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29

 
 

  “( )  

In determining whether to make an application to the

 

adjudicator under sub-paragraph (13)(a), a relevant person

 

must have regard, in particular, to any guidance given from

 

time to time by the Secretary of State.

 

      ( )  

Sub-paragraph (11) applies in relation to the making of a

 

further order by virtue of sub-paragraph (13) as it applies in

 

relation to the making of the original transfer order.”

203

Page 178, line 6, at end insert—

 

    “( )  

In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute

 

“established otherwise than under this Act”.”

204

Page 182, line 31, leave out “falling within sub-paragraph (2)” and insert “to which

 

section 23A (requirements as to foundations) applies”

205

Page 182, leave out lines 33 to 40

206

Page 183, line 17, leave out “the school or schools falling within sub-paragraph (2)”

 

and insert “one or more foundation or foundation special schools to which section

 

23A applies”

207

Page 183, line 32, leave out “and”

208

Page 183, line 34, at end insert “and for the purpose of sub-paragraph (1) section

 

23A is to be taken to apply to the proposed school if it would apply to the school

 

when it is established”

209

Page 183, line 40, leave out ““A26,”” and insert ““A6A, A13A, A20A, A26,””

210

Page 184, line 14, at end insert—

 

    “( )  

In sub-paragraph (4) for the words from “, either by agreement” to the

 

end substitute “—

 

(a)    

by agreement between the authority and the relevant

 

body, or

 

(b)    

by the adjudicator where—

 

(i)    

the authority or the relevant body refer the

 

matter to him for determination, and

 

(ii)    

by the time of his determination, the matter has

 

not been determined by agreement between the

 

authority and the relevant body.””

211

Page 184, line 14, at end insert—

 

    “( )  

After sub-paragraph (4) insert—

 

“(4A)  

In determining whether to make a reference to the adjudicator

 

under sub-paragraph (4)(b), the authority or, as the case may

 

be, the relevant body, must have regard, in particular, to any

 

guidance given from time to time by the Secretary of State.

 

    (4B)  

Before making a reference to the adjudicator under sub-

 

paragraph (4)(b), the authority or, as the case may be, the

 

relevant body, must give the other notice of their intention to

 

make the reference.””

212

Page 184, line 14, at end insert—

 

    “( )  

In sub-paragraph (5)—


 
 

30

 
 

(a)    

for “Secretary of State” substitute “adjudicator”, and

 

(b)    

after “particular” insert “to any guidance given from time to time

 

by the Secretary of State and”.”

213

Page 184, line 14, at end insert—

 

    “( )  

After sub-paragraph (5) insert—

 

“(5A)  

A determination made by the adjudicator on a reference made

 

to him under sub-paragraph (4)(b) may be varied or revoked

 

by a further determination made by him if—

 

(a)    

the matter is referred to him by the local education

 

authority or the relevant body, and

 

(b)    

before making the further determination, the

 

adjudicator consults such persons as he considers

 

appropriate.

 

    (5B)  

In determining whether to make a reference to the adjudicator

 

under sub-paragraph (5A)(a), the local education authority or

 

the relevant body must have regard, in particular, to any

 

guidance given from time to time by the Secretary of State.

 

    (5C)  

Sub-paragraph (5) applies in relation to the further

 

determination of any matter by the adjudicator, by virtue of

 

sub-paragraph (5A), as it applies in relation to the original

 

determination of the matter.””

214

Page 185, line 21, after “apply” insert “(a)”

215

Page 185, line 22, at end insert “, or

 

(b)    

to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals

 

on discontinuance) applies”.”

216

Page 185, leave out lines 27 and 28 and insert—

 

“(c)    

for “falling within subsection (1)” substitute “which falls within

 

subsection (1) or is excluded from that subsection by subsection

 

(2B)(a) or (b)”.”

217

Page 186, line 7, leave out from “2,” to end of line 10 and insert “in sub-paragraph

 

(10), after “paragraphs” insert “A1 to A18 or”.”

