House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Notices of Amendments: 1st May 2008
1916

Education and Skills Bill, continued

88P
Reports by local education authorities to adjudicator

(1)
A local education authority in England must make such reports to the

adjudicator about such matters connected with relevant school

admissions as may be prescribed.

(2)
In subsection (1) “relevant school admissions”, in relation to a local

education authority, means—

(a)
the admission of pupils to relevant schools in the authority’s

area;

(b)
the admission of pupils in the authority’s area to other relevant

schools;

(c)
the entry to the sixth form of pupils who have been admitted to

relevant schools in the authority’s area; and

(d)
the entry to the sixth form of pupils in the authority’s area who

have been admitted to other relevant schools.

(3)
In this section, “relevant school” means—

(a)
a maintained school,

(b)
an Academy,

(c)
a city technology college, or

(d)
a city college for the technology of the arts.

(4)
The matters which may be prescribed under subsection (1) in relation to

a report by a local education authority include, in particular, matters

relating to—

(a)
the determination and operation of admission arrangements for

maintained schools in the area of the local education authority;

(b)
the determination and operation of arrangements for the

admission of pupils to Academies, city technology colleges and

city colleges for the technology of the arts in the area of the local

education authority;

(c)
the adoption and operation of any scheme, whether or not

formulated by the local education authority and whether under

section 88M or otherwise, for co-ordinating—

(i)
the admission of pupils to relevant schools in their area,

(ii)
the admission of pupils in their area to other relevant

schools.

(5)
Regulations under subsection (1) may make provision as to—

(a)
the time by which any report under that subsection must be

made; and

(b)
the form and content of any such report;


and may, in particular, require a report to include a statement as to

whether or not admission arrangements for maintained schools in the

area of the local education authority conform with the requirements

imposed by or under this Part as to the content of admission arrangements

for maintained schools in England.

88Q
Reports under section 88P: provision of information

(1)
A relevant person must, on request, provide a local education authority in

England with such information as the authority may reasonably require

for the purpose of enabling the authority to fulfil their duties under

section 88P.

Notices of Amendments: 1st May 2008
1917

Education and Skills Bill, continued

(2)
In subsection (1), “relevant person”, in relation to a local education

authority, means—

(a)
an admission authority (other than the local education authority)

for a maintained school in the area of the local education

authority;

(b)
the admission forum for the area of the local education authority;

(c)
any member of an appeal panel constituted under section 94

by—

(i)
the local education authority, or

(ii)
the governing body of a foundation or voluntary aided

school in the area of the local education authority;

(d)
the proprietor of—

(i)
an Academy,

(ii)
a city technology college, or

(iii)
a city college for the technology of the arts,


in the area of the local education authority;

(e)
any other local education authority in England;

(f)
such other person as may be prescribed.’.

Secretary Ed Balls

94

Page  8,  line  25  [Clause  15],  leave out from beginning to ‘to’ in line 26 and insert—

‘(1)
Social security information may be supplied’.

Secretary Ed Balls

95

Page  8,  line  29  [Clause  15],  leave out from ‘is’ to end of line 32 and insert ‘held for

the purposes of functions relating to social security—

(a)
by the Secretary of State, or

(b)
by a person providing services to the Secretary of State in connection

with the provision of those services.’.

Secretary Ed Balls

96

Page  9,  line  29  [Clause  16],  at end insert—

‘( )
a provider of probation services,’.

Secretary Ed Balls

97

Page  10,  line  29  [Clause  17],  leave out from ‘authority’ to ‘services’ in line 32 and

insert ‘itself provides services in exercise of its functions under subsection (1) of section

54, the authority;

(b)
where, in exercise of its functions under subsection (3)(b) of that section,

the authority makes arrangements for the provision of’.

Secretary Ed Balls

98

Page  18,  line  21  [Clause  33],  after ‘26’ insert ‘of that Act’.

Notices of Amendments: 1st May 2008
1918

Education and Skills Bill, continued

Secretary Ed Balls

99

Page  18,  line  26  [Clause  33],  at end insert—

‘( )
In section 108 (qualifying period of employment), after subsection (3)(dd)

insert—

“(de)
section 101B applies,”.’.

Secretary Ed Balls

100

Page  23,  line  23  [Clause  41],  leave out ‘be suitable for the person.’ and insert ‘—

(a)
be appropriate full-time education or training, or

(b)
otherwise be suitable for the person, having regard—

(i)
to the person’s age, ability and aptitude, and

(ii)
to any learning difficulty which the person may have.

