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back to previous amendments
| | THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
| 126 | Page 24, line 12, leave out "are" and insert "include" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill. |
| | THE LORD DEARING
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY |
| 127 | Insert the following new Clause— |
| | "Duty to consult pupils' schools councils |
| | Where an enactment requires consultation with parents, there shall also be consultation with pupils through the pupils' school council, or in the absence of a school council, by all other appropriate means." |
| | THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
| 128 | Insert the following new Clause— |
| | Nothing in Schedule 22 to SSFA 1998 (disposals of land in case of certain schools and disposals and discontinuance) shall apply to land that is subject to the trust arising under section 1 of the Reverter of Sites Act 1987 (c. 15) (right of reverter replaced by trust) or would be so subject if it ceases to be used for or in connection with the provision of education." |
| 129 | Insert the following new Clause— |
| | "Employment of staff in schools with a religious character |
| (1) | In section 58 of SSFA 1998 (appointment and dismissal of teachers of religious education) subsection (4) is omitted. |
| (2) | Section 60 of SSFA 1998 (staff at foundation or voluntary school with religious character) is amended as follows. |
| (3) | In subsection (2), for "section 59(2) to (4)" substitute "section 59(2)(a), (3) and (4)". |
| (4) | Subsection (6) is omitted." |
| 129A | Page 150, line 3, leave out "A6" and insert "A6A" |
| 129B | Page 150, line 3, at end insert "and paragraph A22" |
| 129C | Page 150, line 11, after "the" insert "publicly funded" |
| 129D | Page 150, line 12, leave out "those proceeds" and insert "the proceeds of disposal" |
| 129E | Page 150, line 12, at end insert— |
| "( ) | For the purposes of this paragraph and paragraphs A3 and A4, the "publicly funded proceeds of disposal" means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1." |
| 129F | Page 150, line 17, at end insert "publicly funded" |
| 129G | Page 150, line 19, after second "the" insert "publicly funded" |
| 129H | Page 150, line 30, leave out "(6)" and insert "(6)(a)" |
| 129J | Page 150, line 32, leave out from "where" to second "are" in line 34 and insert "the authority give notice of their objection to the disposal in accordance with sub-paragraph (6)(a), the relevant requirements in relation to such a notice" |
| 129K | Page 150, line 38, leave out from "disposal" to end of line 42 and insert "on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met." |
| 129L | Page 150, line 42, at end insert— |
| "( ) | The "relevant requirements" in relation to a notice given under sub-paragraph (6)(a) are met if— |
| (a) | the adjudicator has approved the disposal on a reference made under paragraph A3(1), or |
| (b) | the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (8)." |
| 129M | Page 150, line 43, leave out from beginning to end of line 13 on page 151 and insert— |
| "(11) | If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (6)— |
| (a) | notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (6)(b); |
| (b) | notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (6)(c), |
| | the governing body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met. |
| (12) | The "relevant requirements" in relation to a notice given under sub-paragraph (6)(b) are met if— |
| (a) | the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A3(2), or |
| (b) | the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (8). |
| (13) | The "relevant requirements" in relation to a notice given under sub-paragraph (6)(c) are met if— |
| (a) | the "appropriate amount" has been determined in accordance with paragraph A3(3), or |
| (b) | the authority have withdrawn notice of their claim in accordance with sub-paragraph (8)." |
| 129N | Page 151, line 20, after second "the" insert "publicly funded" |
| 129P | Page 151, line 22, leave out "the proceeds of disposal" and insert "those proceeds" |
| 129Q | Page 151, line 33, after second "the" insert "publicly funded" |
