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back to previous amendments
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 303 | Page 79, line 34, at end insert "otherwise than a function relating to remuneration" |
| 304 | Page 79, line 35, leave out subsection (5) and insert— |
| "( ) | A report of relevant matters arising from the results of an appraisal may, with the consent of the teacher to whom the appraisal relates, be used in determining a teacher's remuneration." |
| 305 | Insert the following new Clause— |
| | "Amendment to Education (No. 2) Act 1986 |
| | In section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal of performance of teachers) in subsection (2)(a)(i) after "establishments" there is inserted— |
| "(ia) | to have regard to any guidance provided by the local education authority concerning matters to be taken into consideration in the appraisal of head teachers;"." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 306 | Page 80, line 24, leave out subsection (3) |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 307 | Page 80, line 39, leave out from second "may" to end of line 42 and insert "not be carried out by a person in a school unless he— |
| (a) | is a qualified teacher, or |
| (b) | satisfies specified requirements." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 308 | Page 80, line 41, leave out subsections (2) to (5) |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 309 | Page 81, line 1, leave out "subsection (1) or (2)" and insert "this section" |
| 310 | Page 81, line 7, leave out subsection (5) and insert— |
| "(5) | A requirement of regulations under this section may, in particular, relate to— |
| (a) | the possession of a specified qualification or experience of a specified kind; |
| (b) | participation in or completion of a specified programme or course of training; |
| (c) | compliance with a specified condition; |
| (d) | an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description. |
| (5A) | Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b)." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 311 | Page 81, line 19, leave out "129(2)" and insert "129(1)(b)" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 312 | Page 82, line 13, at end insert— |
| "( ) | Regulations made under subsection (1)— |
| (a) | shall not prohibit the provision of education by a person employed full-time who does not have a specified qualification for two years after taking up a first appointment in a further education institution, provided that person embarks on a course leading to such a qualification within that period; |
| (b) | shall not prohibit the provision of education by a person employed part-time who does not have a specified qualification for four years after taking up a first appointment in further education, provided that person has embarked upon a course of study leading to such a qualification within that period; and |
| (c) | may make different provisions as to the specified qualifications and other matters for those engaged in the provision of education on a part-time basis from those engaged full-time. |
| ( ) | In determining the qualifications to be specified under subsection (1), the Secretary of State shall have regard to the extent to which the qualifications match the standards laid down by any body recognised by her as being responsible for determining the competencies required for persons providing further education." |
| | 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 BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 313 | Page 84, line 16, after "kind" insert "for a local education authority or a governing body of a school or a further education institution" |
| 314 | Page 84, line 20, leave out paragraph (b) |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 315 | Page 84, line 24, at end insert— |
| | ""education" includes vocational, social, physical and recreational training," |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 316 | Page 84, line 42, leave out paragraph (c) and insert— |
| "(c) | providing education under a contract of employment or for services where the other party to the contract is a local education authority or a person exercising a function relating to the provision of education on behalf of a local education authority, and" |
| 317 | Page 85, line 1, leave out paragraphs (e) and (f) and insert— |
| "( ) | This section also applies to work of a kind which— |
| (a) | brings a person regularly into contact with children, and |
| (b) | is carried out at the request of or with the consent of a relevant employer (whether or not under a contract)." |
| 318 | Page 85, line 35, at end insert— |
| | ""education" includes vocational, social, physical and recreational training," |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 319 | Insert the following new Clause— |
| | "Directions under section 138: contractor, agency, &c. |
| (1) | A person shall not arrange for an individual who is subject to a direction under section 138 to carry out work in contravention of the direction. |
| (2) | If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty. |
| (3) | If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty. |
| (4) | A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order. |
| (5) | A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 320 | Page 86, line 33, leave out "137" and insert "136" |
| 321 | Insert the following new Clause— |
| | "Disclosure of information |
