Education Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 4, line 10, at end insert— |
| "(2A) | For the purposes of this Chapter a school teacher is "employed" at a school if he works at the school under a contract falling within paragraphs (b), (c) and (d) of section 118(3)." |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 8, line 34, after "State" insert "(in relation to England) or the National Assembly for Wales (in relation for Wales)" |
| Page 8, line 34, leave out "he considers" and insert "they consider" |
| Page 8, line 35, leave out "his" and insert "theirs" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 11, line 42, leave out paragraphs (a) and (b) and insert— |
| "(a) | persons elected or appointed as parent governors, |
| (b) | persons elected or appointed as staff governors," |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 24, leave out lines 3 to 6 |
| Page 24, line 17, leave out subsection (2) |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 27, line 29, at end insert— |
| "(3A) | Regulations made under section 45A(3) or by virtue of subsection (3)(b) may include provision requiring relevant authorities to consult schools forums in relation to prescribed matters or before taking prescribed decisions." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 41, line 34, leave out "an order of mandamus" and insert "a mandatory order" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 42, line 42, after "State" insert "(in relation to England) or the National Assembly for Wales (in relation to Wales)" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 44, line 23, after "State," insert "or a local education authority in Wales with the approval of the National Assembly for Wales, may" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 65, line 39, leave out "may" and insert "shall" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 66, line 20, leave out "in relation to the third key stage," |
| Page 66, line 29, leave out "(2)" and insert "(3)" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 67, line 4, at end insert— |
| "(c) | other selected subjects from section 101(3) or approved vocational courses" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 69, line 7, leave out "subsisting" and insert "it exists" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 69, line 14, leave out "subsisting" and insert "it exists" |
| Page 69, line 18, leave out "subsisting" and insert "it exists" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 69, line 37, leave out "either generally or" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 135 stand part of the Bill. |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 89, line 37, leave out "have" and insert "by order specify" |
| Page 89, line 37, leave out "specified in an order made by it" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 99, line 6, leave out from "that" to end of line 7 and insert "any person who, in relation to the school, carries out any work to which section 138 applies" |
| Page 99, line 8, leave out from "out" to "in" in line 9 and insert "that work" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 113, line 21, at end insert "including the costs to pupils' parents" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 115, line 29, at end insert— |
| "( ) | Such qualifying material shall not be unreasonably withheld from members of the public and shall be in such form and manner as to enable fair comparisons to be drawn with educational standards achieved in other schools." |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 190 stand part of the Bill. |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 116, line 46, after second "to" insert "parental wishes and" |
| Page 117, line 9, after first "to" insert "parental wishes and" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 122, line 40, leave out subsection (3) and insert— |
| "(3) | The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 123, line 22, at end insert— |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Leave out Clause 204 and insert the following new Clause— |
| (1) | Subsection (2) applies where— |
| (a) | this Act confers a function (in this section referred to as "the new function") on the Secretary of State by amendment of another Act, and |
| (b) | any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions). |
| (2) | The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) and, accordingly, the transfer may be varied or revoked by an Order in Council under that section. |
| (3) | For the purposes of section 22 of the Government of Wales Act 1998 (c. 38), an Order in Council made by virtue of subsection (2) or section 201(3) is to be treated as if it were revoking or varying a previous Order in Council. |
| (4) | Subsection (2) does not apply in relation to the amendment made by section 201(1)." |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| Page 124, line 28, leave out subsection (4) |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 124, line 30, at end insert— |
| | "contract of employment" has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 126, line 28, leave out "1 and 2" and insert "A1 to 2A and 5B" |
| Page 126, line 38, leave out "3 and 4" and insert "2B to 5A" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 129, line 18, leave out "and" and insert "or" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 134, line 25, leave out "by the governing body" |
| Page 134, leave out lines 38 to 41 and insert— |
| | ""the relevant authority" means— |
| (a) | the responsible body as defined by subsection (5) of section 49 of the Education Act 2002, or |
| (b) | a panel constituted in accordance with regulations under subsection (3)(c) of that section." |
| Page 139, line 3, at end insert— |
| | "Diocesan Boards of Education Measure 1991 |
| | 13A In section 3 of the Diocesan Boards of Education Measure 1991 (1991 No. 2) (transactions for which advice or consent of Board is required), after paragraph (c) there is inserted— |
| "(cc) | consulting under section 89(2) of that Act about proposed admission arrangements for any school year;"." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 151, line 20, at end insert— |
| | "Diocesan Boards of Education Measure 1991 (1991 No. 2) |
| | 1A (1) Section 10 of the Diocesan Boards of Education Measure 1991 is amended as follows. |
| | (2) In subsection (1), in the definition of "church school", at the end there is inserted "or an Academy falling within subsection (1A)". |
| | (3) After that subsection there is inserted— |
| | "(1A) An Academy falls within this subsection if— |
| (a) | at least one member of its governing body is appointed to that body to represent the interests of the Church of England; |
| (b) | the premises provided for the Academy when first established were so provided on trust that, in the event of the discontinuance of the Academy, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of the Church of England; or |
| (c) | the premises provided for the Academy when first established were so provided on trust in connection with the provision of education, or the conduct of an educational institution, in accordance with the tenets of the Church of England."" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| Page 176, line 5, at end insert— |
| | "A1 (1) Section 23 of the Education Act 1997 (c. 44) (functions of the Qualifications and Curriculum Authority in relation to curriculum and assessment) is amended as follows. |
| | (2) In subsection (1) for the words from "with respect to" to the end there is substituted "with respect to— |
| (a) | pupils at maintained schools in England who have not ceased to be of compulsory school age, |
| (b) | pupils at maintained nursery schools in England, and |
| (c) | children for whom funded nursery education is provided in England otherwise than at a maintained school or maintained nursery school." |
| (a) | in paragraph (a), for "such schools" there is substituted "maintained schools or maintained nursery schools", and |
| (b) | paragraph (f) and the word "and" immediately preceding it are omitted. |
| | (4) After subsection (2) there is inserted— |
| | "(2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(b); and references to assessment in schools include references to assessment in funded nursery education." |
| | (5) Subsections (3) and (4) are omitted. |
| | (6) In subsection (5), after "test;" there is inserted— |
| | ""funded nursery education" has the meaning given by section 73 of the Education Act 2002;"." |
| Page 176, line 32, at end insert— |
| | "2A After section 26 of the Education Act 1997 (c. 44) there is inserted— |
| "26A | Power of Authority to give directions |
| | (1) If it appears to the Qualifications and Curriculum Authority— |
| (a) | that any person (in this section referred to as "the awarding body") who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and |
| (i) | prejudices or would be likely to prejudice the proper award or authentication of the qualification, or |
| (ii) | prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification, |
the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect. |
