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

House of Lords

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Clause 123

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

302Page 77, line 31, leave out subsection (3)
 

Clause 127

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

303Page 79, line 34, at end insert "otherwise than a function relating to remuneration"
304Page 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."
 

After Clause 127

 

THE BARONESS SECCOMBE

305Insert 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;"."
 

Clause 128

 

THE BARONESS ASHTON OF UPHOLLAND

306Page 80, line 24, leave out subsection (3)
 

Clause 129

 

THE BARONESS ASHTON OF UPHOLLAND

307Page 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

308Page 80, line 41, leave out subsections (2) to (5)
 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

308APage 80, line 41, leave out subsection (2)
 

THE BARONESS ASHTON OF UPHOLLAND

309Page 81, line 1, leave out "subsection (1) or (2)" and insert "this section"
310Page 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 SHARP OF GUILDFORD
THE BARONESS WALMSLEY

310ALeave out Clause 129 and insert the following new Clause—
  "Requirement to be qualified
(1)  Regulations may provide that the core activities of a teacher may not be carried out by a person in a school unless he—
(a)  is a qualified teacher;
(b)  satisfies certain specified requirements.
(2)  A requirement of regulations under subsection (1)(b) may, in particular, relate to—
(a)  the possession of a specified qualification or experience of a kind which may be recognised in the course of acquisition of qualified teacher status;
(b)  participation in, or completion of, a specified programme or course of training which may be recognised in the course of acquisition of qualified teacher status;
(c)  compliance with a specified condition such as may be otherwise applied for the purposes of acquisition of qualified teacher status;
(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.
(3)  Regulations may limit the period of time during which the core activities of a teacher may be carried out by a person in reliance on subsection (1)(b).
(4)  In this section—
     "school" means—
    (a)  a school maintained by a local education authority, or
    (b)  a special school not so maintained, and
     "core activities of a teacher" means such of those activities as may be specified in a document of the kind mentioned in section 120(3) and as may be prescribed for the purpose of this section."
 

Clause 130

 

THE BARONESS ASHTON OF UPHOLLAND

311Page 81, line 19, leave out "129(2)" and insert "129(1)(b)"
 

Clause 132

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

312Page 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."
 

Clause 135

 

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.
 

Clause 137

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

313Page 84, line 16, after "kind" insert "for a local education authority or a governing body of a school or a further education institution"
314Page 84, line 20, leave out paragraph (b)
 

THE BARONESS ASHTON OF UPHOLLAND

315Page 84, line 24, at end insert—
 ""education" includes vocational, social, physical and recreational training,"
 

Clause 138

 

THE BARONESS ASHTON OF UPHOLLAND

316Page 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"
317Page 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)."
318Page 85, line 35, at end insert—
 ""education" includes vocational, social, physical and recreational training,"
 

After Clause 138

 

THE BARONESS ASHTON OF UPHOLLAND

319Insert 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."
 

Clause 140

 

THE BARONESS ASHTON OF UPHOLLAND

320Page 86, line 33, leave out "137" and insert "136"
 

After Clause 143

 

THE LORD LUCAS

321Insert 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.""
 

Schedule 12

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

322Page 164, leave out lines 40 and 41 and insert—
    "(1)   The Council may undertake activities designed to promote the professional status of teaching."
323Page 164, leave out line 41 and insert "professional status of teaching"
 

Clause 146

 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

324Page 89, line 37, leave out "have" and insert "by order specify"
325Page 89, line 37, leave out "specified in an order made by it"
 

After Clause 146

 

THE LORD NORTHBOURNE

325AInsert the following new Clause—
  "Amendment of section 79A of the Children Act 1989
(1)  Section 79A of the Children Act 1989 (c. 41) is amended as follows.
(2)  In subsection (2), after "premises" there is inserted "or other suitable premises".
(3)  After subsection (6), there is inserted—
    "(6A)  "Other suitable premises" means any premises other than domestic premises which are suitable to be registered for childcare."."
 

Schedule 14

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

326Page 170, line 37, at end insert—
 

"Rights of entry

       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"."
 

Clause 151

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

326APage 91, leave out lines 3 to 5
 

Clause 158

 

THE LORD LUCAS

327Page 94, line 22, leave out "if the registration authority so requires,"
328Page 94, line 23, at end insert ", and in particular on the internet"

 
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22 May 2002