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Education and Inspections Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


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

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD
THE LORD JUDD

1*Page 1, line 5, after "Duty" insert "to secure the right to a suitable education appropriate to the child's needs"
2*Page 1, line 9, at end insert—
    "(   )  securing the right of every child to a suitable education appropriate to the child's needs,"
 

Clause 7

 

THE BARONESS BUSCOMBE

3*Page 7, line 21, at end insert—
"(aa)  state how the proposed school will promote community cohesion in accordance with section 38"
 

Clause 8

 

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

4*Page 8, leave out lines 6 to 10 and insert—
    "(a)  only if the authority receives at the prescribed time an excellent or good standard in performing their functions; or
    (b)  with the consent of the Secretary of State in other cases where prescribed conditions are met."
 

Clause 37

 

THE BARONESS TURNER OF CAMDEN
THE BARONESS FLATHER
THE BARONESS MASSEY OF DARWEN
THE LORD AVEBURY

5Page 28, line 11, leave out subsection (1)
6Page 28, line 15, leave out subsection (2)
 

Clause 38

 

THE LORD SUTHERLAND OF HOUNDWOOD
THE LORD ALTON OF LIVERPOOL
THE BARONESS BUSCOMBE
THE LORD AHMED
THE LORD ADONIS

7*Page 28, line 24, at end insert—
"(   )  The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school—
(a)  promote the well-being of pupils at the school, and
(b)  in the case of a school in England, promote community cohesion."
 

THE LORD ADONIS
THE BARONESS WALMSLEY

8Page 28, line 25, leave out from "discharging" to "have" in line 26 and insert "those functions"
9Page 28, line 30, at end insert—
    "(   )  In this section "well-being"—
    (a)  in relation to a pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004, and
    (b)  in relation to pupils at a school in Wales, means their well-being so far as relating to the matters mentioned in section 25(2) of that Act."
 

After Clause 39

 

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

10*Insert the following new Clause—
  "Independent review of admission arrangements
(1)  The Secretary of State shall, within three years of the passing of this Act, appoint an independent body to review the arrangements in England relating to the admission of secondary school pupils and to make recommendations as appropriate.
(2)  The body shall be known as the Independent Review of Arrangements for Admission to Secondary Education in England, and for the purposes of this section as the Independent Review Body.
(3)  The Independent Review Body's remit shall include the workings of admission arrangements under Part 3 of SSFA 1998 (as amended by sections 39 to 54 of this Act) and new enactments under section 39(1) to (3) of this Act, and in particular it shall consider the degree to which admission arrangements are helping, or otherwise, to promote social integration, diversity and community cohesion.
(4)  The Independent Review Body shall invite representations and evidence from—
(a)  teacher associations;
(b)  local authorities;
(c)  parents and governors;
(d)  pupils in secondary schools;
(e)  employers; and
(f)  such other persons as it considers appropriate.
(5)  The Secretary of State shall provide the Independent Review Body with sufficient resources to enable it to commission research into the workings of the new admission arrangements and their impact on community and social cohesion.
(6)  The Independent Review Body shall report to the Secretary of State within two years of being appointed and the Secretary of State shall lay the report before Parliament within six months of receipt together with proposals detailing how he intends to implement its recommendations."
 

Clause 41

 

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

11*Page 31, line 14, at end insert—
    "(1D)  It shall be the duty of an admissions forum for an area of a local authority in England to work with the schools in that area to promote community cohesion and the well-being of the communities they serve."
 

After Clause 45

 

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

12*Insert the following new Clause—
  "Admission arrangements for additional schools with religious character
  After section 90 of SSFA 1998 insert—
    "90AAdmission arrangements for additional schools with religious character
    (1)  This section applies where an additional foundation or voluntary school with a religious character is to be established.
    (2)  The local education authority for the area in which the school is to be established may, if they so desire, specify that up to 25 per cent of places at the school shall be allocated to pupils who do not follow the religion or religious denomination of the school.
    (3)  Where the local education authority specify a number of places under subsection (2), the admission authority for the school must make admission arrangements accordingly.
    (4)  Where the local education authority decide not to specify a number of places under subsection (2), the consent of the Secretary of State for that decision is required if subsection (5) applies.
    (5)  This subsection applies if it appears to the Secretary of State that there would be significant opposition from residents of the area of the local education authority to the additional school only admitting pupils who follow the religion or religious denomination of the school.
    (6)  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.
    (7)  References in this section to a school with a religious character shall be construed in accordance with section 69(3).""
 

