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

House of Lords

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After Clause 19

 

THE LORD ADONIS

101Insert the following new Clause—
  "Restriction on power of governing body to publish foundation proposals
(1)  The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—
(a)  the trustees of the school, and
(b)  the person or persons by whom the foundation governors are appointed.
TABLE
SchoolPrescribed alteration
1.   A foundation school which, immediately before the commencement date, was a foundation school having a foundation.A relevant change in the instrument of government.
2.   A voluntary school.A change of category from voluntary controlled school or voluntary aided school to foundation school.
3.   A foundation school which, having been a voluntary school immediately before the commencement date, changed category to foundation school on or after that date.A relevant change in the instrument of government.
(2)  For the purposes of this section, a "relevant change" in the instrument of government of a school is a change which results in the majority of governors being foundation governors.
(3)  In this section—
 "the commencement date" means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;
 "prescribed alteration", in relation to a maintained school, means an alteration prescribed under section 18."
 

Clause 20

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

102Page 15, line 4, at end insert—
"(   )  prohibiting approval of any alteration involving the expansion of a school in any case in which such expansion may be considered detrimental to the obligations imposed by this or any other enactment."
 

Clause 21

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

103Page 15, line 24, leave out "or a relevant change in the instrument of government"
 

THE LORD ADONIS
THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

104Page 15, line 27, leave out from "foundation" to end of line 28
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

105Page 15, line 29, leave out subsection (2)
 

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

106Page 15, line 36, leave out paragraph (b) and insert—
"(   )  must provide for the proposals to be approved through ballot by a majority of the parents of the registered pupils of the school"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

107Page 15, line 42, leave out from second "foundation" to end of line 43
108Page 16, line 1, leave out from "foundation" to end of line 2
 

THE LORD ADONIS

109Page 16, line 1, leave out from "foundation" to end of line 2 and insert "or together with both the acquisition of a foundation and a relevant change in the instrument of government"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

110Page 16, line 5, leave out from "foundation" to end of line 6
 

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

111Page 16, line 9, after "by" insert "a two-thirds majority vote of"
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

112Page 16, line 9, at end insert "and, in the case of secondary schools, following consultation with any relevant feeder primary schools"
113Page 16, line 12, leave out paragraph (b)
 

THE BARONESS BUSCOMBE

114Page 16, line 13, leave out "other than the local education authority"
 

Clause 22

 

THE BARONESS BUSCOMBE

115Page 16, line 16, leave out subsections (1) to (3)
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

116Page 16, line 29, leave out subsection (3)
116APage 16, line 37, leave out "after their initial determination by the other person"
116BPage 16, line 44, at end insert "and any existing provider of such education as might be affected by the proposal"
 

Clause 24

 

THE LORD ADONIS

117Page 18, line 32, leave out subsection (1) and insert—
"(1)  This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.
(1A)  Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.
(1B)  Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 23."
 

Clause 26

 

THE LORD ADONIS

118Page 20, line 37, at end insert—
"(6A)  The implementation of proposals under section 24 is not to be taken as authorising any change in the religious character of the school or the loss of religious character."
 

Schedule 3

 

THE LORD ADONIS

119Page 135, leave out lines 15 and 16 and insert—
"(1)      Section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of the Board is required) is amended as follows.
(2)      In subsection (1)—"
120Page 135, line 37, at end insert—
"(3)      After subsection (1) insert—
    "(1A)      The governing body of a church school in England shall not, unless it has obtained the consent in writing of the Board for the diocese in which the school is situated, publish proposals under section 19 of the 2006 Act—
    (a)  where the school is a voluntary school, for a change of category to foundation school, or
    (b)  where the school is a foundation school, for a change in the instrument of government which results in the majority of governors being foundation governors.
    (1B)      Subsection (1)(a)(i) does not apply in any case where by virtue of subsection (1A) the consent of the Board is required."
(4)      In subsection (6), for "subsection (2)" substitute "subsection (1A) or (2)"."
 

