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| | | (ii) | section 77 of the Freedom of Information Act 2000 (c. 36) |
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| | | (offence of altering etc. records with intent to prevent |
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| | | Member’s explanatory statement
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| | | This amendment permits the Local Commissioner to disclose information, obtained whilst |
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| | | conducting his investigation, to the Parliamentary Commissioner for Administration or the |
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| | | Information Commissioner in certain circumstances. |
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| | Clause 204, page 118, line 9, leave out ‘for Local Administration in England (“the |
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| | Member’s explanatory statement
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| | This amendment removes the definition of “the Commission” from clause 204. This term is now |
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| | defined in new clause 27. |
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| | Clause 208, page 120, line 7, at end insert— |
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| | | ‘(2) | In paragraph 1 of Schedule 4 to the Local Government Act 1974 (c. 7) (the |
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| | | Commission), after sub-paragraph (2B) (inserted by the Health Act 2009) |
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| | | “(2C) | A Local Commissioner may not investigate a complaint against a |
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| | | school under Chapter 2 of Part 10 of the Apprenticeships, Skills, |
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| | | Children and Learning Act 2009 if the Local Commissioner— |
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| | | (a) | is a governor of the school; |
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| | | (i) | a registered pupil at the school, or |
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| | | (ii) | a person who has been a registered pupil at the school |
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| | | within the five years ending with the making of the |
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| | | (c) | works at the school or has worked at the school within those |
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| | | (2D) | In sub-paragraph (2C) “registered pupil” has the same meaning as in |
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| | | the Education Act 1996.”’. |
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| | | Member’s explanatory statement
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| | | This amendment prohibits a Local Commissioner from investigating a complaint against a school |
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| | | where they are a governor of the school, have a child who is, or was, a pupil at the school within |
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| | | the last five years, or have worked at the school within that period. |
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| | Clause 209, page 120, line 10, at end insert— |
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| | | ‘“the Commission” has the meaning given by section [Parental complaints: |
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| | | arrangements etc. to be made by Commission](1);’. |
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| | | Member’s explanatory statement
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| | | This amendment provides for “the Commission” in Chapter 2 of Part 10 to have the meaning given |
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| | Clause 210, page 120, line 28, at end insert— |
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| | | ‘(2A) | The Chief Inspector may only make an interim statement about a school in |
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| | | England that has provision for children with special educational needs if it has |
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| | | been assessed by an inspector who has training and expertise in special |
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| | | educational needs and has properly engaged with such pupils at that school.’. |
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| | Clause 210, page 120, line 33, at end insert— |
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| | | ‘(5) | This section applies if— |
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| | | (a) | the quality of the education provided in the school for children with |
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| | | special educational needs has been inspected by an appropriately |
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| | | qualified person who has received training in inspecting provision for |
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| | | children with special educational needs; |
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| | | (b) | the quality of education provided in the school for children with special |
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| | | educational needs is reported to be of at least equivalent quality to the |
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| | | education provided in the school for all pupils. |
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| | | (6) | The Secretary of State shall make regulations specifying how a person may be |
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| | | considered to be appropriately qualified for the purposes of subsection (5)(a).’. |
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| | Clause 210, page 121, line 33, after ‘school’, insert ‘and to the local education |
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| | Schedule 15, page 221, line 10, at end insert— |
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| | | ‘(5) | The membership of the SSSNB shall include an equal number of persons |
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| | | (a) | the interests of prescribed school support staff organisations, and |
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| | | (b) | the interests of prescribed school support staff employer |
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| | Schedule 15, page 222, line 4, leave out ‘represents’ and insert ‘is a trade union |
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| | recognised to represent’. |
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| | Clause 214, page 123, line 25, after ‘(a)’, insert ‘and to the desirability of |