| 129R | Page 151, line 34, leave out "the proceeds of disposal" and insert "those proceeds" |
| 129S | Page 151, line 49, leave out from beginning to end of line 5 on page 152 and insert— |
| | "A4 (1) This paragraph applies where the disposal is made. |
| (1A) | The governing body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal. |
| (a) | the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(6)(c), and |
| (b) | the "appropriate amount" has been determined in accordance with paragraph A3(3) to be an amount greater than zero, |
| | the governing body must pay the "appropriate amount" to the authority." |
| 129T | Page 152, line 6, after "remaining" insert "publicly funded" |
| 129U | Page 152, line 8, after "remaining" insert "publicly funded" |
| 129V | Page 152, line 14, at end insert "publicly funded" |
| 129W | Page 152, line 24, after "the" insert "publicly funded" |
| 129X | Page 152, leave out line 26 and insert— |
| "( ) | The "remaining publicly funded proceeds of disposal" means the amount of the publicly funded" |
| 129Y | Page 152, line 29, leave out from "A3(3)," to end of line 31 |
| 129Z | Page 152, line 32, after "Sub-paragraphs" insert "(1B)," |
| 129AA | Page 152, line 32, leave out from "paragraph" to end of line 33 and insert "A2(11) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(6)(b) or (c))." |
| 129AB | Page 152, line 34, leave out from beginning to end of line 28 on page 154 |
| 129AC | Page 154, line 28, at end insert— |
| "A6A(1) | This paragraph applies where— |
| (a) | the authority gave notice of their objection to the disposal in accordance with paragraph A2(6)(a), and |
| (b) | the adjudicator has determined that he does not approve the disposal. |
| (2) | The governing body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate. |
| (3) | Before making an application under sub-paragraph (2), the governing body must give the local education authority notice of their intention to make the application." |
| 129AD | Page 156, line 24, leave out "A13" and insert "A13A" |
| 129AE | Page 156, line 24, at end insert "and paragraph A22" |
| 129AF | Page 156, line 32, after "the" insert "publicly funded" |
| 129AG | Page 156, line 33, leave out "those proceeds" and insert "the proceeds of disposal" |
| 129AH | Page 156, line 33, at end insert— |
| "( ) | For the purposes of this paragraph and paragraphs A10 and A11, the "publicly funded proceeds of disposal" means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A8." |
| 129AJ | Page 156, line 38, at end insert "publicly funded" |
| 129AK | Page 156, line 40, after second "the" insert "publicly funded" |
| 129AL | Page 157, line 4, leave out "(6)" and insert "(6)(a)" |
| 129AM | Page 157, line 6, leave out from "where" to second "are" in line 8 and insert "the authority give notice of their objection to the disposal in accordance with sub-paragraph (6)(a), the relevant requirements in relation to such a notice" |
| 129AN | Page 157, line 12, leave out from "disposal" to end of line 16 and insert "on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met." |
| 129AP | Page 157, line 16, at end insert— |
| "( ) | The "relevant requirements" in relation to a notice given under sub-paragraph (6)(a) are met if— |
| (a) | the adjudicator has approved the disposal on a reference made under paragraph A10(1), or |
| (b) | the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (8)." |
| 129AQ | Page 157, line 17, leave out from beginning to end of line 32 and insert— |
| "(11) | If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (6)— |
| (a) | notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (6)(b); |
| (b) | notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (6)(c), |
| | the foundation body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met. |
| (12) | The "relevant requirements" in relation to a notice given under sub-paragraph (6)(b) are met if— |
| (a) | the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A10(2), or |
| (b) | the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (8). |
| (13) | The "relevant requirements" in relation to a notice given under sub-paragraph (6)(c) are met if— |
| (a) | the "appropriate amount" has been determined in accordance with paragraph A10(3), or |
