House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Consideration of Bill: 13th May 2008
2097

Education and Skills Bill, continued

(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—

“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”.

Consideration of Bill: 13th May 2008
2098

Education and Skills Bill, continued


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—

“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—

Consideration of Bill: 13th May 2008
2099

Education and Skills Bill, continued

‘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—

‘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).’.

Consideration of Bill: 13th May 2008
2100

Education and Skills Bill, continued

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.’.

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).’.

Order of the House [14th January 2008]

That the following provisions shall apply to the Education and Skills Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Consideration of Bill: 13th May 2008
2101

Education and Skills Bill, continued

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 28th February 2008.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

programme No. 2 (motion)

That the Order of 14th January 2008 (Education and Skills Bill (Programme)) be varied

as follows:

1.
Paragraphs 4 and 5 of the Order shall be omitted.

2.
Proceedings on consideration shall be taken in the order shown in the first

column of the following Table.

3.
The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

TABLE

Proceedings
Time for conclusion of proceedings

New Clauses other than those relating
Two hours after the commencement

to Part 1 or to duties of local
of proceedings on the Motion for this

education authorities in relation to the
Order

provision of education and training

New Clauses, and amendments to
Three hours after the commencement

Clauses, relating to the application of
of proceedings on the Motion for this

Part 1 to persons in Wales
Order

Remaining proceedings on
One hour before the moment of

consideration
interruption

4.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption.