House of Commons Amendments

House of Commons

Session 2007 - 08
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Notices of Amendments: 1st May 2008
1923

Education and Skills Bill, continued

(a)
after “under section” insert “88C or”;

(b)
for “paragraphs (a) and (b) of section 89A(2)” substitute “section

88D(2)(a) and (b) or 89A(2)(a) and (b)”.

      ()
In subsection (5B)(a) and (b), after “section” insert “88C or”.’.

Secretary Ed Balls

133

Page  99,  line  38  [Schedule  1],  at end insert—

‘
After section 88Q (inserted by section [Admission arrangements]) insert—

“Admission arrangements: Wales

88R
Prohibition on interviews

(1)
No admission arrangements for a maintained school in Wales may

require or authorise any interview with an applicant for admission to

the school or his parents, where the interview is to be taken into

account (to any extent) in determining whether the applicant is to be

admitted to the school.

(2)
If the maintained school is one at which boarding accommodation is

provided for pupils, subsection (1) does not apply in relation to any

interview intended to assess the suitability of an applicant for a

boarding place.

(3)
Where the admission arrangements for a maintained school in Wales

make provision for a permitted form of selection by aptitude,

subsection (1) does not prevent the arrangements from requiring or

authorising any audition or other oral or practical test to be carried out

in relation to an applicant solely for the purpose of ascertaining the

applicant’s aptitude in accordance with the arrangements.

(4)
In this section “permitted form of selection by aptitude” is to be read

in accordance with section 99(4).” ’.

Secretary Ed Balls

134

Page  99,  line  39  [Schedule  1],  leave out paragraph 58 and insert—

‘   (1)
Section 89 (procedure for determining admission arrangements) is amended as

follows.

      (2)
In subsection (1), after “maintained school” insert “in Wales”.

      (3)
Omit subsections (1ZA) and (1A).

      (4)
In subsection (5), for “the adjudicator” substitute “the Welsh Ministers”.

      (5)
In subsection (6)—

(a)
for “The adjudicator” substitute “The Welsh Ministers”;

(b)
for “he determines” substitute “they determine”;

(c)
for “he may determine” substitute “they may determine”;

(d)
in paragraph (a), for “his” substitute “their”.

      (6)
Omit subsection (7).

      (7)
In subsection (8)(g), for “the Secretary of State considers” substitute “the

Welsh Ministers consider”.

      (8)
In subsection (10) omit paragraph (b).

    (1)
Section 89A (determination of admission numbers) is amended as follows.

Notices of Amendments: 1st May 2008
1924

Education and Skills Bill, continued

      (2)
In subsection (1), after “maintained school” insert “in Wales”.

      (3)
In subsection (3), after “maintained school” insert “in Wales”.’.

Secretary Ed Balls

135

Page  100,  line  1  [Schedule  1],  leave out ‘In section’ and insert—

    ‘(1)
Section’.

Secretary Ed Balls

136

Page  100,  line  1  [Schedule  1],  leave out ‘after’ and insert ‘is amended as follows.

      (2)
In subsection (1), after “authority” insert “in Wales”.

      (3)
In subsection (2)—

(a)
for “the Secretary of State” substitute “the Welsh Ministers”;

(b)
after “authority” insert “in Wales”.

      (4)
In subsection (3)(b)—

(a)
for “the Secretary of State” substitute “the Welsh Ministers”;

(b)
for “him” substitute “them.

      (5)
In subsection (4)—

(a)
for “The Secretary of State” substitute “The Welsh Ministers”;

(b)
after “authorities” in the first place in which it occurs, insert “in

Wales”;

(c)
for “them” substitute “such other authorities”.

      (6)
In subsection (5)—

(a)
in paragraph (a), after “authority” in the first place in which it occurs

insert “in Wales”;

(b)
in paragraph (b), after “maintained school” insert “in Wales”.

      (7)
After’.

Secretary Ed Balls

137

Page  100,  line  4  [Schedule  1],  after ‘schools’ insert ‘in Wales’.

Secretary Ed Balls

138

Page  100,  line  9  [Schedule  1],  at end insert—

‘   (1)
Section 89C (further provision about schemes adopted or made by virtue of

section 89B) is amended as follows.

      (2)
In subsection (1)—

(a)
in paragraph (a), after “local education authorities” insert “in Wales”;

(b)
in paragraph (b), after “maintained schools” insert “in Wales”.