( )
Subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21)

(persons with learning difficulties) apply for the purposes of subsection (5)(b).’.

Secretary Ed Balls

101

Page  25,  line  8  [Clause  44],  at end insert—

‘( )
Regulations under subsection (6)(b) may in particular make provision as to the

procedure to be followed in relation to the giving of any consent under the

regulations.’.

Secretary Ed Balls

102

Page  25,  line  33  [Clause  46],  leave out ‘and’.

Secretary Ed Balls

103

Page  25,  line  35  [Clause  46],  at end insert ‘and’.

Secretary Ed Balls

104

Page  25,  line  36  [Clause  46],  leave out from beginning to ‘authority’ in line 39 and

insert—

‘(c)
an attendance panel established by the local education authority under

section 42 has, on being consulted by the local education authority about

the question whether the proceedings should be instituted, recommended

to the’.

Secretary Ed Balls

105

Page  26,  line  1  [Clause  46],  leave out subsection (6) and insert—

‘( )
Regulations—

(a)
must make provision to secure that, before a recommendation under

subsection (4)(c) is made by an attendance panel in a person’s case, the

person has an opportunity to make representations to the panel, and

(b)
may make other provision as to the procedure to be followed in relation

to the making of such recommendations.’.

Notices of Amendments: 1st May 2008
1919

Education and Skills Bill, continued

Secretary Ed Balls

106

Page  26  [Clause  47],  leave out lines 11 to 14 and insert ‘has committed an offence

under section 45 relating to the notice,’.

Secretary Ed Balls

107

Page  26,  line  15  [Clause  47],  leave out ‘failure mentioned in paragraph (a)’ and

insert ‘offence’.

Secretary Ed Balls

108

Page  29,  line  21  [Clause  53],  at end insert—

‘“proprietor”, in relation to a school or other institution, means the person

or body of persons responsible for its management;’.

Secretary Ed Balls

109

Page  34,  line  13  [Clause  61],  leave out from beginning to ‘to’ in line 14 and

insert—

‘(1)
Social security information may be supplied’.

Secretary Ed Balls

110

Page  34,  line  18  [Clause  61],  leave out from ‘is’ to end of line 21 and insert ‘held

for the purposes of functions relating to social security—

(a)
by the Secretary of State, or

(b)
by a person providing services to the Secretary of State in connection

with the provision of those services.’.

Secretary Ed Balls

111

Page  35,  line  17  [Clause  62],  at end insert—

‘( )
a provider of probation services,’.

Secretary Ed Balls

112

Page  35,  line  30  [Clause  63],  at end insert—

‘“proprietor”, in relation to a school or other institution, means the person

or body of persons responsible for its management;’.

Secretary Ed Balls

113

Page  74,  line  26  [Clause  133],  leave out from ‘of’ to end of line 27 and insert—

‘(a)
schools that are not maintained by local education authorities;

(b)
relevant independent educational institutions.”’.

Secretary Ed Balls

114

Page  74,  line  29  [Clause  133],  leave out from ‘schools’ to end of line 30.

Notices of Amendments: 1st May 2008
1920

Education and Skills Bill, continued

Secretary Ed Balls

115

Page  74  [Clause  133],  leave out lines 31 to 33 and insert—

‘(zb)
relevant independent educational institutions;”.’.

Secretary Ed Balls

116

Page  74,  line  34  [Clause  133],  leave out from ‘matter,’ to end of line 35 and insert

‘for paragraph (b) substitute—

“(b)
pre-16 education or training, or post-16 education or training, provided

otherwise than by institutions within paragraphs (za) to (a);”.’.

Secretary Ed Balls

117

Page  74,  line  36  [Clause  133],  leave out subsection (5) and insert—

‘( )
In matter 5.16 for “, any of the kinds of education, training or services mentioned

in matter 5.15.” substitute “—

(a)
pre-16 education or training;

(b)
post-16 education or training;

(c)
the training of teachers and specialist teaching assistants for

schools;

(d)
services of the kinds mentioned in matter 5.8.”’.

Secretary Ed Balls

118

Page  74,  line  36  [Clause  133],  at end insert—

‘( )
After the definition of “post-16 training” insert—

““pre-16 education or training” means education or training suitable to the

requirements of persons who are of or below compulsory school age.”

“relevant independent educational institution” means an institution other

than a school which—

(e)
provides part-time education for one or more persons of

compulsory school age (“part-time students”) whether or not it

also provides full-time education for any person, and

(f)
would be an independent school but for the fact that the

education provided for the part-time student or students is part-

time rather than full-time.


