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| | |
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| “( ) | In determining whether to make an application to the |
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| adjudicator under sub-paragraph (13)(a), a relevant person |
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| must have regard, in particular, to any guidance given from |
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| time to time by the Secretary of State. |
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| ( ) | Sub-paragraph (11) applies in relation to the making of a |
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| further order by virtue of sub-paragraph (13) as it applies in |
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| relation to the making of the original transfer order.” |
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203 | Page 178, line 6, at end insert— |
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| “( ) | In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute |
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| “established otherwise than under this Act”.” |
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204 | Page 182, line 31, leave out “falling within sub-paragraph (2)” and insert “to which |
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| section 23A (requirements as to foundations) applies” |
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205 | Page 182, leave out lines 33 to 40 |
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206 | Page 183, line 17, leave out “the school or schools falling within sub-paragraph (2)” |
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| and insert “one or more foundation or foundation special schools to which section |
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| |
207 | Page 183, line 32, leave out “and” |
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208 | Page 183, line 34, at end insert “and for the purpose of sub-paragraph (1) section |
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| 23A is to be taken to apply to the proposed school if it would apply to the school |
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| |
209 | Page 183, line 40, leave out ““A26,”” and insert ““A6A, A13A, A20A, A26,”” |
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210 | Page 184, line 14, at end insert— |
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| “( ) | In sub-paragraph (4) for the words from “, either by agreement” to the |
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| |
| (a) | by agreement between the authority and the relevant |
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| |
| (b) | by the adjudicator where— |
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| (i) | the authority or the relevant body refer the |
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| matter to him for determination, and |
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| (ii) | by the time of his determination, the matter has |
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| not been determined by agreement between the |
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| authority and the relevant body.”” |
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211 | Page 184, line 14, at end insert— |
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| “( ) | After sub-paragraph (4) insert— |
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| “(4A) | In determining whether to make a reference to the adjudicator |
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| under sub-paragraph (4)(b), the authority or, as the case may |
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| be, the relevant body, must have regard, in particular, to any |
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| guidance given from time to time by the Secretary of State. |
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| (4B) | Before making a reference to the adjudicator under sub- |
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| paragraph (4)(b), the authority or, as the case may be, the |
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| relevant body, must give the other notice of their intention to |
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| |
212 | Page 184, line 14, at end insert— |
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| “( ) | In sub-paragraph (5)— |
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| |
| | |
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| (a) | for “Secretary of State” substitute “adjudicator”, and |
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| (b) | after “particular” insert “to any guidance given from time to time |
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| by the Secretary of State and”.” |
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213 | Page 184, line 14, at end insert— |
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| “( ) | After sub-paragraph (5) insert— |
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| “(5A) | A determination made by the adjudicator on a reference made |
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| to him under sub-paragraph (4)(b) may be varied or revoked |
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| by a further determination made by him if— |
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| (a) | the matter is referred to him by the local education |
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| authority or the relevant body, and |
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| (b) | before making the further determination, the |
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| adjudicator consults such persons as he considers |
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| |
| (5B) | In determining whether to make a reference to the adjudicator |
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| under sub-paragraph (5A)(a), the local education authority or |
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| the relevant body must have regard, in particular, to any |
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| guidance given from time to time by the Secretary of State. |
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| (5C) | Sub-paragraph (5) applies in relation to the further |
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| determination of any matter by the adjudicator, by virtue of |
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| sub-paragraph (5A), as it applies in relation to the original |
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| determination of the matter.”” |
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214 | Page 185, line 21, after “apply” insert “(a)” |
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215 | Page 185, line 22, at end insert “, or |
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| (b) | to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals |
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| on discontinuance) applies”.” |
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216 | Page 185, leave out lines 27 and 28 and insert— |
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| “(c) | for “falling within subsection (1)” substitute “which falls within |
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| subsection (1) or is excluded from that subsection by subsection |
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| |
217 | Page 186, line 7, leave out from “2,” to end of line 10 and insert “in sub-paragraph |
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| (10), after “paragraphs” insert “A1 to A18 or”.” |
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218 | Page 203, line 18, at end insert— |
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| “11A | A child falls within this paragraph if— |
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| (a) | he has attained the age of 11, |
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| (b) | he is a registered pupil at a qualifying school which is more than |
