Apprenticeships, Skills, Children and Learning Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 193

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

281Page 116, line 40, at end insert—
"(   )  Each children's centre is to have a designated lead on safeguarding."
 

Clause 195

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

281APage 118, line 4, at end insert "including the protection of centres of excellence"
 

Clause 197

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

282Page 119, line 2, leave out "the Secretary of State" and insert "Ofsted"
283Page 119, line 15, after "are" insert "judged by Ofsted to be"
 

Clause 199

283A[Withdrawn]
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

283BPage 119, line 40, at end insert—
"(   )  The Secretary of State shall issue regulations and guidance as to which of the powers and duties of a head teacher shall be regarded as a "prescribed function" for the purposes of subsection (2)."
 

BARONESS VERMA

 

LORD DE MAULEY

284Page 120, line 3, at end insert—
"(   )  a decision relating to the disciplining of a pupil, including a decision to exclude temporarily a pupil"
285Page 120, line 3, at end insert—
"(   )  a decision to enforce the published rules of the school"
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

286Page 120, line 18, after first "school," insert "an Academy,"
 

Clause 200

 

BARONESS VERMA

 

LORD DE MAULEY

287Page 120, line 46, at end insert "; or
(   )  that the complaint is not vexatious"
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

288Page 121, line 5, at end insert "or if he considers the complaints to be vexatious or malicious"
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

288ZAPage 121, line 5, at end insert "; or
(b)  if satisfied that the complaint is vexatious."
288A[Withdrawn]
 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

288AAPage 121, line 9, at end insert "if it is in the public interest to do so"
288B[Withdrawn]
 

Clause 201

 

BARONESS VERMA

 

LORD DE MAULEY

288CPage 121, line 19, at end insert "if it is just, fair and reasonable to do so"
 

Clause 202

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

289Page 121, line 24, at end insert—
"(   )  where the complainant is a parent, the pupil about which the complaint relates;"
 

Clause 203

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

290Page 122, line 23, at end insert—
"(   )  For the purposes of an investigation under this Chapter, a Local Commissioner shall make arrangements for the provision of assistance to any pupil referring a complaint to the Local Commissioner and—
(a)  the assistance provided under these arrangements shall include appointment of an independent advocate;
(b)  arrangements made under paragraph (a)—
(i)  shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State; and
(ii)  shall comply with any other provision made by the regulations in relation to the arrangements;
(c)  the Secretary of State may make regulations requiring the Local Commissioner to monitor the steps that they have taken to ensure that they comply with regulations made under paragraph (b) above;
(d)  the Local Commissioner shall give such publicity to their arrangements for the provision of assistance under this section in a manner they consider appropriate for the pupil and this must include the provision of relevant information to a pupil eligible to make complaints about their school in a language and format that is appropriate to their age and understanding.
(   )  In this section—
 "advocate" is a person providing confidential information, advice, representation and support;
 "independent" means where the person appointed to provide assistance is not connected with the respondent by virtue of being—
(a)  a member of the local authority in which the respondent's qualifying school is situated or any of their committees or sub-committees, whether elected or co-opted; or
(b)  an employee or governor of that school or any of their committees or sub-committees, whether elected or co-opted; or
(c)  an employee of that school; or
(d)  a spouse or civil partner of any such person."
 

Clause 218

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

291Page 131, line 21, at end insert—
"(5)  This section applies if—
(a)  the quality of education provided in the school for children with special educational needs has been inspected by an appropriately qualified person who has received training in inspection provision for children with special educational needs; and
(b)  the quality of education provision provided in the school for children with special educational needs is reported to be of at least equivalent quality to the education provided in the school for all pupils.
(6)  The Secretary of State shall issue regulations specifying how a person may be considered to be appropriately qualified for the purposes of subsection (5)(a)."
292Page 132, line 16, at end insert "and to the local education authority"
 

Clause 235

 

BARONESS VERMA

 

LORD DE MAULEY

293Page 139, line 36, after "possessions;" insert—
"(   )  has reasonable grounds for suspecting that a pupil at the school may have an item that, in the judgement of the member of staff, may present harm to other pupils, staff or teachers;"
294Page 140, line 2, at end insert—
"(   )  In determining whether there are reasonable grounds under subsection (1)(a), a member of staff may have access to any CCTV footage that the school may have."
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

294APage 140, line 14, at end insert—
"(f)  an article of a kind specified in regulations."
 

BARONESS VERMA

 

LORD DE MAULEY

295Page 140, line 14, at end insert—
"(   )  any other item prohibited by the published rules of the school"
 

BARONESS VERMA

 

LORD DE MAULEY

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

296Page 140, line 14, at end insert—
"(   )  any other item which, if it were to remain with the pupil or in his possession, may constitute a risk of imminent harm to the pupil himself or to any other person"
 

LORD LUCAS

297Page 140, line 14, at end insert—
"(   )  any item specifically prohibited by the school's printed rules"
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

297ZAPage 140, line 23, at end insert "provided the teacher or other person has had, in the head teacher's opinion, adequate training in the safe conduct of searching for prohibited items which will include instruction on the statutory definitions of offensive weapons and controlled drugs"
 

BARONESS VERMA

 

LORD DE MAULEY

297APage 140, line 25, at end insert "but does not include property such as lockers and desks, which may be searched without the presence of P"
 

LORD LUCAS

297BPage 140, leave out lines 40 to 43
 

BARONESS VERMA

 

LORD DE MAULEY

298Page 141, leave out line 8
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

298APage 141, line 8, leave out "and"
 

BARONESS VERMA

 

LORD DE MAULEY

299Page 141, line 10, leave out "of the same sex as P"
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

299APage 141, line 10, leave out "of the same sex as P" and insert "; and"
299BPage 141, line 10, at end insert—
"(d)  must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so."
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

300Page 141, line 15, after "section" insert "and in section 550ZC"
301Page 141, line 25, after "550ZA" insert "or, if he is not the person carrying out the search, a member of the security staff of the school"
302Page 141, line 29, after "person" insert ", who must be a member of the security staff of the school,"
 

LORD LUCAS

302APage 141, line 37, leave out "but" and insert "or"
302BPage 141, line 42, leave out "but" and insert "or"
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

302BAPage 142, line 4, at end insert—
"(6A)  Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article)."
 

LORD LUCAS

302CPage 142, line 11, leave out "must" and insert "may"
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

302DPage 142, line 12, at end insert "and regulations made under subsection (6A)"
302EPage 142, line 34, at end insert—
"(   )  Regulations under section 550ZC(6A) may make provision corresponding to any provision of this section."
302FPage 142, line 34, at end insert—
"(   )  In section 569 of the Education Act 1996 (c. 56) (regulations)—
(a)  in subsection (2) after "this Act," insert "other than one falling within subsection (2A),", and
(b)  after subsection (2) insert—
"(2A)  A statutory instrument which contains (whether alone or with other provision) regulations under section 550ZA or 550ZC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.""

 
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16 October 2009