      (3)
In subsection (2)—

(a)
after “local education authority” in the first place where it occurs,

insert “in Wales”, and

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

      (4)
In subsections (3) and (3A), after “a maintained school” insert “in Wales”.

      (5)
In subsections (6) and (7), for “the Secretary of State” in each place substitute

“the Welsh Ministers”.

Notices of Amendments: 1st May 2008
1925

Education and Skills Bill, continued


Omit section 89D (power to restrict alteration of admission arrangements

following establishment or expansion).

    (1)
Section 90 (reference of objections to adjudicator or Secretary of State) is

amended as follows.

      (2)
In the title, for “adjudicator or Secretary of State” substitute “Welsh

Ministers”.

      (3)
In subsections (1) and (2), for “the adjudicator” substitute “the Welsh

Ministers”.

      (4)
After subsection (2) insert—

“(2A)
Where any objection is referred to the Welsh Ministers, they shall

decide whether, and (if so) to what extent, the objection should be

upheld.”

      (5)
Omit subsections (3) to (5).

      (6)
In subsection (5A)—

(a)
for “the adjudicator or the Secretary of State is” substitute “the Welsh

Ministers are”;

(b)
for “subsection (3)(a) or (b) or (5)(c)” substitute “(2A)”;

(c)
for “he” (in both places) substitute “they”.

      (7)
In subsection (5B)—

(a)
for “him” substitute “them”;

(b)
for “the adjudicator or the Secretary of State (as the case may be)”

substitute “the Welsh Ministers”;

(c)
in paragraphs (a), (b) and (d), for “his” substitute “their”;

(d)
in paragraph (b) for “he has” substitute “they have”;

(e)
omit paragraph (c);

(f)
in paragraph (d), for “to (c)” substitute “and (b)”.

      (8)
In subsection (5C)—

(a)
for “the adjudicator or the Secretary of State (as the case may be)

decides” substitute “the Welsh Ministers decide”;

(b)
for “his” substitute “their”.

      (9)
In subsection (8)—

(a)
for “the adjudicator or the Secretary of State” (in both places)

substitute “the Welsh Ministers”;

(b)
for “has” substitute “have”.

    (10)
In subsection (9)—

(a)
in paragraph (a)—

(i)
for “the adjudicator or the Secretary of State” (in sub-

paragraphs (i) and (ii)) substitute “the Welsh Ministers”;

(ii)
in sub-paragraph (ii), for “is” substitute “are” and for “him”

substitute “them”;

(b)
in paragraph (b), for “the adjudicator or the Secretary of State”

substitute “the Welsh Ministers”;

(c)
omit paragraph (ba);

(d)
in paragraphs (e) and (f), for “the adjudicator or the Secretary of State”

substitute “the Welsh Ministers”.

    (11)
In subsection (11), omit paragraph (b).


After section 90 insert—

Notices of Amendments: 1st May 2008
1926

Education and Skills Bill, continued

“90ZA
Regulations by Welsh Ministers under sections 89 to 90

In sections 89 to 90—

“prescribed” means prescribed by regulations made by the Welsh

Ministers;

“regulations” means regulations made by the Welsh Ministers.”


Omit section 90A (restrictions on alteration of admission arrangements

following adjudicator’s decision).


Before section 92 insert—

"Publication of information about admissions: England and Wales" ’.

Secretary Ed Balls

139

Page  100,  line  18  [Schedule  1],  at end insert—

‘   (1)
Section 98 (admission for nursery education or to nursery or special school:

children with statements of special educational needs) is amended as follows.

      (2)
In subsection (2)—

(a)
in paragraph (a), after “section” insert “88C or”;

(b)
in paragraph (b), after “section” insert “88D or”.

      (3)
In subsection (9)(b), after “section” insert “88C or”.


In section 103 (permitted selection: introduction, variation or abandonment of

provision for such selection), in subsection (1), after “sections” insert “88C to

88K or, as the case may be,”.


In section 108 (implementation of decision that school should cease to have

selective admission arrangements), in subsection (2), after “sections” insert

“88C to 88K or, as the case may be,”.’.

Secretary Ed Balls

140

Page  100,  line  18  [Schedule  1],  at end insert—


After section 138 insert—

“138A
Regulations made by Welsh Ministers under sections 89 to 90

(1)
Any power of the Welsh Ministers to make regulations under sections

89 to 90 shall be exercisable by statutory instrument.

