Notices of Amendments: 19 July 2010

68

Academies Bill [Lords] continued

Ed Balls

Vernon Coaker

Kevin Brennan

Mr Iain Wright

Diana R. Johnson

Kerry McCarthy

31

Clause  6,  page  5,  line  1,  leave out subsection (9).

Caroline Lucas

12

Clause  6,  page  5,  line  4,  at end add—

‘(10)

After the conversion date the school must comply with any code for school

admissions issued under section 84 of SSFA which applied to the school on the

conversion date.’.

Caroline Lucas

16

Clause  6,  page  5,  line  4,  at end add—

‘(10)

The provisions of Chapter 4 of Part 10 of ASCLA 2009 (School support staff pay

and conditions: England) shall continue to apply to the school after the

conversion date.’.

Ed Balls

Vernon Coaker

Mr Iain Wright

Kevin Brennan

Diana R. Johnson

Kerry McCarthy

50

Clause  9,  page  7,  line  4,  at end insert—

‘(2A)

For the purposes of subsection (2) “impact” refers to—

(a)	the impact on funding for the other maintained schools, Academies and

institutions within the further education sector situated in the area in

which the additional school is (or is proposed to be) situated;

(b)	the effect on social cohesion in the area in which the additional school is

(or is proposed to be) situated;

(c)	the impact on the balance of intake for the other maintained schools,

Academies and institutions within the further education sector situated in

the area in which the additional school is (or is proposed to be) situated;

and

(d)	other appropriate considerations.’.

Ed Balls

Vernon Coaker

Mr Iain Wright

Kevin Brennan

Diana R. Johnson

Kerry McCarthy

51

Clause  9,  page  7,  line  4,  at end insert—

Notices of Amendments: 19 July 2010

69

Academies Bill [Lords] continued

‘(2A)

No person or organisation may offer inducements to pupils, parents or guardians

for the purposes of encouraging—

(a)	attendance at a school;

(b)	expressions of demand for the establishment of an additional school;

(c)	recommending attendance at a school;

(d)	participation in any consultation on the establishment of an additional

school; or

(e)	any public statement.’.

Ed Balls

Vernon Coaker

Kevin Brennan

Mr Iain Wright

Diana R. Johnson

Kerry McCarthy

29

Clause  9,  page  7,  line  9,  leave out subsection (4).

Ed Balls

Vernon Coaker

Kevin Brennan

Mr Iain Wright

Diana R. Johnson

Kerry McCarthy

33

Clause  10,  page  7,  line  13,  leave out subsection (1) and insert—

‘(1)	Before entering into Academy arrangements with the Secretary of State in

relation to an additional school, a person must consult—

(a)	local parents and children,

(b)	local schools,

(c)	the relevant local authority,

(d)	all school staff and their representatives, and

(e)	any other persons deemed appropriate.’.

Caroline Lucas

5

Clause  10,  page  7,  line  14,  leave out ‘such’ and insert—

‘(a)	the local education authority for the area in which the additional school

is (or is proposed to be) situated,

(b)	the teachers at maintained schools, Academies and institutions within the

further education sector in that area,

(c)	the pupils at any establishment falling within paragraph (b),

(d)	the parents of those pupils,

(e)	such persons as, in the opinion of the person undertaking the

consultation, represent the wider community, and

(f)	such other’.

Notices of Amendments: 19 July 2010

70

Academies Bill [Lords] continued

Ed Balls

Vernon Coaker

Mr Iain Wright

Kevin Brennan

Diana R. Johnson

Kerry McCarthy

52

Clause  10,  page  7,  line  15,  at end insert—

‘(1A)

Before entering into Academy arrangements in relation to an additional school

the Secretary of State must seek in agreement with the relevant local authority to

establish suitable equivalent provisions in existing schools, Academies, or

institutions in the further education sector in the area in which the additional

school is (or is proposed to be) situated.’.

new clauses relating to clauses 9 and 10

Duty to promote community cohesion

Dan Rogerson

nc2

To move the following Clause:—

‘The proprietor of an Academy in the discharging of the functions of the school

shall be required to promote community cohesion.’.

Local policies in relation to additional schools

Ed Balls

Vernon Coaker

Mr Iain Wright

Kevin Brennan

Diana R. Johnson

Kerry McCarthy

nc3

To move the following Clause:—

‘(1)	A local authority must at the annual general meeting of that authority publish a

“Statement of current and future need” in relation to school places in that local

authority area.

(2)	This statement—

(a)	may consider the need for further diversity of provision in a given area;

(b)	may consider the satisfaction of local parents with existing schools;

(c)	must have regard to social cohesion; and

(d)	must have regard to population and the current and future demand for

total school places.

(3)	The Secretary of State must—

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Academies Bill [Lords] continued

(a)	satisfy himself that the additional school meets substantive needs as set

out in the statement under subsection (1);

(b)	where the additional school does not meet substantive needs set out in the

statement under subsection (1) the Secretary of State must arrange for

any substantive identified needs to be met; or

(c)	must not enter into Academy arrangements for the additional school

under consideration.’.

Caroline Lucas

3

Clause  12,  page  8,  line  5,  leave out subsection (4).

