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| | 26D | In section 89 (procedure for determining admission arrangements), in |
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| | (a) | for “and (3A)” substitute “, 86B(2) and (4)”, and |
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| | (b) | for “parental” substitute “expressed”. |
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| | 26E | In section 89B (co-ordination of admission arrangements), after subsection (6) |
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| | “(7) | Nothing in this section applies in relation to arrangements for the |
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| | admission to maintained schools of pupils— |
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| | (i) | have ceased to be of compulsory school age, or |
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| | (ii) | will have ceased to be of compulsory school age |
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| | before education is provided for them at the school, or |
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| | (b) | for the purpose of receiving sixth form education.” |
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| | |
| | 26G(1) | Section 95 (appeals relating to children to whom section 87 applies) is |
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| | (a) | for “the parent of a child” substitute “the appropriate person”, and |
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| | (b) | in paragraph (b), for “the child” substitute “a child”. |
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| | (3) | After that subsection insert— |
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| | “(1A) | In subsection (1), “the appropriate person”, in relation to a child, has |
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| | the same meaning as in section 94.” ’. |
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| | |
| Schedule 1, page 88, line 33, at end insert— |
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| | ‘Education and Inspections Act 2006 (c. 40) |
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| | 30A(1) | In section 180 of the Education and Inspections Act 2006 (functions to be |
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| | exercisable by National Assembly), in subsection (2) after “sections 40 to 54 |
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| | (school admissions);” insert— |
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| | “section 55 (right of sixth-form pupils to opt out of religious worship);”. |
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| | (2) | The amendment made by sub-paragraph (1) is deemed always to have had |
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| Schedule 2, page 88, line 36, at end insert— |
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| ‘Children Act 1989 (c. 41) |
| In section 87(4)(a) the words “an independent school |
| | | | | | | | | Disability Discrimination Act 1995 |
| | | | | | (a) | paragraph (b) and the word “or” preceding it, |
| | | | | | | | | | (b) | the words “or plan”.’. |
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| Schedule 2, page 88, leave out lines 39 and 40. |
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| Schedule 2, page 89, line 1, at end insert— |
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| | | | | | | (a) | subsections (3A) and (3B), and |
| | | | | (b) | in subsection (9), the words “or |
| | | | | arrangements such as are mentioned in |
| | | | | | | | | | | | | | | In Schedule 30, paragraph 60.’ |
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| Schedule 2, page 89, line 7, at end insert— |
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| ‘Criminal Justice and Court |
| In Schedule 7, paragraphs 208 to 210.’. |
| | | | Services Act 2000 (c. 43) |
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| Schedule 2, page 89, line 8, column 2, at beginning insert— |
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| | | | | | | | | | | | (b) | in subsection (2), paragraph (b) and the word |
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| Schedule 2, page 89, line 11, at end insert— |
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| | | | | | | | | | | | (a) | in subsection (1)(a), the words “for Wales” |
| | | | | | | | | | (b) | in subsection (5), the definition of “the Chief |
| | | | | | | | | | In section 164, in subsections (1), (2)(a) (in both |
| | | | | places), (3), (4), (9), (11) and (12), the words “for |
| | | | | | | | | | In section 165(1)(a), the words “162A or”. |
| | | | | | | | | | | | | | | (b) | in paragraph (b), the words “in relation to |
| | | | | | | | | | | | | | | (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).’. |
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| Schedule 2, page 89, line 11, at end insert— |
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| | ‘In Schedule 7, paragraph 10.’. |
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| Schedule 2, page 89, line 12, at end insert— |
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| ‘Education Act 2005 (c. 18) |
| In section 59(1), at the end of paragraph (d), the word |
| | | | | | | | | | In Schedule 8, paragraphs 2 and 4. |
| | | | | In Schedule 9, paragraph 26. |
| | | | Childcare Act 2006 (c. 21) |
| | | | | Education and Inspections Act |
| In Schedule 14, paragraphs 62, 73(3) and 75. |
| | | | | | | | | | In Schedule 1, paragraph 202.’. |
| | | | (Consequential Provisions) Act |
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| Clause 148, page 83, line 3, leave out ‘71’ and insert ‘(Benefit and training |
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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 21, at end insert— |
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| | ‘( ) | Section 2 may not come into force before the Secretary of State has certified that |
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| | based on local education authority assessments there is sufficient and diverse |
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| | education and training provision to meet the needs of persons to whom Part 1 |
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| Clause 149, page 83, line 21, at end insert— |
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| | ‘( ) | Sections 45 to 48 come into force at the end of the period of 2 years beginning |
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| | with the day on which this Act is passed.’. |
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| Clause 149, page 83, line 21, at end insert— |
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| | ‘( ) | Part 4 may not come into force until the Secretary of State has held a public |
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| | consultation on the effects of its coming into force and published the results of |
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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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| | |
| Clause 149, page 83, line 38, at end insert— |
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| | ‘(4A) | The Secretary of State may not make an order under subsection (4) containing |
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| | provisions for the coming into force of Part 1 unless he has laid before Parliament |
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| | a report that shows that 95 per cent. of students have attained level 4 or above in |