(2)
A statutory instrument containing any such regulations made by the

Welsh Ministers shall be subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(3)
Any such regulations may make different provision for different cases,

circumstances or areas and may contain such incidental, supplemental,

saving or transitional provisions as the Welsh Ministers think fit.”


In section 142(1) (general interpretation)—

(a)
in the definition of “prescribed”, after ““prescribed”” insert “(except

in sections 89 to 90)”;

(b)
in the definition of “regulations”, after ““regulations”” insert “(except

in sections 89 to 90)”.

    (1)
Section 143 (index) is amended as follows.

      (2)
For the entry relating to “prescribed” substitute—

Notices of Amendments: 1st May 2008
1927

Education and Skills Bill, continued

“prescribed

    (generally)
section 142(1)

    (in sections 89 to 90)
section 90ZA”.

      (3)
For the entry relating to “regulations” substitute—

“regulations

    (generally)
section 142(1)

    (in sections 89 to 90)
section 90ZA”.’.

Secretary Ed Balls

141

Page  100,  line  41  [Schedule  1],  at end insert—

‘Tax Credits Act 2002 (c. 21)


Omit paragraph 10 of Schedule 5 to the Tax Credits Act 2002 (c. 21)

(provision of information by HMRC for education purposes).’.

Secretary Ed Balls

142

Page  101,  line  5  [Schedule  1],  at end insert—

‘Sexual Offences Act 2003 (c. 42)


In section 21 of the Sexual Offences Act 2003 (c. 42) (positions of trust), in

subsection (7), for paragraph (b) substitute—

“(b)
section 54, 56(1)(b) or 59 of the Education and Skills Act

2008,”.

Children Act 2004 (c. 31)


The Children Act 2004 (c. 31) is amended as follows.


In section 10 (co-operation to improve well-being), in subsection (4)(f), for

“under section 114 of the Learning and Skills Act 2000 (c. 21)” substitute “in

pursuance of section 54 of the Education and Skills Act 2008”.


In section 11 (arrangements to safeguard and promote welfare), in subsection

(1)(m), for “under section 114 of the Learning and Skills Act 2000 (c. 21)”

substitute “in pursuance of section 59 of the Education and Skills Act 2008”.


In section 13(3)(g) (Local Safeguarding Children’s Boards), for “under section

114 of the Learning and Skills Act 2000 (c. 21)” substitute “in pursuance of

section 54 of the Education and Skills Act 2008”.’.

Secretary Ed Balls

143

Page  101,  line  13  [Schedule  1],  at end insert—

Notices of Amendments: 1st May 2008
1928

Education and Skills Bill, continued

‘Safeguarding Vulnerable Groups Act 2006 (c. 47)


In section 21 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)

(controlled activity relating to children), in subsection (6)(b), for “section

117(1) of the Learning and Skills Act 2000 (c. 21)” substitute “section 57 of

the Education and Skills Act 2008 relating to children”.’.

Secretary Ed Balls

144

Page  101,  line  16  [Schedule  2],  at end insert—

‘Local Government Act 1972
In section 177(1A), the word “and” preceding

(c. 70)
paragraph (c).’.

Secretary Ed Balls

145

Page  101,  line  30  [Schedule  2],  at end insert—

‘In section 89—

(a)
subsections (1ZA), (1A) and (7), and

(b)
in subsection (10), paragraph (b) and the

word “and” preceding it.

Section 89D.

In section 90—

(a)
subsections (3) to (5),

(b)
in subsection (5B), paragraph (c) (but not the

word “and” following it),

(c)
subsection (9)(ba), and

(d)
in subsection (11), paragraph (b) and the

word “and” preceding it.

Section 90A.’.

Secretary Ed Balls

146

Page  101,  line  38  [Schedule  2],  at end insert—

‘Tax Credits Act 2002 (c. 21)
In Schedule 5, paragraph 10.’.

Secretary Ed Balls

147

Page  102,  line  34  [Schedule  2],  at end insert—

‘Section 106.’.

Notices of Amendments: 1st May 2008
1929

Education and Skills Bill, continued

Secretary Ed Balls

148

Page  102,  line  38  [Schedule  2],  in column 2, at beginning insert—

‘Section 46.

Section 47(5)(a).

Section 50(3).

Section 52(2).’.