Session 2010-11
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Academies Bill [HL]


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 1st July 2010, as follows—

Clauses 1 to 9
Schedule 1
Clause 10
Schedule 2
Clauses 11 to 16

[Amendments marked * are new or have been altered]

Clause 1

LORD PHILLIPS OF SUDBURY

BARONESS WILLIAMS OF CROSBY

1

Page 1, line 4, at end insert—

“( ) In considering an application by any person to enter into any Academy arrangements, the Secretary of State shall inter alia take into account the potential impact on schools which may be affected.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

BARONESS WILLIAMS OF CROSBY

2

Page 1, line 8, at beginning insert “Subject to section 4(4) for a former maintained school,”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

3

Page 1, line 17, leave out “an independent” and insert “a secondary”

4

Page 1, line 17, after “independent” insert “secondary”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

5

Page 1, line 17, after “school” insert “or group of schools”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

5A*

Page 1, line 20, at end insert “, and

( ) is a non-selective school”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

BARONESS MORGAN OF DREFELIN

6

Page 1, line 21, at end insert—

“( ) to comply with the law on pupil exclusions and behaviour partnerships as set out in EA 2002, EIA 2006 and ASCLA 2009”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

7

Page 1, line 21, at end insert—

“( ) the school is not exclusively a nursery or primary school or both”

8

Page 2, line 1, at end insert—

“( ) the school complies with the provisions of the Code for School Admissions issued from time to time by the Secretary of State under section 84 of the SSFA 1998 (code for school admissions));”

BARONESS MASSEY OF DARWEN

BARONESS FLATHER

BARONESS GOULD OF POTTERNEWTON

9

Page 2, line 3, at end insert “except that Personal, Social and Health Education shall be a curriculum requirement”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

10

Page 2, line 3, at end insert “and sections 40, 41, 42 and 43 of the Childcare Act 2006”

LORD LUCAS

10A*

Page 2, line 8, leave out paragraph (d)

THE EARL OF LISTOWEL

10B*

Page 2, line 9, at end insert—

“(e) the school must monitor the quality of teachers it employs and make that information available to the Secretary of State”

10C*

Page 2, line 9, at end insert—

“( ) for the purposes of the admissions policy as set out in any School Admissions Code made under section 84 of the SSFA 1998, the school is treated in the same way as if it were a maintained school;”

LORD HILL OF OAREFORD

11

Page 2, line 9, at end insert—

“( ) Academy arrangements in relation to a school within subsection (5)(a)(i) must include provision imposing obligations on the proprietor of the school that are equivalent to the SEN obligations.

( ) “The SEN obligations” are the obligations imposed on governing bodies of maintained schools by—

(a) Chapter 1 of Part 4 of EA 1996 (children with special educational needs), and

(b) regulations made under any provision of that Chapter.”

LORD LOW OF DALSTON

12

Page 2, line 9, at end insert–

“(6A) The provisions of Academy arrangements that are equivalent to the SEN obligations may, insofar as they relate to pupils or parents, be enforced through judicial review by pupils or parents.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

12A*

Page 2, line 9, at end insert—

“( ) The Secretary of State shall set up an independent monitoring system to ensure compliance with the characteristics set out in subsection (6).”

LORD LOW OF DALSTON

13

Page 2, line 14, at end insert—

“( ) The provisions of Academy arrangements may, insofar as they relate to pupils or parents, be enforced through judicial review by pupils or parents.”

14

Page 2, line 14, at end insert—

“( ) An Academy will admit and make provision for children with special educational needs as if it were a maintained school within the meaning of SSFA 1998.”

BARONESS HOWE OF IDLICOTE

15

Page 2, line 16, at end insert—

“( ) At least 25% of the people on the governing body of an Academy will be elected from among the parents of pupils at the school.”

LORD WHITTY

16

Page 2, line 16, at end insert—

“( ) An Academy is a public authority for the purposes of the Human Rights Act 1998 and the Equality Act 2010.”

LORD GREAVES

17

Page 2, line 16, at end insert—

“(9) Before entering into Academy arrangements with any person the Secretary of State must make regulations which set out the criteria under which proposals for such arrangements may be granted.

