House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

375

House of Commons

Notices of Amendments

given on

Thursday 21st February 2008

For other Amendment(s) see the following page(s):

Education and Skills Bill Committee 353-73

Public Bill Committee

Education and Skills Bill

Jim Knight

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Nia Griffith

Mr Gordon Marsden

Phil Wilson

206

Clause  66,  page  37,  line  16,  at end insert—

‘(c)
any such advice must challenge gender stereotypes.’.

Jim Knight

207

Clause  115,  page  64,  line  29,  leave out ‘in connection with the Secretary of State’s

functions’.

Jim Knight

208

Clause  143,  page  81,  line  25,  after ‘section’ insert ‘(Sixth form admissions etc),

(Sixth form admissions etc: appeals) or’.

Jim Knight

209

Clause  149,  page  83,  line  21,  at end insert—

‘( )
paragraph 30A of Schedule 1.’.

Notices of Amendments: 21st February 2008
376

Education and Skills Bill, continued

Jim Knight

210

Clause  149,  page  83,  line  24,  after ‘provisions’ insert ‘, so far as they apply in

relation to Wales,’.

Jim Knight

211

Clause  149,  page  83,  line  25,  at end insert—

‘( )
sections (Sixth form admissions etc), (Sixth form admissions etc:

appeals) and (Meaning of “sixth form education” etc);’.

Jim Knight

212

Clause  149,  page  83,  line  26,  leave out from ‘138’ to end of line 35.

Jim Knight

213

Clause  149,  page  83,  line  36,  leave out from ‘141’ to end.

Jim Knight

214

Clause  149,  page  83,  line  36,  at end insert—

‘( )
paragraphs 26A to 26G of Schedule 1 (and section 145 so far as relating

to those paragraphs);

( )
the repeals and revocations in Schedule 2 so far as relating to—

(i)
sections 86 and 94 of the School Standards and Framework Act

1998 (c. 31),

(ii)
section 99(4) of the Learning and Skills Act 2000 (c. 21),

(iii)
Schedules 4 and 17 to the Education Act 2002 (c. 32),

(iv)
paragraphs 19 and 20 of Schedule 1 to the Qualifications,

Curriculum and Assessment Authority for Wales (Transfer of

Functions to the National Assembly for Wales and Abolition)

Order 2005 (S.I. 2005/3239),


(and section 145 so far as relating to those repeals and revocations).’.

Jim Knight

215

Schedule  1,  page  85,  line  5,  at end insert—

‘Children Act 1989 (c. 41)


The Children Act 1989 (c. 41) is amended as follows.

    (1)
Section 87 (welfare of children in boarding schools and colleges) is amended

as follows.

      (2)
In subsection (4)—

(a)
in the opening words for “or” substitute “in England other than an

independent educational institution or by a”;

(b)
in paragraph (a) omit “an independent school or”.

      (3)
In subsection (10) after the definition of “further education corporation”

insert—

““independent educational institution” has the same meaning as in

Chapter 1 of Part 4 of the Education and Skills Act 2008;”.

Notices of Amendments: 21st February 2008
377

Education and Skills Bill, continued

    (1)
Section 87B(2) (duties of inspectors under section 87A) is amended as follows.

      (2)
In paragraph (a) for “an independent school” substitute “an independent

educational institution in England, an independent school in Wales”.

      (3)
After that paragraph insert—

“(aa)
in the case of a school that is an independent educational

institution in England, to the Chief Inspector for England;”.’.

Jim Knight

216

Schedule  1,  page  85,  line  8,  leave out paragraph 2 and insert—

‘   (1)
Section 28D (accessibility strategies and plans) is amended as follows.

      (2)
In subsection (7) for paragraph (c) substitute—

“(c)
schools approved under section 342 of the Education Act

1996 (non-maintained special schools).”

      (3)
In subsection (13) after “Education Act 2005” insert “or Chapter 1 of Part 4 of

the Education and Skills Act 2008 (regulation and inspection of independent

educational provision in England)”.