For the purposes of the above definition of “relevant independent

educational institution”, an institution provides “part-time” education for

a person if—

(a)
it provides education for the person, and

(b)
the education does not amount to full-time education.”’.

Secretary Ed Balls

119

Page  76,  line  4  [Clause  134],  leave out subsection (5).

Secretary Ed Balls

120

Page  77,  line  23  [Clause  135],  leave out from ‘decision’ to ‘for’ in line 25 and

insert ‘about sixth form education’.

Notices of Amendments: 1st May 2008
1921

Education and Skills Bill, continued

Secretary Ed Balls

121

Page  77,  line  34  [Clause  135],  leave out from ‘decision’ to ‘for’ in line 36 and

insert ‘about sixth form education for the child,’.

Secretary Ed Balls

122

Page  77,  line  38  [Clause  135],  at end insert—

‘( )
After subsection (6) insert—

“(6A)
In this section, any reference to a decision about sixth form education for

a child is a reference to a decision—

(a)
made in relation to a preference expressed in accordance with

arrangements made under section 86A(1) as to where education

should be provided for the child, or

(b)
refusing permission for the child to enter the sixth form of the

school to which he has been admitted.” ’.

Secretary Ed Balls

123

Page  86,  line  10  [Clause  147],  at end insert—

‘( )
Nothing in Schedule 1 or 2, so far as relating to the substitution of references to

the Welsh Ministers for references to the Secretary of State in sections 89 to 90

of the School Standards and Framework Act 1998 (c. 31), is to be taken to affect

the application of those sections, or anything done under or for the purposes of

those sections, in relation to Wales.’.

Secretary Ed Balls

124

Page  87,  line  36  [Clause  153],  leave out ‘of this Act’.

Secretary Ed Balls

125

Page  87,  line  38  [Clause  153],  leave out from ‘65’ to end of line 40.

Secretary Ed Balls

126

Page  88,  line  3  [Clause  153],  leave out paragraph (f) and insert—

‘( )
paragraphs 62 to 64 and 66 of Schedule 1 (and section 149 so far as

relating to those paragraphs);

( )
the repeal in Schedule 2 relating to section 140 of the Learning and Skills

Act 2000 (c. 21) (and section 149 so far as relating to that repeal).’.

Secretary Ed Balls

127

Page  88,  line  4  [Clause  153],  leave out ‘Sections 133 and 144’ and insert ‘The

following provisions’.

Secretary Ed Balls

128

Page  88,  line  5  [Clause  153],  at end insert—

‘(a)
section 133;

Notices of Amendments: 1st May 2008
1922

Education and Skills Bill, continued

(b)
section [Admission arrangements](1) and (4), so far as relating to

sections 88P and 88Q of the School Standards and Framework Act 1998

(c. 31);

(c)
section 144.’.

Secretary Ed Balls

129

Page  92,  line  9  [Schedule  1],  at end insert—

  ‘(1)
Section 548 (no right to give corporal punishment) is amended as follows.

      (2)
In subsection (1)—

(a)
in paragraph (a), for “school” substitute “relevant educational

institution”;

(b)
in paragraphs (b) and (c), for “school” substitute “a relevant

educational institution”.

      (3)
In subsection (2) for “school” substitute “relevant educational institution”.

      (4)
In subsection (6)—

(a)
in paragraph (a) for “school” substitute “relevant educational

institution”;

(b)
in paragraph (b)(i) for “school” substitute “institution”.

      (5)
After subsection (7) insert—

“(7A)
“Relevant educational institution” means—

(a)
a school, or

(b)
an independent educational institution in England other than a

school.

(7B)
In subsection (7A)(b) “independent educational institution” has the

same meaning as in Chapter 1 of Part 4 of the Education and Skills Act

2008 (see section 77 of that Act).”’.

Secretary Ed Balls

130

Page  97,  line  26  [Schedule  1],  at end insert—

‘Local Government Act 1972 (c. 70)


In section 177(1A) of the Local Government Act 1972 (c. 70) (allowances:

supplementary provisions), after paragraph (c) insert “and

(d)
regulations made by virtue of section 42(4) of the Education

and Skills Act 2008 (allowances for attendance panels).” ’.

Secretary Ed Balls

131

Page  98,  line  38  [Schedule  1],  at end insert—

‘
In section 439 (school attendance: specification of schools), in subsection (2),

after “section” insert “88C or”.’.

Secretary Ed Balls

132

Page  99,  line  32  [Schedule  1],  at end insert—

      ‘()
In subsection (5), after “section” insert “88C or”.

      ()
In subsection (5A)—