| (b) | the authority have withdrawn notice of their claim in accordance with sub-paragraph (8)." |
| 129AR | Page 157, line 39, after "of the" insert "publicly funded" |
| 129AS | Page 157, line 41, leave out "the proceeds of disposal" and insert "those proceeds" |
| 129AT | Page 158, line 2, after second "the" insert "publicly funded" |
| 129AU | Page 158, line 3, leave out "the proceeds of disposal" and insert "those proceeds" |
| 129AV | Page 158, line 18, leave out from beginning to end of line 23 and insert— |
| | "A11 (1) This paragraph applies where the disposal is made. |
| (1A) | The foundation body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal. |
| (a) | the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A9(6)(c), and |
| (b) | the "appropriate amount" has been determined in accordance with paragraph A10(3) to be an amount greater than zero, |
| | the foundation body must pay the "appropriate amount" to the authority." |
| 129AW | Page 158, line 24, after "remaining" insert "publicly funded" |
| 129AX | Page 158, line 26, after "remaining" insert "publicly funded" |
| 129AY | Page 158, line 32, at end insert "publicly funded" |
| 129AZ | Page 158, line 42, after "the" insert "publicly funded" |
| 129BA | Page 158, leave out line 44 and insert— |
| "( ) | The "remaining publicly funded proceeds of disposal" means the amount of the publicly funded" |
| 129BB | Page 158, line 47, leave out from "A10(3)," to end of line 49 |
| 129BC | Page 159, line 1, after "Sub-paragraphs" insert "(1B)," |
| 129BD | Page 159, line 1, leave out from "paragraph" to end of line 2 and insert "A9(11) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A9(6)(b) or (c))." |
| 129BE | Page 159, line 3, leave out from beginning to end of line 47 on page 160 |
| 129BF | Page 160, line 47, at end insert— |
| "A13A(1) | This paragraph applies where— |
| (a) | the authority gave notice of their objection to the disposal in accordance with paragraph A9(6)(a), and |
| (b) | the adjudicator has determined that he does not approve the disposal. |
| (2) | The foundation body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate. |
| (3) | Before making an application under sub-paragraph (2), the foundation body must give the local education authority notice of its intention to make the application." |
| 129BG | Page 162, line 40, after "by" insert "the trustees from" |
| 129BH | Page 162, line 40, at end insert "which was land acquired by the governing body" |
| 129BJ | Page 163, line 34, leave out "A20" and insert "A20A" |
| 129BK | Page 163, line 34, at end insert "and paragraph A22" |
| 129BL | Page 164, line 3, after "the" insert "publicly funded" |
| 129BM | Page 164, line 4, leave out "those proceeds" and insert "the proceeds of disposal" |
| 129BN | Page 164, line 4, at end insert— |
| "( ) | For the purposes of this paragraph and paragraphs A17 and A18, the "publicly funded proceeds of disposal" means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1), (2) or (3) of paragraph A15." |
| 129BP | Page 164, line 9, at end insert "publicly funded" |
| 129BQ | Page 164, line 11, after second "the" insert "publicly funded" |
| 129BR | Page 164, line 21, leave out "(8)" and insert "(8)(a)" |
| 129BS | Page 164, line 23, leave out from "where" to second "are" in line 25 and insert "the authority give notice of their objection to the disposal in accordance with sub-paragraph (8)(a), the relevant requirements in relation to such a notice" |
| 129BT | Page 164, line 28, leave out from "disposal" to end of line 32 and insert "on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met." |
| 129BU | Page 164, line 32, at end insert— |
| "( ) | The "relevant requirements" in relation to a notice given under sub-paragraph (8)(a) are met if— |
| (a) | the adjudicator has approved the disposal on a reference made under paragraph A17(1), or |
| (b) | the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (10)." |
| 129BV | Page 164, line 33, leave out from beginning to end of line 48 and insert— |
| "(13) | If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (8)— |
| (a) | notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (8)(b); |
| (b) | notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (8)(c), |
