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Education and Inspections Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 26th June 2006, as follows—

Clauses 7 to 17
Schedule 2
Clauses 18 to 29
Schedule 3
Clauses 30 to 35
Schedule 4
Clauses 36 to 50
Schedule 5
Clauses 51 to 63
Schedule 6
Clause 64
Schedule 7
Clauses 65 to 70
Schedule 8
Clause 71
Schedule 9
Clauses 72 to 78
Schedule 10
Clauses 79 to 104
Schedule 11
Clauses 105 to 107
Schedule 12
Clauses 108 to 141
Schedule 13
Clauses 142 to 148
Schedule 14
Clause 149
Schedule 15
Clauses 150 to 152
Schedule 16
Clauses 153 to 160
Schedule 17
Clauses 161 to 169
Schedule 18
Clauses 170 to 176

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 7

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

58Page 7, line 3, after second "a" insert "reasonable"
59Page 7, line 4, at end insert—
"(   )  specify appropriate qualifications for persons other than local education authorities wishing to establish the new school"
60Page 7, line 4, at end insert—
"(   )  specify in what ways their proposals would improve the provision of education in the area and especially provision for those from disadvantaged homes;"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WILLIAMS OF CROSBY

61Page 7, line 6, at end insert—
"(   )  publish the names and qualifications of persons other than local education authorities wishing to establish a new school."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

62Page 7, line 16, after "a" insert "community,"
 

THE BARONESS BUSCOMBE

63Page 7, line 17, leave out from "school" to end of line 19
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

64Page 7, line 18, leave out sub-paragraph (ii)
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WILLIAMS OF CROSBY

65Page 7, line 19, at end insert—
"(   )  The Secretary of State may not refuse consent under subsection (5)(b)(ii) in any case in which the request by the authority for such consent is shown to be supported by parents in such numbers and in such categories as may be prescribed by regulations."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

66Page 7, line 23, at end insert—
"(6A)  The Secretary of State may by order suspend the operation of this section in relation to invitations by local education authorities of proposals for the establishment of an Academy during such period as may be appropriate for the evaluation of the success or otherwise of Academies in achieving high standards."
 

After Clause 7

 

THE BARONESS BUSCOMBE

67Insert the following new Clause—
  "Automatic invitation for proposals
(1)  A local education authority must publish a notice under section 7 for the establishment of a new foundation, voluntary or foundation special school or an Academy where prescribed conditions are not met in relation to the quality of provision of education in the authority.
(2)  The conditions prescribed for the purposes of subsection (1) must include conditions relating to—
(a)  the standards of performance achieved by schools in the area of the authority, and
(b)  the extent of diversity among schools in the area of the authority."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

68Insert the following new Clause—
  "Secretary of State's consent for community and community special school proposals
  The Secretary of State shall only withhold consent to the publication of proposals under section 7(5)(b) or section 9(1) if he is satisfied that the proposal would not result in the improvement of the quality of education for pupils in the area concerned."
 

Clause 8

 

THE BARONESS BUSCOMBE

69Page 7, line 35, at end insert—
"(   )  A local education authority in England shall not publish proposals for the establishment of a new community or community special school where such a proposal would result in less than a third of school places in the area being in foundation, voluntary or foundation special schools or Academies."
70Page 7, line 35, at end insert—
"(   )  The Secretary of State shall not give consent under subsection (1)(b) unless he is satisfied that the establishment of a community school would lead to higher standards of performance than would be the case for a foundation school."
71Page 7, line 35, at end insert—
"(   )  Where a local education authority decides to publish proposals for the establishment of a new community or community special school under this section, it shall also publish proposals of its own for the establishment of a foundation school or foundation special school."
72Page 7, line 35, at end insert—
"(   )  Where a local education authority in England decides to publish proposals under section 7 for the establishment of a new community school, the authority shall provide the Secretary of State and the adjudicator with a statement setting out—
(a)  their reasons for publishing such a notice, and, where applicable,
(b)  their reasons for not publishing proposals of their own under subsection (5)(b)(i) of section 7 for the establishment of a foundation or foundation special school."
 

