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

House of Lords

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Clause 164

 

THE BARONESS ASHTON OF UPHOLLAND

329Page 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"
330Page 99, line 8, leave out from "out" to "in" in line 9 and insert "that work"
 

Clause 171

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

331Page 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.""
332Page 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.""
 

Clause 174

 

THE BARONESS DAVID
THE LORD PESTON

333Page 105, line 36, leave out "may" and insert "shall"
334Page 105, line 36, leave out "or" and insert "and"
335Page 105, line 37, leave out "or" and insert "and"
 

Clause 179

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

336Page 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"
 

Clause 180

 

THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON

 The above-named Lords give notice of their intention to oppose the Question that Clause 180 stand part of the Bill.
 

Schedule 16

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

337Page 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;"."
 

Schedule 17

 

THE BARONESS ASHTON OF UPHOLLAND

338Page 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."
    (3)   In subsection (2)—
(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;"."
339Page 176, line 32, at end insert—
    "2A   After section 26 of the Education Act 1997 (c. 44) there is inserted—
    "26APower 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
    (b)  that the failure—
    (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.""
340Page 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."
    (3)   In subsection (2)—
(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"."
341Page 177, line 17, at end insert—
    "5   After section 32 of the Education Act 1997 (c. 44) there is inserted—
    "32APower 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
    (b)  that the failure—
    (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.""
342Page 177, line 17, at end insert—
 

"Provisions extending to Northern Ireland

    6   In section 58(6) of the Education Act 1997 (c. 44) (provisions extending to Northern Ireland), for "section 26" there is substituted "sections 26 and 26A"."
 

Clause 183

 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 183 stand part of the Bill.
 

Clause 185

 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

343Page 113, line 21, at end insert "including the costs to pupils' parents"
 

Clause 189

 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

344Page 115, line 29, at end insert—
"(   )  Such qualifying material shall not be unreasonably withheld from members of the public and shall be in such form and manner as to enable fair comparisons to be drawn with educational standards achieved in other schools."
 

Clause 190

 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 190 stand part of the Bill.
 

Clause 191

 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

345Page 116, line 46, after second "to" insert "parental wishes and"
346Page 117, line 9, after first "to" insert "parental wishes and"
 

Before Clause 192

 

THE LORD LUCAS

347Insert the following new Clause—
  "School transport
(1)  The Education Act 1996 (c. 56) is amended as follows.
(2)  In section 509 (provision of transport etc.)—
(a)  subsection (2) is omitted;
(b)  in subsection (3), leave out all words after paragraph (b); and
(c)  subsection (4) is omitted."
 

After Clause 192

 

THE LORD LUCAS

348Insert the following new Clause—
  "Discipline on school transport
  Discipline on school transport shall be the responsibility of the school, or schools, whose pupils use that transport."
 

Schedule 19

 

THE BARONESS DARCY DE KNAYTH

349Page 181, line 3, at end insert "and disabled persons and persons with learning difficulties of all ages"
 

THE EARL OF LISTOWEL

350Page 181, line 4, at end insert "and care leavers under the age of 25"
 

THE BARONESS DARCY DE KNAYTH

351Page 181, line 17, after "age" insert "and disabled persons and persons with learning difficulties of all ages"
 

THE EARL OF LISTOWEL

352Page 181, line 17, after "age" insert "and care leavers under the age of 25"
 

THE BARONESS DARCY DE KNAYTH

353Page 181, line 27, after "age" insert "and disabled persons and persons with learning difficulties of all ages"
 

THE EARL OF LISTOWEL

354Page 181, line 27, after "age" insert "and care leavers under the age of 25"
 

THE BARONESS DARCY DE KNAYTH

355Page 181, line 37, after "age" insert "and disabled persons and persons with learning difficulties of all ages"
 

THE EARL OF LISTOWEL

356Page 181, line 37, after "age" insert "and care leavers under the age of 25"
 

THE BARONESS DARCY DE KNAYTH

357Page 183, line 44, at end insert ", or
(c)  is a disabled person or person with a learning difficulty who has not progressed past sixth form stage or equivalent and whose education was interrupted or delayed by a disability or learning difficulty"
 

THE EARL OF LISTOWEL

358Page 183, line 44, at end insert ", or

 
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22 May 2002