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13 May 2008 : Column 1320
(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.”’.— [Jim Knight.]

Clause 134


Sixth form admissions etc

Amendment made: No. 119, page 76, line 4, leave out subsection (5).— [Jim Knight.]

Clause 135


Sixth form admissions etc: appeals

Amendments made: No. 120, page 77, line 23, leave out from ‘decision’ to ‘for’ in line 25 and insert ‘about sixth form education’.

No. 121, page 77, line 34, leave out from ‘decision’ to first ‘for’ in line 36 and insert

No. 122, line 38, 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.” ’.— [Jim Knight.]

Clause 147


Functions to be exercisable by Welsh Ministers

Amendment made: No. 123, page 86, line 10, 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.’.— [Jim Knight.]

Clause 153


Commencement

Amendments made: No. 125, page 87, line 38, leave out from ‘65’ to end of line 40.

No. 126, page 88, line 3, 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);


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( ) 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).’.

No. 127, page 88, line 4, leave out ‘Sections 133 and 144’ and insert ‘The following provisions’.

No. 128, page 88, line 5, 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.’.— [Jim Knight.]

Schedule 1


Minor and consequential amendments

Amendments made: No. 129, page 92, line 9, 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).”’.

No. 130, page 97, line 26, at end insert—

(d) regulations made by virtue of section 42(4) of the Education and Skills Act 2008 (allowances for attendance panels).” ’.

No. 131, page 98, line 38, at end insert—

No. 132, page 99, line 32, 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”.’.

No. 133, page 99, line 38, at end insert—


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“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.

(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).” ’.

No. 134, page 99, line 39, 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”.’.

No. 135, page 100, line 1, leave out ‘In section’ and insert—

‘(1) Section’.

No. 136, page 180, line 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)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”;

(b) after “authorities” in the first place in which it occurs, insert “in Wales”;


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(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’.

No. 137, page 100, line 4, after ‘schools’ insert ‘in Wales’.

No. 138, page 100, line 9, 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”.

(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”;

(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)—


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(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).

“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.”

“Publication of information about admissions: England and Wales” ’.

No. 139, page 100, line 18, 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”.

No. 140, page 100, line 18, at end 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.”

(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”.


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(3) For the entry relating to “regulations” substitute—

    “regulations

    (generally)

    section 142(1)

    (in sections 89 to 90)

    section 90ZA”.’.


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