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| Thursday 21st February 2008 |
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| For other Amendment(s) see the following page(s):
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| Education and Skills Bill Committee 353-73 |
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| Education and Skills Bill |
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| | That certain written evidence already reported to the House be appended to the |
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| | proceedings of the Committee. |
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| Clause 66, page 37, line 16, at end insert— |
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| | ‘(c) | any such advice must challenge gender stereotypes.’. |
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| Clause 115, page 64, line 29, leave out ‘in connection with the Secretary of State’s |
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| Clause 143, page 81, line 25, after ‘section’ insert ‘(Sixth form admissions etc), |
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| (Sixth form admissions etc: appeals) or’. |
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| Clause 149, page 83, line 21, at end insert— |
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| | ‘( ) | paragraph 30A of Schedule 1.’. |
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| Clause 149, page 83, line 24, after ‘provisions’ insert ‘, so far as they apply in |
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| Clause 149, page 83, line 25, at end insert— |
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| | ‘( ) | sections (Sixth form admissions etc), (Sixth form admissions etc: |
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| | appeals) and (Meaning of “sixth form education” etc);’. |
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| Clause 149, page 83, line 26, leave out from ‘138’ to end of line 35. |
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| Clause 149, page 83, line 36, leave out from ‘141’ to end. |
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| Clause 149, page 83, line 36, at end insert— |
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| | ‘( ) | paragraphs 26A to 26G of Schedule 1 (and section 145 so far as relating |
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| | ( ) | the repeals and revocations in Schedule 2 so far as relating to— |
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| | (i) | sections 86 and 94 of the School Standards and Framework Act |
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| | (ii) | section 99(4) of the Learning and Skills Act 2000 (c. 21), |
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| | (iii) | Schedules 4 and 17 to the Education Act 2002 (c. 32), |
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| | (iv) | paragraphs 19 and 20 of Schedule 1 to the Qualifications, |
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| | Curriculum and Assessment Authority for Wales (Transfer of |
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| | Functions to the National Assembly for Wales and Abolition) |
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| | Order 2005 (S.I. 2005/3239), |
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| | | (and section 145 so far as relating to those repeals and revocations).’. |
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| Schedule 1, page 85, line 5, at end insert— |
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| | ‘Children Act 1989 (c. 41) |
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| | | The Children Act 1989 (c. 41) is amended as follows. |
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| | (1) | Section 87 (welfare of children in boarding schools and colleges) is amended |
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| | (a) | in the opening words for “or” substitute “in England other than an |
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| | independent educational institution or by a”; |
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| | (b) | in paragraph (a) omit “an independent school or”. |
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| | (3) | In subsection (10) after the definition of “further education corporation” |
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| | ““independent educational institution” has the same meaning as in |
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| | Chapter 1 of Part 4 of the Education and Skills Act 2008;”. |
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| | (1) | Section 87B(2) (duties of inspectors under section 87A) is amended as follows. |
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| | (2) | In paragraph (a) for “an independent school” substitute “an independent |
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| | educational institution in England, an independent school in Wales”. |
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| | (3) | After that paragraph insert— |
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| | “(aa) | in the case of a school that is an independent educational |
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| | institution in England, to the Chief Inspector for England;”.’. |
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| Schedule 1, page 85, line 8, leave out paragraph 2 and insert— |
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| | ‘ (1) | Section 28D (accessibility strategies and plans) is amended as follows. |
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| | (2) | In subsection (7) for paragraph (c) substitute— |
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| | “(c) | schools approved under section 342 of the Education Act |
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| | 1996 (non-maintained special schools).” |
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| | (3) | In subsection (13) after “Education Act 2005” insert “or Chapter 1 of Part 4 of |
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| | the Education and Skills Act 2008 (regulation and inspection of independent |
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| | educational provision in England)”. |
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| | (1) | In section 28E (accessibility strategies and plans: procedure) is amended as |
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| | (a) | omit paragraph (b) and the word “or” preceding it; |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | If Her Majesty’s Chief Inspector of Education, Children’s Services |
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| | and Skills asks for a copy of the accessibility plan prepared by the |
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| | proprietor of an independent school (other than an Academy) in |
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| | England, the plan must be given to him.”’. |
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| Schedule 1, page 86, line 3, at end insert— |
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| | | In section 113BA of the Police Act 1997 (suitability information relating to |
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| | children), in subsection (2)(e)— |
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| | (a) | after “under” insert “section 113 of the Education and Skills Act 2008 |
