House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

17
94
Page 58, line 6, leave out second “Chief Inspector” and insert “Secretary of State”
95
Page 58, line 9, leave out “Chief Inspector” and insert “Secretary of State”
Clause 101
96
Page 58, line 13, leave out “Chief Inspector” and insert “Secretary of State”
97
Page 58, line 17, leave out paragraph (a)
98
Page 58, line 18, after “by” insert “the Chief Inspector or”
99
Page 58, line 21, leave out “Chief Inspector” and insert “Secretary of State”
100
Page 58, line 25, leave out “Chief Inspector” and insert “Secretary of State”
101
Page 58, line 29, leave out “Chief Inspector” and insert “Secretary of State”
102
Page 58, line 34, leave out “Chief Inspector” and insert “Secretary of State”
103
Page 58, line 41, leave out “Chief Inspector” and insert “Secretary of State”
Clause 102
104
Page 59, line 2, leave out “Chief Inspector” and insert “Secretary of State”
105
Page 59, line 3, leave out “Chief Inspector” and insert “Secretary of State”
106
Page 59, line 6, leave out “Chief Inspector” and insert “Secretary of State”
Clause 103
107
Page 59, line 25, leave out “Chief Inspector” and insert “Secretary of State”
108
Page 59, line 26, leave out “Chief Inspector” and insert “Secretary of State”
Clause 104
109
Page 59, line 33, leave out “Chief Inspector” and insert “Secretary of State”
110
Page 59, line 41, leave out “Chief Inspector” and insert “Secretary of State”
111
Page 59, line 43, leave out “Chief Inspector” and insert “Secretary of State”
112
Page 60, line 2, leave out “Chief Inspector” and insert “Secretary of State”
113
Page 60, line 5, leave out “Chief Inspector” and insert “Secretary of State”
Clause 105
114
Page 60, line 11, leave out “Chief Inspector” and insert “Secretary of State”
115
Page 60, line 18, leave out “Chief Inspector” and insert “Secretary of State”
116
Page 60, line 20, leave out “Chief Inspector’s” and insert “Secretary of State’s”
Clause 106
117
Page 60, line 32, leave out “Chief Inspector” and insert “Secretary of State”
118
Page 61, line 2, leave out “Chief Inspector” and insert “Secretary of State”

18
119
Page 61, line 6, leave out “Chief Inspector” and insert “Secretary of State”
Clause 108
120
Page 61, line 23, leave out “Chief Inspector” and insert “Secretary of State”
121
Page 61, line 26, leave out “Chief Inspector” and insert “Secretary of State”
122
Page 61, line 31, leave out “Chief Inspector” and insert “Secretary of State”
123
Page 61, line 33, leave out “Chief Inspector” and insert “Secretary of State”
Clause 109
124
Page 61, line 42, leave out “the Chief Inspector or”
125
Page 62, line 9, leave out “Chief Inspector” and insert “Secretary of State”
126
Page 62, line 18, leave out “Chief Inspector” and insert “Secretary of State”
127
Page 62, line 21, leave out “Chief Inspector” and insert “Secretary of State”
Clause 110
128
Page 62, line 30, leave out “Chief Inspector” and insert “Secretary of State”
129
Page 63, line 4, leave out “Chief Inspector” and insert “Secretary of State”
130
Page 63, line 6, leave out “Chief Inspector” and insert “Secretary of State”
131
Page 63, line 7, leave out from second “the” to end of line 8 and insert “First-tier

Tribunal.”
Clause 111
132
Page 63, line 11, leave out “Chief Inspector” and insert “Secretary of State”
133
Page 63, line 21, leave out “Chief Inspector” and insert “Secretary of State”
134
Page 63, line 24, leave out “Chief Inspector’s” and insert “Secretary of State’s”
Clause 112
135
Page 64, line 11, leave out “Chief Inspector” and insert “Secretary of State”
136
Page 64, line 13, leave out “Chief Inspector” and insert “Secretary of State”
137
Page 64, line 20, leave out “Chief Inspector” and insert “Secretary of State”
Clause 113
138
Page 64, line 27, leave out from “with” to “or” in line 28 and insert “Tribunal

Procedure Rules”
139
Page 64, line 28, leave out “Chief Inspector” and insert “Secretary of State”
Clause 114
140
Page 65, line 22, leave out “Chief Inspector” and insert “Secretary of State”

19

Clause 116
141
Page 65, line 38, leave out “Chief Inspector, the Chief Inspector” and insert

“Secretary of State, the Secretary of State”
142
Page 65, line 40, leave out from “which” to end of line 41 and insert “appears to the

Secretary of State to be relevant to the exercise of the appropriate authority’s

functions under section 114 or by virtue of section 115.”
143
Page 66, line 4, leave out “Secretary of State” and insert “Chief Inspector”
144
Page 66, line 5, leave out from “which” to second “to” in line 6 and insert “appears

to the Chief Inspector”
145
Page 66, line 14, leave out “Secretary of State” and insert “Chief Inspector”
146
Page 66, line 15, leave out “Chief Inspector, the Chief Inspector” and insert

