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| | Thursday 7th February 2008 |
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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | Education and Skills Bill
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [22nd January]. |
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| | | Another Amendment (No. 10) proposed, in page 2, line 41, to leave out ‘20’ and insert |
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| | | Question proposed, That the Amendment be made. |
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| | Clause 5, page 3, line 19, leave out from ‘week’ to ‘and’ in line 20. |
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| | Clause 5, page 3, line 23, at end insert— |
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| | | ‘( ) | Section 234 of the Employment Rights Act 1996 (c. 18) (construction of |
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| | | references to normal working hours where employee entitled to overtime pay) |
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| | | applies for the purposes of the definition of “normal weekly working hours” in |
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| | | subsection (4) as it applies for the purposes of that Act.’. |
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| | Clause 6, page 3, line 45, leave out from ‘Part’ to end of line 46 and insert ‘training |
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| | or education in relation to any person to whom this Part applies shall be regarded as |
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| | “relevant” if and only if, it is either— |
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| | | (a) | training or education towards an accredited qualification provided by a |
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| | | (b) | training or education which, if the person concerned were participating in |
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| | | full time education or training, would be considered appropriate having |
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| | | regard to the person’s age, ability and aptitude and any learning |
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| | | difficulties which the person may have.’. |
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| | Clause 6, page 3, line 46, at end insert— |
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| | | ‘(1A) | In-house training provided by employers is regarded as “relevant training or |
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| | | education” for the purposes of this Part’. |
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| | Clause 6, page 3, line 46, at end insert— |
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| | | ‘( ) | The Secretary of State may specify by order other non-formal education or |
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| | | training that will be regarded as “relevant training or education” for the purposes |
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| | Clause 6, page 4, line 1, after ‘means’, insert— |
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| | | ‘(a) | the iGCSE and Cambridge Assessment Pre-U qualifications; and |
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| | Page 3, line 44, leave out Clause 6. |
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| | Page 4, line 5, leave out Clause 7. |
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| | Page 4, line 19, leave out Clause 8. |
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| | Page 5, line 7, leave out Clause 9. |
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| | Clause 10, page 5, line 32, leave out from ‘must’ to ‘persons’ in line 34 and insert |
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| | ‘secure a sufficient and appropriate supply of provision for’. |
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| | Clause 10, page 5, line 35, leave out from ‘applies’ to end of line 36. |
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| | Clause 10, page 5, line 35, leave out ‘fulfil the duty imposed’ and insert ‘exercise |
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| | Clause 10, page 5, line 36, at end add— |
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| | | ‘(2) | In exercising its functions in subsection (1), a local authority must ensure that it |
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| | | promotes the effective participation of persons belonging to its area to whom this |
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| | | Part applies and who have special educational needs.’. |
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| | Clause 10, page 5, line 36, at end add— |
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| | | ‘(2) | The local authority shall have the power to grant a waiver from the duty imposed |
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| | | by section 2 where it believes that this would not be in the best interests of the |
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| | Clause 10, page 5, line 36, at end add— |
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| | | ‘(2) | Each local authority shall conduct an annual audit into the sufficiency and |
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| | | diversity of educational provision to assess its adequacy for fulfilling its functions |
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| | Clause 10, page 5, line 36, at end insert— |
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| | | ‘(2) | In subsection (2) of section 47 of the Schools Standards and Framework Act 1998 |
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| | | (Determination of school’s budget share), after paragraph (g) insert— |
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| | | “(h) | requiring local education authorities to have regard, in |
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| | | determining the resources required for each school and college |
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| | | maintained by them, to the duty imposed on such authorities by |
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| | | section 10 of the Education and Skills Act 2008.”’. |
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| | Clause 11, page 6, line 8, at end insert— |
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| | | (f) | a city technology college, |
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| | | (g) | a city college for the technology of the arts, and |
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| | | (h) | special schools which are not community or foundation special schools |
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| | | but are for the time being approved by the Secretary of State under |
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| | | section 342 of the Education Act 1996 (c. 56) (approval of special |