    (1)
In section 28E (accessibility strategies and plans: procedure) is amended as

follows.

      (2)
In subsection (5)—

(a)
omit paragraph (b) and the word “or” preceding it;

(b)
omit “or plan”.

      (3)
After subsection (5) insert—

“(5A)
If Her Majesty’s Chief Inspector of Education, Children’s Services

and Skills asks for a copy of the accessibility plan prepared by the

proprietor of an independent school (other than an Academy) in

England, the plan must be given to him.”’.

Jim Knight

217

Schedule  1,  page  86,  line  3,  at end insert—

‘Police Act 1997 (c. 50)


In section 113BA of the Police Act 1997 (suitability information relating to

children), in subsection (2)(e)—

(a)
after “under” insert “section 113 of the Education and Skills Act 2008

(prohibition on participation in management of independent

educational institution in England) or”;

(b)
after “school” insert “in Wales”.’.

Jim Knight

218

Schedule  1,  page  86,  line  5,  leave out paragraph 10 and insert—

‘   (1)
Section 9(2) of the Protection of Children Act 1999 (the Tribunal) is amended

as follows.

      (2)
After paragraph (c) insert—

“(cb)
on an appeal by virtue of section 342B or 342C of the

Education Act 1996;”.

      (3)
After paragraph (g) insert—

Notices of Amendments: 21st February 2008
378

Education and Skills Bill, continued

“(h)
on an appeal under Chapter 1 of Part 4 of the Education and

Skills Act 2008;”.’.

Jim Knight

219

Schedule  1,  page  86,  line  21,  at end insert—

‘
In section 157 (independent school standards) omit subsections (1A) and

(2)(b).’.

Jim Knight

220

Schedule  1,  page  86,  line  22,  at end insert ‘, and

(b)
in subsection (3), for “the National Assembly for Wales” substitute

“the Welsh Ministers”.


Omit sections 162A and 162B (inspection of registered schools in England).


In section 163 (power to inspect registered schools in Wales)—

(a)
in the title, omit “in Wales”,

(b)
in subsection (1)(a), omit “for Wales” and “in Wales”, and

(c)
in subsection (5), omit the definition of “the Chief Inspector for

Wales”.


In section 164 (inspections under section 163: supplementary) omit “for

Wales” in subsections (1), (2)(a) (in both places), (3), (4), (9), (11) and (12).


In section 165(1)(a) (failure to meet standards) omit “162A or”.


In section 167A (prohibition on participation in management of independent

schools)—

(a)
omit subsection (6)(a), and

(b)
in subsection (6)(b) omit “in relation to Wales,”.


For sections 167C and 167D (information and notification in relation to

directions under section 167A) substitute—

“167C
Directions under section 167A: information

(1)
Where the appropriate authority is a public authority other than the

Chief Inspector, the Chief Inspector may provide to that authority any

information relating to a person which is held by the Chief Inspector

in connection with the Chief Inspector’s functions under this Chapter.

(2)
HMCI may provide to the appropriate authority any information

relating to a person which is held by HMCI in connection with

HMCI’s functions under Chapter 1 of Part 4 of the Education and

Skills Act 2008.

(3)
The Secretary of State may provide to the appropriate authority any

information relating to a person which is held by the Secretary of State

and which appears to the Secretary of State to be relevant to the

exercise of the appropriate authority’s functions under section 167A or

by virtue of section 167B.

(4)
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 of the appropriate authority’s functions under

section 167A or by virtue of section 167B.

Notices of Amendments: 21st February 2008
379

Education and Skills Bill, continued

(5)
The appropriate authority may provide to the Independent Barring

Board, the General Teaching Council for England, the General

Teaching Council for Wales, the Secretary of State, HMCI or, where

the appropriate authority is a public authority other than the Welsh

Ministers, the Welsh Ministers, any information relating to a person

which is held by the appropriate authority in connection with its

functions under section 167A.

