House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

41

House of Commons

Thursday 31 March 2011

Public Bill Committee Proceedings

Education Bill

[nineteenth and twentieth Sittings]

Schedule 10 Agreed to.

Mr Nick Gibb

That the Order of the Committee of 1 March be amended as follows—

   (a) in paragraph (1)(k) leave out ‘10.30 am and 4.00 pm’ and insert ‘9.00 am and 1.30

   pm’;

(b) in paragraph (4) leave out ‘7.00 pm’ and insert ‘6.00 pm’.

         Agreed to

Kevin Brennan

Mr Iain Wright

Negatived on division  158

Clause  37,  page  33,  line  37,  at end insert—

‘(ba)
persons appointed as local authority governors;’.

Kevin Brennan

Mr Iain Wright

Not called  159

Clause  37,  page  33,  line  37,  at end insert—

‘(ba)
persons elected as staff governors;’.

Kevin Brennan

Mr Iain Wright

Not called  160

Clause  37,  page  33,  line  37,  at end insert—

‘(ba)
persons appointed to be community governors;’.

Public Bill Committee Proceedings: 31 March 2011
42

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  161

Clause  37,  page  34,  line  4,  at end insert—

‘(1B)
The Secretary of State, in prescribing regulations, must require the existing

elected and appointed governors to consider the need for all groups which

contribute to the school community to be either elected or appointed to the school

governing body.’.

Kevin Brennan

Mr Iain Wright

Not called  162

Clause  37,  page  34,  line  4,  at end insert—

‘(1B)
The Secretary of State, in prescribing regulations, must require the existing

elected and appointed governors to consider the need for the diversity of the

school community to be reflected in the persons elected or appointed to the school

governing body.’.

Kevin Brennan

Mr Iain Wright

Not selected  163

Clause  37,  page  34,  leave out lines 7 to 18.

Clause Agreed to.

Clause 38 Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  164

Clause  39,  page  34,  line  32,  at end insert—

‘(4C)
However, the regulations must provide that if the local authority requests that a

school be inspected by the Chief Inspector under any provision, the Chief

Inspector must comply.

(4D)
In any event, the local authority must request an inspection if a petition supported

by 25 per cent. of the parents of registered pupils requests an inspection.’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  165

Clause  40,  page  35,  line  45,  at end insert—

‘(e)
the contribution of the school to community cohesion.’.

Public Bill Committee Proceedings: 31 March 2011
43

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  166

Clause  40,  page  36,  line  9,  at end insert—

‘(c)
the quality of the governance arrangements at the school;

(d)
whether the financial resources made available to the school are managed

effectively.’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Not called  167

Clause  41,  page  36,  line  23,  at end insert—

‘(1C)
However, the regulations must provide that if the local authority requests that a

college be inspected by the Chief Inspector under any provision, the Chief

Inspector must comply.

(1D)
In any event, the local authority must request an inspection if a petition supported

by 25 per cent. of the registered students requests an inspection.’.

Clause Agreed to.

Clause 42 Agreed to.

Clause 43 Agreed to.

Kevin Brennan

Mr Iain Wright

Negatived on division  169

Clause  44,  page  38,  line  42,  at beginning insert—


‘Subject to subsection (3)’.

Kevin Brennan

Mr Iain Wright

Withdrawn  171

Clause  44,  page  39,  leave out lines 2 to 8.

Kevin Brennan

Mr Iain Wright

Withdrawn  172

Clause  44,  page  39,  line  10,  leave out ‘omit subsections (3) and (4)’ and insert—

‘(i)
in subsection (2) (Bodies to which section 496 applies), after

“authority”, insert—

“(ab)
the proprietor of any Academy;”

(ii)
omit subsections (3) and (4).’.

Public Bill Committee Proceedings: 31 March 2011
44

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  173

Clause  44,  page  39,  line  12,  leave out ‘omit subsections (4) and (5)’ and insert—

‘(i)
in subsection (2) (Bodies to which section 497 applies), after

“authority”, insert—

“(ab)
the proprietor of any Academy;”

(ii)
omit subsections (4) and (5).’.

Kevin Brennan

Mr Iain Wright

Not called  170

Clause  44,  page  39,  line  28,  at end insert—

‘(3)
The Secretary of State must not commence this section under section 78

(Commencement) until six months after Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills with the Commissioner for Local

Administration have reported jointly to the Secretary of State on the operation of

Part 10, Chapter 2 (Complaints: England), ASCLA 2009, and the Secretary of

State has laid the report before Parliament.’.

Mr Graham Stuart

Not selected  77

Page  38,  line  41,  leave out Clause 44.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  174

Clause  45,  page  39,  line  33,  after ‘direction’, insert ‘approved by an affirmative

resolution by both Houses of Parliament,’.

Clause Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  175

Clause  46,  page  40,  line  4,  leave out ‘a significant’ and insert ‘an’.

Clause Agreed to.

Public Bill Committee Proceedings: 31 March 2011
45

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not selected  180

Clause  47,  page  40,  line  9,  at beginning insert—

‘(Z1)
In section 451 (Prohibition of charges for provision of education) of the EA 1996,

leave out “compulsory school age” and insert “from the September following the

pupil’s fourth birthday”.’.

