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

House of Lords

back to previous amendments

 

After Clause 28

 

THE LORD RIX
THE BARONESS SHARP OF GUILDFORD

132A*Insert the following new Clause—
  "Publication of information about admissions
  In section 92 (Publication of information about admissions) of the School Standards and Framework Act 1998 (c. 31), after subsection (3)(b) there is inserted—
"(c)  shall, in the case of a school which selects pupils by specified criteria, include, in published information, information about the proportion of children in each school year who are so selected and the proportion in each school year who are not so selected.""
 

Clause 29

 

THE LORD RIX
THE BARONESS SHARP OF GUILDFORD

133Page 18, line 11, at end insert—
"(aa)  require governing bodies which propose joint discharge of functions to show how they will discharge their responsibilities towards disabled pupils and pupils with special educational needs through such joint arrangements,"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

134Page 18, line 18, at end insert—
"(   )  make any such arrangements subject to consultation with the local education authority"
 

Clause 30

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

135Page 18, line 21, at end insert "subject to the principle that the local education authority may give such directions as to the occupation and use of the premises of a community or community special school as they think fit"
 

THE LORD BISHOP OF BLACKBURN
THE LORD ALTON OF LIVERPOOL

136Page 18, line 21, at end insert—
"(   )  Regulations shall not make provision for the premises of a foundation or a voluntary school to be under the control of the governing body to the extent that any trust deed relating to the school provides for a person other than the governing body to control the occupation and use of those premises.
(   )  Regulations shall provide that the foundation governors of a voluntary controlled school may determine the use to which the premises of the school (or any part of them) are put on Sundays."
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

137Page 18, line 21, at end insert—
"(   )  This power will not affect the rights of trustees where school premises are held in trust for a voluntary aided or foundation school."
 The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill.
 

Clause 31

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

138Page 18, line 33, leave out subsection (3)
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

139Page 18, line 42, at end insert—
"(   )  for the principles and procedures to be followed by the local education authorities and governing bodies of schools in determining the dates of the terms in any school year"
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

140Page 18, line 45, at end insert—
"(   )  Nothing in this section shall permit the introduction by a local education authority or a governing body of a five-term school year without prior consultation with, and the approval of, the parents of pupils in the school or schools affected."
 

Clause 32

 

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

141Page 19, line 7, leave out subsection (2)
 

THE LORD RIX
THE BARONESS SHARP OF GUILDFORD

142Page 19, line 9, leave out paragraph (b)
 

Clause 34

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

143Page 20, line 39, leave out subsection (2) and insert—
"(2)  Any teacher or other member of staff who is appointed to work under the direction of the headteacher of a school to which this section applies is to be employed by the local education authority under a contract of employment."
144Page 20, line 39, leave out from "under" to end of line 41 and insert "the direction of the headteacher of a school to which this section applies is to be employed by the local education authority under a contract of employment"
145Page 21, line 2, leave out "may" and insert "shall"
146Page 21, line 4, leave out "may" and insert "shall"
147Page 21, line 18, at end insert—
"(   )  confer functions on the local education authority in respect of the appointment of headteachers."
 

After Clause 34

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

148Insert the following new Clause—
  "Employment rights
(   )  In section 81 of the School Standards and Framework Act 1998 (c. 31) (application of employment law during financial delegation) there is inserted—
    "(3)  No order may be made under this section so as to have the effect of denying to any person employed to work at any community, voluntary controlled, community special or maintained nursery school any of the rights he may have as an employee in respect of any power or duty imposed upon local education authorities by or under any enactment relating to employment as mentioned in subsection (1) and falling to be discharged by the authority in consequence of the operation of section 34(3) of the Education Act 2002 (staffing of community, voluntary controlled, community special and maintained nursery schools).
    (4)  Regulations made under this section shall not have effect so as to release a local education authority from any duty imposed upon it by or under any enactment relating to employment by virtue of its status as an employer consequent upon the operation of subsection (3).""
 

