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Education and Inspections Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 12th October 2006, as follows—

Clauses 5 and 6
Schedule 1
Clauses 7 to 17
Schedule 2
Clauses 18 to 30
Schedule 3
Clauses 31 to 36
Schedule 4
Clauses 37 to 54
Schedule 5
Clauses 55 to 67
Schedule 6
Clause 68
Schedule 7
Clauses 69 to 74
Schedule 8
Clause 75
Schedule 9
Clauses 76 to 82
Schedule 10
Clauses 83 to 108
Schedule 11
Clauses 109 to 111
Schedule 12
Clauses 112 to 145
Schedule 13
Clauses 146 to 152
Schedule 14
Clause 153
Schedule 15
Clauses 154 to 156
Schedule 16
Clauses 157 to 165
Schedule 17
Clauses 166 to 174
Schedule 18
Clauses 175 to 181

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 5

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

10Page 3, line 42, at end insert—
"(   )  School improvement partners shall send to the relevant local education authority copies of any reports made by them on relevant schools within the local education authority's area."
11Page 4, line 7, at end insert—
 ""relevant school" means—
(a)  a maintained school,
(b)  an Academy,
(c)  a city technology college,
(d)  a city college for the technology of the arts."
 

Clause 7

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

12Page 7, line 29, after "a" insert "community,"
13Page 7, line 31, leave out sub-paragraph (ii)
 

Clause 8

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

14Leave out Clause 8
 

Clause 10

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

15Page 8, line 43, after "State" insert "or after a majority of parents of pupils attending relevant schools, as may be prescribed by regulations, have indicated in a ballot conducted by the authority that they wish to consider such proposals,"
 

Schedule 2

 

THE LORD BAKER OF DORKING
THE BARONESS MASSEY OF DARWEN
THE LORD TAVERNE
THE LORD SKIDELSKY

16Page 131, line 24, at end insert—
 

"Approval under paragraph 8 of proposal for additional school having a religious character

(1)      No approval may be given under paragraph 8 by the relevant authority or the adjudicator of a proposal to establish an additional school with a religious character unless the admission arrangements for that school provide for at least 25 per cent of places to be allocated to pupils who do not follow the religion or religious denomination of the school.
(2)      For the purposes of this section, a school is "additional" if it does not replace a school which has been or is to be discontinued."
 

THE LORD ADONIS

17Page 133, line 5, after "12" insert ", sections 15 and 16"
18Page 136, line 7, leave out sub-paragraph (7)
19Page 136, line 24, after "paragraphs" insert "A1 to A16 or"
20Page 136, leave out lines 45 to 47
 

Clause 18

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

21Page 14, line 3, at end insert—
"(   )  a reduction in the proportion of elected parent governors on a school's governing body"
 

Clause 22

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

22Page 17, line 8, leave out paragraph (b) and insert—
"(   )  must provide for the proposals to be approved through a ballot by a majority of the parents of the registered pupils of the school"
23Page 17, line 28, after "by" insert "a two-thirds majority vote of"
24Page 17, line 28, at end insert "and, in the case of secondary schools, following consultation with any relevant feeder primary schools"
 

Clause 24

 

THE LORD ADONIS

25Page 19, line 44, after "by" insert ", or that which may be made by regulations under,"
 

Clause 25

 

THE LORD ADONIS

26Page 20, line 23, leave out from "which" to "or" in line 24 and insert—
"(i)  proposals for the establishment of the school were implemented under Schedule 2, or
(ii)  proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24,"
27Page 20, line 28, at end insert—
"(6A)  In subsection (6)(a)(ii) "relevant change", in relation to the instrument of government of a school, is to be read in accordance with section 22(2)."
 

Clause 26

 

THE LORD ADONIS

28Page 21, line 12, leave out subsection (3) and insert—
"(3)  Regulations under this section may in prescribed cases—
(a)  require the governing body to ensure that matters relating to—
(i)  any transfer which may be required by virtue of subsection (2)(b) of section 27, or
(ii)  any payment which might be required by virtue of subsection (3) or (4) of that section,
  are agreed or determined before the proposals are published, and
(b)  enable or require any such matter to be referred to the adjudicator for determination before the proposals are published."
 

