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

House of Lords

back to previous amendments

 

Clause 33

 

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

126Page 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.
 

After Clause 33

 

THE LORD DEARING
THE BARONESS SHARP OF GUILDFORD
THE BARONESS WALMSLEY

127Insert 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."
 

After Clause 35

 

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

128Insert the following new Clause—
  "Reverter of sites
  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."
129Insert 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."
 

Schedule 4

 

THE LORD ADONIS

129APage 150, line 3, leave out "A6" and insert "A6A"
129BPage 150, line 3, at end insert "and paragraph A22"
129CPage 150, line 11, after "the" insert "publicly funded"
129DPage 150, line 12, leave out "those proceeds" and insert "the proceeds of disposal"
129EPage 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."
129FPage 150, line 17, at end insert "publicly funded"
129GPage 150, line 19, after second "the" insert "publicly funded"
129HPage 150, line 30, leave out "(6)" and insert "(6)(a)"
129JPage 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"
129KPage 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."
129LPage 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)."
129MPage 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)."
129NPage 151, line 20, after second "the" insert "publicly funded"
129PPage 151, line 22, leave out "the proceeds of disposal" and insert "those proceeds"
129QPage 151, line 33, after second "the" insert "publicly funded"
129RPage 151, line 34, leave out "the proceeds of disposal" and insert "those proceeds"
129SPage 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.
    (1B)      Where—
    (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."
129TPage 152, line 6, after "remaining" insert "publicly funded"
129UPage 152, line 8, after "remaining" insert "publicly funded"
129VPage 152, line 14, at end insert "publicly funded"
129WPage 152, line 24, after "the" insert "publicly funded"
129XPage 152, leave out line 26 and insert—
    "(   )      The "remaining publicly funded proceeds of disposal" means the amount of the publicly funded"
129YPage 152, line 29, leave out from "A3(3)," to end of line 31
129ZPage 152, line 32, after "Sub-paragraphs" insert "(1B),"
129AAPage 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))."
129ABPage 152, line 34, leave out from beginning to end of line 28 on page 154
129ACPage 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."
129ADPage 156, line 24, leave out "A13" and insert "A13A"
129AEPage 156, line 24, at end insert "and paragraph A22"
129AFPage 156, line 32, after "the" insert "publicly funded"
129AGPage 156, line 33, leave out "those proceeds" and insert "the proceeds of disposal"
129AHPage 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."
129AJPage 156, line 38, at end insert "publicly funded"
129AKPage 156, line 40, after second "the" insert "publicly funded"
129ALPage 157, line 4, leave out "(6)" and insert "(6)(a)"
129AMPage 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"
129ANPage 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."
129APPage 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)."
129AQPage 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)."
129ARPage 157, line 39, after "of the" insert "publicly funded"
129ASPage 157, line 41, leave out "the proceeds of disposal" and insert "those proceeds"
129ATPage 158, line 2, after second "the" insert "publicly funded"
129AUPage 158, line 3, leave out "the proceeds of disposal" and insert "those proceeds"
129AVPage 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.
    (1B)      Where—
    (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."
129AWPage 158, line 24, after "remaining" insert "publicly funded"
129AXPage 158, line 26, after "remaining" insert "publicly funded"
129AYPage 158, line 32, at end insert "publicly funded"
129AZPage 158, line 42, after "the" insert "publicly funded"
129BAPage 158, leave out line 44 and insert—
    "(   )      The "remaining publicly funded proceeds of disposal" means the amount of the publicly funded"
129BBPage 158, line 47, leave out from "A10(3)," to end of line 49
129BCPage 159, line 1, after "Sub-paragraphs" insert "(1B),"
129BDPage 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))."
129BEPage 159, line 3, leave out from beginning to end of line 47 on page 160
129BFPage 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."
129BGPage 162, line 40, after "by" insert "the trustees from"
129BHPage 162, line 40, at end insert "which was land acquired by the governing body"
129BJPage 163, line 34, leave out "A20" and insert "A20A"
129BKPage 163, line 34, at end insert "and paragraph A22"
129BLPage 164, line 3, after "the" insert "publicly funded"
129BMPage 164, line 4, leave out "those proceeds" and insert "the proceeds of disposal"
129BNPage 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."
129BPPage 164, line 9, at end insert "publicly funded"
129BQPage 164, line 11, after second "the" insert "publicly funded"
129BRPage 164, line 21, leave out "(8)" and insert "(8)(a)"
129BSPage 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"
129BTPage 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."
129BUPage 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)."
129BVPage 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)."
129BWPage 165, line 10, after "the" insert "publicly funded"
129BXPage 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

130Page 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"
 

THE LORD ADONIS

130APage 165, line 25, after second "the" insert "publicly funded"
130BPage 165, line 27, leave out "the proceeds of disposal" and insert "those proceeds"
130CPage 165, line 36, after "the" insert "publicly funded"
130DPage 165, line 37, leave out "the proceeds of disposal" and insert "those proceeds"
130EPage 166, line 5, after "the" insert "publicly funded"
130FPage 166, line 7, leave out "the proceeds of disposal" and insert "those proceeds"
130GPage 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.
    (1B)      Where—
    (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."
130HPage 166, line 16, at end insert "publicly funded"
 

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

131Page 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."
 

THE LORD ADONIS

131APage 166, line 19, after "remaining" insert "publicly funded"
131BPage 166, line 25, at end insert "publicly funded"
131CPage 166, line 35, after "the" insert "publicly funded"
131DPage 166, leave out line 37 and insert—
    "(   )      The "remaining publicly funded proceeds of disposal" means the amount of the publicly funded"
131EPage 166, line 40, leave out from "A17(3)," to end of line 42
131FPage 166, line 43, after "Sub-paragraphs" insert "(1B),"
131GPage 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))."
131HPage 167, line 1, leave out "(1)" and insert "(1A)"
131JPage 167, line 3, after ""remaining" insert "publicly funded"
131KPage 167, line 10, after "the" insert "publicly funded"
131LPage 167, line 15, at end insert "publicly funded"
131MPage 167, line 18, leave out from beginning to end of line 6 on page 169
131NPage 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."
131PPage 169, line 25, after "reference" insert "or application"
131QPage 169, line 26, leave out "A20" and insert "A20A"
131RPage 169, line 27, after "determining" insert "the publicly funded proceeds of disposal or"
131SPage 169, line 27, leave out from "amount"" to "in" in line 28
131TPage 169, line 28, leave out "in accordance with" and insert "for the purposes of"
131UPage 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

132Page 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"
 

THE LORD ADONIS

132APage 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."
132BPage 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."
132CPage 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."
132DPage 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

132EPage 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,"
 

THE LORD ADONIS

132FPage 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."
132GPage 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"."
133Page 182, line 31, leave out "falling within sub-paragraph (2)" and insert "to which section 23A (requirements as to foundations) applies"
134Page 182, leave out lines 33 to 40
135Page 183, line 32, leave out "and"
136Page 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"
136APage 183, line 40, leave out ""A26,"" and insert ""A6A, A13A, A20A, A26,""
136BPage 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.""
136CPage 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.""
136DPage 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"."
136EPage 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

137Page 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."
 

THE LORD ADONIS

137APage 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"."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2006
17 July 2006