(10) Regulations under subsection (9) shall not come into effect unless a draft has been laid before and approved by a resolution of each House of Parliament.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

17A*

Page 2, line 16, at end insert—

“( ) The governing body of an Academy must include between three and seven governors elected from among the parents of pupils at the school, at least two members elected from among the staff of the school, one of whom must be a teacher and at least one member of the local authority.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

17B*

Page 2, line 16, at end insert—

“( ) Academy arrangements must contain terms imposed that, throughout the duration of those arrangements, the school should comply with all the characteristics under section 1(6).”

Clause 2

18

[Retabled as Amendment 19A]

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

19

Page 2, line 18, leave out “agreement” and insert “arrangement”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

BARONESS WILLIAMS OF CROSBY

19A*

Page 2, line 18, after “agreement” insert “or under an Academy financial assistance arrangement”

20

Page 2, line 19, at end insert—

“( ) The Secretary of State in assessing payments for current expenditure under subsection (1) must take into account the needs of pupils as well as the number of pupils on the roll of an Academy.”

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

21

Page 2, line 35, at end insert–

“( ) In Schedule 1 to the School Finance (England) Regulations 2008, after paragraph 8 insert—

“8A Where a child is a registered pupil at an Academy, expenditure in respect of services for making provision for pupils with low incidence special educational needs or disabilities.”

( ) Where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities, the Secretary of State may make alternative arrangements.”

After Clause 2

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

22

Insert the following new Clause—

“Monitoring provision in Academies for children with special educational needs

(1) The Secretary of State shall, in respect of each academic year, prepare a report and lay it before Parliament on the quality of educational provision made for children with special educational needs who are registered pupils of Academies.

(2) The report shall record the number of children with statements of special educational needs made under section 324 of the Education Act 1996, and state whether or not this figure is reasonable given the characteristics of pupils on the rolls of Academies and maintained schools.

(3) The report shall state what action the Secretary of State intends to take to improve the quality of provision of children with special educational needs in attendance at Academies.”

Clause 3

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

22A*

Page 2, line 38, at beginning insert “Subject to subsections (6) and (7),”

BARONESS MASSEY OF DARWEN

BARONESS FLATHER

23

Page 3, line 5, at end insert—

“(4A) Before making an application under this section, the governing body of a school—

(a) must consult the local authority with regard to the appropriate balance of educational provision in the local authority area, and

(b) have the school’s intended policies on curriculum, admissions and employment approved by the Secretary of State for Education.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

BARONESS WILLIAMS OF CROSBY

24

Page 3, line 7, at end insert—

“(6) The governing body of a primary school is not eligible to apply under subsection (1) within two years of the date of Royal Assent of this Act.

(7) Two years after Royal Assent—

(a) the governing body of a primary school which has fewer than five hundred registered pupils is not eligible to apply under subsection (1), but

(b) the Secretary of State may by order amend this subsection to allow the governing body of a federation to apply, or the governing bodies of a number of schools to apply jointly, for an Academy order provided the total of primary-aged registered pupils in the federation, or group of schools, is five hundred or more.”

LORD WHITTY

25

Page 3, line 7, at end insert—

“( ) Before making an application for an Academy order, the governing body shall, over a period of at least 6 weeks during term time, consult the following on whether to make the application—

(a) pupils at the school,

(b) the parents of pupils of the school,

(c) the parents of pupils at any other school from which at least 10% of the pupils have come in the previous 3 years,

(d) staff at the school,

(e) trade unions representing staff at the school, and

(f) the governing body of other schools within its area which might reasonably be considered to be affected by the making of an Academy order.

( ) In that consultation, the governing body will make available in writing at least the following information relating to the proposed Academy—

(a) details of the proposed Academy arrangements,

(b) details of the proposed governance arrangements including details of the directors of the company which will enter into the Academy, arrangements and details of the composition of the governing body,

(c) details of the arrangements for the curriculum, for admissions, for special educational needs, for pupil discipline and exclusion and for complaints,

(d) details of any arrangements by which any other person will provide the education the proposed academy including details of the extent to which such arrangements will allow for that other person to make a profit from doing so,

(e) details of any additional money which would be available to the school (either as capital or revenue funding) if it became an Academy,

(f) details of any additional obligations which fall on the school if it became an Academy, and

(g) details of the criteria which the Secretary of State would apply in deciding whether to make the Academy order.