After Clause 55

 

THE LORD MOSER
THE LORD ARMSTRONG OF ILMINSTER
THE BARONESS BUSCOMBE
THE LORD HARRISON

13Insert the following new Clause—
  "Charges for music tuition
(1)  In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—
    "(3)  Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument."
(2)  In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after "tuition in" insert "singing or in"."
 

After Clause 91

 

THE BARONESS BUSCOMBE

14*Insert the following new Clause—
  "Anonymity of staff facing allegations
(1)  The Secretary of State may make regulations providing that where it is alleged that a relevant person in a school providing education for persons under 18 years of age has committed a criminal offence against or related to a child that person shall be afforded anonymity unless and until he is charged with an offence.
(2)  For the purposes of this section "anonymity" constitutes a restriction on including in a publication a reference to the person against whom the allegation is made if it is likely to lead members of the public to identify him as a person involved in the alleged offence.
(3)  Regulations made under this section may provide exemptions from a requirement to afford anonymity to a person on the application of a Chief Constable to a magistrates' court where it is—
(a)  necessary to prevent a person committing an offence or fleeing after having done so, or
(b)  necessary to ensure the effective conduct of a criminal investigation.
(4)  In this section a relevant person is a teacher or other member of staff in a school, including a volunteer.
(5)  Regulations shall not be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament."
 

Clause 92

 

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

15*Page 74, line 42, at end insert—
"(   )  The Secretary of State shall issue, and may from time to time revise, statutory guidance containing guidelines setting out aims, objectives and other matters, and such practical guidance as he thinks appropriate, in respect of the discharge by persons to whom this section applies of their functions under this section."
 

Clause 100

 

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

16*Page 79, line 27, at end insert—
    "(3C)  Parents of pupils whose children have been either permanently excluded or excluded for a fixed period on disciplinary grounds from relevant schools must be provided with information relating to the terms of the exclusion and where and from whom they may seek advice in relation to the exclusion, including advice outside normal office hours."
 

Clause 102

 

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

17*Page 80, line 26, at end insert—
"(2A)  If the parent of an excluded pupil has good reason for being unable to comply with the conditions of subsection (2), he may request the local education authority for the area of the school which has excluded the pupil to provide a place at a pupil referral unit."
18*Page 80, line 32, at end insert—
"(4A)  The Secretary of State shall issue guidance defining "good reason" in subsection (2A) and "reasonable justification" in subsection (4) and local education authorities shall refer to this guidance in any information issued to parents in relation to their duties under Section 100."
 

Before Clause 153

 

THE LORD SUTHERLAND OF HOUNDWOOD
THE LORD ALTON OF LIVERPOOL
THE BARONESS BUSCOMBE
THE LORD AHMED
THE LORD ADONIS

19*Insert the following new Clause—
  "Duty to report on contribution of certain schools to community cohesion
  In section 5 of EA 2005 (duty to inspect certain schools in England at particular intervals), in subsection (5) (which lists matters on which the Chief Inspector is under a general duty to report)—
(a)  omit the word "and" at the end of paragraph (e), and
(b)  at the end insert—
    "(g)  the contribution made by the school to community cohesion.""
     

    Clause 168

     

    THE LORD ADONIS

    20Page 120, line 26, at end insert—
    "(   )  In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—
      "(e)  whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).""
     

    Clause 178

     

    THE LORD MOSER
    THE LORD ARMSTRONG OF ILMINSTER
    THE BARONESS BUSCOMBE
    THE LORD HARRISON

    21Page 126, line 40, at end insert—
     "section (Charges for music tuition) (charges for music tuition);"
     

    Clause 187

     

    THE LORD MOSER
    THE LORD ARMSTRONG OF ILMINSTER
    THE BARONESS BUSCOMBE
    THE LORD HARRISON

    22Page 130, line 31, at end insert—
     "section (Charges for music tuition) (charges for music tuition);"
     

    Schedule 3

     

    THE LORD ADONIS

    23Page 147, line 23, after "10" insert ", 11"
     

    Schedule 18

     

    THE LORD SUTHERLAND OF HOUNDWOOD
    THE LORD ALTON OF LIVERPOOL
    THE BARONESS BUSCOMBE
    THE LORD AHMED
    THE LORD ADONIS

    24*Page 260, line 11, column 2, at end insert—
      "In section 5(5), the word "and" at the end of paragraph (e)."

 
 
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©Parliamentary copyright 2006
30 October 2006