House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

49

House of Commons

Tuesday 5 April 2011

Public Bill Committee Proceedings

Education Bill

[Twenty-first and Twenty-second Sittings]

Kevin Brennan

Mr Iain Wright

Withdrawn  198

Clause  52,  page  43,  line  3,  at beginning insert—

‘(A1)
The Secretary of State must by regulations ensure the periodic inspection by the

Chief Inspector of 16 to 19 Academies and Alternative provision Academies.’.

Kevin Brennan

Mr Iain Wright

Not called  199

Clause  52,  page  43,  line  3,  at beginning insert—

‘(A1)
The Secretary of State must by regulations ensure that the arrangements that

apply to pupil exclusions from an Alternative provision Academy are the same as

those that apply to pupils in attendance at a Pupil Referral Unit.’.

Kevin Brennan

Mr Iain Wright

Withdrawn  197

Clause  52,  page  43,  leave out lines 5 to 11.

Clause Agreed to.

Schedule 12 Agreed to.

Clause 53 Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  218

Clause  54,  page  44,  line  20,  leave out ‘is converted into an Academy’ and insert

‘applies for an Academy Order’.

Public Bill Committee Proceedings: 5 April 2011
50

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  219

Clause  54,  page  44,  leave out lines 23 to 25.

Kevin Brennan

Mr Iain Wright

Withdrawn  220

Clause  54,  page  44,  line  29,  at end insert—

‘(aa)
the local authority, or’.

Kevin Brennan

Mr Iain Wright

Negatived on division  221

Clause  54,  page  44,  line  36,  at end insert ‘including parents of registered pupils,

registered pupils, school staff and the local authority.’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  222

Clause  55,  page  45,  line  7,  after ‘regulations’, insert ‘but in any event is not less

than half’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  223

Clause  56,  page  45,  line  35,  leave out ‘including’ and insert ‘excluding’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  224

Clause  57,  page  46,  line  10,  at end insert—

‘(1A)
An “existing educational institution” must not be a “selective school” as defined

in section 6(4) (definition of selective school).’.

Public Bill Committee Proceedings: 5 April 2011
51

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Withdrawn  225

Clause  57,  page  46,  line  15,  at end insert—

‘(2A)
In considering the effect of a proposed new or an expanded educational institution

on existing educational institutions in the area, the Secretary of State must

consider the effect in the light of the future need for school places.’.

Kevin Brennan

Mr Iain Wright

Not called  226

Clause  57,  page  46,  line  41,  at end insert ‘but must include parents of registered

pupils, registered pupils, staff of schools in the area of the proposed new educational

institution and the local authority.’.

Clause Agreed to.

Clauses 58 and 59 Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  227

Schedule  13,  page  93,  line  17,  before ‘school’, insert ‘maintained’.

Kevin Brennan

Mr Iain Wright

Not called  228

Schedule  13,  page  94,  line  43,  before ‘school’, insert ‘maintained’.

Kevin Brennan

Mr Iain Wright

Not called  229

Schedule  13,  page  96,  line  11,  before ‘school’, insert ‘maintained’.

Kevin Brennan

Mr Iain Wright

Withdrawn  230

Schedule  13,  page  99,  line  25,  at end insert ‘following independent arbitration.’.

Kevin Brennan

Mr Iain Wright

Withdrawn  231

Schedule  13,  page  103,  line  36,  after ‘regulations’, insert ‘requiring an affirmative

resolution of each House of Parliament’.

Schedule Agreed to.

Public Bill Committee Proceedings: 5 April 2011
52

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Withdrawn  232

Clause  60,  page  49,  line  15,  after ‘Academy’, insert—

‘(i)
the admission authorities for all maintained schools in the

relevant area;

(ii)
the Academy Trusts for all Academies in the relevant area;

(iii)
the governing bodies for all community and voluntary controlled

schools in the relevant area (so far as not falling within paragraph

(i) or (ii));

(iv)
.’.

Clause Agreed to.

Clause 61 Agreed to.

Schedule 14 Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  233

Clause  62,  page  49,  line  40,  at beginning insert ‘Subject to subsection (2),’.

Kevin Brennan

Mr Iain Wright

Not called  234

Clause  62,  page  49,  line  41,  at end insert—

‘(2)
Before the Secretary of State exercises the power to commence this section under

section 78 he must lay before Parliament a report which sets out arrangements—

(a)
on the funding, commissioning and maintenance of standards of 16-19

education, and funding Academies; and

(b)
he has put in place sufficient resource and expertise to carry out the

functions he is acquiring following the abolition of the YPLA.’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Not called  235

Clause  63,  page  50,  line  3,  leave out subsection (2).

Mr Nick Gibb

Agreed to  200

Clause  63,  page  50,  line  5,  leave out paragraph (a).

Public Bill Committee Proceedings: 5 April 2011
53

Education Bill, continued

Clause, as amended, Agreed to.

Mr Nick Gibb

Agreed to  209

Schedule  15,  page  110,  line  34,   at end insert—

‘Public Records Act 1958 (c. 51)


In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the

Table (definition of public records: other establishments and organisations)

omit “Young People’s Learning Agency for England.”