The governing body will take all reasonable steps to enable suporters and opponents of the proposal to circulate materials relating to the proposed application for an Academy order to other consultees.”

After Clause 3

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

26

Insert the following new Clause—

“Consultation before Academy order

Before entering into Academy arrangements with any person the Secretary of State must satisfy himself that relevant interested parties have been consulted by that person.”

Clause 4

LORD WHITTY

26A*

Page 3, line 14, at end insert—

“( ) No Academy order shall be made unless the local education authority has been consulted.”

27

[Retabled as Amendment 28A]

LORD WHITTY

28

Page 3, line 16, at end insert—

“( ) The Secretary of State will publish the criteria which he will apply in deciding whether to make Academy orders and full details of the mechanism which he will use for calculating the amount to be paid to Academies under Academy arrangements.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

BARONESS WILLIAMS OF CROSBY

28A*

Page 3, line 19, at end insert—

“( ) If the Secretary of State proposes to fund the school under section 14 of EA 2002, he must, before making the order under subsection (1), secure the agreement of the governing body to the terms of the financial assistance with respect to all the elements of a funding agreement.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

29

Page 3, line 34, at end insert—

“( ) Before making an Academy order in respect of a maintained school under section 4(1)(b), the Secretary of State shall consult with—

(a) the local authority;

(b) any other local authority who would, in his opinion, be affected by the making of an Academy order;

(c) such bodies as the Secretary of State considers appropriate to consult, representing the interests of teachers at the school;

(d) such bodies as the Secretary of State considers appropriate to consult, representing the interests of other staff at the school;

(e) such other persons as the Secretary of State considers appropriate.”

After Clause 4

LORD HILL OF OAREFORD

30

Insert the following new Clause—

“Consultation on conversion

(1) Before a maintained school in England is converted into an Academy, the school’s governing body must consult such persons as they think appropriate.

(2) The consultation must be on the question of whether the school should be converted into an Academy.

(3) The consultation may take place before or after an Academy order, or an application for an Academy order, has been made in respect of the school.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

[As an amendment to Amentment 30]

31

Line 8, leave out “may take place before or” and insert “must take place before and”

Clause 5

BARONESS SHARP OF GUILDFORD

BARONESS WALMSLEY

BARONESS GARDEN OF FROGNAL

32

Page 3, line 43, at end insert—

“( ) A selective school shall, after conversion to an Academy, have the right to maintain, but not increase, the proportionate number of pupils it admits in relation to the total number of pupils of the relevant age group in the relevant area in which it is situated.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

32A*

Page 3, line 43, at end insert—

“( ) Where the school is a selective school immediately before the making of the order, the number of pupils in each relevant age group within the Academy shall not, whilst the order remains in force, exceed those lawfully authorised by the governing body of the school immediately prior to the making of the order.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

32B*

Page 4, line 16, at end insert “and if the governing body has made a request to maintain such religious character”

BARONESS MASSEY OF DARWEN

BARONESS FLATHER

33

Page 4, line 19, at end insert—

“( ) Subsections (7) and (8) apply only if the governing body has made a request to maintain such religious character.

( ) Subsections (7) and (8) do not apply if the school is not designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character and, on conversion to an Academy, such a school may not then be designated or treated as designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

33A*

Page 4, line 23, at end insert—

“( ) The Academy arrangements must, subject to section 5(3), whilst the order remains in force, comply with all the characteristics under section 1(6).”

Clause 6

LORD HILL OF OAREFORD

34

Page 4, line 26, leave out “and”

35

Page 4, line 27, at end insert “, and

(c) the school is to be converted into an Academy.”

Clause 7

LORD HILL OF OAREFORD

36

Page 5, line 21, after “if” insert “— (a)”

37

Page 5, line 21, at end insert “, and

(b) the school is to be converted into an Academy.”

After Clause 7

LORD GREAVES

38

Insert the following new Clause—

“Local authority duties

(1) The Secretary of State may by order arrange for a local authority to carry out any of the activities in subsection (2).

(2) The activities are—

(a) the oversight and monitoring of Academies in its area;

(b) intervention and challenge when an Academy is under-performing;

(c) strategies and plans of action for the conversion of schools in its area into Academies;

(d) facilitating the integration of the work of Academies with that of maintained schools in the area;

(e) anything else that the Secretary of State may do in relation to Academies.

