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Lord Whitty moved Amendments Nos. 257AB to 257AE:
Page 214, line 45, at end insert--
. In section 49(3) of the Education (No. 2) Act 1986 (appraisal of performance of teachers)--
(a) for paragraph (b) substitute--
"(b) at any special school which is not so maintained but is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 (approval of special schools);", and.
(b) omit paragraph (ba).").
Page 215, line 18, at end insert--
(". In Schedule 8 (provisions relating to the body to be known as the Education Transfer Council)--
(a) omit paragraph 6(3); and
(b) in paragraph 8--
(i) in sub-paragraph (4), omit "given with the consent of the Treasury"; and
(ii) in sub-paragraph (7), for "Treasury" substitute "Secretary of State".").
Page 216, line 1, leave out ("", where subsection (6) below applies,"") and insert ("from "and, where" to "that subsection"").
Page 216, line 45, at end insert--
. The Diocesan Boards of Education Measure 1991 shall be amended as follows.
. In section 3 (transactions for which advice or consent of Board is required)--
(a) in subsection (1), for the words from "before making" to the end substitute "before--
(a) publishing proposals for any prescribed alteration to the school under section 27(2)(b) of the School Standards and Framework Act 1998;
(b) publishing proposals for the discontinuance of the school under section 28(2) of that Act;
(c) serving notice of an intention to discontinue the school under section 29(1) of that Act;
(d) publishing proposals for changing the category of the school under paragraph 2 or 2A of Schedule 8 to that Act; or
(e) making any application to, or entering into any agreement with, any body or person for or in connection with any disposal (whether by sale or otherwise) of the premises of the school or any part of them.";
(b) in subsection (2), for "an aided or special agreement school" substitute "a voluntary aided school";
(c) omit subsections (4) and (5); and
(d) in subsection (6)--
(i) omit "or (5)", and
(ii) for "the secretary of the governing body" substitute "the clerk to the governing body".
. In section 7 (powers of Board to give directions to governing bodies)--
(a) for subsection (1) substitute--
"(1) Where the Board is satisfied that the governing body of a voluntary aided church school in the diocese in discharging, or failing to discharge, its functions so far as relating to--
(a) the making of any prescribed alteration to the school under Chapter II of Part II of the School Standards and Framework Act 1998, or
(b) the discontinuance of the school under that Chapter, or
(c) changing the school's category in accordance with paragraph 2 or 2A of Schedule 8 to that Act,
is acting in a manner which is not in the interests of that school or of church schools generally, the Board may, subject to subsection (1A) below, give directions to the governing body as to the discharge of those functions.
(1A) The Board may not, under subsection (1) above, give directions as to the publication of proposals under paragraph 2 or 2A of Schedule 8 to that Act which would prevent the publication of proposals for the school to become a foundation school.";
(b) in subsection (2), for "the secretary of the governing body" substitute "the clerk to the governing body";
(c) in subsection (3), for the words from the beginning of paragraph (a) onwards substitute--
"(a) publication of proposals for any prescribed alteration to the school under section 27(2)(b) of the School Standards and Framework Act 1998; or
(b) publication of proposals under paragraph 2 or 2A of Schedule 8 to that Act,
the Board may itself publish those proposals, and the provisions of that Act shall apply to anything done by the Board by virtue of this subsection as if it had been done by the governing body of the school.";
(d) omit subsection (5); and
(e) for the sidenote substitute "Powers of Board to give directions to governing bodies of voluntary aided church schools."
.--(1) Section 10 (interpretation) shall be amended as follows.
(2) In subsection (1)--
(a) omit the definition of "Church of England voluntary school", and
(b) for the definition of "church school" substitute--
""church school" means a foundation or voluntary school which is a Church of England school as defined by section 130(1) of the School Standards and Framework Act 1998;".
(3) Omit subsection (2).
(4) For subsection (3) substitute--
"(3) Expressions used in this Measure which are also used in the School Standards and Framework Act 1998 shall, unless the context otherwise requires, have the same meaning as in that Act."").
On Question, amendments agreed to.
[Amendment No. 257AF not moved.]
[Amendment No. 257L had been withdrawn from the Marshalled List.]
Lord Whitty moved Amendment No. 257M:
On Question, amendment agreed to.
[Amendments Nos. 257N and 257P had been withdrawn from the Marshalled List.]
Lord Whitty moved Amendments Nos. 257AG to 257AJ:
On Question, amendments agreed to.
[Amendment No. 258 not moved.]
Lord Whitty moved Amendments Nos. 258D and 258E:
On Question, amendments agreed to.
[Amendments Nos. 258A to 258C not moved.]
Lord Whitty moved Amendments Nos. 258F to 258L:
Page 217, line 11, after ("applies") insert (", and
(ii) any Education Action Forum established by virtue of section 10(1) of that Act").
Page 217, line 44, leave out ("subsection (5)") and insert ("subsections (4) and (5)").
Page 220, line 31, leave out ("324(5)(b) (statement of special educational needs),") and insert ("324 (statement of special educational needs)--
(a) in subsection (5)(b),").
Page 220, line 33, at end insert ("; and
(b) after subsection (5) insert--
"(5A) Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(4) of the School Standards and Framework Act 1998."").
Page 227, leave out lines 32 to 35 and insert--
("112. In section 509 (provision of transport etc.)--
(a) omit subsection (5)(a); and
(b) for subsection (6) substitute--
"(6) Regulations may require a local education authority to publish, at such times and in such manner as may be prescribed, such
information as may be prescribed with respect to the authority's policy and arrangements relating to the making of--
(a) provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) who are over compulsory school age and have not attained the age of 19; or
(b) provision under section 509A (travel arrangements for children receiving nursery education otherwise than at school)." ").
Page 227, line 46, leave out from beginning to end of line 1 on page 228.
Page 234, line 4, after ("group",") insert--
("( ) in the definition of "proprietor", for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary or community or foundation special school,",").
Page 234, line 11, after ("units)") insert--
("(a) in paragraph 6--
(i) for sub-paragraphs (1) and (2) substitute--
"(1) In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 351(1) (balanced and broadly based curriculum).
(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require--
(a) the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or
(b) such of them as may be prescribed to collaborate with each other in exercising,
such functions in relation to the curriculum as may be prescribed.", and.
(ii) in sub-paragraph (3)(a), for "or under any enactment referred to in sub-paragraph (2)" substitute "sub-paragraph (1) or (2)";
(b) omit paragraphs 12 and 13; and
(c)")
Page 234, line 31, after ("paragraphs"), insert ("9,").
Page 234, leave out line 32 and insert (", 42(4)(b), 75, 82(1)(b) and the "and" preceding it, 82(2)(a), 82(2)(c) and the "and" preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d);").
Page 234, line 34, at end insert ("; and
(g) Schedule 40 (transitory provisions.)").
Page 239, line 8, at end insert--
197. In section 36(3) of the Audit Commission Act 1998 (studies at request of educational bodies)--
(a) for the words from "corporation, a" to "school" substitute "corporation or further education corporation", and
(b) in paragraph (b), omit "or governing body".").
On Question, amendments agreed to.
Schedule 29, as amended, agreed to.
Schedule 30 [Repeals]:
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