House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 13th May 2008
2062

Education and Skills Bill, continued

(2)
The local education authority shall be obliged to issue quarterly reports to each

student council, and to respond to any comments received from each council.

(3)
The Secretary of State shall issue regulations relating to the composition and

election of a student council, and to respond to any comments received from each

council.

(4)
In this section “educational institution” has the same meaning as in section 13.’.

Careers education

Mr John Hayes

Michael Gove

Mr David Willetts

Mr Nick Gibb

Adam Afriyie

Tim Loughton

Total signatories: 9

NC17

To move the following Clause:—

‘The Secretary of State shall commission an independent review into the

effectiveness of the provision of careers advice in England and the

appropriateness of a single all-age advice and guidance service as established in

Scotland, Wales and Northern Ireland.’.

Selection by aptitude

Mr David Laws

Stephen Williams

NC18

To move the following Clause:—

‘(1)
No new or existing maintained school shall select pupils by aptitude.

(2)
For the purposes of this section, “maintained school” includes all Academies,

Specialist, Trust or Foundation Schools.’.

Parental right to secure attendance at nearest school

Mr David Chaytor

NC19

To move the following Clause:—

‘(1)
The Secretary of State shall by regulations make such provision as he considers

necessary which may include the repeal, amendment or revocation of any

Consideration of Bill: 13th May 2008
2063

Education and Skills Bill, continued

legislation enacted prior to the coming into effect of this Act, for the purposes of

giving full effect to the principle set out in subsection (2).

(2)
The principle referred to in subsection (1) is that the admission authority for each

maintained school, following the commencement of a school year on or after 1st

August 2011, shall admit all pupils on whose behalf the parent has stated a

preference and demonstrated that the school is the nearest to the pupil’s home.’.

Retention of selection by ability or aptitude after parent ballot

Mr David Chaytor

Paul Holmes

NC20

To move the following Clause:—

‘(1)
The Secretary of State shall by regulations make such provision as he considers

necessary which may include the repeal, amendment or revocation of any

legislation enacted prior to the coming into effect of this Act, for the purposes of

giving full effect to the principle set out in subsection (2).

(2)
The principle referred to in subsection (1) is that no admission arrangements for

any school providing secondary education may, following the commencement of

a school year on or after 1st August 2011 continue to make provision for the

selection of pupils by ability or aptitude other than under section 101 of the

School Standards and Framework Act 1998 (Permitted selection: pupil banding)

unless the continuation of such selection has been approved in a ballot of parents

of pupils attending primary schools from which such pupils may by choice of

their parents transfer.’.

Abolition of selection by ability before the age of 14

Mr David Chaytor

Paul Holmes

NC21

To move the following Clause:—

‘(1)
The Secretary of State shall by regulations make such provision as he considers

necessary which may include the repeal, amendment or revocation of any

legislation enacted prior to the coming into effect of this Act, for the purposes of

giving full effect to the principle set out in subsection (2).

(2)
The principle referred to in subsection (1) is that no admission arrangements for

any school providing secondary education shall, following the commencement of

a school year on or after 1st August 2011 make provision for the selection of

pupils under the age of 14 years by ability or aptitude other than under section 101

of the School Standards and Framework Act 1998 (Permitted selection: pupil

banding).’.

Consideration of Bill: 13th May 2008
2064

Education and Skills Bill, continued

School admissions: cessation of selection

Mr David Chaytor

Paul Holmes

NC22

To move the following Clause:—

‘After the school year commencing on or after 1st August 2011, the following

shall cease to have effect—

(1)
sections 99 to 100, and 102 to 109 of the School Standards and Framework Act

1998 (c.31), and

(2)
subsection (1)(b) of section 39 of the Education and Inspections Act 2006

(c.40).’.

amendments to Clauses relating to the application of Part 1 to persons in

Wales

Nia Griffith

149

Page  1,  line  7  [Clause  1],  after ‘England’, insert ‘and Wales’.

remaining proceedings on consideration

Learning and support contracts

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mr David Laws

Angela Watkinson

Total signatories: 7

NC6

To move the following Clause:—

‘(1)
This section applies where a person to whom this Part applies (“the young

person”) is failing to fulfil the duty imposed by section 2.

(2)
A local education authority in England may enter into a learning and support

contract with the young person if—

(a)
the young person is resident in England, and

(b)
the authority considers that entering into the learning and support

contract would be desirable in the interests of the young person’s

fulfilment of that duty.

(3)
A learning and support contract is a document which contains—

(a)
a statement by the young person that the young person agrees to comply

with such requirements as may be specified in the document for such

period as so may be specified, and

Consideration of Bill: 13th May 2008
2065

Education and Skills Bill, continued

(b)
a statement by the local education authority that it agrees to provide

support to the young person for the purpose of complying with those

requirements.

(4)
A learning and support contract must be signed by the young person, and signed

on behalf of the local education authority.

(5)
A learning and support contract does not create any obligations in respect of

whose breach any liability arises in contract or tort.’.

Learning and support contracts (No. 2)

Mr David Laws

Stephen Williams

NC9

To move the following Clause:—

‘(1)
This section applies where a person to whom this Part applies (“the young

person”) is failing to fulfil the duty imposed by section 2.

