Clause
143
Functions
to be exercisable by Welsh Ministers
Jim
Knight:
I beg to move amendment No. 208, in
clause 143, page 81, line 25, after
‘section’ insert
‘(Sixth form admissions etc), (Sixth form
admissions etc: appeals)
or’.
The
Chairman:
With this it will be convenient to discuss the
following: Government amendment No. 210 to 214, 226, 229 and
230.
Government
new clause 10—Sixth form admissions
etc.
Government new
clause 11—Sixth form admissions etc:
appeals.
Government
new clause 12—Meaning of “sixth form education”
etc.
Jim
Knight:
I will be exceptionally brief—I have to be.
In essence, the measure will give young people who are over the age of
16 some of the rights to state preferences and to have a voice as their
parents do for when they are above compulsory school age. There are
also a series of technical and consequential amendments that go with
that and other
clauses.
Amendment
agreed
to.
Clause 143,
as amended, ordered to stand part of the
Bill.
Clauses
144 and 145 ordered part of the
Bill.
4
pm
It being
Four o’clock,
The Chairman
,
proceeded, pursuant to Standing Order 83D and the Order of the
Committee [22 January], as amended, [24 January], to put forthwith the
Question necessary dispose of the business to be concluded at that
time.
Schedule
1
Minor
and consequential amendments
Amendments made: No. 215,
in schedule 1, page 85, line 5, at
end insert—
‘Children Act
1989 (c. 41)
The Children Act
1989 (c. 41) is amended as
follows.
(1) Section 87
(welfare of children in boarding schools and colleges) is amended as
follows.
(2) In subsection
(4)—
(a) in the opening
words for “or” substitute “in England other than
an independent educational institution or by
a”;
(b) in paragraph (a)
omit “an independent school
or”.
(3) In subsection
(10) after the definition of “further education
corporation”
insert—
““independent
educational institution” has the same meaning as in Chapter 1 of
Part 4 of the Education and Skills Act
2008;”.
(1) Section
87B(2) (duties of inspectors under section 87A) is amended as
follows.
(2) In paragraph (a)
for “an independent school” substitute “an
independent educational institution in England, an independent school
in Wales”.
(3) After
that paragraph
insert—
“(aa) in
the case of a school that is an independent educational institution in
England, to the Chief Inspector for
England;”.’.
No.
216, in
schedule 1, page 85, line 8, leave
out paragraph 2 and
insert—
‘ (1) Section 28D
(accessibility strategies and plans) is amended as
follows.
(2) In subsection (7) for paragraph (c)
substitute—
“(c)
schools approved under section 342 of the Education Act 1996
(non-maintained special
schools).”
(3) In
subsection (13) after “Education Act 2005” insert
“or Chapter 1 of Part 4 of the Education and Skills Act 2008
(regulation and inspection of independent educational provision in
England)”.
(1) In
section 28E (accessibility strategies and plans: procedure) is amended
as follows.
(2) In subsection
(5)—
(a) omit paragraph
(b) and the word “or” preceding
it;
(b) omit “or
plan”.
(3) After
subsection (5)
insert—
“(5A) If
Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills asks for a copy of the accessibility plan prepared
by the proprietor of an independent school (other than an Academy) in
England, the plan must be given to
him.”’.
No.
237, in
schedule 1, page 85, line 25, at
end
insert—
‘
After section 537A
insert—
“537AA
Application of sections 537 and 537A to certain
part-time educational institutions in
England
(1) Sections 537 and
537A (powers of the Secretary of State to require information from
governing bodies etc) apply in relation to a relevant part-time
educational institution as they apply in relation to an independent
school.
(2) In the application
of sections 537 and 537A by virtue of this
section—
(a) references
to a pupil at an independent school are to be read as references to a
student at a relevant part-time educational
institution;
(b) references to
the proprietor of an independent school are to be read as references to
the person or body of persons responsible for the management of a
relevant part-time educational
institution.
(3) In this
section—
(a)
“relevant part-time educational institution” means an
independent educational institution in England that is not an
independent school;
(b)
“independent educational institution” has the same
meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008
(see section 76 of that
Act);
(c)
“student” has the same meaning as in that Chapter (see
section 123 of that
Act).”’.
No.
217, in
schedule 1, page 86, line 3, at
end
insert—
‘Police
Act 1997 (c. 50)
In section
113BA of the Police Act 1997 (suitability information relating to
children), in subsection
(2)(e)—
(a) after
“under” insert “section 113 of the Education and
Skills Act 2008 (prohibition on participation in management of
independent educational institution in England)
or”;
(b) after
“school” insert “in
Wales”.’.
No.
218, in
schedule 1, page 86, line 5, leave
out paragraph 10 and
insert—
‘ (1) Section 9(2)
of the Protection of Children Act 1999 (the Tribunal) is amended as
follows.
