House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 8th May 2008
1979

Education and Skills Bill, continued

88N
Further provision about schemes adopted or made by virtue of section

88M

(1)
Regulations may make provision about the contents of schemes under
450
section 88M(2), including provision about the duties that may be

imposed by such schemes on—

(a)
local education authorities in England, and

(b)
the admission authorities for maintained schools in England.

(2)
Regulations may provide that where a local education authority in
455
England or the governing body of a maintained school in England have,

in such manner as may be prescribed, adopted a scheme formulated by a

local education authority for the purpose mentioned in section

88M(1)(a), sections 496 and 497 of the Education Act 1996 (c. 56) are to

apply as if any obligations imposed on the local education authority or
460
governing body under the scheme were duties imposed on them by that

Act.

(3)
Regulations may provide that where any decision as to whether a child is

to be granted or refused admission to a maintained school in England

falls to be made in prescribed circumstances, the decision must, if a
465
scheme adopted or made by virtue of section 88M so provides, be made

by the local education authority regardless of whether they are the

admission authority for the school.

(4)
Where any decision as to whether a child is to be granted or refused

admission to a maintained school is (by virtue of regulations under
470
subsection (3)) made by the local education authority although they are

not the admission authority, the governing body of the school must

implement the decision.

(5)
Before proposing a scheme for adoption under section 88M(1) a local

education authority must comply with such requirements as to
475
consultation as may be prescribed.

(6)
Regulations under subsection (5) may in particular require consultations

to be undertaken with a view to securing that the arrangements for the

admission of pupils to maintained schools in the areas of different local

education authorities are, so far as is reasonably practicable, compatible
480
with each other.

(7)
Before making a scheme under section 88M(2) in relation to the area of

any local education authority, the Secretary of State must consult—

(a)
the local education authority, and

(b)
any governing body who are the admission authority for a school
485
which appears to the Secretary of State to be a school to which

the scheme will apply.

(8)
A scheme made under section 88M(2) may be varied or revoked by the

Secretary of State.

88O
Sharing of information by local education authorities
490
The Secretary of State may by regulations require local education

authorities in England to provide other local education authorities with

such information as may be required by them in connection with the

exercise of any of their functions under this Chapter.

Notices of Amendments: 8th May 2008
1980

Education and Skills Bill, continued

88P
Reports by local education authorities to adjudicator
495
(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—
500
(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
505
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,
510
(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
515
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
520
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—
525
(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
530
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
535
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
540
for the purpose of enabling the authority to fulfil their duties under

section 88P.

Notices of Amendments: 8th May 2008
1981

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)
545
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—
550
(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,
555
(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.’.

As Amendments to Secretary Ed Balls’ proposed New Clause (Admission

arrangements) (NC14):—

Mr David Chaytor

Paul Holmes

(a)

Line  10,  after ‘schools’, insert ‘and academies’.

Mr David Chaytor

Paul Holmes

(b)

Line  17,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(c)

Line  42,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(d)

Line  56,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(e)

Line  244,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(f)

Line  337,  after ‘school’, insert ‘and academy’.

Notices of Amendments: 8th May 2008
1982

Education and Skills Bill, continued

Mr David Chaytor

Paul Holmes

(g)

Line  362,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(h)

Line  405,  after ‘schools’, insert ‘and academies’.

Mr David Chaytor

Paul Holmes

(i)

Line  408,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(j)

Line  413,  after ‘schools’, insert ‘and academies’.

Mr David Chaytor

Paul Holmes

(k)

Line  427,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(l)

Line  432,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

(m)

Line  494,  at end insert ‘and admission forum’.

Mr David Chaytor

Paul Holmes

(n)

Line  527,  at end insert—

‘(d)
the number and percentages of first, second and third preferences

expressed in accordance with arrangements made under section 86(1) of

the School Standards and Framework Act (or more if applicable) which

were met and the main factors that affected whether such preferences

were met;

(e)
the number of appeals made to the appeal panel within the area of the

authority;

(f)
the ethnic and social mix of pupils attending schools in the area of the

authority and the factors that affect this;

(g)
the extent to which existing and proposed admission arrangements serve

the interests of looked after children, children with disabilities and

children with special educational needs;

(h)
how well the admission forum protocol has worked and how many

children have been admitted to each school under the protocol;

Notices of Amendments: 8th May 2008
1983

Education and Skills Bill, continued

(i)
whether primary schools are meeting their statutory duties in relation to

infant class sizes;

(j)
details of other matters that might affect how fairly admission

arrangements serve the interests of children and parents within the

authority; and

(k)
any recommendation or recommendations that the forum wishes to make

in order to improve parental choice and access to education in the area of

the authority.’.

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

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 state a

preference and demonstrated that the shcool 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

Notices of Amendments: 8th May 2008
1984

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 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).’.

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 22011, 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).’.