Caroline Lucas

2

Page  7,  line  35,  leave out Clause 12.

Caroline Lucas

13

Schedule  2,  page  18,  line  26,  at end insert—

‘9A	In section 84(1) of SSFA (code for school admissions) after paragraph (b)

insert—

“(bza)

Academies,”.’.

Caroline Lucas

17

Schedule  2,  page  20,  line  10,  at end insert—

‘25A	In section 240(3) (meaning of “school support staff”) at the end of paragraph

(a) insert “or is employed by an Academy;”.’.

Dr John Pugh

Owen Smith

Bill Esterson

8

Clause  3,  page  3,  line  11,  at end insert—

‘(1A)

In the case of a member or members of a governing body objecting to an

application under subsection (1), there shall be a ballot of the parents of children

enrolled at the school, subject to regulations laid down by the Secretary of State.’.

Dan Rogerson

48

Clause  3,  page  3,  line  15,  at end insert—

‘(3A)

The governing body of a primary school is not eligible to apply under subsection

(1).

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Academies Bill [Lords] continued

(3B)	Two years after Royal Assent, the following is substituted for subsection (3A)—

“( )	The governing body of a primary school which has fewer than five

hundred registered pupils is not eligible to apply under subsection (1).

( )	The Secretary of State may by order amend this section to allow the

governing body of a federation to apply, or the governing bodies of a

number of schools to apply jointly, for an Academy Order provided the

total of primary-aged registered pupils in the federation, or group of

schools, is five hundred or more.”.’.

Caroline Lucas

4

Clause  5,  page  4,  line  11,  leave out ‘such’ and insert—

‘(a)	the local education authority,

(b)	the teachers at the school,

(c)	the pupils,

(d)	the pupils’ parents,

(e)	such persons as in their opinion represent the wider community, and

(f)	such other’.

Ian Mearns

18

Clause  5,  page  4,  line  11,  at end insert ‘including the local authority for that area.’.

Dr John Pugh

Owen Smith

Bill Esterson

9

Clause  5,  page  4,  line  14,  leave out ‘an Academy order, or’.

Dr John Pugh

Owen Smith

Bill Esterson

10

Clause  5,  page  4,  line  15,  at end add—

‘(4)	Consultation on academy status should not be led by any member of a governing

body who may benefit financially as a result of conversion to academy status or

whose salary, terms or conditions may be affected by such conversion.’.

Secretary Michael Gove

7

Clause  20,  page  10,  line  25,  leave out subsection (3).

Notices of Amendments: 19 July 2010

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Academies Bill [Lords] continued

New Clause relating to Clauses 3 to 5

Reversion of Academies to maintained status

Caroline Lucas

NC1

To move the following Clause:—

‘(1)	This section applies to any former maintained school which has been converted

into an Academy under section 4.

(2)	The governing body must make arrangements for the holding of a ballot of

parents under this section if at least 10 per cent of the parents of pupils at the

Academy request it to do so.

(3)	The purpose of a ballot under this section is to determine whether the parents of

pupils at the Academy want the Academy to be converted into a maintained

school.

(4)	If the result of the ballot is in favour of conversion, the Secretary of State must—

(a)	revoke the Academy order, and

(b)	take such other steps as he considers necessary to convert the Academy

into a maintained school.’.

Order of the House [19 JULY 2010]

That the following provisions shall apply to the Academies Bill [Lords]:

Committal

1.	The Bill shall be committed to a Committee of the whole House.

Proceedings

2.	Proceedings in Committee, any proceedings on consideration and

proceedings on Third Reading shall be completed in three days.

3.	Proceedings in Committee shall be taken on each of those days as shown in

the first column of the following table and in the order so shown.

4.	The Proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

          TABLE

	Proceedings	Time for conclusion of proceedings
	First day
	Clauses 1,6, 9 and 10, new Clauses	Three hours after the moment of
	relating to Clauses 1, 6, 9, or 10,	interruption.
	new Schedules relating to Clauses
	1, 6, 9, or 10.

Notices of Amendments: 19 July 2010

74

Academies Bill [Lords] continued

	Second day
	Clauses 2, 7, 8 and 11 to 13,	One hour before the moment of
	Schedule 1, Clause 14, Schedule 2,	interruption.
	Clause 15, new Clauses relating to
	Clauses 2, 7 or 8 or any of Clauses
	11 to 15 or Schedule 1 or 2, new
	Schedules relating to Clauses 2, 7
	or 8 or any of Clauses 11 to 15 or
	Schedule 1 or 2.

	Third day
	Clauses 3 to 5, Clauses 16 to 20,	One hour before the moment of
	new Clauses relating to any of	interruption.
	Clauses 3 to 5 or 16 to 20, new
	Schedules relating to any of
	Clauses 3 to 5 or 16 to 20,
	remaining proceedings on the Bill.

5.	Any proceedings on consideration and proceedings on Third Reading shall

(so far as not previously concluded) be brought to a conclusion at the moment

of interruption on the third day.

Programming Committee

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings in Committee, any proceedings on consideration or proceedings

on Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

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Revised 20 July 2010