(2) After paragraph
(c) insert—
“(cb)
on an appeal by virtue of section 342B or 342C of the Education Act
1996;”.
(3) After
paragraph (g)
insert—
“(h) on
an appeal under Chapter 1 of Part 4 of the Education and Skills Act
2008;”.’.
No.
219, in
schedule 1, page 86, line 21, at
end insert—
‘ In section 157 (independent school
standards) omit subsections (1A) and
(2)(b).’.
No.
220, in
schedule 1, page 86, line 22, at
end insert ‘, and
(b) in subsection
(3), for “the National Assembly for Wales” substitute
“the Welsh
Ministers”.
Omit
sections 162A and 162B (inspection of registered schools in
England).
In section 163 (power
to inspect registered schools in
Wales)—
(a) in the title, omit
“in Wales”,
(b)
in subsection (1)(a), omit “for Wales” and “in
Wales”, and
(c) in
subsection (5), omit the definition of “the Chief Inspector for
Wales”.
In
section 164 (inspections under section 163: supplementary) omit
“for Wales” in subsections (1), (2)(a) (in both places),
(3), (4), (9), (11) and (12).
In
section 165(1)(a) (failure to meet standards) omit “162A
or”.
In section 167A
(prohibition on participation in management of independent
schools)—
(a) omit subsection
(6)(a), and
(b) in subsection
(6)(b) omit “in relation to
Wales,”.
For
sections 167C and 167D (information and notification in relation to
directions under section 167A)
substitute—
“167C
Directions under section 167A:
information
(1) Where the
appropriate authority is a public authority other than the Chief
Inspector, the Chief Inspector may provide to that authority any
information relating to a person which is held by the Chief Inspector
in connection with the Chief Inspector’s functions under this
Chapter.
(2) HMCI may provide
to the appropriate authority any information relating to a person which
is held by HMCI in connection with HMCI’s functions under
Chapter 1 of Part 4 of the Education and Skills Act
2008.
(3) The Secretary of
State may provide to the appropriate authority any information relating
to a person which is held by the Secretary of State and which appears
to the Secretary of State to be relevant to the exercise of the
appropriate authority’s functions under section 167A or by
virtue of section 167B.
(4) The
Independent Barring Board may provide to the appropriate authority any
information relating to a person which is held by the Board in
connection with its functions and which appears to it to be relevant to
the exercise of the appropriate authority’s functions under
section 167A or by virtue of section
167B.
(5) The appropriate
authority may provide to the Independent Barring Board, the General
Teaching Council for England, the General Teaching Council for Wales,
the Secretary of State, HMCI or, where the appropriate authority is a
public authority other than the Welsh Ministers, the Welsh Ministers,
any information relating to a person which is held by the appropriate
authority in connection with its functions under section
167A.
(6) In this section
“HMCI” means Her Majesty’s Chief Inspector of
Education, Children’s Services and
Skills.
167D Directions under
section 167A: notification
(1)
Where the appropriate authority gives a direction under section
167A(1), or varies or revokes any such direction, it must
notify—
(a) the
registration authority (unless the appropriate authority is the
registration authority),
and
(b) HMCI and (if different)
the appropriate authority for the purposes of sections 113 to 116 of
the Education and Skills Act 2008 (prohibition on participation in
management of independent educational institutions in
England).
(2) In this section
“HMCI” means Her Majesty’s Chief Inspector of
Education, Children’s Services and
Skills.”
(1) Section 171
is amended as follows.
(2) In the definition of “Chief
Inspector”—
(a)
omit paragraph (a), and
(b) in
paragraph (b) omit “in relation to a school in
Wales,”.
(3) Omit the
definition of “early years
provision”.
(4) In the
definition of “the
register”—
(a)
omit paragraph (a), and
(b) in
paragraph (b) omit “in relation to a school in
Wales,”.
(5) In the
definition of “registration authority” for paragraphs (a)
and (b) substitute “the Welsh
Ministers”.’.
No.
238, in
schedule 1, page 86, line 31, at
end insert—
‘ (1) Section 59
(combined reports) is amended as
follows.
(2) In subsection
(1)(d), after “independent schools” insert “in
Wales”.
(3) After
subsection (1)(e) (inserted by paragraph 44(d) of Schedule 2 to the
Childcare Act 2006 (c. 21)) insert “,
and
(f) Chapter 1 of Part 4 of
the Education and Skills Act 2008 (regulation of independent
educational provision in
England).”
In
section 62(4)(a) (power of Welsh Ministers to change inspection
framework for Wales) for sub-paragraph (iv)
substitute—
“(iv) sections
90 to 98 of the Education and Skills Act 2008 (independent educational
institutions in
England),”.’.
No.
221, in
schedule 1, page 86, line 33, leave
out paragraph 18 and
insert—
‘ The Childcare Act
2006 is amended as follows.
