Education Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 15

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

91APage 10, line 19, after "terms" insert "as prescribed by regulations"
 

Clause 16

 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 16 stand part of the Bill.
 

Before Clause 18

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

92Insert the following new Clause—
  "Reduction of regulation
(1)  In relation to the conduct of education in schools and nursery schools, the Secretary of State and local education authorities shall have an overriding duty to minimise regulation and to reduce the amount of material they send to governing bodies and head teachers.
(2)  The Secretary of State must publish an annual report to Parliament setting out the progress he has made in the preceding year in reducing the number and volume of regulations, circulars and codes of practice that he or his predecessors have published.
(3)  Each set of regulations, circular or code of practice issued by the Secretary of State shall include a statement by him of the time he expects it will take for governing bodies or head teachers of schools or nursery schools, as appropriate, to read, consider and implement the regulations, circular or code of practice concerned.
(4)  In making his estimate under subsection (3), the Secretary of State shall impose no additional burden on schools or nursery schools to provide him or local authorities with information."
 

Clause 18

 

THE BARONESS ASHTON OF UPHOLLAND

93Page 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 SHARP OF GUILDFORD
THE BARONESS WALMSLEY

94Page 12, line 1, after "work" insert "as teachers"
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

95Page 12, line 1, at end insert "of whom at least one shall be a member of the teaching staff"
 

THE LORD PESTON
THE BARONESS DAVID

96Page 12, line 1, at end insert "including both teaching and non-teaching staff"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

97Page 12, line 1, at end insert—
"(   )  persons employed to work otherwise than as teachers at the school,"
 

THE LORD PESTON
THE BARONESS DAVID

98Page 12, line 3, at end insert—
"(   )  in schools with pupils over the age of eleven, pupils over the age of eleven,"
 

THE LORD BISHOP OF BLACKBURN
THE LORD ALTON OF LIVERPOOL

99Page 12, line 4, leave out paragraph (e) and insert—
"(e)  in the case of a foundation school or a foundation special school, at least two foundation governors or partnership governors or, if greater, such number of foundation governors or partnership governors as constitutes one quarter of the total number of governors, rounded up to the nearest whole number,"
 

THE LORD BISHOP OF BLACKBURN

100Page 12, line 6, at end insert—
"(ea)  in the case of a voluntary aided school, such number of persons appointed as foundation governors as will lead to their outnumbering the other governors by at least two,
(eb)  in the case of a voluntary controlled school, at least two foundation governors or, if greater, such number of foundation governors as constitutes one quarter of the total number of governors, rounded up to the nearest whole number, and"
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

101Page 12, line 7, leave out paragraph (f)
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS PERRY OF SOUTHWARK

102Page 12, line 8, leave out "may" and insert "shall"
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

102APage 12, line 18, leave out paragraph (h)
102BPage 12, line 20, leave out paragraph (i)
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS PERRY OF SOUTHWARK

103Page 12, line 25, at end insert—
  "provided however that such regulations may not make different provision for different governors, nor for different categories of governors, save as may be necessary to give effect to requirements for the election of governors in certain categories"
104Page 12, line 25, at end insert—
"(   )  Regulations made under this section shall not have effect so as to reduce the number of governors in a category for which elections are required of any school in existence at the date when such regulations first have effect, unless such reduction shall have first been approved in a ballot of those eligible to vote in the election of governors in the relevant category."
105Page 12, line 36, leave out subsection (7)
 

Schedule 1

 

THE BARONESS ASHTON OF UPHOLLAND

106Page 129, line 18, leave out "and" and insert "or"
 

Clause 19

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

107Page 12, line 43, leave out subsections (2) and (3) and insert—
"(   )  The local education authority shall make the instruments of goverment for all its maintained schools and shall determine matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS PERRY OF SOUTHWARK

108Page 13, line 5, leave out subsection (4)
 

Clause 20

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY
THE BARONESS PERRY OF SOUTHWARK

109Page 13, line 16, leave out "may" and insert "shall"
 

Clause 22

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

110Page 14, line 6, at end insert "provided that, for a foundation or voluntary aided school, the body shall be the governing body"
111Page 14, line 8, at end insert "provided that, for a foundation or voluntary aided school, the decision to dismiss the clerk should be taken by the governing body"
 The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.
 

Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

112Page 14, line 17, after "may," insert "after obtaining the consent of the local education authority and"
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

113Page 14, line 19, at end insert—
"(1A)  Nothing in this Chapter shall provide for the character of a school to be changed as a result of federation.
(1B)  In subsection (1A) "character" shall be defined as including admissions arrangements; religious character; single sex or co-educational policy; or the status of a school as a foundation, voluntary aided or community school or academy."
114Page 14, line 25, after "government," insert "including members representing—
(i)  parents at each school,
(ii)  teachers at each school, and
(iii)  such other categories as may be appropriate, given the religious or other character of each school within the federation,"
 

THE LORD RIX
THE BARONESS SHARP OF GUILDFORD

115Page 14, line 30, at end insert ", and
(c)  have collectively and individually the same responsibilities towards disabled pupils and pupils with special educational needs as any individual school."
 

THE LORD BISHOP OF BLACKBURN
THE LORD ALTON OF LIVERPOOL

116Page 14, line 30, at end insert—
"(   )  The prescribed procedure shall stipulate that where a school referred to in subsection (1) is a Church of England school, a Church in Wales school or a Roman Catholic Church school or where a federation referred to in subsection (1) includes such a school, the school shall not be federated and the instrument of government for the federation shall not be changed without the written consent of the appropriate diocesan authority."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

117Page 15, line 18, at end insert—
"(   )  Notwithstanding the provisions of subsection (6), regulations made under section 18(2) shall, in so far as they make provision for the composition of the governing body of a federation, provide that the number of persons in each category of which the governing body consists shall be the same in proportion to the total number of governors, or as near thereto as is reasonably practicable, as would be the case if the federated schools were together a single school."
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 23 stand part of the Bill.
 

Clause 24

 

THE LORD RIX
THE BARONESS SHARP OF GUILDFORD

118Page 15, line 42, at end insert—
"(5)  Where any schools are federated under section 23, the governing body for those schools shall review the separate special educational needs policies of those schools, and establish a federation policy and separate policies as appropriate."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 24 stand part of the Bill.
 

After Clause 24

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

119Insert the following new Clause—
  "National Parents' Councils
(1)  The Secretary of State in England and the National Assembly for Wales shall make arrangements for the establishment in each country of a National Parents' Council, which shall consist of elected representatives of parent governors, one from each local education authority area.
(2)  Regulations shall provide for—
(a)  eligibility for election to the respective Councils;
(b)  the procedures by which such elections will take place;
(c)  the terms of office of members and officers;
(d)  the procedures by which the chairman and vice chairman are to be elected;
(e)  arrangements for meetings of the respective Councils;
(f)  the reimbursement of members for travel and expenses;
(g)  any other matters relating to the constitution, procedures and meetings of the Councils as are appropriate."
 

Clause 26

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

120Page 16, line 27, leave out "to a significant extent"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

121Page 16, line 27, after "with" insert—
"(   )  the ability (to be determined in consultation with the staff concerned) of members of the staff of the school to perform properly the functions that may be required of them in relation to the education of children at the school, in particular the contribution which they make to the fulfilment of the duties imposed upon local education authorities and upon governing bodies under section 13A(1) of the Education Act 1996 (c. 56) and section 38(2) of the School Standards and Framework Act 1998 (c. 31) (promoting high standards); and"
 

Clause 27

 

THE BARONESS MASSEY OF DARWEN
THE BARONESS HAWORTH

122Page 17, line 17, at end insert—
"(6)  The governing body of a maintained school shall use their best endeavours to secure that—
(a)  reasonable steps are taken by the governing body, head teacher and staff to ascertain the views of pupils on matters which affect them, and
(b)  due weight is given to the expressed views of pupils on matters affecting them, having regard to the pupil's age and understanding."
 

Clause 28

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

123Page 17, line 19, leave out "shall" and insert "may"
 

THE LORD RIX
THE BARONESS SHARP OF GUILDFORD

124Page 17, line 28, at end insert—
"(   )  the inclusion in the governors' report of information about the effectiveness of the school's provision for disabled pupils and pupils with special educational needs;"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

125Page 17, line 37, leave out "enable"
126Page 17, line 37, leave out "to" and insert "shall"
127Page 17, line 40, leave out from beginning to "the" on line 41
128Page 17, line 41, leave out "to" and insert "shall"
129Page 17, line 43, leave out "as may be prescribed or"
130Page 18, line 1, leave out "require"
131Page 18, line 1, leave out "to" and insert "shall"
132Page 18, line 3, leave out "as may be prescribed or"

 
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©Parliamentary copyright 2002
3 May 2002