House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 March 2009
98

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

71

Clause  195,  page  112,  line  46,  at end insert—

‘(5A)
A Local Commissioner may in particular decide not to investigate a complaint

under this Chapter, or to discontinue an investigation if, in his opinion, the

complaint is vexatious.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

79

Clause  210,  page  120,  line  28,  at end insert—

‘(2A)
The Chief Inspector may only make an interim statement about a school in

England that has provision for children with special educational needs if it has

been assessed by an inspector who has training and expertise in special

educational needs and has properly engaged with such pupils at that school.’.

Mr David Laws

Stephen Williams

Annette Brooke

150


Clause  210,  page  121,  line  33,  after ‘school’, insert ‘and to the local education

authority.’.

Mr David Laws

Stephen Williams

Annette Brooke

14

Clause  229,  page  130,  line  31,  at end insert—

‘(f)
any other article which the member of staff considers may cause potential

or imminent harm to the pupil or to others.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

90

Clause  229,  page  130,  line  31,  at end insert—

‘(f)
any other item prohibited by the published rules of the school.’.

Public Bill Committee: 5 March 2009
99

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

88

Clause  229,  page  131,  line  30,  at end insert—

‘(6A)
The requirement in subsection (6)(b) shall not apply in circumstances where—

(a)
the school has no members of staff of the same sex as P, or

(b)
the provisions of subsection (4)(b) apply and there are no members of

staff of the same sex as P available.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

89

Clause  229,  page  131,  line  30,  at end insert—

‘(6A)
The requirement in subsection (6)(c) shall not apply in circumstances where—

(a)
the school has fewer than two members of staff of the same sex as P, or

(b)
the provisions of subsection (4)(b) apply and there are fewer than two

members of staff of the same sex as P available.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

91

Clause  229,  page  131,  leave out line 33.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

82

Clause  229,  page  133,  line  10,  at end insert—

‘(1A)
In section 94(2) of the Education and Inspections Act 2006 (c.40) (defence where

confiscation lawful) leave out “if he proves that the seizure, retention or disposal

(as the case may be) was lawful (whether or not by virtue of section 91)” and

insert “if the item was prohibited by the published rules of the school.”’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

83

Clause  229,  page  133,  line  10,  at end insert—

‘(1A)
In section 93(1) of the Education and Inspections Act 2006 (c.40) (power of

member of staff to use force) after subsection (1)(c) there is inserted—

“(d)
attempting to leave a room in which the pupil is subject to a disciplinary

penalty which consists of the detention of that pupil outside school

sessions.”’.

Public Bill Committee: 5 March 2009
100

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

92

Clause  229,  page  133,  line  10,  at end insert—

‘(1A)
In section 91(6) of the Education and Inspections Act 2006 (c.40) (enforcement

of disciplinary penalties) omit paragraph (a).’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

93

Clause  229,  page  133,  line  10,  at end insert—

‘(1A)
In section 92(3) of the Education and Inspections Act 2006 (c.40) (enforcement

of disciplinary penalties) omit paragraph (c).’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

95

Clause  231,  page  133,  line  41,  at end insert—

‘(f)
any other item prohibited by the published rules of the college.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

96

Clause  231,  page  134,  leave out line 45.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

86

Clause  233,  page  136,  leave out lines 36 to 38.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

87

Clause  233,  page  137,  leave out lines 3 and 4.

Public Bill Committee: 5 March 2009
101

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

94

Clause  233,  page  137,  line  7,  at end insert—

‘(4A)
Guidance issued under subsection (4) must not advise the retention of incident

record forms beyond a period of three years.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

84

Clause  235,  page  138,  leave out lines 5 and 6.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

85

Clause  235,  page  138,  line  7,  leave out ‘must’ and insert ‘may’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

80

Clause  235,  page  138,  line  10,  at end insert—

‘(2A)
In performing their duties under this section, relevant partners must seek to ensure

that all pupils are able to work, study and learn in a safe, secure and ordered

environment.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

97

Clause  236,  page  138,  line  28,  leave out ‘short stay school’ and insert ‘school for

alternative education’.

Public Bill Committee: 5 March 2009
102

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

98

Clause  236,  page  138,  line  28,  leave out ‘short stay school’ and insert ‘prospect

school’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

78

Clause  237,  page  139,  line  14,  at end insert—

‘(1A)
The Secretary of State may direct a local authority in England that is a partner in

a Local Education Partnership (LEP) to provide information about the acoustic

quality of schools to be built or refurbished by that LEP.’.