| | the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met. |
| (14) | The "relevant requirements" in relation to a notice given under sub-paragraph (8)(b) are met if— |
| (a) | the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A17(2), or |
| (b) | the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (10). |
| (14A) | The "relevant requirements" in relation to a notice given under sub-paragraph (8)(c) are met if— |
| (a) | the "appropriate amount" has been determined in accordance with paragraph A17(3), or |
| (b) | the authority have withdrawn notice of their claim in accordance with sub-paragraph (10)." |
| 129BW | Page 165, line 10, after "the" insert "publicly funded" |
| 129BX | Page 165, line 12, leave out from "used"," to end of line 19 and insert— |
| "( ) | in sub-paragraph (13)— |
| (i) | for "proposed use of the publicly funded proceeds of disposal" substitute "proposed purposes for which the land is to be used", and |
| (ii) | for "use the publicly funded proceeds of disposal" substitute "use the land for purposes not connected with the provision of education in maintained schools", and |
| ( ) | in sub-paragraph (14)— |
| (i) | for "relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has" substitute "purposes for which the land is to be used have", and |
| (ii) | for "proposed use of the publicly funded proceeds of disposal" substitute "proposed purposes for which the land is to be used"." |
| | THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
| 130 | Page 165, line 23, at end insert "and the adjudicator shall direct that the authority pay compensation to the trustees for the costs and expenses that they have incurred and (where the adjudicator approves the disposal) any diminution in the value of the land caused while the trustees were unable to dispose of it because of the provisions of this Schedule" |
| 130A | Page 165, line 25, after second "the" insert "publicly funded" |
| 130B | Page 165, line 27, leave out "the proceeds of disposal" and insert "those proceeds" |
| 130C | Page 165, line 36, after "the" insert "publicly funded" |
| 130D | Page 165, line 37, leave out "the proceeds of disposal" and insert "those proceeds" |
| 130E | Page 166, line 5, after "the" insert "publicly funded" |
| 130F | Page 166, line 7, leave out "the proceeds of disposal" and insert "those proceeds" |
| 130G | Page 166, line 10, leave out from beginning to end of line 15 and insert— |
| | "A18 (1) This paragraph applies where the disposal is made. |
| (1A) | The trustees must notify the authority that the disposal has been made and of the amount of the proceeds of disposal. |
| (a) | the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A16(8)(c), and |
| (b) | the "appropriate amount" has been determined in accordance with paragraph A17(3) to be an amount greater than zero, |
| | the trustees or their successors must pay the "appropriate amount" to the authority." |
| 130H | Page 166, line 16, at end insert "publicly funded" |
| | THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
| 131 | Page 166, line 18, at end insert— |
| "( ) | Where the trustees retain proceeds of disposal which they are obliged to use on relevant capital expenditure and that relevant capital expenditure is to be incurred by other persons, the trustees may pay the proceeds of disposal to those persons and this provision shall apply notwithstanding the trusts on which, but for this paragraph, the proceeds of disposal would have been held by the trustees." |
| 131A | Page 166, line 19, after "remaining" insert "publicly funded" |
| 131B | Page 166, line 25, at end insert "publicly funded" |
| 131C | Page 166, line 35, after "the" insert "publicly funded" |
| 131D | Page 166, leave out line 37 and insert— |
| "( ) | The "remaining publicly funded proceeds of disposal" means the amount of the publicly funded" |
| 131E | Page 166, line 40, leave out from "A17(3)," to end of line 42 |
| 131F | Page 166, line 43, after "Sub-paragraphs" insert "(1B)," |
| 131G | Page 166, line 43, leave out from "paragraph" to end of line 44 and insert "A16(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A16(8)(b) or (c))." |
| 131H | Page 167, line 1, leave out "(1)" and insert "(1A)" |