Clause 35

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

149Page 21, line 38, at end insert—
  "which have been designated as a `Failing School' or when inspection has highlighted serious concerns about the leadership or governance of the school"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

150Page 21, line 40, leave out from "under" to end of line 42 and insert "the direction of the headteacher of a school to which this section applies is to be employed by the governing body of the school under a contract of employment"
151Page 22, line 3, leave out "may" and insert "shall"
152Page 22, line 5, leave out "may" and insert "shall"
153Page 22, line 21, at end insert ", and
(   )  confer functions on the local education authority in respect of the appointment of headteachers"
 

Clause 37

 

THE BARONESS ASHTON OF UPHOLLAND

154Page 24, leave out lines 3 to 6
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

155Page 24, line 10, leave out "or a maintained nursery school"
156Page 24, leave out lines 12 and 13
157Page 24, line 16, at end insert—
 ""terms" means those days within any school year on which pupils are required to attend school."
 

THE BARONESS ASHTON OF UPHOLLAND

158Page 24, line 17, leave out subsection (2)
 

After Clause 38

 

THE LORD LUCAS

159Insert the following new Clause—
  "Religious guidance
(1)  The School Standards and Framework Act 1998 (c. 31) is amended as follows.
(2)  In section 91 (special arrangements to preserve religious character of foundation or voluntary aided school) after subsection (1) insert—
    "(1A)  Before proposing any special arrangements, and at intervals of no more than five years where such special arrangements are in force, the governing body shall take note of any relevant guidance issued by any religious authorities which the governing body acknowledges as having influence over the school.""
 

Clause 39

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

160Page 25, leave out lines 30 and 31
 

THE BARONESS ASHTON OF UPHOLLAND

161Page 25, line 30, leave out "the Secretary of State or"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

162Page 25, line 31, leave out "or the authority's schools forum"
163Page 25, line 32, leave out "the end of January" and insert "15th February"
 

THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON

164Page 25, line 38, at end insert ", and
(c)  provide schools in their area with a guideline on the amount that they might spend on special educational provision."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill.
 

Clause 40

 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

165Page 27, line 3, at end insert "and in Wales unless a draft of the order has been laid and approved by a resolution of the National Assembly for Wales"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill.
 

Clause 41

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

166Page 27, line 17, after "shall" insert "if requested by a majority of governing bodies of maintained schools in their area"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

167Page 27, line 18, leave out "a" and insert "an advisory"
168Page 27, line 26, after "functions" insert "of giving advice to the relevant authority"
169Page 27, line 28, after "functions" insert "of giving advice to the relevant authority"
 

THE BARONESS ASHTON OF UPHOLLAND

170Page 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 LORD BISHOP OF BLACKBURN
THE LORD ALTON OF LIVERPOOL

171Page 27, line 31, at end insert—
    "(   )  Regulations shall secure that the membership of a schools forum includes representatives of the governing bodies and head teachers of any voluntary aided schools maintained by the authority."
 

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 41 stand part of the Bill.
 

Clause 42

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

172Page 28, line 22, at end insert ", and
(   )  to provide information to the local education authority and the parents of pupils on roll at the school, reasons for holding reserves, if at the end of the financial year the statement of account indicates that such reserves are in excess of 1 per cent of the school's budget"
 

Before Clause 44

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

173Insert the following new Clause—
  "Restrictions relating to petitions and ballots
  After section 106 of the School Standards and Framework Act 1998 (c. 31) (ballot regulations: eligibility of parents to request or vote in ballot) there is inserted—
    "106ARestrictions relating to petitions and ballots
      Where a petition of parents has been initiated, or a ballot held and no change to admissions arrangements has been agreed, no further ballot may take place within a period of six years from the initiation of the petition.""
 

THE LORD PESTON
THE BARONESS DAVID

174Insert the following new Clause—
  "Interpretation of Chapter 3
  "Admission" in this Chapter refers to the admission by any potential pupil applying to enter any school in the area of the local education authority, especially those living in the area."

 
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©Parliamentary copyright 2002
3 May 2002