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| | (prohibition on participation in management of independent |
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| | educational institution in England) or”; |
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| | (b) | after “school” insert “in Wales”.’. |
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| Schedule 1, page 86, line 5, leave out paragraph 10 and insert— |
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| | ‘ (1) | Section 9(2) of the Protection of Children Act 1999 (the Tribunal) is amended |
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| | (2) | After paragraph (c) insert— |
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| | “(cb) | on an appeal by virtue of section 342B or 342C of the |
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| | (3) | After paragraph (g) insert— |
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| | “(h) | on an appeal under Chapter 1 of Part 4 of the Education and |
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| Schedule 1, page 86, line 21, at end insert— |
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| | ‘ | In section 157 (independent school standards) omit subsections (1A) and |
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| Schedule 1, page 86, line 22, at end insert ‘, and |
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| | (b) | in subsection (3), for “the National Assembly for Wales” substitute |
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| | | Omit sections 162A and 162B (inspection of registered schools in England). |
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| | | In section 163 (power to inspect registered schools in Wales)— |
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| | (a) | in the title, omit “in Wales”, |
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| | (b) | in subsection (1)(a), omit “for Wales” and “in Wales”, and |
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| | (c) | in subsection (5), omit the definition of “the Chief Inspector for |
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| | | In section 164 (inspections under section 163: supplementary) omit “for |
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| | Wales” in subsections (1), (2)(a) (in both places), (3), (4), (9), (11) and (12). |
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| | | In section 165(1)(a) (failure to meet standards) omit “162A or”. |
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| | | In section 167A (prohibition on participation in management of independent |
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| | (a) | omit subsection (6)(a), and |
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| | (b) | in subsection (6)(b) omit “in relation to Wales,”. |
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| | | For sections 167C and 167D (information and notification in relation to |
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| | directions under section 167A) substitute— |
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| | “167C | Directions under section 167A: information |
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| | (1) | Where the appropriate authority is a public authority other than the |
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| | Chief Inspector, the Chief Inspector may provide to that authority any |
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| | information relating to a person which is held by the Chief Inspector |
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| | in connection with the Chief Inspector’s functions under this Chapter. |
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| | (2) | HMCI may provide to the appropriate authority any information |
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| | relating to a person which is held by HMCI in connection with |
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| | HMCI’s functions under Chapter 1 of Part 4 of the Education and |
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| | (3) | The Secretary of State may provide to the appropriate authority any |
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| | information relating to a person which is held by the Secretary of State |
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| | and which appears to the Secretary of State to be relevant to the |
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| | exercise of the appropriate authority’s functions under section 167A or |
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| | by virtue of section 167B. |
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| | (4) | The Independent Barring Board may provide to the appropriate |
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| | authority any information relating to a person which is held by the |
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| | Board in connection with its functions and which appears to it to be |
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| | relevant to the exercise of the appropriate authority’s functions under |
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| | section 167A or by virtue of section 167B. |
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| | (5) | The appropriate authority may provide to the Independent Barring |
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| | Board, the General Teaching Council for England, the General |
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| | Teaching Council for Wales, the Secretary of State, HMCI or, where |
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| | the appropriate authority is a public authority other than the Welsh |
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| | Ministers, the Welsh Ministers, any information relating to a person |
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| | which is held by the appropriate authority in connection with its |
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| | functions under section 167A. |
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| | (6) | In this section “HMCI” means Her Majesty’s Chief Inspector of |
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| | Education, Children’s Services and Skills. |
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| | 167D | Directions under section 167A: notification |
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| | (1) | Where the appropriate authority gives a direction under section |
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| | 167A(1), or varies or revokes any such direction, it must notify— |
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| | (a) | the registration authority (unless the appropriate authority is |
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| | the registration authority), and |
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| | (b) | HMCI and (if different) the appropriate authority for the |
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| | purposes of sections 113 to 116 of the Education and Skills |
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| | Act 2008 (prohibition on participation in management of |
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| | independent educational institutions in England). |
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| | (2) | In this section “HMCI” means Her Majesty’s Chief Inspector of |