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| two miles, but not more than fifteen miles, from his home, |
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| (c) | his parent has expressed a wish, based on the parent’s religion or |
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| belief, for him to be provided with education at that school, |
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| (d) | having regard to the religion or belief on which the parent’s wish |
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| is based, there is no suitable qualifying school which is nearer to |
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| |
| (e) | the appropriate condition is met in relation to him.” |
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219 | Page 204, line 16, at end insert— |
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| |
| | |
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| “( ) | “Religion” and “belief” are to be read in accordance with section |
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| |
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220 | Page 206, line 40, after “11” insert “, 11A” |
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221 | Page 206, line 45, leave out “and 11” and insert “, 11 and 11A” |
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|
222 | Page 210, line 34, leave out sub-paragraphs (2) and (3) and insert— |
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| “( ) | In subsection (1) after “London local service” insert “nor a service which |
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| falls within subsection (1A) below”. |
|
| ( ) | After subsection (1) insert— |
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| “(1A) | A service falls within this subsection if conditions A and B are |
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| satisfied in relation to it. |
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| (1B) | Condition A is satisfied if the service is provided in pursuance |
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| |
| (a) | the obligation placed on a local education authority by |
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| section 508B(1), section 508F(1), section 509(1) or (1A), or |
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| section 509AA(7)(b) or (9)(a) of the Education Act 1996 |
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| (provision of transport etc); |
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| (b) | the exercise of the power of a local education authority |
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| under section 508C(1) of that Act; or |
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| (c) | arrangements made by a local education authority in |
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| pursuance of a scheme made by them under Schedule |
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| 35C to that Act (school travel schemes). |
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| (1C) | Condition B is satisfied if the service is for the carriage of any of |
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| the following persons (and no other)— |
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| (a) | a person receiving education or training at premises to or |
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| from which transport is provided in pursuance of the |
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| obligation, the exercise of the power or the arrangements, |
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| as the case may be, mentioned in paragraph (a), (b) or (c) |
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| |
| (b) | a person supervising or escorting any such person while |
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| he is using such transport; |
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| (c) | a person involved with the provision of education or |
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| training at any such premises.”” |
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|
223 | Page 219, leave out lines 19 and 20 and insert— |
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| “(1) | In this Schedule references to inspection authorities are to be read in |
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| accordance with sub-paragraph (1A) or (1B), as the case may be. |
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| (1A) | For the purposes of paragraph 4 or 5 the inspection authorities are— |
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| ( ) | Her Majesty’s Chief Inspector of Prisons, |
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| ( ) | Her Majesty’s Chief Inspector of Constabulary, |
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| ( ) | Her Majesty’s Chief Inspector of the Crown Prosecution Service, |
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|
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| |
| | |
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| ( ) | Her Majesty’s Chief Inspector of the National Probation Service |
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| |
| ( ) | Her Majesty’s Chief Inspector of Court Administration,” |
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224 | Page 219, line 24, at end insert— |
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| “(1B) | For the purposes of paragraph 6 the inspection authorities are— |
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| ( ) | Her Majesty’s Chief Inspector of Prisons, |
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| ( ) | Her Majesty’s Inspectors of Constabulary, |
|
| ( ) | Her Majesty’s Chief Inspector of the Crown Prosecution Service, |
|
| ( ) | Her Majesty’s Inspectorate of the National Probation Service for |
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| |
| ( ) | Her Majesty’s Inspectorate of Court Administration, and |
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| ( ) | the bodies mentioned in sub-paragraph (1A)(b) to (d).” |
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225 | Page 219, line 25, leave out sub-paragraph (2) |
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|
226 | Page 232, line 4, at end insert— |
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| |
| | The Courts Act 2003 has effect subject to the following amendments. |
|
| | In section 58 (inspectors of court administration etc.) omit subsection (6). |
|
| (1) | Section 59 (functions of inspectors) is amended as follows. |
|
| (2) | In subsection (1) for paragraphs (b) and (c) substitute— |
|
| “(b) | discharge any other particular functions which may be |
|
| specified in connection with the courts listed in |
|
| subsection (2) in a direction given by the Lord |
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| |
| (3) | In subsection (4) for the words from “subsection (1)(c)(i)” to “subsection |
|
| (1)(c)(ii),” substitute “subsection (1)(b),”. |
|
| | In section 60 (functions of Chief Inspector) for subsection (4) substitute— |
|
| “(4) | The Chief Inspector must report to the Lord Chancellor on any |
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| matter which the Lord Chancellor refers to him and which is |
|
| connected with the courts listed in section 59(2).” |
|
| | In section 61 (rights of entry and inspection) for subsections (1) and (2) |
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| |
| “(1) | An inspector exercising functions under section 59 may enter any |
|
| place of work occupied by persons provided under a contract |
|
| made by the Lord Chancellor by virtue of section 2(4). |
|
| (2) | An inspector exercising functions under section 59 may inspect |
|
| and take copies of any records kept by persons provided under |
|
| such a contract which he considers relevant to the discharge of |
|
| |
227 | Page 232, line 24, at end insert— |
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| | “For section 96 substitute— |
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|