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Notices of Amendments: 21st February 2008                

381

 

Education and Skills Bill, continued

 
 

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

 

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

 

Jim Knight

 

222

 

Schedule  1,  page  87,  line  5,  leave out paragraph 20 and insert—

 

‘   (1)  

Section 11 (publication of proposals to establish maintained schools: special

 

cases) is amended as follows.

 

      (2)  

In subsection (3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of

 

independent schools)” substitute “Chapter 1 of Part 4 of the Education and

 

Skills Act 2008 (regulation of independent educational institutions in

 

England)”.

 

      (3)  

In subsection (9) for “approved by the Secretary of State” substitute

 

“approved”.’.

 

Jim Knight

 

223

 

Schedule  1,  page  87,  line  10,  at end insert—

 

‘   (1)  

Section 171 (prohibition on participation in management: transitional

 

provision) is amended as follows.

 

      (2)  

In subsection (5), in the definition of “regulations”, for paragraphs (a) and (b)

 

substitute “by the Welsh Ministers;”.’.

 

Jim Knight

 

224

 

Schedule  1,  page  87,  line  10,  at end insert—

 

Safeguarding Vulnerable Groups Act 2006 (c. 47)

 

    (1)  

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

 

      (2)  

In Schedule 4 (regulated activity), paragraph 1(10) is amended as follows.

 

      (3)  

After paragraph (b) insert—

 

“(ba)    

a body approved under section 90 of the Education and

 

Skills Act 2008 (bodies approved to inspect registered

 

independent educational institutions in England);”.

 

      (4)  

In paragraph (c) after “school” insert “in Wales”.’.

 

Jim Knight

 

225

 

Schedule  1,  page  87,  line  16,  at end insert—

 

Social Security Administration Act 1992 (c. 5)

 

            

The Social Security Administration Act 1992 (c. 5) is amended as follows.

 

    (1)  

Section 2A (claim or full entitlement to certain benefits conditional on work-

 

focused interviews) is amended as follows.

 

      (2)  

In subsection (8), in the definition of “the designated authority”—

 

(a)    

after paragraph (c) insert—

 

“(ca)    

subject to subsection (9), a county council in

 

England,”;

 

(b)    

in paragraph (d), before “a person” insert “subject to subsection (9),”;


 
 

Notices of Amendments: 21st February 2008                

382

 

Education and Skills Bill, continued

 
 

(c)    

in that paragraph for “any such authority” substitute “any authority

 

mentioned in paragraph (c) or (ca)”.

 

      (3)  

After that subsection insert—

 

“(9)    

A county council in England or a person providing services to, or

 

authorised to exercise any function of, such a council may be specified

 

as the designated authority only in relation to interviews with persons

 

to whom the council is required to make support services available

 

under section 54(1) of the Education and Skills Act 2008 (support

 

services: provision by local education authorities).”

 

    (1)  

Section 2AA (full entitlement to certain benefits conditional on work-focused

 

interview for partner) is amended as follows.

 

      (2)  

In subsection (7), in the definition of “designated authority”—

 

(a)    

after paragraph (c) insert—

 

“(ca)    

subject to subsection (8), a county council in

 

England,”;

 

(b)    

in paragraph (d), before “a person” insert “subject to subsection (8),”;

 

(c)    

in that paragraph, for “a local authority” substitute “any authority

 

mentioned in paragraph (c) or (ca)”.

 

      (3)  

After that subsection insert—

 

“(8)    

A county council in England or a person providing services to, or

 

authorised to exercise any function of, such a council may be specified

 

as the designated authority only in relation to interviews with persons

 

to whom the council is required to make support services available

 

under section 54(1) of the Education and Skills Act 2008 (support

 

services: provision by local education authorities).”

 

    (1)  

Section 2C (optional work-focused interviews) is amended as follows.

 

      (2)  

In subsection (1), after “local authorities” insert “or, subject to subsection

 

(3A), county councils in England”.

 

      (3)  

In subsection (3), after “a local authority” insert “or on a county council in

 

England”.

