i)
proposals for the establishment of the school were

implemented under Schedule 2, or

(ii)
proposals for the acquisition of a foundation, for a relevant

change in the instrument of government or for a change of

category to foundation school or foundation special school

were implemented under regulations under section 23,”
19
Page 19, line 13, at end insert—

“( )
In subsection (4)(a)(ii) “relevant change”, in relation to the instrument of

government of a school, is to be read in accordance with section 21(2).”
Clause 25
20
Page 19, line 40, leave out subsection (3) and insert—

“(3)
Regulations under this section may in prescribed cases—

(a)
require the governing body to ensure that matters relating to—

4

(i)
any transfer which may be required by virtue of subsection

(2)(b) of section 26, or

(ii)
any payment which might be required by virtue of

subsection (3) or (4) of that section,


are agreed or determined before the proposals are published, and

(b)
enable or require any such matter to be referred to the adjudicator

for determination before the proposals are published.”
Clause 26
21
Page 20, line 10, at end insert—

“(2A)
Regulations made by virtue of subsection (2)(b) may make provision about

any of the matters mentioned in section 23(5)(a) to (i).”
22
Page 20, line 30, leave out subsection (5)
23
Page 20, line 37, at end insert—

“(6A)
The implementation of proposals under section 24 is not to be taken as

authorising any change in the religious character of the school or the loss of

religious character.”
Clause 32
24
Page 22, leave out lines 23 to 30 and insert—

“(1)
This section applies to any foundation or foundation special school having

a foundation if any one or more of the following conditions is met.

(1A)
Condition A is that the school was established as a foundation or

foundation special school in pursuance of proposals falling to be

implemented under Schedule 2 to the Education and Inspections Act 2006.

(1B)
Condition B is that the school—

(a)
acquired its foundation, or

(b)
became a school whose instrument of government provides for the

majority of governors to be foundation governors,


in pursuance of proposals falling to be implemented under regulations

under section 23 of that Act.

(1C)
Condition C is that the school changed category from voluntary aided

school to foundation school in pursuance of proposals falling to be

implemented under regulations under section 23 of that Act and has an

instrument of government providing for the majority of governors to be

foundation governors.”
Clause 33
25
Page 24, leave out line 12
26
Page 24, line 18, after “members” insert “of a parent council”
27
Page 24, line 21, at end insert—

“(4A)
Regulations—

(a)
must require the majority of members of a parent council to be

parent members, and

5

(b)
may enable a person who is not the parent of a registered pupil to

be a member of a parent council if appointed in accordance with the

regulations by the parent members.”
28
Page 24, line 30, at end insert—

“(8)
In this section “parent member”, in relation to a parent council, means a

member of the council who is the parent of a registered pupil at the school.”
Before Clause 36
29
Insert the following new Clause—


“Staff at foundation or voluntary schools with religious character

(1)
In section 58 of SSFA 1998 (appointment and dismissal of certain teachers

at schools with a religious character), omit subsection (4) (which prevents

the head teacher of a foundation or voluntary controlled school being a

reserved teacher).

(2)
In section 60 of SSFA 1998 (staff at foundation or voluntary school with

religious character)—

(a)
in subsection (4), after “(whether foundation or voluntary

controlled)” insert “in a case where the head teacher is not to be a

reserved teacher”, and

(b)
in subsection (6), after “voluntary aided school” insert “in Wales”.”
Clause 36
30
Page 26, line 11, at end insert—

“( )
The governing body of a maintained school shall, in discharging their

functions relating to the conduct of the school—

(a)
promote the well-being of pupils at the school, and

(b)
in the case of a school in England, promote community cohesion.”
31
Page 26, line 12, leave out from “discharging” to “have” in line 13 and insert “those

functions”
32
Page 26, line 17, at end insert—

“( )
In this section “well-being”—

(a)
in relation to a pupils at a school in England, means their well-being

so far as relating to the matters mentioned in section 10(2) of the

Children Act 2004, and

(b)
in relation to pupils at a school in Wales, means their well-being so

far as relating to the matters mentioned in section 25(2) of that Act.”
Clause 39
33
Page 29, line 19, after “bodies” insert “or persons”
34
Page 29, line 33, after “body” insert “or person”
After Clause 40
35
Insert the following new Clause—

6

“Duty of governing body to implement decisions relating to admissions

(1)
In section 88 of SSFA 1998 (admission authorities and admission

arrangements), after subsection (1) insert—

“(1A)
Where the admission authority for a community or voluntary

controlled school is the local education authority, it is the duty of

the governing body to implement any decision relating to the

admission of pupils to the school which is taken by or on behalf of

the admission authority.

(1B)
Subsection (1A) does not affect—

(a)
any right of appeal which the governing body may have by

virtue of arrangements made in pursuance of section 95(2)

(appeals in relation to children to whom section 87(2)

applies, other than looked after children in England),

(b)
any right to refer the matter to the adjudicator which the

governing body may have by virtue of section 95A(3)

(references to the adjudicator in relation to looked after

children in England to whom section 87(2) applies), or

(c)
the application of section 101(2A) or section 109(2).”

(2)
In section 86(2) of SSFA 1998 (duty to comply with parental preference) for

“a local education authority and the governing body of a maintained

school” substitute “the admission authority for a maintained school”.

(3)
In section 89C of SSFA 1998 (co-ordinated schemes for admission

arrangements)—

(a)
in subsection (3) for “by virtue of this section” substitute “by virtue

of section 89B”, and

(b)
after subsection (3) insert—

“(3A)
Where any decision as to whether a child is to be granted or

refused admission to a maintained school is (by virtue of

regulations under subsection (3)) made by the local

education authority although they are not the admission

authority, the governing body of the school must

implement the decision.”

(4)
In section 94(1) of SSFA 1998 (responsibility of local authority to make

appeal arrangements) in paragraph (b) for the words from the beginning to

“the authority” substitute “in a case where the governing body of a

community or voluntary controlled school maintained by the authority are

the admission authority”.”
After Clause 41
36
Insert the following new Clause—


“Admission arrangements for schools with religious character: consultation and

objections

In section 89 of SSFA 1998 (procedure for determining admission

arrangements) in subsection (2)—

(a)
omit the “and” at the end of paragraph (c), and

(b)
after paragraph (d) insert “and