| 131J | Page 167, line 3, after ""remaining" insert "publicly funded" |
| 131K | Page 167, line 10, after "the" insert "publicly funded" |
| 131L | Page 167, line 15, at end insert "publicly funded" |
| 131M | Page 167, line 18, leave out from beginning to end of line 6 on page 169 |
| 131N | Page 169, line 6, at end insert— |
| "A20A(1) | This paragraph applies where— |
| (a) | the authority gave notice of their objection to the disposal in accordance with paragraph A16(8)(a), and |
| (b) | the adjudicator has determined that he does not approve the disposal. |
| (2) | The trustees may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate. |
| (3) | Before making an application under sub-paragraph (2), the trustees must give the local education authority notice of their intention to make the application." |
| 131P | Page 169, line 25, after "reference" insert "or application" |
| 131Q | Page 169, line 26, leave out "A20" and insert "A20A" |
| 131R | Page 169, line 27, after "determining" insert "the publicly funded proceeds of disposal or" |
| 131S | Page 169, line 27, leave out from "amount"" to "in" in line 28 |
| 131T | Page 169, line 28, leave out "in accordance with" and insert "for the purposes of" |
| 131U | Page 169, line 30, leave out "on a reference made under" and insert "for the purposes of" |
| | THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
| 132 | Page 169, line 33, at end insert "and such guidance shall amongst other things require the adjudicator to hold a public hearing where that is requested by the trustees" |
| 132A | Page 169, line 33, at end insert— |
| "(3) | In addition to having regard to guidance as required under sub-paragraph (1)(b) or (2), a local education authority, a governing body, a foundation body, trustees and the adjudicator, must also have regard, in particular, to the factors mentioned in sub-paragraph (4) in determining any of the following for the purposes of any of paragraphs A2 to A20A— |
| (a) | the publicly funded proceeds of disposal; |
| (b) | the "appropriate amount"; |
| (c) | the amount of the consideration (if any) to be paid under paragraph A6A, A13A or A20A. |
| (4) | The factors referred to in sub-paragraph (3) are— |
| (a) | in the case of any disposal, the value of the land as at the date of the determination, |
| (b) | in the case of any disposal, any enhancement in value of the land attributable to expenditure on the land by the local education authority or a relevant person, |
| (c) | in the case of any disposal, any expenditure on the land by a relevant person, |
| (d) | in the case of any disposal, any relevant payments made by a relevant person to the local education authority or the Secretary of State, |
| (e) | in the case of any disposal, to the extent that they do not fall within paragraph (c) or (d), any payments in respect of the acquisition of the land, and |
| (f) | in the case of a disposal falling within paragraph A1(1)(i), paragraph A8(1)(h) or paragraph A15(1)(h) or (k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the proceeds of disposal mentioned in the provision in question were publicly funded proceeds of disposal as defined for the purposes of paragraph A2, A9 or A16, as the case may be. |
| (5) | A "relevant person" means— |
| (a) | in the case of a disposal to which paragraph A2 or A16 applies, the governing body or the trustees of the school in question, and |
| (b) | in the case of a disposal to which paragraph A9 applies, the foundation body in question. |
| (6) | A "relevant payment" means— |
| (a) | in the case of any disposal, a payment in respect of the current school site or sites to which the land relates, |
| (b) | in the case of any disposal, a payment under any of the following provisions— |
| | paragraph 2(6) of Schedule 3; |
| | paragraph 16(5) of Schedule 6 (including that provision as applied by any enactment); |
| | section 60(4) of the Education Act 1996; |
| | paragraph 28(5) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment), and |
| (c) | in the case of a disposal of land falling within any of the following provisions— |
| | paragraph A1(1)(f) or (g); |
| | paragraph A8(1)(e) or (f); |
| | paragraph A15(1)(g), (i) or (j), |
a payment in respect of the grant mentioned in the provision in question.