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| | Education, Children’s Services and Skills.” |
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| | (1) | Section 171 is amended as follows. |
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| | (2) | In the definition of “Chief Inspector”— |
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| | (a) | omit paragraph (a), and |
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| | (b) | in paragraph (b) omit “in relation to a school in Wales,”. |
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| | (3) | Omit the definition of “early years provision”. |
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| | (4) | In the definition of “the register”— |
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| | (a) | omit paragraph (a), and |
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| | (b) | in paragraph (b) omit “in relation to a school in Wales,”. |
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| | (5) | In the definition of “registration authority” for paragraphs (a) and (b) substitute |
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| Schedule 1, page 86, line 33, leave out paragraph 18 and insert— |
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| | ‘ | The Childcare Act 2006 is amended as follows. |
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| | (1) | Section 13 (duty to provide information, advice and training to childcare |
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| | providers) is amended as follows. |
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| | (2) | In subsection (1)(c)— |
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| | (a) | in the opening words, for “schools” substitute “institutions”; |
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| | (b) | in sub-paragraph (ii), for “approved by the Secretary of State” |
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| | (c) | in sub-paragraph (iii), for “an independent school” substitute “an |
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| | independent educational institution”. |
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| | (3) | In subsection (1)(d) for “school” substitute “institution”. |
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| | (1) | Section 34(2) (requirement to register: other early years providers) is amended |
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| | (a) | in the opening words for “schools” substitute “institutions” and for |
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| | “school’s” substitute “institution’s”; |
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| | (b) | in sub-paragraph (ii) for “approved by the Secretary of State” |
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| | (c) | in sub-paragraph (iii) for “an independent school” substitute “an |
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| | independent educational institution”. |
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| | (3) | In paragraph (b) for “school” in both places substitute “institution”. |
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| | (4) | For paragraph (c) substitute— |
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| | “(c) | where the provision is made at a school (including a school |
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| | that is an independent educational institution)— |
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| | (i) | the child is a registered pupil at the school, or |
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| | (ii) | if the provision is made for more than one child, at |
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| | least one of the children is a registered pupil at the |
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| | | In section 49 (inspections) in subsection (4) for “independent school” |
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| | substitute “independent educational institution”. |
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| | (1) | Section 53(2) (requirement to register: other later years providers for children |
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| | under eight) is amended as follows. |
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| | (a) | in the opening words for “schools” substitute “institutions” and for |
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| | “school’s” substitute “institution’s”; |
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| | (b) | in sub-paragraph (ii) for “approved by the Secretary of State” |
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| | (c) | in sub-paragraph (iii) for “an independent school” substitute “an |
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| | independent educational institution”. |
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| | (3) | In paragraph (b) for “school” in both places substitute “institution”. |
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| | (4) | For paragraph (c) substitute— |
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| | “(c) | where the provision is made at a school (including a school |
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| | that is an independent educational institution)— |
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| | (i) | the child is a registered pupil at the school, or |
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| | (ii) | if the provision is made for more than one child, at |
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| | least one of the children is a registered pupil at the |
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| | (1) | Section 63(3) (applications for registration on the general register: other |
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| | childcare providers) is amended as follows. |
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| | (a) | in the opening words for “schools” substitute “institutions” and for |
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| | “school’s” substitute “institution’s”; |
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| | (b) | in sub-paragraph (ii) for “approved by the Secretary of State” |
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| | (c) | in sub-paragraph (iii) for “an independent school” substitute “an |
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| | independent educational institution”. |
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| | (3) | In paragraph (b) for “school” in both places substitute “institution”. |
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| | (4) | For paragraph (c) substitute— |
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| | “(c) | where the provision is made at a school (including a school |
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| | that is an independent educational institution)— |
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| | (i) | the child is a registered pupil at the school, or |
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| | (ii) | if the provision is made for more than one child, at |
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| | least one of the children is a registered pupil at the |
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| | | In section 106 (general interpretation) for the definition of “independent |
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