06238.7-13

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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(e)
in the case of a foundation or voluntary school

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

prescribed.” ”
Clause 42
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

apply.”
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

change.”
39
Page 32, line 7, leave out “a prescribed” and insert “the required”
Clause 43
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

specify,”
41
Page 33, line 1, leave out “and (b)” and insert “, (b) and (bb)”
After Clause 48
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)

is amended as follows.

(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

by subsection (1A)), and

(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

8

admissions provided for by the school’s admission arrangements at

any time since the beginning of the 1997-1998 school year.” ”
Clause 49
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”
Before Clause 50
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

request is withdrawn.

(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

pupil”.

(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

school hours, or

(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

belongs,


the governing body shall make arrangements for giving the pupil

reasonable opportunities for doing so.”

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(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

special school—

(a)
receives religious education unless withdrawn from

receiving such education in accordance with the wishes of

his parent, and

(b)
attends religious worship unless withdrawn from

attendance at such worship—

(i)
in the case of a sixth-form pupil, in accordance with

his own wishes, and

(ii)
in any other case, in accordance with the wishes of

his parent.”

(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

musical instrument.”

(2)
In section 456 of EA 1996 (regulation of permitted charges), in subsection

(6), after “tuition in” insert “singing or in”.”
Clause 60
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.”
Clause 61
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,”

10

Clause 70
53
Page 56, line 8, leave out “and 11” and insert “, 11 and 11A”
Clause 81
54
Page 65, line 18, leave out “a sample of the”
Clause 84
55
Page 67, line 37, leave out “normal school hours” and insert “school sessions”
Clause 85
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

the same day.”
Clause 96
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”
After Clause 99
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

public place);”.

(3)
In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(aa)” insert “or

(ab)”.

(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

public place);”.

(5)
In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “or

(ac)”.

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(6)
In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “or

(ac)”.”
Clause 100
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”
Before Clause 146
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

(b)
at the end insert—

“(g)
the contribution made by the school to community

cohesion.””
Clause 151
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)”
After Clause 155
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)

insert—

“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,

namely—

(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

where—

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(a)
the member of the staff and the student are on the premises

of the institution, or

(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

section.

(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.””
After Clause 156
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).”
After Clause 157
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

schools

(1)
The appropriate authority may direct that a person—

(a)
may not take part in the management of an independent

school;

(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

independent school.

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(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”

means—

(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.

(2)
Regulations may—

(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

(the Tribunal);

(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

under this Part.

(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.