Clause 27

 

THE LORD ADONIS

29Page 21, line 29, at end insert—
"(2A)  Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i)."
30Page 22, line 1, leave out subsection (5)
 

THE LORD BISHOP OF PORTSMOUTH

31Page 22, line 11, at end insert—
"(   )  The implementation of proposals under section 25 shall be regarded as an occasion for applying the property of the foundation cy-preŽs and such application shall take effect as if the school had been discontinued.
(   )  Where proposals under section 25 are implemented, section 554 of EA 1996 (power to make new provision as to use of endowments) shall apply to any endowments held by the foundation as if the premises of the school had ceased to be used for the purposes of the school."
 

After Clause 28

 

THE BARONESS BUSCOMBE

32Insert the following new Clause—
  "Review of special educational needs provision
(1)  The Secretary of State shall establish a review of special needs provision which shall—
(a)  inquire fully into the reasons why special schools have closed;
(b)  seek the views of parents of children with special educational needs about provision and the way decisions affecting their child are made;
(c)  examine all categories of special educational needs.
(2)  The composition of the review panel and its terms of reference shall be set out by order, and it shall report within six months of this Act coming into force."
33Insert the following new Clause—
  "Closure of special schools
  No special school may be closed, unless by special consent of the Secretary of State, until the review established under section (Review of special educational needs provision) has been completed."
 

Schedule 3

 

THE LORD ADONIS

34Page 145, line 19, at end insert—
 "27A      In section 82 of SSFA 1998 (modification of trust deeds), in subsection (1), for "or the Education Act 2002" substitute ", the Education Act 2002 or the Education and Inspections Act 2006"."
35Page 145, line 39, after ""promoters"" insert—
"(i)  after "Part II" insert "in relation to Wales", and
(ii)  "
36Page 145, line 41, leave out from beginning to "in" in line 1 on page 146 and insert—
"(1)      Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) is amended as follows."
37Page 146, line 15, at end insert—
"(3)      At the beginning of Part 2 insert—
     

    "Interpretation of Part

     2A      In this Part of this Schedule "promoters", in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.""
 

After Clause 32

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

38Insert 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 as mentioned in section 18(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 the local authority or the governing body (as the case may be) convening a meeting at which the parents of pupils registered at the school have had the opportunity to discuss and make representations on a draft of the proposal."
 

Clause 33

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD

39Page 24, line 38, leave out from "the" to end of line 40 and insert "foundation shall be known as a community foundation with one-third of its members being drawn from the respective local authorities, one-third from parents of the schools within the foundation, and one-third from other community organisations"
40Page 24, line 41, leave out from beginning to end of line 6 on page 25 and insert—
    "(   )  In subsection (7) a community foundation is a foundation whose instrument of government applies to all schools within a defined geographical area and where the schools are required under that instrument to work together as a federation."
 

Clause 34

 

THE LORD ADONIS

41Page 26, leave out line 8
42Page 26, line 14, after "members" insert "of a parent council"
43Page 26, line 17, at end insert—
    "(4A)  Regulations—
    (a)  must require the majority of members of a parent council to be parent members, and
    (b)  may enable a person who is not the parent of a registered pupil to be a member of a parent council if appointed in accordance with the regulations by the parent members."
44Page 26, line 26, at end insert—
    "(8)  In this section "parent member", in relation to a parent council, means a member of the council who is the parent of a registered pupil at the school."
 

Schedule 4

 

THE LORD ADONIS

45Page 155, line 32, at end insert—
"(   )      On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal."
46Page 160, line 49, at end insert—
"(   )      On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal."
47Page 164, line 40, after "non-playing" insert "field"
48Page 167, line 43, at end insert—
"(   )      On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal."
49Page 172, line 10, leave out "A20" and insert "A15"
50Page 186, line 18, leave out "the school or schools falling within sub-paragraph (2)" and insert "one or more foundation or foundation special schools to which section 23A applies"
 

THE LORD BISHOP OF PORTSMOUTH

51Page 189, line 16, after "apply" insert
"(a)"  
52Page 189, line 17, at end insert ", or
(b)  to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies."
53Page 189, leave out lines 22 and 23 and insert—
"(c)  for "falling within subsection (1)" substitute "which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a) or (b)"."

 
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©Parliamentary copyright 2006
18 October 2006