(1)
Section 13 (duty to provide information, advice and training to
childcare providers) is amended as
follows.
(2) In subsection
(1)(c)—
(a) in the
opening words, for “schools” substitute
“institutions”;
(b)
in sub-paragraph (ii), for “approved by the Secretary of
State” substitute
“approved”;
(c)
in sub-paragraph (iii), for “an independent school”
substitute “an independent educational
institution”.
(3) In
subsection (1)(d) for “school” substitute
“institution”.
(1)
Section 34(2) (requirement to register: other early years providers) is
amended as follows.
(2) In
paragraph (a)—
(a) in
the opening words for “schools” substitute
“institutions” and for “school’s”
substitute
“institution’s”;
(b)
in sub-paragraph (ii) for “approved by the Secretary of
State” substitute
“approved”;
(c)
in sub-paragraph (iii) for “an independent school”
substitute “an independent educational
institution”.
(3) In
paragraph (b) for “school” in both places substitute
“institution”.
(4)
For paragraph (c)
substitute—
“(c)
where the provision is made at a school (including a school that is an
independent educational
institution)—
(i) the
child is a registered pupil at the school,
or
(ii) if the provision is
made for more than one child, at least one of the children is a
registered pupil at the
school.”
In
section 49 (inspections) in subsection (4) for “independent
school” substitute “independent educational
institution”.
(1) Section 53(2)
(requirement to register: other later years providers for children
under eight) is amended as
follows.
(2) In paragraph
(a)—
(a) in the opening
words for “schools” substitute
“institutions” and for “school’s”
substitute
“institution’s”;
(b)
in sub-paragraph (ii) for “approved by the Secretary of
State” substitute
“approved”;
(c)
in sub-paragraph (iii) for “an independent school”
substitute “an independent educational
institution”.
(3) In
paragraph (b) for “school” in both places substitute
“institution”.
(4)
For paragraph (c)
substitute—
“(c)
where the provision is made at a school (including a school that is an
independent educational
institution)—
(i) the
child is a registered pupil at the school,
or
(ii) if the provision is
made for more than one child, at least one of the children is a
registered pupil at the
school.”
(1) Section
63(3) (applications for registration on the general register: other
childcare providers) is amended as
follows.
(2) In paragraph
(a)—
(a) in the opening
words for “schools” substitute
“institutions” and for “school’s”
substitute
“institution’s”;
(b)
in sub-paragraph (ii) for “approved by the Secretary of
State” substitute
“approved”;
(c)
in sub-paragraph (iii) for “an independent school”
substitute “an independent educational
institution”.
(3) In
paragraph (b) for “school” in both places substitute
“institution”.
(4)
For paragraph (c)
substitute—
“(c)
where the provision is made at a school (including a school that is an
independent educational
institution)—
(i) the
child is a registered pupil at the school,
or
(ii) if the provision is
made for more than one child, at least one of the children is a
registered pupil at the
school.”
In
section 106 (general interpretation) for the definition of
“independent school”
substitute—
““independent
educational institution” has the same meaning as in Chapter 1 of
Part 4 of the Education and Skills Act
2008;”.’.
No.
222, in
schedule 1, page 87, line 5, leave
out paragraph 20 and
insert—
‘ (1) Section 11
(publication of proposals to establish maintained schools: special
cases) is amended as
follows.
(2) In subsection
(3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of
independent schools)” substitute “Chapter 1 of Part 4 of
the Education and Skills Act 2008 (regulation of independent
educational institutions in
England)”.
(3) In
subsection (9) for “approved by the Secretary of State”
substitute
“approved”.’.
No.
223, in
schedule 1, page 87, line 10, at
end insert—
‘ (1) Section
171 (prohibition on participation in management: transitional
provision) is amended as
follows.
(2) In subsection (5),
in the definition of “regulations”, for paragraphs (a)
and (b) substitute “by the Welsh
Ministers;”.’.
No.
224, in
schedule 1, page 87, line 10, at
end insert—
‘Safeguarding
Vulnerable Groups Act 2006
(c. 47)
(1) The
Safeguarding Vulnerable Groups Act 2006 is amended as
follows.
(2) In Schedule 4
(regulated activity), paragraph 1(10) is amended as
follows.
(3) After paragraph (b)
insert—
“(ba) a
body approved under section 90 of the Education and Skills Act 2008
(bodies approved to inspect registered independent educational
institutions in
England);”.
(4) In
paragraph (c) after “school” insert “in
Wales”.’.
No.
225, in
schedule 1, page 87, line 16, at
end insert—
‘Social
Security Administration Act 1992
(c. 5)
The
Social Security Administration Act 1992 (c. 5) is amended as
follows.
(1) Section 2A (claim or full
entitlement to certain benefits conditional on work-focused interviews)
is amended as follows.
