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| Clause 194, page 111, line 37, at end insert— |
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| | ‘(aa) | a decision relating to the disciplining of a pupil or any other matter |
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| | relating to pupil behaviour or the enforcement of the published rules of |
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| Clause 194, page 111, line 37, at end insert— |
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| | ‘(aa) | a decision about whether to suspend or exclude permanently a pupil;’. |
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| Clause 194, page 112, line 13, after ‘school’, insert ‘an Academy’. |
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| Clause 195, page 112, line 46, at end insert ‘or if the local Commissioner considers |
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| the complaints to be vexatious or malicious’. |
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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 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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| 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 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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| 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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| Clause 229, page 132, line 40, at end insert— |
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| | “alcohol” has the same meaning as in section 191 of the Licensing Act 2003; |
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| | “controlled drug” has the same meaning as it has by virtue of section 2 of |
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| | the Misuse of Drugs Act 1971; |
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| | “stolen”, in relation to an article, has the same meaning as it has in section |
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| | 24 of the Theft Act 1968.’. |
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| Clause 229, page 133, line 2, leave out paragraph (a). |
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| Clause 229, page 133, line 4, leave out paragraph (b). |
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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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