06238.14-17

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

14

(4)
The appropriate authority may provide to the Independent Barring

Board, the General Teaching Council for England, the General

Teaching Council for Wales, the Secretary of State or the National

Assembly for Wales any information relating to a person which is

held by the appropriate authority in connection with its functions

under section 167A.

167D
Directions under section 167A: notification

(1)
Where the appropriate authority in relation to England gives a

direction under section 167A(1), or varies or revokes any such

direction, it must notify—

(a)
the registration authority in relation to England (unless the

appropriate authority is the registration authority), and

(b)
the registration authority in relation to Wales and (if

different) the appropriate authority in relation to Wales.

(2)
Where the appropriate authority in relation to Wales gives a

direction under section 167A(1), or varies or revokes any such

direction, it must notify—

(a)
the registration authority in relation to Wales (unless the

appropriate authority is the registration authority), and

(b)
the registration authority in relation to England and (if

different) the appropriate authority in relation to

England.”.”
67
Insert the following new Clause—

“Prohibition on participation in management: supplementary

(1)
In section 169 of EA 2002 (unsuitable persons), for the words from “any

work” onwards substitute “work of a prescribed kind is subject to a

direction, order or decision of a prescribed description made under any

prescribed enactment having effect in any part of the United Kingdom”.

(2)
In section 113BA of the Police Act 1997 (c. 50) (suitability information

relating to children), at the end of subsection (2) insert—

“(e)
whether the applicant is subject to a direction under section

167A of the Education Act 2002 (prohibition on

participation in management of independent school).”

(3)
In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in

subsection (2) after paragraph (b) insert—

“(ba)
on an appeal under section 167B of the Education Act

2002;”.”
68
Insert the following new Clause—

“Prohibition on participation in management: transitional provision

(1)
A person falls within this subsection if—

(a)
immediately before the relevant day he is subject to a direction

under section 142 of EA 2002 given on grounds prescribed for the

purposes of this section, and

(b)
prescribed conditions (which may include conditions relating to

decisions taken on or after the relevant day by the Independent

15

Barring Board under the Safeguarding Vulnerable Groups Act

2006) are satisfied in relation to him.

(2)
Regulations may provide that, as from a time specified in or determined in

accordance with the regulations, persons who fall within subsection (1) are

to be treated for prescribed purposes as if the direction given under section

142 of EA 2002 were a direction given by the appropriate authority under

section 167A of that Act.

(3)
Regulations may make provision in connection with the determination of

any appeal under subsection (1) of section 144 of EA 2002, or application

for review under subsection (2) of that section, which is pending on the

relevant day.

(4)
Regulations under subsection (3) may, in particular, provide for an appeal,

or application for review, under section 144 of EA 2002 to be treated as an

appeal under section 167B of that Act.

(5)
In this section—

“appropriate authority” has the same meaning as in section 167A of

EA 2002;

“prescribed” means prescribed by regulations under this section;

“regulations” means regulations made—

(a)
in relation to England, by the Secretary of State, or

(b)
in relation to Wales, by the Assembly;

“the relevant day” means the day on which section 167A of EA 2002

comes into force.”
After Clause 158
69
Insert the following new Clause—


“Special educational needs co-ordinators

In section 317 of EA 1996 (duties of governing body or LEA in relation to

pupils with special educational needs) after subsection (3) insert—

“(3A)
The governing body of a community, foundation or voluntary

school or a maintained nursery school shall designate a member of

the staff at the school (to be known as the “special educational needs

co-ordinator”) as having responsibility for co-ordinating the

provision for pupils with special educational needs.

(3B)
Regulations may—

(a)
require the governing bodies of schools falling within

subsection (3A) to ensure that special educational needs co-

ordinators have prescribed qualifications or prescribed

experience (or both), and

(b)
confer on the governing bodies of those schools other

functions relating to special educational needs co-

ordinators.””
Clause 164
70
Page 116, line 2, leave out “this section” and insert “section 163”

16

Clause 165
71
Page 116, line 37, at end insert—

“section (Charges for music tuition) (charges for music tuition);”
72
Page 116, line 42, at end insert—

“section (Special educational needs co-ordinators) (Special educational

needs co-ordinators);”
Clause 167
73
Page 117, line 21, after “provisions)” insert—

“(aa)
an order under section 153 (power to repeal references to “local

education authority” and “children’s services authority” etc) which

amends or repeals any provision of a public general Act,”
Clause 174
74
Page 120, line 10, at end insert—

“in section (Staff at foundation or voluntary schools with religious

character) (staff at foundation or voluntary schools with religious

character), subsections (1) and (2)(a);”
75
Page 120, line 13, at end insert—

“section (Duty of governing body to implement decisions relating to

admissions) (duty of governing body to implement decisions

relating to admissions);”
76
Page 120, line 14, at end insert—

“section (Admission arrangements for schools with religious character:

consultation and objections) (admission arrangements for schools

with religious character: consultation and objections);”
77
Page 120, line 15, at end insert—

“section (Schools with pre-1998 arrangements for selection by ability or

aptitude) (schools with pre-1998 arrangements for selection by

ability or aptitude);”
78
Page 120, line 15, at end insert—

“section (Right of sixth-form pupils to be excused from attendance at

religious worship) (right of sixth-form pupils to be excused from

attendance at religious worship);”
79
Page 120, line 15, at end insert—

“section (Charges for music tuition) (charges for music tuition);”
80
Page 120, line 22, at end insert—

“section (Power of members of staff of further education institutions to use

force) (power of members of staff of further education institutions to

use force);”
81
Page 120, line 24, at end insert—

“section (Consultation with young pupils) (consultation with young

pupils);”
82
Page 120, line 24, at end insert—

17

“sections (Prohibition on participation in management of independent

schools) to (Prohibition on participation in management: transitional

provision) (prohibition on participation in management of

independent schools);”
83
Page 120, line 24, at end insert—

“section (Special educational needs co-ordinators) (Special educational

needs co-ordinators);”
Clause 175
84
Page 121, line 3, after “Act” insert “, other than any amendment made by

paragraph 2 of Schedule 10,”
Schedule 2
85
Page 130, line 5, after “12” insert “, sections 15 and 16”
86
Page 133, line 7, leave out sub-paragraph (7)
87
Page 133, line 24, after “paragraphs” insert “A1 to A16 or”
88
Page 133, leave out lines 45 to 47
Schedule 3
89
Page 135, leave out lines 15 and 16 and insert—

    “(1)
Section 3 of the Diocesan Boards of Education Measure 1991

(transactions for which advice or consent of the Board is required) is

amended as follows.

      (2)
In subsection (1)—”
90
Page 135, line 37, at end insert—

    “(3)
After subsection (1) insert—

“(1A)
The governing body of a church school in England shall not,

unless it has obtained the consent in writing of the Board for the

diocese in which the school is situated, publish proposals under

section 19 of the 2006 Act—

(a)
where the school is a voluntary school, for a change of

category to foundation school, or

(b)
where the school is a foundation school, for a change in

the instrument of government which results in the

majority of governors being foundation governors.

(1B)
Subsection (1)(a)(i) does not apply in any case where by virtue of

subsection (1A) the consent of the Board is required.”

      (4)
In subsection (6), for “subsection (2)” substitute “subsection (1A) or (2)”.”
91
Page 137, line 10, after “10” insert “, 11”
92
Page 142, line 8, at end insert—

“27A
In section 82 of SSFA 1998 (modification of trust deeds), in subsection (1),

for “or the Education Act 2002” substitute “, the Education Act 2002 or

the Education and Inspections Act 2006”.”