 

      (4)  

After subsection (3) insert—

 

“(3A)    

Regulations under this section may confer functions on a county

 

council in England only in relation to interviews with persons to whom

 

the council is required to make support services available under

 

section 54(1) of the Education and Skills Act 2008 (support services:

 

provision by local education authorities).” ’.

 

Jim Knight

 

226

 

Schedule  1,  page  88,  line  5,  at end insert—

 

School Standards and Framework Act 1998 (c. 31)

 

26A      

The School Standards and Framework Act 1998 (c. 31) is amended as follows.

 

26B(1)  

Section 86 (parental preferences) is amended as follows.

 

      (2)  

After subsection (1) insert—

 

“(1ZA)    

Subsection (1) does not apply in relation to—

 

(a)    

sixth form education, or

 

(b)    

any other education to be provided for a child who—

 

(i)    

has ceased to be of compulsory school age, or


 
 

Notices of Amendments: 21st February 2008                

383

 

Education and Skills Bill, continued

 
 

(ii)    

will have ceased to be of compulsory school age

 

before the education is provided for him.”

 

      (3)  

In subsection (2), for “subsections (3) and (3A)” substitute “subsection (3)”.

 

      (4)  

Omit subsections (3A) and (3B).

 

      (5)  

In subsection (8), for “subsections (3) and (3A)” substitute “subsection (3)”.

 

      (6)  

In subsection (9), omit “or arrangements such as are mentioned in subsection

 

(3B)”.

 

26C      

In section 87 (no requirement to admit children permanently excluded from

 

two or more schools), in subsection (1), for “duty imposed by section 86(2)

 

does” substitute “duties imposed by section 86(2) and section 86B(1) do”.

 

26D      

In section 89 (procedure for determining admission arrangements), in

 

subsection (1A)—

 

(a)    

for “and (3A)” substitute “, 86B(2) and (4)”, and

 

(b)    

for “parental” substitute “expressed”.

 

26E      

In section 89B (co-ordination of admission arrangements), after subsection (6)

 

insert—

 

“(7)    

Nothing in this section applies in relation to arrangements for the

 

admission to maintained schools of pupils—

 

(a)    

who—

 

(i)    

have ceased to be of compulsory school age, or

 

(ii)    

will have ceased to be of compulsory school age

 

before education is provided for them at the school, or

 

(b)    

for the purpose of receiving sixth form education.”

 

26F      

Omit section 94(7).

 

26G(1)  

Section 95 (appeals relating to children to whom section 87 applies) is

 

amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

for “the parent of a child” substitute “the appropriate person”, and

 

(b)    

in paragraph (b), for “the child” substitute “a child”.

 

      (3)  

After that subsection insert—

 

“(1A)    

In subsection (1), “the appropriate person”, in relation to a child, has

 

the same meaning as in section 94.” ’.

 

Jim Knight

 

227

 

Schedule  1,  page  88,  line  33,  at end insert—

 

Education and Inspections Act 2006 (c. 40)

 

30A(1)  

In section 180 of the Education and Inspections Act 2006 (functions to be

 

exercisable by National Assembly), in subsection (2) after “sections 40 to 54

 

(school admissions);” insert—

 

“section 55 (right of sixth-form pupils to opt out of religious worship);”.

 

      (2)  

The amendment made by sub-paragraph (1) is deemed always to have had

 

effect.’.


 
 

Notices of Amendments: 21st February 2008                

384

 

Education and Skills Bill, continued

 
 

Jim Knight

 

228

 

Schedule  2,  page  88,  line  36,  at end insert—

 

Children Act 1989 (c. 41)

In section 87(4)(a) the words “an independent school

 
  

or”.

 
 

Disability Discrimination Act 1995

In section 28E(5)—

 
 

(c. 50)

(a)    

paragraph (b) and the word “or” preceding it,

 
  

and

 
  

(b)    

the words “or plan”.’.

 
 

Jim Knight

 

229

 

Schedule  2,  page  88,  leave out lines 39 and 40.