Parliamentary Commissioner Act 1967 (c. 13)


In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation) omit “The Young People’s Learning Agency for

England.”

Superannuation Act 1972 (c. 11)


In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,

referred to in section 1 of that Act) omit “The Young People’s Learning

Agency for England.”

House of Commons Disqualification Act 1975 (c. 24)


In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) omit the entry relating to members of the Young

People’s Learning Agency for England in receipt of remuneration.

Education (Fees and Awards) Act 1983 (c. 40)


In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities

and further education establishments), in subsection (3)(f), for “Young

People’s Learning Agency for England” substitute “Secretary of State”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)


In section 5 of the Disabled Persons (Services, Consultation and

Representation) Act 1986 (disabled persons leaving special education), in

subsection (9), in paragraph (c) of the definition of “the responsible

authority”—

(a)
omit “, the Young People’s Learning Agency for England”;

(b)
omit “, Young People’s Learning Agency for England”.

Employment Act 1988 (c. 19)


In section 26 of the Employment Act 1988 (status of trainees etc), for

subsection (1A) substitute—

“(1A)
The Secretary of State may make an order under subsection (1B)

where it appears to the Secretary of State that provision has been made

for trainees to receive payments—

Public Bill Committee Proceedings: 5 April 2011
54

Education Bill, continued

(a)
from the Secretary of State under section 14 of the Education

Act 2002,

(b)
from the Chief Executive of Skills Funding under section

100(1)(c) or (d) of the Apprenticeships, Skills, Children and

Learning Act 2009, or

(c)
from the Welsh Ministers under section 34(1)(c) of the

Learning and Skills Act 2000.

(1B)
An order under this subsection may provide—

(a)
that the trainees are, for the purposes and in the cases specified

or described in or determined under the order, to be treated in

respect of the training as being or as not being employed;

(b)
that where the trainees are treated as being employed they are

to be treated as being the employees of the persons so

specified, described or determined and of no others;

(c)
that where the trainees are treated as not being employed, they

are to be treated in such other manner as may be so specified,

described or determined; and

(d)
that the payments are to be treated for the purposes of such

enactments and subordinate legislation as may be so specified,

described or determined in such manner as may be so

specified, described or determined.


For the purposes of subsection (1A) and this subsection, trainees are

persons receiving or proposing to receive training.”

Education Reform Act 1988 (c. 40)


In section 128 (dissolution of higher education corporations), in subsection

(1)(b), omit sub-paragraph (iib).’.

Kevin Brennan

Mr Iain Wright

Withdrawn  236

Schedule  15,  page  111,  line  1,  leave out paragraph 2.

Mr Nick Gibb

Agreed to  210

Schedule  15,  page  111,  line  6,  at end insert—

‘SSFA 1998


In section 30 of SSFA 1998 (notice by governing body to discontinue

foundation or voluntary school), in subsection (3)(a)(i), for the words from

“Young” to “school” substitute “Secretary of State”.

LSA 2000


LSA 2000 is amended as follows.


In section 98 (approved qualifications: England), omit subsections (7) and (8).

    (1)
Section 144 (designated institutions: disposal of land, etc) is amended as

follows.

      (2)
In subsection (4)(b), for sub-paragraphs (i) and (ii) substitute—

“(i)
in the case of land in England held for the purposes of

a sixth form college, or land in Wales, by an arbitrator

Public Bill Committee Proceedings: 5 April 2011
55

Education Bill, continued

to be appointed in default of agreement by the

President of the Chartered Institute of Arbitrators;

(ii)
in the case of any other land in England, by the

Secretary of State.”

      (3)
After subsection (4) insert—

“(4A)
The expense of an arbitrator appointed under subsection (4)(b)(i) is to

be borne equally by the trustees and—

(a)
in the case of land in England, the Secretary of State;

(b)
in the case of land in Wales, the Welsh Ministers.”

      (4)
In subsection (9)(a), for “Young People’s Learning Agency for England”

substitute “Secretary of State”.


In Schedule 9 (amendments), omit paragraph 14.

Freedom of Information Act 2000 (c. 36)


In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

bodies and offices: general) omit “The Young People’s Learning Agency for

England.”’.

Mr Nick Gibb

Agreed to  211

Schedule  15,  page  111,  line  8,  at end insert—

‘
In section 183 (transfer of functions relating to allowances under section 181),

in subsection (1), omit paragraph (aa) (but not the “or” after it).’.

Mr Nick Gibb

Agreed to  212

Schedule  15,  page  111,  line  12,  at end insert—

‘HEA 2004


In section 41 (interpretation of Part 3), in subsection (2)(a), omit “61 or”.

Children Act 2004 (c. 31)


In section 10 (co-operation to improve wellbeing), in subsection (9)(c), omit

“66,”.

EA 2005


EA 2005 is amended as follows.


In section 14 (destination of reports: maintained schools), omit subsection (3).


In section 14A (destination of interim statements: maintained schools), omit

subsection (3).


In section 92 (joint exercise of functions), in subsection (2), omit “the Young

People’s Learning Agency for England,”.


In section 108 (supply of information: education maintenance allowances), in

subsection (3), omit paragraph (ba).

EIA 2006


EIA 2006 is amended as follows.



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