THE LORD ADONIS

73Page 7, line 45, leave out from "include" to end of line 2 on page 8 and insert "prescribed matters"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS BUSCOMBE

 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 10

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

74Page 8, line 24, leave out "with the consent of the Secretary of State"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WILLIAMS OF CROSBY

75Page 8, line 25, after "State" insert "or after a majority of parents of pupils attending relevant schools as may be prescribed have indicated in a ballot conducted by the authority that they wish to consider such proposals,"
 

THE BARONESS BUSCOMBE

76Page 8, line 27, leave out paragraph (a)
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WARNOCK
THE BARONESS WILLIAMS OF CROSBY

77Page 8, line 30, at end insert—
"(   )  The Secretary of State may not refuse consent under subsection (1)(a) in any case in which the request by the authority for such consent is shown to be supported by parents in such numbers and in such categories as may be prescribed by regulations."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

78Page 8, line 31, leave out "Secretary of State" and insert "local education authority"
 

Clause 11

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

79Page 9, line 10, leave out "or"
80Page 9, line 13, at end insert ", or
(   )  a new community or community special school to be formed from the merger of any two or more primary schools which the authority concerned propose to discontinue,"
 

After Clause 14

 

THE BARONESS MASSEY OF DARWEN
THE BARONESS LOCKWOOD
THE BARONESS TONGE
THE BARONESS FLATHER

81Insert the following new Clause—
  "Bar on establishment of new schools of a religious character
(1)  No proposals may be published under this Part or any other enactment for the establishment of a foundation or voluntary school of a religious character.
(2)  Subsections (3) to (5) of section 69 of SSFA 1998 are repealed."
 

Clause 15

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

82Page 11, line 13, leave out "in relation to a rural primary school"
 

THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM

83Page 11, line 15, at end insert—
"(   )  where the school has a religious character, the effect of its closure on the balance of denominational and non-denominational provision in the area,"
 

THE BARONESS BUSCOMBE

84Page 11, line 23, at end insert—
"(   )  A local authority in England shall not publish proposals for the discontinuance of a special school unless there are places sufficient in number and quality at other special schools in the area of the local authority to replace the special school."
 

Clause 17

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

85Page 12, line 32, at end insert—
"(   )  parents of children attending the school,"
86Page 12, line 36, at end insert "and shall give his reasons for such direction."
 

Schedule 2

 

THE BARONESS WILLIAMS OF CROSBY
THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

87Page 123, line 35, at end insert—
"(   )  preventing further consideration of any proposal made pursuant to a notice under section 7 without there having been first conducted by the relevant authority a ballot of such category or categories of parents as may be prescribed in which a majority of those voting have given their approval to the further consideration of the proposal under this Schedule."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

88Page 124, line 39, at end insert—
"(7)      In the case of the consideration by a local education authority of proposals for the establishment of an Academy made pursuant to a notice under section 7 the authority shall in particular have regard to the effect which the establishment of such a school would have on the efficient and effective provision of education at maintained schools in its area."
 

THE BARONESS BUSCOMBE

89Page 127, line 46, at end insert—
 

"Right of adjudicator to change category of school in case of community school proposals

      Where the adjudicator considers proposals for the establishment of a new community school, he shall consider whether it would be desirable to alter the proposals such that the proposed school would be a foundation school."
 

Clause 18

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

90Page 13, line 18, at end insert "including the enlargement of premises and the establishment of provision suitable for the requirements of pupils over compulsory school age"
91Page 13, line 23, leave out paragraphs (c) and (d)
92Page 13, line 32, at end insert—
"(g)  a reduction in the statutory proportion of elected parent governors on a school's governing body"
93Page 13, line 32, at end insert—
"(   )  any change involving an increase in the number of pupils admitted to the school which in the opinion of the local education authority would prevent that authority, the governing body of other schools maintained by the authority or the governing body of a college within the area covered by that authority, from carrying out the duties and functions in relation to education imposed on them by this or any other enactment"
 

Clause 19

 

THE LORD ADONIS

94Page 14, line 2, at end insert "under this subsection"
95Page 14, line 3, leave out "and"
96Page 14, line 4, leave out "or a foundation special school"
97Page 14, line 6, at end insert—
"(   )  an increase in the number of pupils in any relevant age group,"
98Page 14, line 10, at end insert ", and
(c)  in the case of a foundation special school, it consists of any one or more of the following—
(i)  an enlargement of the premises,
(ii)  an increase in the number of pupils for whom the school is organised to make provision, and
(iii)  a change in the type of special educational needs for which the school is organised to make provision."
99Page 14, line 24, at end insert—
"(4A)  This section has effect subject to section (Restriction on power of governing body to publish foundation proposals)."
100Page 14, line 26, at end insert—
 ""relevant age group" has the same meaning as in SSFA 1998."

 
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©Parliamentary copyright 2006
17 July 2006