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| | Clause 12, page 6, line 22, leave out ‘failing to fulfil the duty imposed’ and insert |
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| | ‘not exercising the right conferred’. |
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| | Page 6, line 18, leave out Clause 12. |
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| | Clause 13, page 6, line 34, leave out ‘failing to fulfil the duty imposed’ and insert |
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| | ‘not exercising the right conferred’. |
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| | Clause 13, page 6, line 37, at end insert— |
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| | | ‘(1A) | Where a local education authority— |
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| | | (a) | itself provides services in exercise of its functions under section 54(1), |
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| | | (b) | receives a notice under subsection (1) relating to a person to whom this |
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| | | Part applies who belongs to the area of another local education authority, |
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| | | | it must as soon as reasonably practicable give notice to the service provider for |
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| | | the other local education authority of the circumstances notified to it under |
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| | | (1B) | Subsection (1C) applies where, in exercise of its functions under section 54(3)(b), |
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| | | a local education authority makes arrangements with another person (“the |
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| | | provider”) for the provision of services. |
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| | | (1C) | The arrangements must secure that, as soon as reasonably practicable after |
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| | | receiving a notice under subsection (1) relating to a person to whom this Part |
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| | | applies who belongs to the area of another local education authority, the provider |
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| | | gives notice to the service provider for the other local education authority of the |
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| | | circumstances notified to the provider under subsection (1).’. |
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| | Clause 13, page 7, line 16, after ‘authority’ insert ‘itself’. |
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| | Clause 13, page 7, line 17, after ‘under’ insert ‘subsection (1) of’. |
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| | Clause 13, page 7, line 18, leave out ‘those functions’ and insert ‘its functions |
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| | under subsection (3)(b) of that section’. |
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| | Clause 13, page 7, line 19, leave out ‘such’. |
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| | Clause 14, page 7, line 29, after ‘authority’, insert ‘provided that the relevant pupil |
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| | or student has given written consent for the information to be provided.’. |
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| | Clause 14, page 7, line 36, at end insert— |
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| | | ‘(3A) | Any pupil or student to whom subsection (1) applies shall have the right to |
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| | | examine any relevant information requested by a local authority before that |
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| | | information is provided by the responsible person to the authority.’. |
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| | Clause 14, page 7, line 36, at end insert— |
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| | | ‘(3A) | Any pupil or student to whom subsection (1) applies shall be given the |
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| | | opportunity to correct any relevant information regarded by him as inaccurate, |
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| | | subject to the agreement of the responsible person. |
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| | | (3B) | For the purposes of subsection (3A), when agreement cannot be reached between |
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| | | the pupil or student and the responsible person the Information Commissioner |
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| | | shall decide what correction, if any, should be made to the relevant information.’. |
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| | Clause 14, page 7, line 36, at end insert ‘which is relevant to assessing their |
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| | educational and support needs.’. |
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| | Clause 14, page 7, line 37, leave out subsection (4). |
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| | Clause 14, page 7, line 43, leave out ‘instructed the responsible person not’ and |
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| | insert ‘not given written consent to the responsible person’. |
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| | Clause 57, page 30, line 34, at beginning insert ‘Subject to the written consent of |
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| | Clause 57, page 30, line 37, at end insert ‘to the extent that fulfilling such duty |
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| | conforms to Article 8 of the European Convention on Human Rights.’. |
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| | Clause 15, page 8, line 4, at end insert— |
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| | | ‘(1A) | Information may only be supplied under subsection (1) if the Secretary of State |
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| | | regards the provision of the information to be proportionate to the aims of the |
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| | | local education authority in the exercise of its functions under this Part.’. |
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| | Clause 15, page 8, line 4, at end insert— |
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| | | ‘(1A) | Information may only be supplied under subsection (1) if the local education |
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| | | authority requesting the information regards the provision of the information to |
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| | | be proportionate to the aims of the local education authority in the exercise of its |
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| | | functions under this Part.’. |
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