|
|
| |
| | |
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| (e) | in the case of a foundation or voluntary school |
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| which has a religious character for the purposes of |
|
| Part 2, such body or person representing the religion |
|
| or religious denomination in question as may be |
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| |
|
37 | Page 31, leave out lines 46 to 48 and insert— |
|
| “(1) | Where in accordance with section 90(8) the admission authority for a |
|
| maintained school in England have revised any provisions of admission |
|
| arrangements for a school year, this section applies except to the extent that |
|
| the adjudicator or the Secretary of State determined under section |
|
| 90(5B)(bb), in relation to any change required, that this section was not to |
|
| |
38 | Page 32, line 4, at end insert— |
|
| ““the required number” means such number as may be prescribed or |
|
| such lesser number as is specified by the adjudicator or the |
|
| Secretary of State under section 90(5B)(bb) in relation to a particular |
|
| |
39 | Page 32, line 7, leave out “a prescribed” and insert “the required” |
|
|
40 | Page 32, line 45, after “otherwise” insert— |
|
| “(bb) | if, in relation to a maintained school in England, he considers that |
|
| any change required ought not to be protected under section 90A |
|
| for the number of school years prescribed under section 90A(2), that |
|
| section 90A is not to apply to that change or that the change will be |
|
| protected only for such lesser number of school years as he may |
|
| |
41 | Page 33, line 1, leave out “and (b)” and insert “, (b) and (bb)” |
|
|
42 | Insert the following new Clause— |
|
| | “Schools with pre-1998 arrangements for selection by ability or aptitude |
|
| (1) | Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) |
|
| |
| (2) | In subsection (1) for the words from “so long as” to the end of the |
|
| subsection substitute “so long as— |
|
| (a) | the proportion of selective admissions in any relevant age |
|
| group does not exceed the permitted proportion (as defined |
|
| |
| (b) | there is no significant change in the basis of selection.” |
|
| (3) | After subsection (1) insert— |
|
| “(1A) | In subsection (1)(a), “the permitted proportion”, in relation to any |
|
| relevant age group, means the lowest proportion of selective |
|
|
|
| |
| | |
|
| admissions provided for by the school’s admission arrangements at |
|
| any time since the beginning of the 1997-1998 school year.” ” |
|
|
43 | Page 38, line 29, leave out “subsection (2)” and insert “subsections (2) and (2A)” |
|
44 | Page 39, line 11, leave out “make” and insert “introduce” |
|
45 | Page 39, line 12, at end insert “(1) or” |
|
|
46 | Insert the following new Clause— |
|
| | “Right of sixth-form pupils to be excused from attendance at religious worship |
|
| (1) | Section 71 of SSFA 1998 (which, in relation to religious education and |
|
| attendance at religious worship, makes provision for exceptions and |
|
| special arrangements, and for special schools) is amended as follows. |
|
| (2) | For subsection (1) substitute— |
|
| “(1) | If the parent of a pupil at a community, foundation or voluntary |
|
| school requests that he may be wholly or partly excused from |
|
| receiving religious education given at the school in accordance with |
|
| the school’s basic curriculum, the pupil shall be so excused until the |
|
| |
| (1A) | If the parent of any pupil at a community, foundation or voluntary |
|
| school other than a sixth-form pupil requests that he may be wholly |
|
| or partly excused from attendance at religious worship at the |
|
| school, the pupil shall be so excused until the request is withdrawn. |
|
| (1B) | If a sixth-form pupil requests that he may be wholly or partly |
|
| excused from attendance at religious worship at a community, |
|
| foundation or voluntary school, the pupil shall be so excused.” |
|
| (3) | In subsection (2), for “subsection (1)” substitute “subsections (1) to (1B)”. |
|
| (4) | In subsection (3), after “subsection (1)” insert “or (1A)”. |
|
| (5) | In subsection (5), after “voluntary school” insert “and is not a sixth-form |
|
| |
| (6) | After subsection (5) insert— |
|
| “(5A) | Where a sixth-form pupil who is a boarder at a community, |
|
| foundation or voluntary school requests that he be permitted— |
|
| (a) | to receive religious education in accordance with the tenets |
|
| of a particular religion or religious denomination outside |
|
| |
| (b) | to attend worship in accordance with such tenets on |
|
| Sundays or other days exclusively set apart for religious |
|
| observance by the religious body to which the pupil |
|
| |
| | the governing body shall make arrangements for giving the pupil |
|
| reasonable opportunities for doing so.” |
|
|
|
| |
| | |
|
| (7) | In subsection (6), after “subsection (5)” insert “or (5A)”. |
|
| (8) | For subsection (7) substitute— |
|
| “(7) | Regulations shall make provision for ensuring that, so far as |
|
| practicable, every pupil attending a community or foundation |
|
| |
| (a) | receives religious education unless withdrawn from |
|
| receiving such education in accordance with the wishes of |
