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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | Clause 37, page 33, line 37, at end insert— |
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| | | ‘(ba) | persons appointed as local authority governors;’. |
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| | Clause 37, page 33, line 37, at end insert— |
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| | | ‘(ba) | persons elected as staff governors;’. |
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| | Clause 37, page 33, line 37, at end insert— |
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| | | ‘(ba) | persons appointed to be community governors;’. |
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| | Clause 37, page 34, line 4, at end insert— |
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| | | ‘(1B) | The Secretary of State, in prescribing regulations, must require the existing |
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| | | elected and appointed governors to consider the need for all groups which |
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| | | contribute to the school community to be either elected or appointed to the school |
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| | Clause 37, page 34, line 4, at end insert— |
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| | | ‘(1B) | The Secretary of State, in prescribing regulations, must require the existing |
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| | | elected and appointed governors to consider the need for the diversity of the |
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| | | school community to be reflected in the persons elected or appointed to the school |
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| | Clause 37, page 34, leave out lines 7 to 18. |
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| | Clause 39, page 34, line 32, at end insert— |
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| | | ‘(4C) | However, the regulations must provide that if the local authority requests that a |
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| | | school be inspected by the Chief Inspector under any provision, the Chief |
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| | | (4D) | In any event, the local authority must request an inspection if a petition supported |
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| | | by 25 per cent. of the parents of registered pupils requests an inspection.’. |
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| | Clause 40, page 35, line 45, at end insert— |
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| | | ‘(e) | the contribution of the school to community cohesion.’. |
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| | Clause 40, page 36, line 9, at end insert— |
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| | | ‘(c) | the quality of the governance arrangements at the school; |
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| | | (d) | whether the financial resources made available to the school are managed |
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| | Clause 41, page 36, line 23, at end insert— |
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| | | ‘(1C) | However, the regulations must provide that if the local authority requests that a |
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| | | college be inspected by the Chief Inspector under any provision, the Chief |
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| | | (1D) | In any event, the local authority must request an inspection if a petition supported |
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| | | by 25 per cent. of the registered students requests an inspection.’. |
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| | Clause 44, page 38, line 42, at beginning insert— |
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| | | | ‘Subject to subsection (3)’. |
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| | Clause 44, page 39, leave out lines 2 to 8. |
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| | Clause 44, page 39, line 10, leave out ‘omit subsections (3) and (4)’ and insert— |
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| | | ‘(i) | in subsection (2) (Bodies to which section 496 applies), after |
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| | | “(ab) | the proprietor of any Academy;” |
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| | | (ii) | omit subsections (3) and (4).’. |
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| | Clause 44, page 39, line 12, leave out ‘omit subsections (4) and (5)’ and insert— |
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| | | ‘(i) | in subsection (2) (Bodies to which section 497 applies), after |
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| | | “(ab) | the proprietor of any Academy;” |
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| | | (ii) | omit subsections (4) and (5).’. |
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| | Clause 44, page 39, line 28, at end insert— |
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| | | ‘(3) | The Secretary of State must not commence this section under section 78 |
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| | | (Commencement) until six months after Her Majesty’s Chief Inspector of |
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| | | Education, Children’s Services and Skills with the Commissioner for Local |
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| | | Administration have reported jointly to the Secretary of State on the operation of |
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| | | Part 10, Chapter 2 (Complaints: England), ASCLA 2009, and the Secretary of |
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| | | State has laid the report before Parliament.’. |
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| | Page 38, line 41, leave out Clause 44. |
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| | Clause 45, page 39, line 33, after ‘direction’, insert ‘approved by an affirmative |
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| | resolution by both Houses of Parliament,’. |
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| | Clause 46, page 40, line 4, leave out ‘a significant’ and insert ‘an’. |
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| | Clause 47, page 40, line 9, at beginning insert— |
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| | | ‘(Z1) | In section 451 (Prohibition of charges for provision of education) of the EA 1996, |
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| | | leave out “compulsory school age” and insert “from the September following the |
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| | | pupil’s fourth birthday”.’. |
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| | Clause 47, page 40, line 10, leave out subsection (2). |
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| | Clause 47, page 40, line 11, after ‘to’, insert ‘the marginal cost of’. |
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| | Clause 47, page 40, line 14, leave out subsection (3) and (4). |
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| | Clause 47, page 40, line 18, after second ‘the’, insert ‘marginal’. |
