Education Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 21st March 2002, as follows—
Clauses 6 to 18
Schedule 1
Clauses 19 to 35
Schedule 2
Clauses 36 to 38
Schedule 3
Clauses 39 to 48
Schedule 4
Clauses 49 to 53
Schedule 5
Clauses 54 to 56
Schedule 6
Clauses 57 to 62
Schedule 7
Clauses 63 to 66
Schedule 8
Clauses 67 and 68
Schedule 9
Clauses 69 to 71
Schedule 10
Clauses 72 to 115 | Schedule 11
Clauses 116 to 143
Schedule 12
Clauses 144 to 147
Schedule 13
Clauses 148 to 150
Schedule 14
Clauses 151 to 180
Schedule 15
Clause 181
Schedule 16
Clause 182
Schedule 17
Clauses 183 to 188
Schedule 18
Clauses 189 to 192
Schedule 19
Clauses 193 to 199
Schedule 20
Clauses 200 to 210
Schedules 21 and 22 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS DAVID
THE LORD PESTON |
| 38A | Page 5, line 10, at end insert "or local education authority" |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 39 | Page 5, line 19, at end insert— |
| "( ) | No order may be made under subsection (2), nor may any provision be made in such an order, unless the Secretary of State or the National Assembly for Wales, as the case may be, is satisfied that such order or provision may be made without detriment to the education at the school of those pupils having special educational needs." |
| 40 | Page 5, line 27, at end insert— |
| "( ) | The Secretary of State or the National Assembly for Wales may from time to time publish statistics to inform the public of the effects of the application of this Chapter." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 41 | Page 5, line 30, at end insert— |
| "( ) | In so far as regulations made under this section relate to a curriculum provision, they shall, in addition to providing for an exemption or modification, require persons responsible for the delivery of the curriculum in any school to have regard to the need to deliver a broad and balanced curriculum in that school." |
| 42 | Page 5, line 30, at end insert— |
| "( ) | The Secretary of State or the National Assembly for Wales may not make an order under this section unless the following have been consulted, as appropriate, having regard to the content of the order— |
| (a) | associations of local education authorities; |
| (b) | local education authorities; |
| (c) | bodies representing the interests of governing bodies of schools; and |
| (d) | bodies representing the interests of teachers." |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 43 | Page 5, line 30, at end insert— |
| "( ) | No regulations under subsection (1) shall limit or reduce the provision of special educational needs in any qualifying school." |
| | THE LORD LUCAS
THE BARONESS SHARP OF GUILDFORD |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill. |
| | THE BARONESS DAVID
THE LORD PESTON |
| 43A | Page 5, line 35, after "body" insert "or local education authority" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 44 | Page 5, leave out lines 36 to 43 and insert "consult— |
| (a) | the parents of registered pupils at the school, |
| (b) | each teacher employed at the school, |
| (c) | the local education authority, and |
| (d) | bodies representing the interests of teachers having regard to any guidance given from time to time by the Secretary of State or, as the case may be, the National Assembly for Wales." |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 45 | Page 5, line 37, at end insert "and, in particular, the parents of pupils with special educational needs" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 46 | Page 5, line 37, at end insert "and in particular the parents of disabled children and children with special educational needs, and demonstrate that the majority of parents of such children support the application," |
| 47 | Page 5, line 39, after second "school" insert "and bodies representing the interests of teachers" |
| | THE BARONESS DAVID
THE LORD PESTON |
| 47A | Page 6, line 4, after "school" insert "or the local education authority" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 48 | Page 6, line 13, leave out subsection (1) |
| 49 | Page 6, line 15, after "determine" insert ", in negotiation with bodies representing the interests of teachers," |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 50 | Insert the following new Clause— |
| (1) | The Secretary of State in England and the Assembly Cabinet Minister for Education and Lifelong Learning in Wales shall lay before each House of Parliament or before the National Assembly for Wales, as the case may be, an annual report as to the operation of the provisions of this Chapter. |
| (2) | Without prejudice to the generality of subsection (1), every report made under this section shall in particular describe the means whereby the remuneration and other conditions of service of school teachers are settled by agreement between teachers and local eduction authorities or between teachers and governing bodies in relation to any school to which an order under section 6(2) which relates to a pay and conditions provision is in force." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 51 | Page 6, line 33, leave out "companies" and insert "bodies corporate" |
| 52 | Page 6, line 40, leave out "company" and insert "body corporate" |
| 53 | Page 6, line 41, leave out "company" and insert "body corporate" |
| 54 | Page 7, line 1, leave out "company" and insert "body corporate" |
| 55 | Page 7, line 4, leave out "companies" and insert "bodies corporate" |
| 56 | Page 7, line 7, leave out "company" and insert "body corporate" |
| 57 | Page 7, line 8, leave out "company" and insert "body corporate" |
