House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 26 March 2009
103

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  373

Clause  215,  page  124,  line  3,  at end insert—

‘(1A)
In considering a matter within its remit, the SSSNB must have regard to the

desirability of promoting school autonomy.’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Withdrawn  538

Clause  215,  page  124,  line  6,  leave out subsection (3).

Clause Agreed to.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not called  539

Clause  216,  page  124,  line  15,  leave out from ‘agreement’ to ‘make’ in line 16.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not called  541

Clause  216,  page  124,  line  16,  leave out from ‘agreement’ to end of line 19.

Clause Agreed to.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not called  542

Clause  217,  page  124,  line  30,  leave out ‘(a)’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  374

Clause  217,  page  124,  line  35,  at end add—

‘(3)
On making an order under subsection (2)(a), the Secretary of State must publish

a statement explaining the predicted impact of the order on school autonomy.’.

Public Bill Committee Proceedings: 26 March 2009
104

Apprenticeships, Skills, Children and Learning Bill, continued

Clause Agreed to.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not selected  543

Page  124,  line  36,  leave out Clause 218.

Clause Agreed to.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not called  544

Clause  219,  page  125,  line  12,  leave out ‘section 218(2)(b)’.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not called  545

Clause  219,  page  125,  line  34,  leave out subsection (7).

Clause Agreed to.

Jeff Ennis

Mrs Sharon Hodgson

Alison Seabeck

Not called  546

Clause  220,  page  126,  line  13,  leave out paragraph (c).

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  376

Clause  220,  page  126,  line  28,  at end insert—

‘(d)
the agreement fails to give due consideration to the desirability of

promoting school autonomy.’.

Public Bill Committee Proceedings: 26 March 2009
105

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  375

Clause  220,  page  126,  line  29,  at end add—

‘(7)
On making an order under subsection (2)(a), the Secretary of State must publish

a statement explaining the predicted impact of the order on school autonomy.’.

Clause Agreed to.

Clauses 221 to 228 Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Negatived on division  209

Clause  229,  page  130,  line  16,  at end insert—

‘(aa)
has reasonable grounds for suspecting that a pupil at the school may have

an item that, in the judgement of a member of staff, may present harm to

other pupils, staff or teachers;’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  337

Clause  229,  page  130,  line  19,  at end insert—

‘(2A)
In determining whether there are reasonable grounds under subsection (1)(a), the

member of staff may have access to any CCTV footage that the school may

have.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  353

Clause  229,  page  130,  line  26,  leave out paragraph (c) and insert—

‘(c)
any other item which, if it were to remain with the pupil or in his

possession, may constitute a risk of imminent harm to the pupil himself

or to any other person;’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  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.’.

Public Bill Committee Proceedings: 26 March 2009
106

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  90

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

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

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  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

Not called  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

Not called  91

Clause  229,  page  131,  leave out line 33.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Mr David Laws

Stephen Williams

Withdrawn  356

Clause  229,  page  131,  line  35,  after ‘section’, insert ‘and in section 550ZC’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Mr David Laws

Stephen Williams

Not called  354

Clause  229,  page  132,  line  2,  after ‘550ZA’, insert ‘or, if he is not the person

Public Bill Committee Proceedings: 26 March 2009
107

Apprenticeships, Skills, Children and Learning Bill, continued

carrying out the search, a member of the security staff of the school,’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Mr David Laws

Stephen Williams

Not called  355

Clause  229,  page  132,  line  6,  at beginning insert ‘in the case of a member of the

security staff of the school,’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  359

Clause  229,  page  132,  leave out lines 12 to 40 and insert—

‘(4)
A person who, under subsection (1), seizes any item other than alcohol and its

container, must deliver it to a police constable as soon as reasonably practicable.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Mr David Laws

Stephen Williams

Not called  357

Clause  229,  page  132,  line  40,  at end insert—

‘(10)
In this section—

“alcohol” has the same meaning as in section 191 of the Licensing Act 2003;

“controlled drug” has the same meaning as it has by virtue of section 2 of

the Misuse of Drugs Act 1971;

“stolen”, in relation to an article, has the same meaning as it has in section

24 of the Theft Act 1968.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  397

Clause  229,  page  133,  line  2,  leave out paragraph (a).

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Mr David Laws

Stephen Williams

Not called  358

Clause  229,  page  133,  line  4,  leave out paragraph (b).

Public Bill Committee Proceedings: 26 March 2009
108

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not moved  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

Not called  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.”’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  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

Not called  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).’.

Clause Agreed to.

Clause 230 Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  95

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

Public Bill Committee Proceedings: 26 March 2009
109

Apprenticeships, Skills, Children and Learning Bill, continued

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

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  96

Clause  231,  page  134,  leave out line 45.

Clause Agreed to.

Clause 232 Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  86

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

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  210

Clause  233,  page  136,  line  41,  at end insert ‘subject to the discretion and

professional judgement of the headteacher.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  87

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

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  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.’.

Clause Agreed to.

Clause 234 Agreed to.