|
| |
| (b) | attends religious worship unless withdrawn from |
|
| attendance at such worship— |
|
| (i) | in the case of a sixth-form pupil, in accordance with |
|
| |
| (ii) | in any other case, in accordance with the wishes of |
|
| |
| (9) | After subsection (7) insert— |
|
| “(8) | In this section “sixth-form pupil” means any pupil who— |
|
| (a) | has ceased to be of compulsory school age, and |
|
| (b) | is receiving education suitable to the requirements of pupils |
|
| over compulsory school age.”” |
|
47 | Insert the following new Clause— |
|
| | “Charges for music tuition |
|
| (1) | In section 451 of EA 1996 (prohibition of charges for provision of education) |
|
| for subsection (3) substitute— |
|
| “(3) | Regulations may prescribe circumstances in which subsection (2) |
|
| does not apply in relation to tuition in singing or in playing a |
|
| |
| (2) | In section 456 of EA 1996 (regulation of permitted charges), in subsection |
|
| (6), after “tuition in” insert “singing or in”.” |
|
|
48 | Page 45, line 43, leave out “in relation to a voluntary aided school” |
|
49 | Page 45, line 44, at end insert— |
|
| “( ) | the local education authority, |
|
| ( ) | the governing body of the school,” |
|
50 | Page 46, line 1, after first “of” insert “a foundation or voluntary school which is” |
|
51 | Page 46, line 2, leave out from “authority” to end of line 3 and insert “, and |
|
| (b) | in the case of any other foundation or voluntary school, the person |
|
| or persons by whom the foundation governors are appointed.” |
|
|
52 | Page 46, line 45, leave out from “school” to end of line 46 and insert “the person or |
|
| persons by whom the foundation governors are appointed,” |
|
|
|
| |
| | |
|
|
53 | Page 56, line 8, leave out “and 11” and insert “, 11 and 11A” |
|
|
54 | Page 65, line 18, leave out “a sample of the” |
|
|
55 | Page 67, line 37, leave out “normal school hours” and insert “school sessions” |
|
|
56 | Page 68, line 5, leave out “normal school hours” and insert “school sessions” |
|
57 | Page 68, line 14, leave out “normal school hours” and insert “school sessions” |
|
58 | Page 68, line 19, at end insert— |
|
| “( ) | The additional conditions set out in subsection (3)(a), (c) and (d) do not |
|
| apply in the case of a detention during a break between school sessions on |
|
| |
|
59 | Page 75, line 30, leave out from “means” to end of line 31 and insert “any time |
|
| during a school session of the school referred to in subsection (1)(a) or during a |
|
| break between sessions of that school on the same day” |
|
|
60 | Insert the following new Clause— |
|
| | “Penalty notices: amendments of Police Reform Act 2002 |
|
| (1) | The Police Reform Act 2002 (c. 30) is amended as follows. |
|
| (2) | In paragraph 1(2) of Schedule 4 (powers of community support officers to |
|
| issue fixed penalty notices), after paragraph (aa) insert— |
|
| “(ab) | the power of a constable to give a penalty notice under |
|
| section 98 of the Education and Inspections Act 2006 |
|
| (penalty notice in respect of presence of excluded pupil in |
|
| |
| (3) | In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(aa)” insert “or |
|
| |
| (4) | In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed |
|
| penalty notices), after paragraph (ab) insert— |
|
| “(ac) | the power of a constable to give a penalty notice under |
|
| section 98 of the Education and Inspections Act 2006 |
|
| (penalty notice in respect of presence of excluded pupil in |
|
| |
| (5) | In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “or |
|
| |
|
|
| |
| | |
|
| (6) | In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “or |
|
| |
|
61 | Page 78, line 31, leave out from “means” to end of line 32 and insert “any time |
|
| during a school session of the school referred to in paragraph (b) of that subsection |
|
| or during a break between sessions of that school on the same day” |
|
|
62 | Insert the following new Clause— |
|
| | “Duty to report on contribution of certain schools to community cohesion |
|
| In section 5 of EA 2005 (duty to inspect certain schools in England at |
|
| particular intervals), in subsection (5) (which lists matters on which the |
|
| Chief Inspector is under a general duty to report)— |
|
| (a) | omit the word “and” at the end of paragraph (e), and |
|
| |
| “(g) | the contribution made by the school to community |
|
| |
|
63 | Page 104, line 14, leave out from beginning to “is” in line 15 and insert “Regulations |
|
| may enable the Chief Inspector to determine that a condition prescribed for the |
|
| purposes of subsection (2)(c) by virtue of subsection (3)” |
|
|
64 | Insert the following new Clause— |
|
| “Power of members of staff of further education institutions to use force |
|
| After section 85B of the Further and Higher Education Act 1992 (c. 13) |
|
| |
| “85C | Power of members of staff to use force |
|
| (1) | A member of the staff of an institution which is within the further |
|
| education sector may use such force as is reasonable in the |
|
| circumstances for the purpose of preventing a student at the |
|
| institution from doing (or continuing to do) any of the following, |
|
| |
| (a) | committing any offence, |
|