After Clause 31

 

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

121Insert the following new Clause—
  "School governing body to hold meeting of parents on change of category
  Where—
(a)  a local education authority or the governing body of a maintained school wish to consider a proposal to make a prescribed alteration such as is mentioned in section 17(2), and
(b)  the local education authority or the governing body is capable of proposing that alteration,
 no decision to make the proposal shall be made without there having first been convened by the local authority or the governing body (as the case may be) a meeting at which the parents of pupils registered at the school concerned shall have been provided with the opportunity to discuss and make representations on a draft of the proposal."
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

121AInsert the following new Clause—
  "Register of institutions approved to act as a foundation of a school
(1)  The Secretary of State shall establish and maintain a register of all institutions approved by him to act as or take part in the foundation of a foundation school.
(2)  In considering whether to approve an institution under this section, the Secretary of State shall consider evidence that the institution is—
(a)  capable of contributing to the raising of school standards;
(b)  capable of promoting community cohesion;
(c)  not involved in activities inappropriate for children and young people;
(d)  capable of conforming to the charitable objectives of the foundation; and
(e)  able to demonstrate that its trustees are not involved in illegal activities or any other activities incompatible with the good reputation of any school of which it may be the foundation or in the foundation of which it may participate.
(3)  An institution may not act as nor take any part in the foundation of a foundation school unless registered as approved by the Secretary of State under this section.
(4)  Regulations under this section may make provision as to—
(a)  the form and manner in which applications for registration are to be made;
(b)  the documentary and other evidence which is to accompany applications for registration;
(c)  the registration, on the establishment of the register, of institutions which have not made such applications;
(d)  the matters which are to be recorded in the register against the institutions registered in it;
(e)  the restoration and alteration of entries;
(f)  the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available; and
(g)  such other matters as may be determined by the Secretary of State."
 

Before Clause 32

 

THE BARONESS BUSCOMBE

122Insert the following new Clause—
  "Self-governing schools
(1)  A foundation, voluntary aided or foundation special school shall be known as a self-governing school.
(2)  A foundation school or foundation special school having a foundation established other than under SSFA 1998 shall be known as a Trust school."
123Insert the following new Clause—
  "Duty to encourage schools to become self-governing and to acquire a trust
(1)  A person to whom this section applies shall ensure that his functions relating to maintained schools are (so far as they are capable of being so exercised) exercised with a view to encouraging all maintained schools to become self-governing, and to acquire a foundation.
(2)  In this section "self-governing" in relation to a maintained school means a foundation, voluntary aided or foundation special school, or an Academy.
(3)  This section applies to—
(a)  a local education authority in England, and
(b)  the Secretary of State."
 

Clause 32

 

THE LORD ADONIS

124Page 22, leave out lines 23 to 30 and insert—
    "(1)  This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.
    (1A)  Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.
    (1B)  Condition B is that the school—
    (a)  acquired its foundation, or
    (b)  became a school whose instrument of government provides for the majority of governors to be foundation governors,
      in pursuance of proposals falling to be implemented under regulations under section 23 of that Act.
    (1C)  Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 23 of that Act and has an instrument of government providing for the majority of governors to be foundation governors."
125[Withdrawn]
 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

125APage 22, line 33, at end insert—
"(   )  it is registered on the list maintained by the Secretary of State under section (Register of institutions eligible to be a foundation of a school),"
125BPage 22, line 43, leave out from "the" to end of line 2 on page 23 and insert "foundation shall be known as a community foundation and a majority, but no more than 33 per cent., of its members shall be members of the respective local authorities, with an additional 33 per cent. represented by parents and the remainder by other representatives of the local community"
125CPage 23, leave out lines 3 to 10 and insert—
    "(   )  In subsection (4) a community foundation may be a foundation whose instrument of government applies to all schools within a defined area and where those schools are required under the instrument of government to collaborate with one another."
125DPage 23, leave out lines 23 to 46

 
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©Parliamentary copyright 2006
17 July 2006