House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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Clause 137
167
Page 90, line 24, at end insert—

“(2)
In relation to a code for school admissions issued under section 84(1) of the

School Standards and Framework Act 1998 (c. 31) after the passing of this

Act, the requirement to consult which is imposed by section 85(2) of that

Act may be satisfied by consultation undertaken before the passing of this

Act, even though the code takes account (to any extent) of any provision

made by this Act.”
Clause 138
168
Page 91, line 3, at end insert—

“( )
prohibiting a governing body from exercising the power

conferred by subsection (1) in such a way that any pupil is

required to receive educational provision outside the school

premises for a greater number of days in a school year than

is specified in the regulations,”
169
Page 91, line 5, leave out “any such requirement” and insert “a requirement under

subsection (1)”
After Clause 139
170
Insert the following new Clause—

“National Curriculum for England: duty to implement assessment

arrangements

(1)
In section 88 of the Education Act 2002 (c. 32) (implementation of the

National Curriculum for England in schools), in the existing provision

(which becomes subsection (1)), at the end insert—


“This subsection does not apply in relation to assessment

arrangements.”

(2)
After that subsection insert—

“(1A)
In relation to any maintained school—

(a)
the local education authority and the governing body must

exercise their functions with a view to securing, and

(b)
the head teacher must secure,


that the assessment arrangements specified for the time being in the

National Curriculum for England are implemented.””
171
Insert the following new Clause—

“Governing bodies of maintained schools to invite and consider pupils’ views

After section 29 of the Education Act 2002 (c. 32) insert—

“29A
Governing body to invite and consider pupils’ views

(1)
The governing body of a maintained school must invite the views

of pupils about prescribed matters.

(2)
In exercising any of their functions relating to the conduct of the

school, the governing body of a maintained school must consider

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any relevant views of registered pupils at the school about matters

prescribed under subsection (1) (whether expressed by virtue of

that subsection or otherwise) and, in doing so, must have regard to

the age and understanding of the pupils who expressed them.

(3)
For the purposes of subsection (1), a governing body invite the

views of pupils about a matter if they invite the views of—

(a)
all registered pupils at the school,

(b)
such of those pupils as appear to the governing body to be

affected by the matter, or

(c)
pupils appearing to the governing body to be representative

of pupils within paragraph (a) or (b).

(4)
The following are the matters that may be prescribed under

subsection (1)—

(a)
the exercise, or proposed exercise, of a function of the

governing body of a maintained school relating to the

conduct of the school;

(b)
the exercise, or proposed exercise, of such a function in a

particular way.

(5)
In discharging their duties under subsections (1) and (2), the

governing body of a maintained school must have regard to any

guidance given from time to time—

(a)
in relation to England, by the Secretary of State, or

(b)
in relation to Wales, by the Welsh Ministers.

(6)
In this section, “prescribed” means—

(a)
in relation to England, prescribed by the Secretary of State;

(b)
in relation to Wales, prescribed by the Welsh Ministers.

(7)
Nothing in this section affects any power or duty relating to

consulting pupils which a governing body of a maintained school

have otherwise than under this section.””
172
Insert the following new Clause—

“Consultation of pupils: existing functions

In section 176 of the Education Act 2002 (c. 32) (consultation with pupils),

subsection (1) is amended as follows—

(a)
in paragraph (a) (duty of local education authorities), after

“authority” insert “in Wales”,

(b)
omit paragraph (b) (duty of governing bodies), and

(c)
for “the Secretary of State (in relation to England) or the National

Assembly for Wales (in relation to Wales)” substitute “the Welsh

Ministers”.”
Clause 147
173
Page 98, line 5, after “State” insert “or Lord Chancellor”
174
Page 98, line 9, leave out “or section 49” and insert—

“( )
regulations under section 22(2) or 28(3), other than regulations for

the purpose only of making provision within subsection (3A),

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( )
an order under section (Enforcement of non-participation fine etc:

person reaching 18)(9) or (Enforcement of non-participation fine: further

provisions)(3)

( )
regulations under section 49,”
175
Page 98, line 9, at end insert—

“( )
an order under section (Corresponding provision for Wales),”
176
Page 98, line 17, at end insert—

“(3A)
Provision contained in regulations under section 22(2) or 28(3) falls within

this subsection if it substitutes, for an amount for the time being specified

in such regulations, a smaller amount.”
177
Page 98, line 17, at end insert—

“( )
Before a draft of an instrument containing an order under section

(Corresponding provision for Wales) is laid before either House of Parliament,

the Secretary of State must consult the Welsh Ministers.”
178
Page 98, line 18, after “State” insert “or Lord Chancellor”
179
Page 98, line 23, after “State” insert “or Lord Chancellor”
Clause 149
180
Page 98, line 35, at end insert—

“( )
In this Act unless the context otherwise requires—

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State under

this Act.”
Clause 154
181
Page 100, line 20, at end insert—

“( )
section (National Curriculum for England: duty to implement

assessment arrangements);”
182
Page 100, line 25, after first “and” insert “88A to”
183
Page 100, line 37, at end insert—

“( )
sections (Governing bodies of maintained schools to invite and consider

pupils’ views) and (Consultation of pupils: existing functions)(b) and

(c);”
184
Page 100, line 40, at beginning insert “the following paragraphs of Schedule 1—

(i)
”
185
Page 100, line 40, leave out “58 to” and insert “59,”
186
Page 100, line 40, after “72” insert “, and, so far as relating to those paragraphs,

paragraph 58,”
187
Page 100, line 40, leave out “of Schedule 1 (and” and insert “, and

(ii)
paragraph 82A,


(and”
188
Page 100, line 41, leave out “paragraphs” and insert “provisions”