Schedule 8

218

Page 203, line 18, at end insert—

 

“11A      

A child falls within this paragraph if—

 

(a)    

he has attained the age of 11,

 

(b)    

he is a registered pupil at a qualifying school which is more than

 

two miles, but not more than fifteen miles, from his home,

 

(c)    

his parent has expressed a wish, based on the parent’s religion or

 

belief, for him to be provided with education at that school,

 

(d)    

having regard to the religion or belief on which the parent’s wish

 

is based, there is no suitable qualifying school which is nearer to

 

the child’s home, and

 

(e)    

the appropriate condition is met in relation to him.”

219

Page 204, line 16, at end insert—


 
 

31

 
 

    “( )  

“Religion” and “belief” are to be read in accordance with section

 

509AD(3).”

Schedule 9

220

Page 206, line 40, after “11” insert “, 11A”

221

Page 206, line 45, leave out “and 11” and insert “, 11 and 11A”

Schedule 10

222

Page 210, line 34, leave out sub-paragraphs (2) and (3) and insert—

 

    “( )  

In subsection (1) after “London local service” insert “nor a service which

 

falls within subsection (1A) below”.

 

      ( )  

After subsection (1) insert—

 

“(1A)    

A service falls within this subsection if conditions A and B are

 

satisfied in relation to it.

 

(1B)    

Condition A is satisfied if the service is provided in pursuance

 

of—

 

(a)    

the obligation placed on a local education authority by

 

section 508B(1), section 508F(1), section 509(1) or (1A), or

 

section 509AA(7)(b) or (9)(a) of the Education Act 1996

 

(provision of transport etc);

 

(b)    

the exercise of the power of a local education authority

 

under section 508C(1) of that Act; or

 

(c)    

arrangements made by a local education authority in

 

pursuance of a scheme made by them under Schedule

 

35C to that Act (school travel schemes).

 

(1C)    

Condition B is satisfied if the service is for the carriage of any of

 

the following persons (and no other)—

 

(a)    

a person receiving education or training at premises to or

 

from which transport is provided in pursuance of the

 

obligation, the exercise of the power or the arrangements,

 

as the case may be, mentioned in paragraph (a), (b) or (c)

 

of subsection (1B);

 

(b)    

a person supervising or escorting any such person while

 

he is using such transport;

 

(c)    

a person involved with the provision of education or

 

training at any such premises.””

Schedule 13

223

Page 219, leave out lines 19 and 20 and insert—

 

    “(1)  

In this Schedule references to inspection authorities are to be read in

 

accordance with sub-paragraph (1A) or (1B), as the case may be.

 

    (1A)  

For the purposes of paragraph 4 or 5 the inspection authorities are—

 

( )    

Her Majesty’s Chief Inspector of Prisons,

 

( )    

Her Majesty’s Chief Inspector of Constabulary,

 

( )    

Her Majesty’s Chief Inspector of the Crown Prosecution Service,


 
 

32

 
 

( )    

Her Majesty’s Chief Inspector of the National Probation Service

 

for England and Wales,

 

( )    

Her Majesty’s Chief Inspector of Court Administration,”

224

Page 219, line 24, at end insert—

 

  “(1B)  

For the purposes of paragraph 6 the inspection authorities are—

 

( )    

Her Majesty’s Chief Inspector of Prisons,

 

( )    

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

 

England and Wales,

 

( )    

Her Majesty’s Inspectorate of Court Administration, and

 

( )    

the bodies mentioned in sub-paragraph (1A)(b) to (d).”

225

Page 219, line 25, leave out sub-paragraph (2)

Schedule 14

226

Page 232, line 4, at end insert—

 

“Courts Act 2003 (c. 39)

 

            

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

 

Chancellor.”

 

      (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

 

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)

 

substitute—

 

“(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

 

his functions.””

227

Page 232, line 24, at end insert—

 

            

“For section 96 substitute—


 
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