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| | Clause 195, page 112, line 46, at end insert— |
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| | | ‘(5A) | A Local Commissioner may in particular decide not to investigate a complaint |
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| | | under this Chapter, or to discontinue an investigation if, in his opinion, the |
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| | | complaint is vexatious.’. |
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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 121, line 33, after ‘school’, insert ‘and to the local education |
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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 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 133, line 10, at end insert— |
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| | | ‘(1A) | In section 94(2) of the Education and Inspections Act 2006 (c.40) (defence where |
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| | | confiscation lawful) leave out “if he proves that the seizure, retention or disposal |
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| | | (as the case may be) was lawful (whether or not by virtue of section 91)” and |
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| | | insert “if the item was prohibited by the published rules of the school.”’. |
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| | Clause 229, page 133, line 10, at end insert— |
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| | | ‘(1A) | In section 93(1) of the Education and Inspections Act 2006 (c.40) (power of |
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| | | member of staff to use force) after subsection (1)(c) there is inserted— |
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| | | “(d) | attempting to leave a room in which the pupil is subject to a disciplinary |
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| | | penalty which consists of the detention of that pupil outside school |
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| | Clause 229, page 133, line 10, at end insert— |
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| | | ‘(1A) | In section 91(6) of the Education and Inspections Act 2006 (c.40) (enforcement |
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| | | of disciplinary penalties) omit paragraph (a).’. |
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| | Clause 229, page 133, line 10, at end insert— |
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| | | ‘(1A) | In section 92(3) of the Education and Inspections Act 2006 (c.40) (enforcement |
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| | | of disciplinary penalties) omit paragraph (c).’. |
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| | Clause 231, page 133, line 41, at end insert— |
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| | | ‘(f) | any other item prohibited by the published rules of the college.’. |
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| | Clause 231, page 134, leave out line 45. |
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| | Clause 233, page 136, leave out lines 36 to 38. |
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| | Clause 233, page 136, line 41, at end insert ‘subject to the discretion and |
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| | professional judgement of the headteacher.’. |
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| | Clause 233, page 137, leave out lines 3 and 4. |
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| | Clause 233, page 137, line 7, at end insert— |
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| | | ‘(4A) | Guidance issued under subsection (4) must not advise the retention of incident |
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| | | record forms beyond a period of three years.’. |
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| | Clause 235, page 138, leave out lines 5 and 6. |
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| | Clause 235, page 138, line 7, leave out ‘must’ and insert ‘may’. |
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| | Clause 235, page 138, line 10, at end insert— |
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| | | ‘(2A) | In performing their duties under this section, relevant partners must seek to ensure |
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| | | that all pupils are able to work, study and learn in a safe, secure and ordered |
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| Clause 235, page 138, line 12, after ‘State’, insert ‘, with such guidance ensuring |
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| | that relevant partners shall not be forced into partnerships against the wishes of the |
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| | governing bodies of those relevant partners.’. |
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| | | Clause 235, page 138, line 12, at end insert— |
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| | | ‘(3A) | For the purposes of subsections (2) and (3), a relevant partner may only enter an |
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| | | arrangement with another relevant partner if the governing bodies of both |
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| | | relevant partners approve the arrangement.’. |
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| | Clause 236, page 138, line 28, leave out ‘short stay school’ and insert ‘school for |
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| | Clause 236, page 138, line 28, leave out ‘short stay school’ and insert ‘prospect |
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| | Clause 237, page 139, line 14, at end insert— |
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| | | ‘(1A) | The Secretary of State may direct a local authority in England that is a partner in |
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| | | a Local Education Partnership (LEP) to provide information about the acoustic |
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| | | quality of schools to be built or refurbished by that LEP.’. |
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| | Clause 248, page 147, line 16, after ‘order’ insert ‘or regulations’. |
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| | Member’s explanatory statement
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| | The effect of this technical drafting amendment is that a statutory instrument containing |
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| | regulations under clause 5 or clause 9 is subject to annulment in pursuance of a resolution of the |
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| | National Assembly for Wales. |
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| | Clause 248, page 147, line 17, leave out first ‘or’ and insert ‘(other than an order |
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| | under section 8) or under’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 156: its effect is that an order under clause 8 will |
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| | not be subject to procedural requirements. |
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| | To move the following Clause:— |
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| | | ‘(1) | A local education authority may provide registered students at— |
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| | | (a) | a sixth form college, or |
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| | | (b) | a further education college, |
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| | | | who are over compulsory school age, but under 19, with lunches. |
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| | | (2) | Where provision is made under subsection (1) it shall be made in a case within |
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| | | paragraph (a) or (b) of that subsection, either on the college premises or at any |
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| | | other place where education is being provided. |
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| | | (3) | A local education authority shall exercise its power under subsection (1) to |
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| | | provide college lunches for any person if— |
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| | | (a) | any prescribed requirements are met, |
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| | | (b) | a request for the provision of college lunches has been made by or on |
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| | | behalf of that person to the authority, and |
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| | | (i) | that person is eligible for free lunches (as defined by section |
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| | | 512ZB (4) of the Education Act 1996, or |
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| | | (ii) | in the case of a person within subsection (1) (a), it would not be |
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| | | unreasonable for the authority to provide the lunches. |
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| | | (4) | Where the local education authority provides lunch in accordance with subsection |
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| | | (3) to a person who is eligible for free lunches, the authority shall provide the |
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| | | Further provision about transport policy statements |
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| | To move the following Clause:— |
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| | | ‘(1) | In section 509AB of the Education Act 1996 (c. 56) omit subsection (3)(d) and |
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| | | insert after subsection (7)— |
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| | | “(8) | In preparing a statement under that section a local education authority has |
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| | | a duty to provide affordable transport.”.’. |
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| | | Complaints about transport arrangements |
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| | To move the following Clause:— |
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| | | ‘(1) | After section 509AE of the Education Act 1996 (complaints about transport |
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| | | arrangements etc for persons of sixth form age in England) insert— |
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| | | “509AF | Complaints about transport arrangements etc for certain young |
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| | | (1) | A local education authority may revise a statement prepared under |
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| | | section 508F to change the arrangements specified under subsection (1) |
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| | | of that section if, as a result of a certain young adult’s transport |
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| | | complaint, they have come to consider the change necessary for the |
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| | | purpose mentioned in that subsection. |
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| | | (2) | A local education authority must revise a statement prepared under |
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| | | section 508F to change the arrangements specified under subsection (1) |
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