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| | (a) mathematics and (b) English as measured by Key Stage 2 National SATS.’. |
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| Clause 149, page 83, line 40, leave out ‘71’ and insert ‘(Benefit and training |
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| Clause 149, page 83, line 41, at end add— |
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| | ‘(5A) | Before making an order under subsection (4) containing provision for the coming |
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| | into force of section 77 the Secretary of State must publish a revised Regulatory |
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| | Impact Assessment relating to the provisions in Part 4.’. |
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| Clause 149, page 83, line 41, at end add— |
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| | ‘(5A) | Before making an order under subsection (4) containing provision for the coming |
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| | into force of section 129 the Secretary of State must publish a report setting out |
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| | his estimate of the costs that local authorities would incur in fulfilling their duty |
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| | to assess the quality and suitability of the independent schools to which section |
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| Clause 149, page 84, line 8, leave out ‘section 1(b)’ and insert ‘sections 1(b) and |
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| Clause 149, page 84, line 12, leave out ‘that substitution’ and insert ‘those |
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| Clause 149, page 84, line 15, leave out ‘that substitution’ and insert ‘those |
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| Clause 149, page 84, line 16, leave out ‘2015’ and insert ‘2017’. |
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| |
| |
| | Powers of National Assembly for Wales |
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| | |
| To move the following Clause:— |
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| | ‘(1) | In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly |
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| | Measures), field 5 (education and training) is amended as follows. |
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| | (2) | After matter 5.4 insert— |
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| | |
| | | The regulation of schools that are not maintained by local education |
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| | authorities, other than nursery schools.” |
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| | (3) | In matter 5.15 after “The inspection of—” insert— |
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| | “(za) | schools that are not maintained by local education authorities, |
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| | other than nursery schools; |
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| | (zb) | education or training provided otherwise than by schools within |
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| | paragraph (za) for children who are not above compulsory |
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| | |
| | (4) | In that matter, in paragraph (b), for “such institutions” substitute “institutions |
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| | within paragraph (za) or (a)”. |
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| | (5) | In matter 5.16 after “mentioned in” insert “paragraphs (a) to (d) of”.’. |
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| |
| | Benefit and training information |
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| |
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| | |
| To move the following Clause:— |
|
| | ‘(1) | Information within subsection (2) or (3) may be— |
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| | (a) | used in connection with the exercise of an assessment function of the |
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| | Secretary of State or a devolved authority, or |
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| | (b) | disclosed to a person for use in connection with the exercise of an |
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| | assessment function of the Secretary of State or a devolved authority. |
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| | (2) | Information is within this subsection if— |
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| | (a) | it is about an individual who has attained the age of 19, and |
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| | (b) | it is held by the Secretary of State for the purposes of any function of the |
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| | Secretary of State relating to social security. |
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| | (3) | Information is within this subsection if— |
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| | (a) | it is about an individual who has attained the age of 19, |
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| | (b) | it is held by the Secretary of State or a devolved authority, and |
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| | (c) | it relates to any training or course of education undertaken by the |
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| | individual (whether before or after the individual attained the age of 19). |
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| | (4) | For the purposes of this section and sections (Revenue and Customs information) |
|
| | to 74, “assessment function” means any of the following functions— |
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| | (a) | evaluating the effectiveness of training or education provided for persons |
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| | who have attained the age of 19; |
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| | (b) | assessing policy in relation to the provision of such training or education; |
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| | (c) | assessing policy in relation to social security or employment as it affects |
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| | the provision of or participation in such training or education.’. |
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| |
| | Revenue and Customs information |
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| |
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| | |
| To move the following Clause:— |
|
| | ‘(1) | The Commissioners for Her Majesty’s Revenue and Customs may disclose |
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| | information relating to income tax or tax credits to a person for use in connection |
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| | with the exercise of an assessment function of the Secretary of State or a devolved |
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| | |
| | (2) | The reference in subsection (1) to the Commissioners for Her Majesty’s Revenue |
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| | and Customs includes a reference to a person authorised by the Commissioners.’. |
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| | |
| To move the following Clause:— |
|
| | ‘(1) | Information disclosed to a person in reliance on section (Benefit and training |
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| | information)(1)(b) or (Revenue and Customs information) may be used by that |
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|