| | THE LORD PESTON
THE BARONESS DAVID |
| 58 | Page 7, line 11, at end insert— |
| "( ) | The governing body of a maintained school may not impose charges in respect of education provided at the schools." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 59 | Page 7, leave out lines 16 and 17 and insert— |
| | ""body corporate" means a body constituted in accordance with regulations;" |
| 60 | Page 7, line 29, leave out "company" and insert "body corporate" |
| 61 | Page 7, line 30, leave out "company" and insert "body corporate" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill. |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| 62 | Page 7, line 35, after "authority" insert "and any similar authorities affected" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 63 | Page 7, line 39, leave out "company" and insert "body corporate" |
| 64 | Page 7, line 41, leave out "company" and insert "body corporate" |
| 65 | Page 7, line 42, at end insert— |
| "( ) | A governing body may not require any person employed to work at the school to provide services in connection with the activities of any company in relation to which the governing body has exercised a power under any of subsections (1) to (4) of section 10 otherwise than under a contract entered into for that purpose. |
| ( ) | No person employed to work at the school for purposes other than those of a company in relation to which the governing body has exercised a power under any of subsections (1) to (4) of section 10 shall be dismissed, nor be subjected to any disciplinary process, nor in any other way be disadvantaged by reason of his unwillingness to provide services in connection with the activities of any such company nor shall any person be refused appointment to a post other than for the purposes of a company because of such unwillingness. |
| ( ) | Sections 115 to 127 shall not apply in relation to any employment for the purposes of any company in relation to which the governing body has exercised a power under any of subsections (1) to (4) of section 10." |
| 66 | Page 7, line 43, leave out "company" and insert "body corporate" |
| 67 | Page 7, line 43, leave out ", if regulations so provide" |
| 68 | Page 8, line 2, after "guarantee," insert— |
| "( ) | be prohibited by its constitution from distributing profits derived from any activity in which the company may engage otherwise than for the benefit of education provided in participating schools," |
| 69 | Page 8, line 4, leave out "company" and insert "body corporate" |
| 70 | Page 8, line 5, leave out "company's" and insert "body corporate's" |
| 71 | Page 8, line 7, leave out "company" and insert "body corporate" |
| 72 | Page 8, line 12, leave out "company" and insert "body corporate" |
| 73 | Page 8, line 12, leave out "shall" and insert "may" |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 74 | Page 8, line 13, leave out "company" and insert "body corporate" |
| 75 | Page 8, leave out line 18 and insert "body corporate" |
| 76 | Page 8, line 20, leave out "company" and insert "body corporate" |
| 77 | Page 8, line 25, leave out "company" and insert "body corporate" |
| 78 | Page 8, line 26, leave out "company" and insert "body corporate" |
| 79 | Page 8, line 27, at end insert ", and |
| ( ) | make provision relating to the pay and conditions of persons employed for any purpose arising from the exercise of a power conferred by any of subsections (1) to (4) of section 10" |
| 80 | Page 8, line 28, leave out "company" and insert "body corporate" |
| 81 | Page 8, leave out line 30 and insert "body corporate" |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| 82 | Page 8, line 31, leave out subsection (7) |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill. |
| | THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE |
| 83 | Page 8, line 34, after "State" insert "(in relation to England) or the National Assembly for Wales (in relation to Wales)" |
| 84 | Page 8, line 34, leave out "he considers" and insert "they consider" |
| 85 | Page 8, line 35, leave out "his" and insert "theirs" |
| 86 | Page 8, line 39, leave out paragraph (b) |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 87 | Page 9, line 3, at end insert— |
| "( ) | Subsections (3) and (4) of section 11 shall apply to any company referred to in subsection (1) as they apply to companies in relation to which a governing body has exercised a power conferred by subsection (1) of section 10." |
| | THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 88 | Page 9, line 17, leave out paragraph (b) |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE
THE BARONESS WALMSLEY |
| 89 | Page 9, line 18, at end insert— |
| "( ) | the provision of early years education; |
| ( ) | the provision of services, support or guidance to parents or other carers to help them in the task of developing their child's emotional, educational or physical potential during the period between birth and the age of three;" |
| | THE LORD PESTON
THE BARONESS DAVID |
| 90 | Page 9, line 32, at end insert— |
| "( ) | Financial assistance provided to a school or local education authority for the provision of education or educational services must relate to an objective educational need of the school or local education authority." |
| | THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON |
| 91 | Page 9, line 39, leave out "but does not include higher education," |
| | The Lord Lucas gives notice of his intention to oppose the Question that Clause 13 stand part of the Bill. |
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