(6)
In this section “HMCI” means Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills.

167D
Directions under section 167A: notification

(1)
Where the appropriate authority gives a direction under section

167A(1), or varies or revokes any such direction, it must notify—

(a)
the registration authority (unless the appropriate authority is

the registration authority), and

(b)
HMCI and (if different) the appropriate authority for the

purposes of sections 113 to 116 of the Education and Skills

Act 2008 (prohibition on participation in management of

independent educational institutions in England).

(2)
In this section “HMCI” means Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills.”

    (1)
Section 171 is amended as follows.

      (2)
In the definition of “Chief Inspector”—

(a)
omit paragraph (a), and

(b)
in paragraph (b) omit “in relation to a school in Wales,”.

      (3)
Omit the definition of “early years provision”.

      (4)
In the definition of “the register”—

(a)
omit paragraph (a), and

(b)
in paragraph (b) omit “in relation to a school in Wales,”.

      (5)
In the definition of “registration authority” for paragraphs (a) and (b) substitute

“the Welsh Ministers”.’.

Jim Knight

221

Schedule  1,  page  86,  line  33,  leave out paragraph 18 and insert—

‘
The Childcare Act 2006 is amended as follows.

    (1)
Section 13 (duty to provide information, advice and training to childcare

providers) is amended as follows.

      (2)
In subsection (1)(c)—

(a)
in the opening words, for “schools” substitute “institutions”;

(b)
in sub-paragraph (ii), for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii), for “an independent school” substitute “an

independent educational institution”.

      (3)
In subsection (1)(d) for “school” substitute “institution”.

    (1)
Section 34(2) (requirement to register: other early years providers) is amended

as follows.

      (2)
In paragraph (a)—

(a)
in the opening words for “schools” substitute “institutions” and for

“school’s” substitute “institution’s”;

Notices of Amendments: 21st February 2008
380

Education and Skills Bill, continued

(b)
in sub-paragraph (ii) for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii) for “an independent school” substitute “an

independent educational institution”.

      (3)
In paragraph (b) for “school” in both places substitute “institution”.

      (4)
For paragraph (c) substitute—

“(c)
where the provision is made at a school (including a school

that is an independent educational institution)—

(i)
the child is a registered pupil at the school, or

(ii)
if the provision is made for more than one child, at

least one of the children is a registered pupil at the

school.”


In section 49 (inspections) in subsection (4) for “independent school”

substitute “independent educational institution”.

    (1)
Section 53(2) (requirement to register: other later years providers for children

under eight) is amended as follows.

      (2)
In paragraph (a)—

(a)
in the opening words for “schools” substitute “institutions” and for

“school’s” substitute “institution’s”;

(b)
in sub-paragraph (ii) for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii) for “an independent school” substitute “an

independent educational institution”.

      (3)
In paragraph (b) for “school” in both places substitute “institution”.

      (4)
For paragraph (c) substitute—

“(c)
where the provision is made at a school (including a school

that is an independent educational institution)—

(i)
the child is a registered pupil at the school, or

(ii)
if the provision is made for more than one child, at

least one of the children is a registered pupil at the

school.”

    (1)
Section 63(3) (applications for registration on the general register: other

childcare providers) is amended as follows.

      (2)
In paragraph (a)—

(a)
in the opening words for “schools” substitute “institutions” and for

“school’s” substitute “institution’s”;

(b)
in sub-paragraph (ii) for “approved by the Secretary of State”

substitute “approved”;

(c)
in sub-paragraph (iii) for “an independent school” substitute “an

independent educational institution”.

      (3)
In paragraph (b) for “school” in both places substitute “institution”.

      (4)
For paragraph (c) substitute—

“(c)
where the provision is made at a school (including a school

that is an independent educational institution)—

(i)
the child is a registered pupil at the school, or

(ii)
if the provision is made for more than one child, at

least one of the children is a registered pupil at the

school.”


In section 106 (general interpretation) for the definition of “independent

school” substitute—