| | After paragraph 1(3) of Schedule 2 to the Teaching and Higher Education Act 1998 (c. 30) (disciplinary powers of council) there is inserted— |
| "(3A) | No person shall be charged with an offence under sub-paragraph (1) in respect of the disclosure of information or opinions to the Secretary of State, the Office for Standards in Education, a local education authority, an examination board or a local authority or any of their employees or agents. |
| (3B) | It shall be a defence to any charge under sub-paragraph (1) to show that the action or inaction in question was in the public interest."" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 322 | Page 164, leave out lines 40 and 41 and insert— |
| | "(1) The Council may undertake activities designed to promote the professional status of teaching." |
| 323 | Page 164, leave out line 41 and insert "professional status of teaching" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| 324 | Page 89, line 37, leave out "have" and insert "by order specify" |
| 325 | Page 89, line 37, leave out "specified in an order made by it" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 326 | Page 170, line 37, at end insert— |
| | In paragraph 18 of Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (rights of entry), in sub-paragraph 2(b) for "which he requires" there is substituted "which he reasonably requires"." |
| 327 | Page 94, line 22, leave out "if the registration authority so requires," |
| 328 | Page 94, line 23, at end insert ", and in particular on the internet" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 329 | 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" |
| 330 | Page 99, line 8, leave out from "out" to "in" in line 9 and insert "that work" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 331 | Page 101, line 29, at end insert— |
| "( ) | In section 6 (financial resources: conditions), after subsection (6) there is inserted— |
| "(7) | Regulations may be made under this section making provision requiring any person to whom resources are provided under section 5(1)(ea) to satisfy conditions relating to any matter referred to in subsections (3), (4) or (5) of this section or to any other matter as the Secretary of State may consider appropriate."" |
| 332 | Page 101, line 37, at end insert— |
| "(11) | The powers of the Secretary of State and the Chief Inspector under this section shall not be exercisable with the consequence that a school at which pupils of compulsory school age are registered shall be subject to inspection as part of an area inspection and to inspection under section 10 of the School Inspections Act 1996 (c. 57) at intervals of eighteen months or less."" |
| 333* | Page 105, line 36, leave out "may" and insert "shall" |
| 334* | Page 105, line 36, leave out "or" and insert "and" |
| 335* | Page 105, line 37, leave out "or" and insert "and" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 336 | Page 109, line 38, at end insert ", according to criteria which may include the nature of employment undertaken by a person, or that person's income, but not the type of school within which a person is employed" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 337 | Page 174, line 22, at end insert— |
| | "In section 2(7) of that Act after paragraph (a) there is inserted— |
| "(b) | shall at least once in each period of five years commencing upon the coming into effect of this Act, carry out a review of the system and framework of inspection and report thereon to the Secretary of State who shall lay a copy of that report before each House of Parliament;"." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 338 | 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;"." |
| 339 | 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. |
| | (2) It shall be the duty of the awarding body to comply with any direction under this section. |
| | (3) Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority— |
| (a) | in England and Wales, by a mandatory order, or |
| (b) | in Northern Ireland, by an order of mandamus."" |
| 340 | Page 176, line 33, at end insert— |
| | "2B (1) Section 29 of the Education Act 1997 (c. 44) (functions of the Qualifications, Curriculum and Assessment Authority for Wales 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 Wales who have not ceased to be of compulsory school age, |
| (b) | pupils at maintained nursery schools in Wales, and |
| (c) | children for whom funded nursery education is provided in Wales 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)(c); and references to assessment in schools include references to assessment in funded nursery education." |
| | (5) Subsections (3) and (4) are omitted. |
| | (6) At the end of subsection (5) there is inserted "; and "funded nursery education" has the meaning given by section 94 of the Education Act 2002"." |
| 341 | Page 177, line 17, at end insert— |
| | "5 After section 32 of the Education Act 1997 (c. 44) there is inserted— |
| "32A | Power of Authority to give directions |
| | (1) If it appears to the Qualifications, Curriculum and Assessment Authority for Wales— |
| (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. |
| | (2) It shall be the duty of the awarding body to comply with any direction under this section. |
| | (3) Any direction under this section is enforceable, on the application of the Qualifications, Curriculum and Assessment Authority for Wales, by a mandatory order."" |
| 342 | Page 177, line 17, at end insert— |
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