(2)
A local education authority in England may enter into a learning and support

contract with a young person—

(a)
if the young person is resident in that authority’s area; and

(b)
the authority considers that entering into the learning and support

contract would be desirable in the interests of the young person’s

fulfilment of that duty.

(3)
A learning and support contract is a document which contains—

(a)
a statement by the young person that the young person agrees to comply

with such requirements as may be specified in the document for such

period as so may be specified; and

(b)
a statement by the local education authority that it agrees to provide

support to the young person for the purpose of complying with those

requirements.

(4)
A learning and support contract must be signed by the young person, and signed

on behalf of the local education authority.

(5)
A learning and support contract does not create any obligations in respect of

whose breach any liability arises in contract or tort.’.

Duty to assess education and training provision

Mr David Laws

Stephen Williams

NC10

To move the following Clause:—

‘(1)
A local education authority in England must prepare assessments of the

sufficiency of the provision of education and training provision in their area

(“education and training assessments”).

Consideration of Bill: 13th May 2008
2066

Education and Skills Bill, continued

(2)
The first education and training assessment must be prepared before the end of

the period of one year beginning with the commencement of this section.

(3)
Subsequent education and training assessments must be prepared at intervals not

exceeding three years.

(4)
The authority must keep an education and training assessment prepared by them

under review until the education and training assessment is superseded by a

further education and training assessment.

(5)
Regulations may make provision requiring an education and training

assessment—

(a)
to deal with prescribed matters, or be prepared according to prescribed

criteria;

(b)
to be in the prescribed form; and

(c)
to be published in the prescribed manner.

(6)
In preparing an education and training assessment and keeping it under review, a

local education authority in England must—

(a)
consult such persons, or persons of such a description, as may be

prescribed; and

(b)
have regard to any guidance given from time to time by the Secretary of

State.’.

Duty to secure sufficient and diverse education and training provision

Mr David Laws

Stephen Williams

NC11

To move the following Clause:—

‘(1)
A local education authority in England must secure, as far as is reasonably

practicable, that the provision of education and training is sufficient to meet the

requirements of young persons in their area.

(2)
In determining for the purposes of subsection (1) whether the provision of

education and training is sufficient to meet those requirements, a local

authority—

(a)
must have regard to the needs of young persons in their area for a diverse

range of academic and vocational provision,

(b)
must have regard to the provision of education and training which is

suitable for disabled young persons and those with learning difficulties,

and

(c)
may have regard to any education and training which they expect to be

available outside their area.

(3)
In discharging its duty under subsection (1), a local education authority must have

regard to any guidance given from time to time by the Secretary of State.

(4)
The Secretary of State may by order amend subsection (2) so as to modify the

matters to which a local education authority must or may have regard in

determining whether the provision of education and training is sufficient.

(5)
In this section—

“young person” means a person aged 16 to 18 years;

Consideration of Bill: 13th May 2008
2067

Education and Skills Bill, continued

“disabled young person” means a young person who has a disability for the

purposes of the Disability Discrimination Act 1995 (c. 50).’.

Annual consultation with employers’ organisations

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Adam Afriyie

Tim Loughton

Total signatories: 9

NC13

To move the following Clause:—

‘On each anniversary of the coming into force of Chapter 3 of Part 1 of this Act,

the Secretary of State shall consult—

(a)
the Confederation of British Industry,

(b)
the Institute of Directors,

(c)
the British Chambers of Commerce, and

(d)
the Federation of Small Businesses,

to assess the effect the provisions in this Chapter have had in the previous twelve

months, on the employment market for 16 and 17 year old people.’.

Additional education maintenance allowance: orphans

Philip Davies

NC16

To move the following Clause:—

‘The Secretary of State shall by regulations make provision for all local education

authorities to provide all orphans resident within their area with an allowance, in

addition to any other benefits they receive, of no less than £100 per week and no

more than £200 per week (to increase in accordance with the Retail Price Index

each year) if they carry on in full-time education from the age of 16 until the age

of 21.’.

Participation in vocational education

Philip Davies

NC23

To move the following Clause:—

Consideration of Bill: 13th May 2008
2068

Education and Skills Bill, continued

‘(1)
A pupil who has completed three years of secondary education may leave school

in order to pursue full-time vocational education elsewhere if the conditions in

subsection (2) are satisfied.

(2)
Those conditions are that the pupil—

(a)
has the written permission of their parent or guardian not to continue in

full-time education at school;

(b)
has the written permission of the head teacher of the school at which they

are registered as a pupil not to continue in full-time education at school;

and

(c)
has achieved level 5 at key stage 3 in English, mathematics and science.’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Adam Afriyie

Tim Loughton

Total signatories: 9

45

Page  1,  line  7  [Clause  1],  at beginning insert—

‘(1)
This Part does not apply to any person who—

(a)
has full time learning responsibilities for a parent, sibling or other

relation,

(b)
is a parent of a child under the age of 5,

(c)
is engaged in full time voluntary work,

(d)
has an illness requiring significant medical attention, or

(e)
has a terminal illness.’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Adam Afriyie

Tim Loughton

Total signatories: 9

43

Page  1,  line  7  [Clause  1],  leave out ‘is resident’ and insert ‘lives’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Adam Afriyie

Tim Loughton

Total signatories: 9

44

Page  1,  line  7  [Clause  1],  leave out ‘is resident’ and insert ‘currently resides’.