 

Jim Knight

 

230

 

Schedule  2,  page  89,  line  1,  at end insert—

  

‘In section 86—

 
  

(a)    

subsections (3A) and (3B), and

 
  

(b)    

in subsection (9), the words “or

 
  

arrangements such as are mentioned in

 
  

subsection (3B)”.

 
  

Section 94(7).

 
  

In Schedule 30, paragraph 60.’

 
 

Jim Knight

 

231

 

Schedule  2,  page  89,  line  8,  column 2, at beginning insert—

  

‘In section 157—

 
  

(a)    

subsection (1A), and

 
  

(b)    

in subsection (2), paragraph (b) and the word

 
  

“and” preceding it.’.

 

 
 

Notices of Amendments: 21st February 2008                

385

 

Education and Skills Bill, continued

 
 

Jim Knight

 

232

 

Schedule  2,  page  89,  line  11,  at end insert—

  

‘Sections 162A and 162B.

 
  

In section 163—

 
  

(a)    

in subsection (1)(a), the words “for Wales”

 
  

and “in Wales”, and

 
  

(b)    

in subsection (5), the definition of “the Chief

 
  

Inspector for Wales”.

 
  

In section 164, in subsections (1), (2)(a) (in both

 
  

places), (3), (4), (9), (11) and (12), the words “for

 
  

Wales”.

 
  

In section 165(1)(a), the words “162A or”.

 
  

In section 167A(6)—

 
  

(a)    

paragraph (a), and

 
  

(b)    

in paragraph (b), the words “in relation to

 
  

Wales,”.

 
  

In section 171—

 
  

(a)    

in the definition of “Chief Inspector”,

 
  

paragraph (a) and in paragraph (b) the words

 
  

“in relation to a school in Wales”,

 
  

(b)    

the definition of “early years provision”, and

 
  

(c)    

in the definition of “the register”, paragraph

 
  

(a) and in paragraph (b) the words “in

 
  

relation to a school in Wales”.

 
  

In Schedule 4, paragraphs 3(2), (5) and (7) and 8(7).

 
  

In Schedule 7, paragraph 5(2)(a).’.

 
 

Jim Knight

 

233

 

Schedule  2,  page  89,  line  12,  at end insert—

 

Education Act 2005 (c. 18)

In section 59(1), at the end of paragraph (d), the word

 
  

“and”.

 
  

In Schedule 8, paragraphs 2 and 4.

 
 

Childcare Act 2006 (c. 21)

Section 47(1) and (3).

 
 

Education and Inspections Act

In Schedule 14, paragraphs 73(3) and 75.’.

 
 

2006 (c. 40)

  
 

Sixth form admissions etc

 

Jim Knight

 

NC10

 

To move the following Clause:—

 

‘After section 86 of the School Standards and Framework Act 1998 (c. 31)

 

(parental preferences) insert—

 

“86A  

Preferences relating to sixth-form education: local education

 

authority arrangements

 

(1)    

A local education authority shall make arrangements for enabling—


 
 

Notices of Amendments: 21st February 2008                

386

 

Education and Skills Bill, continued

 
 

(a)    

a child in the authority’s area to express a preference as to the

 

school at which he wishes sixth form education to be provided

 

for him in the exercise of the authority’s functions,

 

(b)    

a parent of such a child to express a preference as to the school

 

at which he wishes sixth form education to be so provided for his

 

child,

 

(c)    

a relevant child to express a preference as to the school at which

 

he wishes education other than sixth form education to be

 

provided for him in the exercise of the authority’s functions, and

 

(d)    

a parent of such a child to express a preference as to the school

 

at which he wishes such education to be so provided for his child,

 

    

and, in each case, for enabling the person expressing the preference to

 

give reasons for his preference.

 

(2)    

In subsection (1), “relevant child”, in relation to a local education

 

authority and any education, means a child in the authority’s area who—

 

(a)    

has ceased to be of compulsory school age, or

 

(b)    

will have ceased to be of compulsory school age before the

 

education in question is provided for him.