| (7) | The reference in sub-paragraph (5)(a) to the governing body or the trustees of the school in question includes— |
| (a) | where the school was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals, |
| (b) | where the school was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and |
| (c) | where the school was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made. |
| (8) | The reference in sub-paragraph (5)(b) to the foundation body in question includes— |
| (a) | where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals, |
| (b) | where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and |
| (c) | where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made." |
| 132B | Page 169, line 47, at end insert— |
| "( ) | In determining whether to make a reference to the adjudicator under sub-paragraph (1)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State." |
| 132C | Page 169, line 47, at end insert— |
| "(3) | An order made by the adjudicator on an application under paragraph A6A, A13A or A20A may be varied or revoked by a further order made by him if— |
| (a) | an application for its variation or revocation is made to him by an appropriate person in relation to the order, and |
| (b) | before making the further order, the adjudicator consults such persons as he considers appropriate. |
| (4) | An "appropriate person" in relation to an order made under paragraph A6A, A13A or A20A means— |
| (a) | the governing body, the foundation body or the trustees, as the case may be, who applied for the order, |
| (b) | the local education authority, or |
| (c) | if different from that authority, the local authority to whom land is required to be transferred under the order. |
| (5) | In determining whether to make an application to the adjudicator under sub-paragraph (3)(a), an appropriate person must have regard, in particular, to any guidance given from time to time by the Secretary of State." |
| 132D | Page 169, line 47, at end insert— |
| "( ) | Paragraph A22 applies in relation to the further determination by the adjudicator, by virtue of sub-paragraph (1) or (3), of any matter for the purposes of any of paragraphs A2 to A20A as it applies in relation to the original determination of the matter." |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 132E | Page 172, line 6, at end insert ", or |
| ( ) | the land is required by the local authority for any other purpose which the local authority may show to the satisfaction of the adjudicator to be in the local community interest," |
| 132F | Page 173, line 5, at end insert— |
| "( ) | In determining whether to make an application to the adjudicator under sub-paragraph (13)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State. |
| ( ) | Sub-paragraph (11) applies in relation to the making of a further order by virtue of sub-paragraph (13) as it applies in relation to the making of the original transfer order." |
| 132G | Page 178, line 6, at end insert— |
| "( ) | In sub-paragraph (1A)(b) for "falling within section 21(1)(a)" substitute "established otherwise than under this Act"." |
| 133 | Page 182, line 31, leave out "falling within sub-paragraph (2)" and insert "to which section 23A (requirements as to foundations) applies" |
| 134 | Page 182, leave out lines 33 to 40 |
| 135 | Page 183, line 32, leave out "and" |
| 136 | Page 183, line 34, at end insert "and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established" |
| 136A | Page 183, line 40, leave out ""A26,"" and insert ""A6A, A13A, A20A, A26,"" |
| 136B | Page 184, line 14, at end insert— |
| "( ) | In sub-paragraph (4) for the words from ", either by agreement" to the end substitute "— |
| (a) | by agreement between the authority and the relevant body, or |
| (b) | by the adjudicator where— |
| (i) | the authority or the relevant body refer the matter to him for determination, and |
| (ii) | by the time of his determination, the matter has not been determined by agreement between the authority and the relevant body."" |
| 136C | Page 184, line 14, at end insert— |
| "( ) | After sub-paragraph (4) insert— |
| "(4A) | In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State. |
| (4B) | Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference."" |
| 136D | Page 184, line 14, at end insert— |
| "( ) | In sub-paragraph (5)— |
| (a) | for "Secretary of State" substitute "adjudicator", and |
| (b) | after "particular" insert "to any guidance given from time to time by the Secretary of State and"." |
| 136E | Page 184, line 14, at end insert— |
| "( ) | After sub-paragraph (5) insert— |
| "(5A) | A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if— |
| (a) | the matter is referred to him by the local education authority or the relevant body, and |
| (b) | before making the further determination, the adjudicator consults such persons as he considers appropriate. |
| (5B) | In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local education authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State. |
| (5C) | Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter."" |
| | THE LORD BISHOP OF PETERBOROUGH
THE LORD BISHOP OF SOUTHWELL AND NOTTINGHAM |
| 137 | Page 185, line 22, at end insert— |
| "(2C) | If the Secretary of State refuses to consent to the disposal of any playing fields by the trustees, the trustees may elect to transfer the playing fields and (if they so wish) the remainder of their landholding in the school premises of which the playing fields form part to the Secretary of State and the Secretary of State shall compensate the trustees for the value of the land so transferred in accordance with the provisions of the Land Compensation Act 1961." |
| 137A | Page 186, line 7, leave out from "2," to end of line 10 and insert "in sub-paragraph (10), after "paragraphs" insert "A1 to A18 or"." |
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