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

House of Lords

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Clause 193

 

THE LORD LUCAS

359Page 117, leave out lines 25 to 32 and insert "of a prescribed class"
 

Clause 194

 

THE LORD LUCAS

360Page 119, line 32, leave out from beginning to end of line 5 on page 120 and insert "he or his parent is of a prescribed class"
 

After Clause 194

 

THE BARONESS SECCOMBE

361Insert the following new Clause—
  "Welfare of pupils at a school
  In making arrangements for the welfare of pupils at a school, the governing body and head teacher shall have regard to Circular 10/95 issued by the Department for Education and Employment relating to the protection of children from abuse, or any circular replacing it."
 

Clause 197

 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 197 stand part of the Bill.
 

Clause 201

 

THE BARONESS ASHTON OF UPHOLLAND

362Page 122, line 40, leave out subsection (3) and insert—
"(3)  The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section."
 

After Clause 202

 

THE LORD LUCAS

363Insert the following new Clause—
  "Publication of statistics
  After section 496 of the Education Act 1996 (c. 56) there is inserted—
    "496APublication of statistics
      The Secretary of State may publish such statistics as she deems appropriate to inform the general public of the progress made by any element or elements of the statutory system of education, and shall ensure that, as far as reasonably practicable, such statistics are provided on the same basis in every year and that when changes are made in the basis of calculation, restated statistics are provided for the previous three years.""
 

THE BARONESS FINLAY OF LLANDAFF
THE BARONESS HOWE OF IDLICOTE

363ZAInsert the following new Clause—
  "Access by pupils to the teaching and facilities of another school
  Each local education authority may make arrangements for pupils with specific educational requirements which can not be met at their own school to have access to any appropriate teaching and facilities available at other maintained and independent schools within the authority's area."
 

Before Clause 203

 

THE BARONESS BLATCH

363ZBInsert the following new Clause—
  "Safeguarding provision for special needs
  Nothing shall be done under this Act to the disadvantage of any provision in respect of special educational needs under this or any other enactment."
 

Clause 203

363A[Withdrawn]
 

THE LORD LUCAS

364Page 123, line 20, at end insert—
"(   )  section 49(3),"
 

THE BARONESS ASHTON OF UPHOLLAND
THE LORD LUCAS

365Page 123, line 22, at end insert—
"(bb)  section 79(3),"
365A[Withdrawn]
365B[Withdrawn]
 

Clause 204

 

THE BARONESS ASHTON OF UPHOLLAND

366Leave out Clause 204 and insert the following new Clause—
  "Wales
(1)  Subsection (2) applies where—
(a)  this Act confers a function (in this section referred to as "the new function") on the Secretary of State by amendment of another Act, and
(b)  any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).
(2)  The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.
(3)  For the purposes of section 22 of the Government of Wales Act 1998 (c. 38), an Order in Council made by virtue of subsection (2) or section 201(3) is to be treated as if it were revoking or varying a previous Order in Council.
(4)  Subsection (2) does not apply in relation to the amendment made by section 201(1)."
 

THE LORD ROBERTS OF CONWY
THE BARONESS SECCOMBE

367Page 124, line 28, leave out subsection (4)
 

Clause 205

 

THE BARONESS ASHTON OF UPHOLLAND

368Page 124, line 30, at end insert—
 "contract of employment" has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);"
 

THE LORD LUCAS

369Page 124, line 38, leave out subsections (2) to (4)
 

Clause 209

 

THE BARONESS ASHTON OF UPHOLLAND

370Page 126, line 28, leave out "1 and 2" and insert "A1 to 2A and 6"
371Page 126, line 38, leave out "3 and 4" and insert "2B to 5"
 

Schedule 21

 

THE BARONESS ASHTON OF UPHOLLAND

372Page 198, leave out line 29
373Page 198, line 32, at end insert—
    Supply of information by contractor, agency, &c.
    (1)   This section applies to arrangements made by one person (the "agent") for another person (the "worker") to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
    (2)   Subsections (3) and (4) apply where an agent—
(a)  has terminated the arrangements on a ground mentioned in section 138 of the Education Act 2002,
(b)  might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
(c)  might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.
    (3)   In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
(a)  the Secretary of State, and
(b)  where the person is a registered teacher, the Council.
    (4)   In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
(a)  the National Assembly for Wales, and
(b)  where the person is a registered teacher, the General Teaching Council for Wales.
    (5)   If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.
    (6)   If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
    (7)   A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.
    (8)   A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
    (9)   Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section."
 

THE LORD LUCAS

374Page 206, line 38, leave out paragraph 125
 

Schedule 22

 

THE BARONESS ASHTON OF UPHOLLAND

375Page 208, line 11, column 2, at beginning insert "In section 23, in subsection (2), paragraph (f) and the word "and" immediately preceding it, and subsections (3) and (4)."
376Page 208, line 14, column 2, leave out "and 44" and insert ", 44 and 214(a)."
377Page 208, line 21, column 2, at beginning insert "In section 29, in subsection (2), paragraph (f) and the word "and" immediately preceding it, and subsections (3) and (4).
378Page 208, line 22, at end insert—
  School Standards and Framework Act 1998 (c. 31)In Schedule 30, paragraph 215.
379Page 209, line 20, leave out "9(2)(c)(ii)" and insert "98(2)(c)(ii)"
380Page 212, leave out lines 1 and 2

 
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22 May 2002