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189
Page 101, line 4, at beginning insert “section 176 of and”
190
Page 101, line 10, leave out “The remaining” and insert “Subject to subsections (1)

to (3), the”
191
Page 101, line 11, at end insert—

“( )
Before making an order under subsection (4) containing provision for the

coming into force of section (Corresponding provision for Wales), the

Secretary of State must consult the Welsh Ministers.”
Schedule 1
192
Page 102, line 7, leave out paragraphs 1 to 3
193
Page 103, line 4, leave out paragraph 6
194
Page 104, leave out line 32 and insert—

““the appropriate national authority
section

(in Chapter 2 of Part 4)
337A””

195
Page 104, leave out line 35
196
Page 105, line 9, leave out paragraph 17
197
Page 106, line 12, leave out “Chief Inspector, the Chief Inspector” and insert “Welsh

Ministers, the Welsh Ministers”
198
Page 106, line 13, leave out “Chief Inspector” and insert “Welsh Ministers”
199
Page 106, line 14, leave out “Chief Inspector’s” and insert “Welsh Ministers’”
200
Page 106, leave out lines 16 to 19
201
Page 106, line 24, at end insert—

“( )
The Chief Inspector may provide to the appropriate authority

any information relating to a person which appears to the Chief

Inspector to be relevant to the exercise of the appropriate

authority’s functions under section 167A or by virtue of section

167B.”
202
Page 106, line 32, after “Wales,” insert “the Chief Inspector,”
203
Page 106, line 32, leave out “, HMCI”
204
Page 106, leave out lines 37 and 38
205
Page 106, line 44, leave out “HMCI” and insert “the Secretary of State”
206
Page 107, leave out lines 3 and 4
207
Page 117, line 8, at end insert—

“Welfare Reform and Pensions Act 1999 (c. 30)

    (1)
Section 72 of the Welfare Reform and Pensions Act 1999 (c. 30) (supply

of information for certain purposes) is amended as follows.

      (2)
In subsection (2)—

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(a)
after paragraph (c) insert—

“(ca)
a county council in England; and”;

(b)
in paragraph (d) for “any such authority” substitute “any

authority mentioned in paragraph (c) or (ca)”.

      (3)
In subsection (6) after ““social security information” means” insert

“(subject to subsection (6A))”.

      (4)
After subsection (6) insert—

“(6A)
References in subsection (1)(a) and (b) to social security

information held by a county council do not include social

security information about any person to whom the council is not

required to make support services available under section 54(1)

of the Education and Skills Act 2008 (support services: provision

by local education authorities).”
208
Page 117, line 34, at end insert—

“Education Act 2002 (c. 32)

82A
After section 210 of the Education Act 2002 (c. 32) insert—

“210A
Regulations under power conferred on Welsh Ministers after

implementation of Government of Wales Act 2006

(1)
The power of the Welsh Ministers to make regulations under

section 29A is exercisable by statutory instrument.

(2)
A statutory instrument containing any such regulations made by

the Welsh Ministers is subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(3)
The power of the Welsh Ministers to make regulations under

section 29A includes power—

(a)
to make different provisions for different cases or areas,

(b)
to make provision generally or only in relation to specific

cases, and

(c)
to make such incidental, supplemental, saving or

transitional provisions as the Welsh Ministers think fit.

(4)
Nothing in this Act shall be regarded as affecting the generality

of subsection (3).””
209
Page 118, line 18, at end insert—

“88A
The Education and Inspections Act 2006 is amended as follows.

88B
In section 74(3) (implementation of curriculum requirements for fourth

key stage)—

(a)
for the words from the beginning to “insert—” substitute “In

section 88 of EA 2002, after subsection (1A) insert—”;

(b)
in subsection (2) of the inserted text, for “subsection (1)”

substitute “subsections (1) and (1A)”.”
210
Page 118, line 19, leave out “of the Education and Inspections Act 2006”
211
Page 118, line 30, at end insert—

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“Criminal Justice and Immigration Act 2008 (c. 4)

    (1)
Schedule 7 to the Criminal Justice and Immigration Act 2008 (c. 4) (youth

default orders: modification of provisions applying to youth

rehabilitation orders) is amended as follows.

      (2)
In paragraph 5 (enforcement, revocation and amendment of youth

default order), in sub-paragraph (1), at the end add “but subject to

paragraph 5A”.

      (3)
After that paragraph insert—

“Enforcement, revocation and amendment: order made in respect of conviction

under section 45 of the Education and Skills Act 2008

5A  (1)
This paragraph applies where—

(a)
a youth default order has been made in a person’s case

in respect of a fine imposed on conviction of an offence

under section 45 of the Education and Skills Act 2008

(offence relating to failure to participate in education

or training), and

(b)
the person has reached the age of 18.

      (2)
Paragraph 5 has effect as if sub-paragraph (3) provided for any

power of the court to revoke a youth rehabilitation order and

deal with the offender for the offence to be taken to be a power

to—

(a)
revoke the youth default order, and

(b)
specify the amount of the relevant sum (within the

meaning given by section (Non-participation fines:

interpretation) of the Education and Skills Act 2008)

that, having regard to the extent if any to which the

person has complied with the order, is to be treated as

remaining unpaid and, accordingly, to be enforceable

by virtue of section (Enforcement of non-participation fine

etc: person reaching 18) of that Act.””
Schedule 2
212
Page 118, line 36, leave out from beginning to end of line 5 on page 119
213
Page 119, line 28, at end insert—

“Welfare Reform and Pensions Act
In section 72(2), the word “and”

1999 (c. 30)
following paragraph (c).”

214
Page 120, line 24, at end insert—

“In section 176, in subsection (1), paragraph (b)

and the word “and” preceding it.”

215
Page 120, line 27, leave out “paragraphs 5(2)(a) and” and insert “paragraph”

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