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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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| | 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 6, at end insert— |
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| | | ‘(c) | the management committee of a school falling within section 19(2B) of |
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| | | the Education Act 1996 (c.56) (pupil referral units).’. |
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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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| | | ‘( ) | reduce exclusion rates for pupils with special educational needs.’. |
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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 10, at end insert— |
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| | | ‘(2A) | In performing their duties under this section, relevant partners must require as a |
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| | | condition of admission to the school, the agreement of “home-school contracts” |
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| | | between the school and each pupil, establishing the required levels of compliance |
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| | | with the rules of the school.’. |
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| | Clause 235, page 138, line 12, after ‘State’, insert ‘, with any such guidance |
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| | ensuring that relevant partners shall not be forced into partnerships against the wishes of |
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| | the governing bodies of those relevant partners.’. |
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| | Clause 235, page 138, line 12, leave out ‘from time to time’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 290. |
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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 237, page 139, line 14, at end insert ‘, including expenditure on pupils with |
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| | special educational needs.’. |
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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 152: its effect is that an order under clause 8 will |
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| | not be subject to procedural requirements. |
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| Clause 248, page 147, line 17, after ‘section’, insert ‘[Recoupment],’. |
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| | Schedule 16, page 223, line 36, leave out ‘, paragraphs 1, 3(1)(b) and 4(3)’ and |
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| | | (b) | paragraph 2 (and the italic heading before it); |
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| | | (c) | paragraph 3(1)(b) (and the word “and” before it); |
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| | | (e) | paragraph 29(a) (and the word “and” after it).’. |
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| | | Member’s explanatory statement
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| | | This amendment inserts new entries into Schedule 16 (the repeals Schedule) to reflect repeals |
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| | | made by Schedule 12 to the Bill, including those related to amendments 501 and 502. |
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| | Schedule 16, page 224, line 7, second column, at end insert— |
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| | | ‘In section 216(2), the words “paragraphs 1 to 4 and |
| | | | | | 9 of Schedule 17, and section 189 so far as relating |
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| | | Member’s explanatory statement
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| | | This amendment inserts new entries into Schedule 16 (the repeals Schedule) for a provision which |
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| | | is spent as a result of the provisions in Schedule 12 to the Bill. |
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| | | Clause 255, page 149, line 29, at end insert— |
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| | | ‘(fa) | section [Recoupment], so far as relating to Wales;’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequent on new clause 28. |
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| | Clause 255, page 149, line 30, after ‘paragraphs’ insert ‘7C,’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 502. It allows the Welsh Ministers to commence the |
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|
