House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 13th May 2008
2090

Education and Skills Bill, continued

91

Page  40,  line  8  [Clause  68],  at end insert—

‘(2)
The Secretary of State shall commission an independent review into the

effectiveness of the transport arrangements of local authorities, schools and

colleges resulting from the entitlement to study each of the diploma lines.’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Adam Afriyie

Tim Loughton

Total signatories: 9

92

Page  40,  line  8  [Clause  68],  at end insert—

‘(2)
This section may not come into force before the Secretary of State has published

the research conducted by York Consulting into the transport needs arising from

the introduction of diplomas.’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Adam Afriyie

Tim Loughton

Total signatories: 9

93

Page  50,  line  11  [Clause  80],  at end insert—

‘(4)
This section may not come into force before the Secretary of State has published

a report setting out his estimate of the efficiency savings expected to be derived

from transferring the registration and regulation of independent schools from his

department to Ofsted, together with an analysis of the costs.’.

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.

Secretary Ed Balls

115

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

Consideration of Bill: 13th May 2008
2091

Education and Skills Bill, continued

‘(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).

Consideration of Bill: 13th May 2008
2092

Education and Skills Bill, continued

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’.

Secretary Ed Balls

121

Page  77,  line  34  [Clause  135],  leave out from ‘decision’ to first ‘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

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).’.

Consideration of Bill: 13th May 2008
2093

Education and Skills Bill, continued

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;

(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.’.

Mr Oliver Heald

28

Page  88,  line  24  [Clause  153],  at end insert—

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

provision 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.’.

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).”’.

Consideration of Bill: 13th May 2008
2094

Education and Skills Bill, continued

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)—

(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.

Consideration of Bill: 13th May 2008
2095

Education and Skills Bill, continued

(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.

      (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)—

Consideration of Bill: 13th May 2008
2096

Education and Skills Bill, continued

(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”.


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”;