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| | Clause 47, page 40, line 20, at end insert— |
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| | | ‘(6B) | Notwithstanding subsection (6A), no charge may be made in any circumstances |
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| | | for early years provision if the pupil’s family is eligible for free early years |
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| | | provision for two year olds under regulations made under section 7 of the |
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| | Schedule 11, page 86, line 39, leave out paragraph 2. |
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| | Schedule 11, page 87, line 17, leave out paragraph 3. |
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| | Schedule 11, page 87, line 25, leave out paragraph 7. |
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| | Schedule 11, page 87, line 33, leave out paragraphs 8 and 9. |
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| | Schedule 11, page 87, line 38, leave out paragraph 10. |
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| | Schedule 11, page 88, line 29, leave out paragraph 13. |
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| | Schedule 11, page 89, line 12, at end insert— |
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| | | ‘ | In section 53 (inspection of accounts), in subsection (2)— |
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| | | (a) | after “section 15ZA” insert “or 18A”; |
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| | Schedule 11, page 89, line 15, leave out from ‘for’ to end of line and insert ‘the |
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| | words from “Chief Executive of Skills Funding” to “Executive”)” substitute “Secretary |
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| | Schedule 11, page 89, leave out lines 16 to 18 and insert— |
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| | | ‘() | In subsection (3), for “Chief Executive” substitute “Secretary of State”. |
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| | | () | In subsections (5) and (6), for “Chief Executive”, wherever occurring, |
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| | | substitute “Secretary of State”. |
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| | | () | For subsection (9) substitute— |
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| | | “(9) | The Secretary of State may not give a direction to a governing body |
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| | | under subsection (6)(c) which relates to the dismissal of a member of |
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| | Schedule 11, page 89, line 21, at end insert— |
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| | | ‘ | Section 56B (intervention policy: England) is repealed. |
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| | | | Section 56C (directions) is repealed.’. |
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| | Schedule 11, page 89, line 24, leave out paragraph 19. |
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| | Schedule 11, page 90, line 13, leave out paragraph 20. |
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| | Schedule 11, page 90, leave out lines 21 and 22 and insert— |
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| | | ‘ (1) | Section 82 (joint exercise of functions) is amended as follows. |
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| | | (2) | For subsection (1) substitute— |
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| | | “(1) | A relevant authority may exercise any of its functions jointly with— |
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| | | (a) | another relevant authority, or |
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| | | (b) | the Secretary of State, to the extent that the Secretary of State |
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| | | is discharging functions under section 14 of the Education Act |
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| | | | where the condition in subsection (1B) is met. |
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| | | (1A) | The Secretary of State may exercise functions under section 14 of the |
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| | | Education Act 2002 jointly with a relevant authority where the |
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| | | condition in subsection (1B) is met. |
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| | | (1B) | The condition is that it appears to the persons who are to exercise |
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| | | functions jointly that to do so— |
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| | | (a) | will be more efficient, or |
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| | | (b) | will enable them more effectively to discharge any of their |
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| | | (3) | In subsection (2), for the words from the beginning to “provision” substitute |
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| | | “A relevant authority must, if directed to do so by the Secretary of State, make |
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| | | provision jointly with another relevant authority or with the Secretary of |
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| | | (4) | In subsection (3)(a) omit “the YPLA,”.’. |
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| | Schedule 11, page 91, line 2, leave out ‘7(7), 8’ and insert ‘7(2), (3), (4)(b), (5)(a), |
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| | Schedule 11, page 91, line 4, leave out ‘paragraph’ and insert ‘paragraphs 7 and’. |
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| | Clause 49, page 40, line 26, at beginning insert ‘Subject to subsection (5)’. |
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| | Clause 49, page 40, line 36, at end insert— |
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| | | ‘(5) | Notwithstanding the amendments made by subsections (1) to (4), a local authority |
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| | | may elect to categorise a Pupil Referral Unit as a Short Stay School.’. |
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| | Clause 51, page 41, line 10, leave out ‘(2)’ and insert ‘(1A)’. |
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| | Clause 51, page 41, line 10, at end insert— |
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| | | ‘(1A) | In subsection (1), after “enter”, insert “, by order”.’. |
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| | Clause 51, page 41, line 10, at end insert— |
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| | | ‘(1A) | The Secretary of State must lay before Parliament the criteria by which he judges |
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| | | whether a person is a fit and proper person to whom he may enter into Academy |
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| | | arrangements, and these criteria must be approved by resolution of both Houses |
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| | | of Parliament before they come into effect.’. |
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