| (b) | causing personal injury to, or damage to the property of, |
|
| any person (including the student himself), or |
|
| (c) | prejudicing the maintenance of good order and discipline at |
|
| the institution or among any of its students, whether during |
|
| a teaching session or otherwise. |
|
| (2) | The power conferred by subsection (1) may be exercised only |
|
| |
|
|
| |
| | |
|
| (a) | the member of the staff and the student are on the premises |
|
| |
| (b) | they are elsewhere and the member of the staff has lawful |
|
| control or charge of the student. |
|
| (3) | Subsection (1) does not authorise anything to be done in relation to |
|
| a student which constitutes the giving of corporal punishment |
|
| within the meaning of section 548 of the Education Act 1996. |
|
| (4) | The powers conferred by subsection (1) are in addition to any |
|
| powers exercisable apart from this section and are not to be |
|
| construed as restricting what may lawfully be done apart from this |
|
| |
| (5) | In this section, “member of the staff”, in relation to an institution |
|
| within the further education sector, means any person who works |
|
| at that institution whether or not as its employee.”” |
|
|
65 | Insert the following new Clause— |
|
| | “Consultation with young pupils |
|
| In section 176 of EA 2002 (consultation with pupils), in subsection (3)— |
|
| (a) | in the definition of “maintained school”, for “or a community or |
|
| foundation special school” substitute “, a community or foundation |
|
| special school or a maintained nursery school”, and |
|
| (b) | omit the definition of “pupil” (which excludes children who are |
|
| being provided with nursery education).” |
|
|
66 | Insert the following new Clause— |
|
| “Prohibition on participation in management of independent school |
|
| After section 167 of EA 2002 insert— |
|
| “Prohibition on participation in management of independent schools |
|
| 167A | Prohibition on participation in management of independent |
|
| |
| (1) | The appropriate authority may direct that a person— |
|
| (a) | may not take part in the management of an independent |
|
| |
| (b) | may take part in the management of an independent school |
|
| only in circumstances specified in the direction; |
|
| (c) | may take part in the management of an independent school |
|
| only if conditions specified in the direction are satisfied. |
|
| (2) | A direction under this section may be given in respect of a person |
|
| only on one or more prescribed grounds connected with the |
|
| suitability of persons to take part in the management of an |
|
| |
|
|
| |
| | |
|
| (3) | Regulations may prescribe the procedure for giving a direction |
|
| under this section (including provision about notification of |
|
| persons who are subject to directions). |
|
| (4) | The appropriate authority may vary or revoke a direction under |
|
| this section in prescribed cases. |
|
| (5) | Regulations may prescribe the grounds on which a person subject |
|
| to a direction under this section may seek to have it varied or |
|
| revoked under subsection (4). |
|
| (6) | In this section and sections 167B to 167D, “appropriate authority” |
|
| |
| (a) | in relation to England, the registration authority or such |
|
| other public authority as may be prescribed; |
|
| (b) | in relation to Wales, the registration authority or such other |
|
| public authority as may be prescribed. |
|
| 167B | Directions under section 167A: appeals |
|
| (1) | A person in respect of whom a direction has been given under |
|
| section 167A may appeal to the Tribunal established under section |
|
| 9 of the Protection of Children Act 1999— |
|
| (a) | against the decision to give the direction; |
|
| (b) | against a decision not to vary or revoke the direction. |
|
| |
| (a) | provide that the Tribunal may not entertain an appeal under |
|
| this section insofar as the appellant’s case is inconsistent |
|
| with his having been convicted of an offence; |
|
| (b) | prescribe circumstances in which the Tribunal shall allow |
|
| an appeal under this section; |
|
| (c) | prescribe the powers available to the Tribunal on allowing |
|
| an appeal under this section. |
|
| 167C | Directions under section 167A: information |
|
| (1) | The Secretary of State may provide to the appropriate authority any |
|
| information relating to a person which is held by the Secretary of |
|
| State in connection with his functions— |
|
| (a) | under the Protection of Children Act 1999, except section 9 |
|
| |
| (b) | under Part 7 of the Care Standards Act 2000; |
|
| (c) | under sections 142 to 144 of this Act; |
|
| (d) | as registration authority under this Part. |
|
| (2) | The National Assembly for Wales may provide to the appropriate |
|
| authority any information relating to a person which is held by the |
|
| Assembly in connection with its functions as registration authority |
|
| |
| (3) | The Independent Barring Board may provide to the appropriate |
|
| authority any information relating to a person which is held by the |
|
| Board in connection with its functions and which appears to it to be |
|
| relevant to the exercise by the appropriate authority of its functions |
|
| under sections 167A to 167C. |
|
|