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Lord Whitty moved Amendments Nos. 246E and 246A:
On Question, amendments agreed to.
[Amendment No. 247 not moved.]
[Amendments Nos. 248 to 255 not moved.]
Lord Whitty moved Amendment No. 255A:
On Question, amendment agreed to.
Clause 127, as amended, agreed to.
Clause 129 [Minor and consequential amendments and repeals]:
Lord Whitty moved Amendment No. 255D:
On Question, amendment agreed to.
Clause 129, as amended, agreed to.
Lord Whitty moved Amendment No. 255C:
Page 96, line 19, at end insert ("or paragraph 4A(3) of Schedule 31").
Page 96, line 20, leave out ("subsection (4)") and insert ("subsections (4) and (4A)").
Page 96, line 25, at end insert--
("(4A) Subsection (3) also does not apply to--
(a) any order under--
(i) paragraph 19 of Schedule 18, or
(ii) paragraph 16 of Schedule 24 or paragraph 14 of Schedule 25; or
(b) the first regulations to be made under--
(i) section 37(3) or 38(1),
(ii) section 45, 46 or 47(1), or
(iii) section 100 or 101(2);
and no such order or regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(4B) If a draft of the statutory instrument containing any such regulations under section 100 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.").
Page 97, line 12, after ("30") insert ("(which include certain spent enactments)").
After Clause 129, insert the following new clause--
(" .--(1) For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities if the area served by the school is--
(a) a parish or community;
(b) an area in England which is not within a parish and is not situated in--
(i) a county for which there is no council, or
(ii) a county in which there are no district councils; or
(c) an area comprising two or more areas each of which falls within paragraph (a) or (b).
(2) Where the area served by the school is a parish--
(a) the parish council (if there is one), or
(b) the parish meeting (if there is no parish council),
is the minor authority in relation to the school.
(3) Where the area served by the school is a community, the community council is the minor authority in relation to the school.
(4) Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.
(5) Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a minor authority in relation to the school.
(6) In subsection (5) "the relevant authorities" means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be minor authorities in relation to the school.
(7) References in this section to the area served by a school are references to the area appearing to the local education authority to be served by the school.").
On Question, amendment agreed to.
Clause 130 [General interpretation]:
Lord Whitty moved Amendment No. 255B:
On Question, amendment agreed to.
Baroness Seccombe moved Amendment No. 256:
The noble Baroness said: With the leave of the Committee I move this amendment on behalf of my noble friend Lord Lucas who apologises for the fact that he cannot be in the Chamber. He would like to know the answer to a very simple question. In Clause 130(1) under "general interpretation" there are two paragraphs
The definition relating to "Church of England school" ends with,
My noble friend Lord Lucas would like to know why the Welsh are being discriminated against and why the Secretary of State should have that power in relation to the Church in Wales. I beg to move.
Lord McIntosh of Haringey: The Church in Wales is different from the Church of England in that every diocese of the Church of England must by law have established a diocesan board of education. While one would expect each diocese of the Church in Wales to have established such a body with specific responsibility for educational matters, there is no legal requirement and also no reason why such a body should be known as,
We have to have the provision which the amendment seeks to remove. I understand that the amendment does not have the support of the Church in Wales, and I invite the noble Baroness to withdraw it.
Baroness Seccombe: I am now better informed and I am sure that my noble friend Lord Lucas will enjoy reading in Hansard what the Minister has said. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Lord Whitty moved Amendments Nos. 256A and 256B:
On Question, amendments agreed to.
[Amendment No. 257 had been withdrawn from the Marshalled List.]
Lord Whitty moved Amendments Nos. 257A, 257Q and 257B:
Lord McIntosh of Haringey: These are opposition amendments.
The Deputy Chairman of Committees (Lord Skelmersdale): According to my Marshalled List, they come after Amendment No. 256A which stands in the name of the noble Baroness, Lady Blackstone, who I do not think is a member of the Opposition.
On Question, amendments agreed to.
Clause 130, as amended, agreed to.
[Amendment No. 257C had been withdrawn from the Marshalled List.]
Lord Whitty moved Amendments Nos. 257D, 257E, 257R and 257F:
On Question, amendments agreed to.
[Amendment No. 257G had been withdrawn from the Marshalled List.]
Page 97, line 22, leave out from beginning to second ("and") in line 23 and insert ("relation to which the religion or religious denomination specified under section 66(4) is 'Church in Wales'").
Page 97, line 26, leave out from ("situated") to end of line 27.
"means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese".
"the Diocesan Board of Education for the diocese of the Church of England in which the school is situated".
"the Diocesan Board of Education".
Page 97, line 29, leave out from ("in") to ("and") in line 31 and insert ("relation to which the religion or religious denomination specified under section 66(4) is 'Church of England'").
Page 97, line 33, at end insert--
(""community or foundation special school" means a community special school or a foundation special school;").
Page 98, line 6, leave out from ("in") to ("and") in line 8 and insert ("relation to which the religion or religious denomination specified under section 66(4) is 'Roman Catholic'").
Page 98, line 11, after ("authority"") insert (", in relation to any time on or after the appointed day,").
Page 98, line 19, at end insert--
("(2A) Any reference in this Act to the religion or religious denomination specified in relation to a school under section 66(4) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.
(2B) As a result of subsection (2A), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act to "the appropriate diocesan authority" is--
(a) in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or
(b) in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context of section 16(7), to both of them acting together).").
Page 99, line 22, column 2, at end insert ("and (2B)").
Page 99, line 33, at end insert--
("community or foundation special school section 130(1)")
Page 99, line 38, at end insert--
("disposing of land section 130(4)")
Page 100, line 8, column 1, after ("body") insert--
("(in Chapter III of Part I) section 10(6)")
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