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| | promoting school autonomy.’. |
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| | Clause 215, page 124, line 3, at end insert— |
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| | | ‘(1A) | In considering a matter within its remit, the SSSNB must have regard to the |
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| | | desirability of promoting school autonomy.’. |
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| | Clause 215, page 124, line 6, leave out subsection (3). |
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| | Clause 216, page 124, line 15, leave out ‘either—(a)’. |
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| | Clause 216, page 124, line 16, leave out from ‘agreement’ to end of line 19. |
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| | Clause 217, page 124, line 30, leave out ‘(a)’. |
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| | Clause 217, page 124, line 35, at end add— |
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| | | ‘(3) | On making an order under subsection (2)(a), the Secretary of State must publish |
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| | | a statement explaining the predicted impact of the order on school autonomy.’. |
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| | Page 124, line 36, leave out Clause 218. |
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| | Clause 219, page 125, line 12, leave out ‘section 218(2)(b)’. |
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| | Clause 219, page 125, line 34, leave out subsection (7). |
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| | Clause 220, page 126, line 13, leave out paragraph (c). |
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| | Clause 220, page 126, line 28, at end insert— |
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| | | ‘(d) | the agreement fails to give due consideration to the desirability of |
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| | | promoting school autonomy.’. |
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| | Clause 220, page 126, line 29, at end add— |
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| | | ‘(7) | On making an order under subsection (2)(a), the Secretary of State must publish |
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| | | a statement explaining the predicted impact of the order on school autonomy.’. |
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| | Clause 229, page 130, line 16, at end insert— |
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| | | ‘(aa) | has reasonable grounds for suspecting that a pupil at the school may have |
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| | | an item that, in the judgement of a member of staff, may present harm to |
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| | | other pupils, staff or teachers;’. |
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| | Clause 229, page 130, line 19, at end insert— |
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| | | ‘(2A) | In determining whether there are reasonable grounds under subsection (1)(a), the |
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| | | member of staff may have access to any CCTV footage that the school may |
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| | Clause 229, page 130, line 26, leave out paragraph (c) and insert— |
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| | | ‘(c) | any other item which, if it were to remain with the pupil or in his |
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| | | possession, may constitute a risk of imminent harm to the pupil himself |
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| | | or to any other person;’. |
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| | Clause 229, page 130, line 31, at end insert— |
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| | | ‘(f) | any other article which the member of staff considers may cause potential |
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| | | or imminent harm to the pupil or to others.’. |
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| | Clause 229, page 130, line 31, at end insert— |
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| | | ‘(f) | any other item prohibited by the published rules of the school.’. |
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| | Clause 229, page 131, line 30, at end insert— |
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| | | ‘(6A) | The requirement in subsection (6)(b) shall not apply in circumstances where— |
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| | | (a) | the school has no members of staff of the same sex as P, or |
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| | | (b) | the provisions of subsection (4)(b) apply and there are no members of |
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| | | staff of the same sex as P available.’. |
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| | Clause 229, page 131, line 30, at end insert— |
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| | | ‘(6A) | The requirement in subsection (6)(c) shall not apply in circumstances where— |
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| | | (a) | the school has fewer than two members of staff of the same sex as P, or |
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| | | (b) | the provisions of subsection (4)(b) apply and there are fewer than two |
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| | | members of staff of the same sex as P available.’. |
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| | Clause 229, page 131, leave out line 33. |
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| | Clause 229, page 131, line 35, after ‘section’, insert ‘and in section 550ZC’. |
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| | Clause 229, page 132, line 2, after ‘550ZA’, insert ‘or, if he is not the person |
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| | carrying out the search, a member of the security staff of the school,’. |
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| | Clause 229, page 132, line 6, at beginning insert ‘in the case of a member of the |
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| | security staff of the school,’. |
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| | Clause 229, page 132, leave out lines 12 to 40 and insert— |
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| | | ‘(4) | A person who, under subsection (1), seizes any item other than alcohol and its |
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| | | container, must deliver it to a police constable as soon as reasonably practicable.’. |
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