Kevin Brennan

Mr Iain Wright

Withdrawn  176

Clause  47,  page  40,  line  10,  leave out subsection (2).

Kevin Brennan

Mr Iain Wright

Not called  178

Clause  47,  page  40,  line  11,  after ‘to’, insert ‘the marginal cost of’.

Kevin Brennan

Mr Iain Wright

Withdrawn  177

Clause  47,  page  40,  line  14,  leave out subsection (3) and (4).

Kevin Brennan

Mr Iain Wright

Not called  179

Clause  47,  page  40,  line  18,  after second ‘the’, insert ‘marginal’.

Kevin Brennan

Mr Iain Wright

Not called  181

Clause  47,  page  40,  line  20,  at end insert—

‘(6B)
Notwithstanding subsection (6A), no charge may be made in any circumstances

for early years provision if the pupil’s family is eligible for free early years

provision for two year olds under regulations made under section 7 of the

Childcare Act 2006.’.

Clause Agreed to.

Clause 48 Agreed to.

Kevin Brennan

Mr Iain Wright

Withdrawn  189

Schedule  11,  page  86,  line  39,  leave out paragraph 2.

Kevin Brennan

Mr Iain Wright

Withdrawn  182

Schedule  11,  page  87,  line  17,  leave out paragraph 3.

Public Bill Committee Proceedings: 31 March 2011
46

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Withdrawn  184

Schedule  11,  page  87,  line  25,  leave out paragraph 7.

Kevin Brennan

Mr Iain Wright

Not called  188

Schedule  11,  page  87,  line  33,  leave out paragraphs 8 and 9.

Kevin Brennan

Mr Iain Wright

Not called  183

Schedule  11,  page  87,  line  38,  leave out paragraph 10.

Kevin Brennan

Mr Iain Wright

Not called  185

Schedule  11,  page  88,  line  29,  leave out paragraph 13.

Mr Nick Gibb

Agreed to  202

Schedule  11,  page  89,  line  12,  at end insert—

‘
In section 53 (inspection of accounts), in subsection (2)—

(a)
after “section 15ZA” insert “or 18A”;

(b)
omit “61 or”.’.

Mr Nick Gibb

Agreed to  203

Schedule  11,  page  89,  line  15,  leave out from ‘for’ to end of line and insert ‘the

words from “Chief Executive of Skills Funding” to “Executive”)” substitute “Secretary

of State”.’.

Mr Nick Gibb

Agreed to  204

Schedule  11,  page  89,  leave out lines 16 to 18 and insert—

      ‘()
In subsection (3), for “Chief Executive” substitute “Secretary of State”.

      ()
Omit subsection (4).

      ()
In subsections (5) and (6), for “Chief Executive”, wherever occurring,

substitute “Secretary of State”.

      ()
For subsection (9) substitute—

“(9)
The Secretary of State may not give a direction to a governing body

under subsection (6)(c) which relates to the dismissal of a member of

staff.”’.

Mr Nick Gibb

Agreed to  205

Schedule  11,  page  89,  line  21,  at end insert—

‘
Section 56B (intervention policy: England) is repealed.


Section 56C (directions) is repealed.’.

Public Bill Committee Proceedings: 31 March 2011
47

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Not called  186

Schedule  11,  page  89,  line  24,  leave out paragraph 19.

Kevin Brennan

Mr Iain Wright

Not called  187

Schedule  11,  page  90,  line  13,  leave out paragraph 20.

Mr Nick Gibb

Agreed to  206

Schedule  11,  page  90,  leave out lines 21 and 22 and insert—

‘   (1)
Section 82 (joint exercise of functions) is amended as follows.

      (2)
For subsection (1) substitute—

“(1)
A relevant authority may exercise any of its functions jointly with—

(a)
another relevant authority, or

(b)
the Secretary of State, to the extent that the Secretary of State

is discharging functions under section 14 of the Education Act

2002,


where the condition in subsection (1B) is met.

(1A)
The Secretary of State may exercise functions under section 14 of the

Education Act 2002 jointly with a relevant authority where the

condition in subsection (1B) is met.

(1B)
The condition is that it appears to the persons who are to exercise

functions jointly that to do so—

(a)
will be more efficient, or

(b)
will enable them more effectively to discharge any of their

functions.”

      (3)
In subsection (2), for the words from the beginning to “provision” substitute

“A relevant authority must, if directed to do so by the Secretary of State, make

provision jointly with another relevant authority or with the Secretary of

State”.

      (4)
In subsection (3)(a) omit “the YPLA,”.’.

Mr Nick Gibb

Agreed to  207

Schedule  11,  page  91,  line  2,  leave out ‘7(7), 8’ and insert ‘7(2), (3), (4)(b), (5)(a),

(6) and (7), 8 to’.

Mr Nick Gibb

Agreed to  208

Schedule  11,  page  91,  line  4,  leave out ‘paragraph’ and insert ‘paragraphs 7 and’.

Schedule, as amended, Agreed to.



© Parliamentary copyright	Revised 1 April 2011