(2) In
subsection (8), in the definition of “the designated
authority”—
(a)
after paragraph (c)
insert—
“(ca)
subject to subsection (9), a county council in
England,”;
(b) in
paragraph (d), before “a person” insert “subject
to subsection (9),”;
(c)
in that paragraph for “any such authority” substitute
“any authority mentioned in paragraph (c) or
(ca)”.
(3) After that
subsection
insert—
“(9) A
county council in England or a person providing services to, or
authorised to exercise any function of, such a council may be specified
as the designated authority only in relation to interviews with persons
to whom the council is required to make support services available
under section 54(1) of the Education and Skills Act 2008 (support
services: provision by local education
authorities).”
(1)
Section 2AA (full entitlement to certain benefits conditional on
work-focused interview for partner) is amended as
follows.
(2) In subsection (7),
in the definition of “designated
authority”—
(a)
after paragraph (c)
insert—
“(ca)
subject to subsection (8), a county council in
England,”;
(b) in
paragraph (d), before “a person” insert “subject
to subsection (8),”;
(c)
in that paragraph, for “a local authority” substitute
“any authority mentioned in paragraph (c) or
(ca)”.
(3) After that
subsection
insert—
“(8) A
county council in England or a person providing services to, or
authorised to exercise any function of, such a council may be specified
as the designated authority only in relation to interviews with persons
to whom the council is required to make support services available
under section 54(1) of the Education and Skills Act 2008 (support
services: provision by local education
authorities).”
(1)
Section 2C (optional work-focused interviews) is amended as
follows.
(2) In subsection (1),
after “local authorities” insert “or, subject to
subsection (3A), county councils in
England”.
(3) In
subsection (3), after “a local authority” insert
“or on a county council in
England”.
(4) After
subsection (3)
insert—
“(3A)
Regulations under this section may confer functions on a
county council in England only in relation to
interviews with persons to whom the council is required to make support
services available under section 54(1) of the Education and Skills Act
2008 (support services: provision by local education
authorities).” ’.
No. 226, in
schedule 1, page 88, line 5, at
end insert—
‘School
Standards and Framework Act 1998
(c. 31)
26A
The School Standards and Framework Act 1998 (c. 31) is amended
as follows.
26B (1) Section 86
(parental preferences) is amended as
follows.
(2) After subsection (1)
insert—
“(1ZA)
Subsection (1) does not apply in relation
to—
(a) sixth form
education, or
(b) any other
education to be provided for a child
who—
(i) has ceased to
be of compulsory school age,
or
(ii) will have ceased to be
of compulsory school age before the education is provided for
him.”
(3) In subsection
(2), for “subsections (3) and (3A)” substitute
“subsection
(3)”.
(4) Omit
subsections (3A) and (3B).
(5)
In subsection (8), for “subsections (3) and (3A)”
substitute “subsection
(3)”.
(6) In subsection
(9), omit “or arrangements such as are mentioned in subsection
(3B)”.
26C In
section 87 (no requirement to admit children permanently excluded from
two or more schools), in subsection (1), for “duty imposed by
section 86(2) does” substitute “duties imposed by section
86(2) and section 86B(1)
do”.
26D In section 89
(procedure for determining admission arrangements), in subsection
(1A)—
(a) for “and
(3A)” substitute “, 86B(2) and (4)”,
and
(b) for
“parental” substitute
“expressed”.
26E
In section 89B (co-ordination of admission arrangements), after
subsection (6) insert—
“(7)
Nothing in this section applies in relation to arrangements for the
admission to maintained schools of
pupils—
(a)
who—
(i) have ceased to
be of compulsory school age,
or
(ii) will have ceased to be
of compulsory school age before education is provided for them at the
school, or
(b) for the purpose
of receiving sixth form
education.”
26F
Omit section 94(7).
26G (1)
Section 95 (appeals relating to children to whom section 87 applies) is
amended as follows.
(2) In subsection
(1)—
(a) for “the
parent of a child” substitute “the appropriate
person”, and
(b) in
paragraph (b), for “the child” substitute “a
child”.
(3) After that
subsection
insert—
“(1A) In
subsection (1), “the appropriate person”, in relation to
a child, has the same meaning as in section 94.”
’.
No.
227, in
schedule 1, page 88, line 33, at
end insert—
‘Education
and Inspections Act 2006
(c. 40)
30A (1) In
section 180 of the Education and Inspections Act 2006 (functions to be
exercisable by National Assembly), in subsection (2) after
“sections 40 to 54 (school admissions);”
insert—
“section
55 (right of sixth-form pupils to opt out of religious
worship);”.
(2) The
amendment made by sub-paragraph (1) is deemed always to have had
effect.’.—[Jim
Knight.]
Schedule
1, as amended, agreed to.
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