Jim Knight

Mr Siôn Simon

187


Clause  248,  page  147,  line  16,  after ‘order’ insert ‘or regulations’.

Member’s explanatory statement

The effect of this technical drafting amendment is that a statutory instrument containing

regulations under clause 5 or clause 9 is subject to annulment in pursuance of a resolution of the

National Assembly for Wales.

Jim Knight

188


Clause  248,  page  147,  line  17,  leave out first ‘or’ and insert ‘(other than an order

under section 8) or under’.

Member’s explanatory statement

This amendment is consequent on amendment 156: its effect is that an order under clause 8 will

not be subject to procedural requirements.

Public Bill Committee: 5 March 2009
103

Apprenticeships, Skills, Children and Learning Bill, continued

NEW CLAUSES

Free school meals

Mr David Laws

Stephen Williams

Annette Brooke

NC1

To move the following Clause:—

‘(1)
A local education authority may provide registered students at—

(a)
a sixth form college, or

(b)
a further education college,


who are over compulsory school age, but under 19, with lunches.

(2)
Where provision is made under subsection (1) it shall be made in a case within

paragraph (a) or (b) of that subsection, either on the college premises or at any

other place where education is being provided.

(3)
A local education authority shall exercise its power under subsection (1) to

provide college lunches for any person if—

(a)
any prescribed requirements are met,

(b)
a request for the provision of college lunches has been made by or on

behalf of that person to the authority, and

(c)
either—

(i)
that person is eligible for free lunches (as defined by section

512ZB (4) of the Education Act 1996, or

(ii)
in the case of a person within subsection (1) (a), it would not be

unreasonable for the authority to provide the lunches.

(4)
Where the local education authority provides lunch in accordance with subsection

(3) to a person who is eligible for free lunches, the authority shall provide the

meal free of charge.’.

Further provision about transport policy statements

Mr David Laws

Stephen Williams

Annette Brooke

NC2

To move the following Clause:—

‘(1)
In section 509AB of the Education Act 1996 (c. 56) omit subsection (3)(d) and

insert after subsection (7)—

“(8)
In preparing a statement under that section a local education authority has

a duty to provide affordable transport.”.’.

Public Bill Committee: 5 March 2009
104

Apprenticeships, Skills, Children and Learning Bill, continued

Complaints about transport arrangements

Mr David Laws

Stephen Williams

Annette Brooke

NC3

To move the following Clause:—

‘(1)
After section 509AE of the Education Act 1996 (complaints about transport

arrangements etc for persons of sixth form age in England) insert—

“509AF
Complaints about transport arrangements etc for certain young

adults

(1)
A local education authority may revise a statement prepared under

section 508F to change the arrangements specified under subsection (1)

of that section if, as a result of a certain young adult’s transport

complaint, they have come to consider the change necessary for the

purpose mentioned in that subsection.

(2)
A local education authority must revise a statement prepared under

section 508F to change the arrangements specified under subsection (1)

of that section if, as a result of a certain young adult transport complaint,

the Secretary of State has directed them to do so.

(3)
An authority that revises a statement under subsections (1) or (2) must

publish the revised statement and a description of the revision as soon as

practicable.

(4)
The Secretary of State need not consider whether to exercise any power

under sections 496 to 497A (powers to prevent unreasonable exercise of

functions, etc) or subsection (2) of this section in response to a matter that

is, or could have been, the subject of a certain young adult transport

complaint made to him or her unless satisfied that—

(a)
the matter has been brought to the notice of the local education

authority concerned, and

(b)
the authority has had a resonable opportunity to investigate the

matter and respond.

(5)
In this section “certain young adult transport complaint” means a

complaint that is—

(a)
about a local education authority’s exercise of, or failure to

exercise, a function under sections 508F to 509AD in relation to

certain young adults,

(b)
made by a person who is, or will be, a relevant young adult when

the matter complained of has effect, or by a parent of such a

person, and

(c)
made by a “certain young adult” as defined by section 508F (8).

(6)
For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the

revision of a statement under this section is to be treated as the

preparation of a statement under section 508F.

(7)
Where a local authority has published in a single document a statement

prepared under section 508G and a statement prepared under 509AA, the

requirement to publish a revised statement under subsection (3) is to be

treated as a requirement to publish a version of the document that

includes the revised statement.”.