 

(3)    

Arrangements made under subsection (1) shall allow—

 

(a)    

a person who is to be able to express a preference under any of

 

paragraphs (a) to (d) of that subsection to express preferences for

 

more than one school;

 

(b)    

preferences to be expressed, in relation to a child, by both the

 

child and a parent of his.

 

(4)    

Where—

 

(a)    

the arrangements for the admission of pupils to a maintained

 

school provide for applications for admisssion to be made to (or

 

to a person acting on behalf of) the governing body of the school,

 

and

 

(b)    

a child (whether or not in the area of the authority maintaining

 

the school) or his parent makes such an application,

 

    

that person shall be regarded for the purposes of this Chapter as having

 

expressed a preference for that school in accordance with arrangements

 

made under subsection (1).

 

(5)    

Regulations may provide, in cases where a school operates arrangements

 

for entry to the sixth form of children who have been admitted to the

 

school, for a child who has been admitted to the school, or his parent, to

 

be regarded, in prescribed circumstances, for the purposes of this Chapter

 

as having expressed a preference for sixth form education to be provided

 

for the child at the school in accordance with arrangements made under

 

subsection (1).

 

86B    

Duty in relation to preferences expressed under section 86A:

 

admission authorities of maintained schools

 

(1)    

Subject to subsections (2) and (4) and section 87, the admission authority

 

for a maintained school shall comply with any preference expressed in

 

accordance with arrangements made under section 86A(1).

 

(2)    

The duty imposed by subsection (1) does not apply if compliance with

 

the preference would prejudice the provision of efficient education or the

 

efficient use of resources.


 
 

Notices of Amendments: 21st February 2008                

387

 

Education and Skills Bill, continued

 
 

(3)    

Subsections (5) to (5B) of section 86 apply for the purpose of

 

determining whether any prejudice should be taken to arise for the

 

purposes of subsection (2), but with the substitution of references to that

 

subsection for references to subsection (3)(a) of section 86.

 

(4)    

The duty imposed by subsection (1) does not apply in a case where a

 

preference is expressed in relation to sixth form education if—

 

(a)    

the relevant selection arrangements for the preferred school are

 

wholly based on selection by reference to ability or aptitude, and

 

(b)    

compliance with the preference would be incompatible with

 

selection under those arrangements.

 

(5)    

Where the relevant selection arrangements for a school provide for all

 

pupils selected under the arrangements to be selected by reference to

 

ability or aptitude, those arrangements shall be taken for the purposes of

 

subsection (4)(a) to be wholly based on selection by reference to ability

 

or aptitude whether or not they also provide for the use of additional

 

criteria in circumstances where the number of children in a relevant age

 

group who are assessed to be of the requisite ability or aptitude is greater

 

than the number of pupils which it is intended to admit to the school in

 

that age group.

 

(6)    

In this section “the relevant selection arrangements”, in relation to a

 

school, means—

 

(a)    

the arrangements for admission to the school for sixth form

 

education, or

 

(b)    

those arrangements and the arrangements for entry to the sixth

 

form of children who have been admitted to the school.” ’.

 

Sixth form admissions etc: appeals

 

Jim Knight

 

NC11

 

To move the following Clause:—

 

‘(1)    

Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal

 

arrangements: general) is amended as follows.

 

(2)    

In subsection (1)—

 

(a)    

for “the parent of a child” substitute “the appropriate person”;

 

(b)    

before paragraph (a) insert—

 

“(za)    

in a case where the local education authority are the

 

admissions authority, any decision made by or on behalf

 

of the authority refusing a child admission to a school,”;

 

(c)    

in paragraph (a)—

 

(i)    

for “any decision” substitute “any other decision”, and

 

(ii)    

for “the child” substitute “a child”;

 

(d)    

in paragraph (b), for “the child” substitute “a child”.

 

(3)    

In subsection (1A), for “the parent of” substitute “the appropriate person in

 

relation to”.

 

(4)    

In subsection (2)—

 

(a)    

for “the parent of a child” substitute “the appropriate person”;

 

(b)    

for “the child” substitute “a child”.


 
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