House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28th February 2008
445

Education and Skills Bill, continued

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.’.

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”.’.

Public Bill Committee: 28th February 2008
446

Education and Skills Bill, continued

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

239

Schedule  2,  page  89,  line  7,  at end insert—

‘Criminal Justice and Court
In Schedule 7, paragraphs 208 to 210.’.

Services Act 2000 (c. 43)

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.’.

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).’.

Public Bill Committee: 28th February 2008
447

Education and Skills Bill, continued

Jim Knight

240

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

‘In Schedule 7, paragraph 10.’.

Jim Knight

241

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.

In Schedule 9, paragraph 26.

Childcare Act 2006 (c. 21)
Section 47(1) and (3).

Education and Inspections Act
In Schedule 14, paragraphs 62, 73(3) and 75.

2006 (c. 40)

National Health Service
In Schedule 1, paragraph 202.’.

(Consequential Provisions) Act

2006 (c. 43)

Jim Knight

Mr David Lammy

204

Clause  148,  page  83,  line  3,  leave out ‘71’ and insert ‘(Benefit and training

information)’.

Jim Knight

209

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

‘( )
paragraph 30A of Schedule 1.’.

Public Bill Committee: 28th February 2008
448

Education and Skills Bill, continued

Mr David Laws

Mr Stephen Williams

169

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

‘( )
Section 2 may not come into force before the Secretary of State has certified that

based on local education authority assessments there is sufficient and diverse

education and training provision to meet the needs of persons to whom Part 1

applies.’.

Mr David Laws

Stephen Williams

179

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

‘( )
Sections 45 to 48 come into force at the end of the period of 2 years beginning

with the day on which this Act is passed.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Oliver Heald

Mr Charles Walker

182

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

‘( )
Part 4 may not come into force until the Secretary of State has held a public

consultation on the effects of its coming into force and published the results of

that consultation.’.

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—

Public Bill Committee: 28th February 2008
449

Education and Skills Bill, continued

(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).’.

Mr Oliver Heald

166

Clause  149,  page  83,  line  38,  at end insert—

‘(4A)
The Secretary of State may not make an order under subsection (4) containing

provisions for the coming into force of Part 1 unless he has laid before Parliament

a report that shows that 95 per cent. of students have attained level 4 or above in

(a) mathematics and (b) English as measured by Key Stage 2 National SATS.’.

Jim Knight

Mr David Lammy

205

Clause  149,  page  83,  line  40,  leave out ‘71’ and insert ‘(Benefit and training

information)’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

156

Clause  149,  page  83,  line  41,  at end add—

‘(5A)
Before making an order under subsection (4) containing provision for the coming

into force of section 77 the Secretary of State must publish a revised Regulatory

Impact Assessment relating to the provisions in Part 4.’.

Mr Nick Gibb

Mr John Hayes

Angela Watkinson

Michael Gove

157

Clause  149,  page  83,  line  41,  at end add—

‘(5A)
Before making an order under subsection (4) containing provision for the coming

into force of section 129 the Secretary of State must publish a report setting out

his estimate of the costs that local authorities would incur in fulfilling their duty

to assess the quality and suitability of the independent schools to which section

129 refers.’.

Jim Knight

234

Clause  149,  page  84,  line  8,  leave out ‘section 1(b)’ and insert ‘sections 1(b) and

26(1)(b)’.

Jim Knight

235

Clause  149,  page  84,  line  12,  leave out ‘that substitution’ and insert ‘those

Public Bill Committee: 28th February 2008
450

Education and Skills Bill, continued

substitutions’.

Jim Knight

236

Clause  149,  page  84,  line  15,  leave out ‘that substitution’ and insert ‘those

substitutions’.

Mr David Laws

Mr Stephen Williams

159

Clause  149,  page  84,  line  16,  leave out ‘2015’ and insert ‘2017’.

new clauses

Powers of National Assembly for Wales

Jim Knight

NC6

To move the following Clause:—

‘(1)
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

Measures), field 5 (education and training) is amended as follows.

(2)
After matter 5.4 insert—


“Matter 5.4A


The regulation of schools that are not maintained by local education

authorities, other than nursery schools.”

(3)
In matter 5.15 after “The inspection of—” insert—

“(za)
schools that are not maintained by local education authorities,

other than nursery schools;

(zb)
education or training provided otherwise than by schools within

paragraph (za) for children who are not above compulsory

school age;”.

(4)
In that matter, in paragraph (b), for “such institutions” substitute “institutions

within paragraph (za) or (a)”.

(5)
In matter 5.16 after “mentioned in” insert “paragraphs (a) to (d) of”.’.

Benefit and training information

Jim Knight

Mr David Lammy

NC7

To move the following Clause:—

‘(1)
Information within subsection (2) or (3) may be—

Public Bill Committee: 28th February 2008
451

Education and Skills Bill, continued

(a)
used in connection with the exercise of an assessment function of the

Secretary of State or a devolved authority, or

(b)
disclosed to a person for use in connection with the exercise of an

assessment function of the Secretary of State or a devolved authority.

(2)
Information is within this subsection if—

(a)
it is about an individual who has attained the age of 19, and

(b)
it is held by the Secretary of State for the purposes of any function of the

Secretary of State relating to social security.

(3)
Information is within this subsection if—

(a)
it is about an individual who has attained the age of 19,

(b)
it is held by the Secretary of State or a devolved authority, and

(c)
it relates to any training or course of education undertaken by the

individual (whether before or after the individual attained the age of 19).

(4)
For the purposes of this section and sections (Revenue and Customs information)

to 74, “assessment function” means any of the following functions—

(a)
evaluating the effectiveness of training or education provided for persons

who have attained the age of 19;

(b)
assessing policy in relation to the provision of such training or education;

(c)
assessing policy in relation to social security or employment as it affects

the provision of or participation in such training or education.’.

Revenue and Customs information

Jim Knight

Mr David Lammy

NC8

To move the following Clause:—

‘(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose

information relating to income tax or tax credits to a person for use in connection

with the exercise of an assessment function of the Secretary of State or a devolved

authority.

(2)
The reference in subsection (1) to the Commissioners for Her Majesty’s Revenue

and Customs includes a reference to a person authorised by the Commissioners.’.

Use of information

Jim Knight

Mr David Lammy

NC9

To move the following Clause:—

‘(1)
Information disclosed to a person in reliance on section (Benefit and training

information)(1)(b) or (Revenue and Customs information) may be used by that