“Secretary of State, the Secretary of State”
Clause 117
147
Page 66, line 21, leave out first “Chief Inspector” and insert “Secretary of State”
148
Page 66, line 21, leave out second “Chief Inspector” and insert “Secretary of State”
Clause 120
149
Page 68, line 4, leave out “the Chief Inspector or”
After Clause 124
150
Insert the following new Clause—

“Transitional provision


Continuity of the law

(1)
This section applies where—

(a)
by virtue of one or more amendments made by paragraphs 20 to 29

of Schedule 1, a provision of or made under Chapter 1 of Part 10 of

the Education Act 2002 (c. 32) (“the old provision”) that applied in

relation to independent schools in England has ceased so to apply,

and

(b)
a provision of or made under this Chapter (“the new provision”) re-

enacts, with or without modification, the old provision as it so

applied.

(2)
The amendment or amendments mentioned in subsection (1)(a) and the re-

enactment mentioned in subsection (1)(b) do not affect the continuity of the

law.

(3)
Anything done (including any subordinate legislation made), or having

effect as if done, under or for the purposes of the old provision that—

(a)
could have been done under or for the purposes of the new

provision (had the new provision then been in force), and

(b)
is in force or effective immediately before the coming into force of

the new provision,

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has effect from that time as if done under or for the purposes of the new

provision.

(4)
Any reference (express or implied) in this Chapter or any other enactment,

instrument or document to the new provision is to be construed (so far as

the context permits) as including, as respects times, circumstances or

purposes in relation to which the old provision had effect, a reference to the

old provision.

(5)
Any reference (express or implied) in any enactment, instrument or

document to the old provision is to be construed (so far as the context

permits), as respects times, circumstances and purposes in relation to

which the new provision has effect, as being or (according to the context)

including a reference to the new provision.

(6)
This section has effect subject to any specific transitional provision of or

made under this Act.

(7)
In this section “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).”
151
Insert the following new Clause—

“The register and fees

(1)
On the coming into force of section 80, the register of independent schools

in England becomes the register of independent educational institutions in

England.

(2)
The power in section 97(3)(d) to make provision prescribing circumstances

in which the amount of a fee may be waived includes power to make such

provision in relation to a fee (or any part of a fee) payable by virtue of

section 162B(6) of the Education Act 2002 (fees payable to Chief Inspector).”
152
Insert the following new Clause—

“
Prohibition on participation in management

(1)
A person falls within this subsection if—

(a)
immediately before the relevant day the person is subject to a

direction under section 142 of the Education Act 2002 (c. 32) given

on grounds prescribed for the purposes of this section, and

(b)
prescribed conditions (which may include conditions relating to

decisions taken on or after the relevant day by the Independent

Barring Board under the Safeguarding Vulnerable Groups Act 2006

(c. 47)) are satisfied in relation to the person.

(2)
Regulations may provide that, as from a time specified in or determined in

accordance with the regulations, persons who fall within subsection (1) are

to be treated for prescribed purposes as if the direction given under section

142 of the Education Act 2002 (c. 32) were a direction given by the

appropriate authority under section 114 of this Act.

(3)
Regulations under this section may make provision in connection with the

determination of any appeal under subsection (1) of section 144 of the

Education Act 2002 (c. 32), or application for review under subsection (2) of

that section, which is pending on the relevant day.

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(4)
Regulations made by virtue of subsection (3) may, in particular, provide for

an appeal, or application for review, under section 144 of the Education Act

2002 (c. 32) to be treated as an appeal under section 115 of this Act.

(5)
In this section—

“appropriate authority” has the same meaning as in sections 114 to 117

(see section 114(6));

“the relevant day” means the day on which section 114 comes into

force.”
Clause 125
153
Page 70, leave out lines 7 and 8
154
Page 70, line 11, leave out “relevant” and insert “appropriate national”
155
Page 70, line 12, leave out “Chief Inspector” and insert “Secretary of State”
156
Page 70, line 13, at end insert—

“( )
Section 342 of that Act (approval of non-maintained special schools) is

amended as follows.

( )
In subsection (1)—

(a)
for “Secretary of State” substitute “appropriate national authority”;

(b)
omit “his”.

( )
In subsection (5)(a) for “Secretary of State” substitute “appropriate national

authority”.”
Clause 126
157
Leave out Clause 126
Clause 128
158
Page 71, line 6, leave out “Chief Inspector” and insert “Secretary of State”
Clause 129
159
Page 71, line 18, leave out “Chief Inspector” and insert “Secretary of State”
160
Page 71, line 20, leave out “Chief Inspector” and insert “Secretary of State”
161
Page 71, line 29, leave out “Chief Inspector” and insert “Secretary of State”
162
Page 71, line 33, leave out from “to” to “, and” in line 34 and insert “the First-tier

Tribunal”
163
Page 71, line 37, leave out “Chief Inspector” and insert “Secretary of State”
164
Page 72, line 7, leave out from “to” to “, and” in line 8 and insert “the First-tier

Tribunal”
Clause 131
165
Page 73, line 2, after “appropriate” insert “national”
166
Page 73, leave out lines 6 to 8