(3) An order made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Before Clause 8

LORD LOW OF DALSTON

39

Insert the following new Clause—

“Complaints

( ) The Secretary of State must by order provide for a process for the handling of complaints about an Academy’s performance of its obligations under Academy arrangements.

( ) An order under this section must set out a timetable within which complaints will be handled.”

Clause 8

LORD HODGSON OF ASTLEY ABBOTTS

40

Page 6, line 14, leave out “is a charity” and insert “may be deemed to be an exempt charity if and in so far as it is a charity”

LORD PHILLIPS OF SUDBURY

40A*

Page 6, line 16, at end insert “or is a charitable incorporated organisation”

40B*

Page 6, line 27, at end insert—

“( ) Where it appears to the Charity Commission for England and Wales that charity trustees are not complying with their legal obligations in exercising the control and management of the administration of an Academy the Commission may consult with the principal regulator, and if they think fit may thereafter (having given notice to the principal regulator), institute an inquiry under section 8(1) of the Charities Act 1993.”

BARONESS ROYALL OF BLAISDON

LORD HUNT OF KINGS HEATH

BARONESS MORGAN OF DREFELIN

41

Leave out Clause 8

Schedule 1

LORD HILL OF OAREFORD

42

Page 14, line 15, at end insert—

“( ) This paragraph also applies if—

(a) publicly funded land has been held for the purposes of a maintained school by the trustees of the school,

(b) the land is held by the trustees for the purposes of an Academy, and

(c) the first or the second condition set out below is satisfied.”

43

Page 14, leave out lines 22 and 23

44

Page 14, line 31, at beginning insert “in a case where this paragraph applies by virtue of sub-paragraph (1),”

BARONESS WHITAKER

44A*

Page 16, line 8, at end insert—

“( ) requiring the appointed person to ensure provision of premises which meet designated minimum design standards, including standards which meet the needs of students with disabilities”

After Clause 10

THE EARL OF LISTOWEL

44B*

Insert the following new Clause—

“Teacher quality

(1) The Secretary of State must monitor the impact that Academies have had on teacher quality in both Academies and non-Academy schools.

(2) In fulfilling his duties under subsection (1), the Secretary of State must consider the information provided by Academies under paragraph 1(6)(e).”

Schedule 2

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

45

Page 16, line 36, at end insert—

“In section 323 (general duty of local authority towards children for whom they are responsible) at end insert—

“( ) The proprietor of an Academy is the responsible body for bringing to the Authority’s attention a child as having (or probably having) special educational needs for a registered pupil at an Academy.””

46

Page 16, line 36, at end insert—

“( ) In section 327(1)(b) (access for local authority to certain schools), after “authority” insert “or an Academy”.”

LORD HILL OF OAREFORD

47

Page 17, line 21, at end insert—

“Freedom of Information Act 2000 (c. 36)

9A In Part 4 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: maintained schools and other educational institutions) after paragraph 52 insert—

“52A (1) The proprietor of an Academy, in respect of information held for the purposes of the proprietor’s functions under Academy arrangements.

(2) In sub-paragraph (1)—

“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;

“proprietor” has the meaning given by section 579(1) of the Education Act 1996.””

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

48

Page 17, line 23, at end insert—

“In section 52 (exclusion of pupils)—

(a) in subsection (1), after “maintained school” insert “academy”, and—

(b) in subsection (5), after the second occurrence of the word “school” insert—

“( ) in relation to an exclusion from an academy, the proprietor.””

LORD WHITTY

49

Page 17, line 26, at end insert—

“In section 133(6)(a) (requirements to be qualified) at end omit “or” and at end of paragraph (b) insert “, or

(c) an Academy”.

In section 212(1) (general interpretation) after “requires—” insert—

““Academy” means an Academy within the meaning of the Academies Act 2010;”.”

BARONESS WALMSLEY

BARONESS SHARP OF GUILDFORD

BARONESS GARDEN OF FROGNAL

50

Page 18, line 15, at end insert—

“( ) In section 88(5) (responsibility of relevant governing bodies for discipline), after third occurrence of “or” insert—

“( ) Academy”.

( ) In section 88(5) (responsibility of relevant governing bodies for discipline), after “EA 1996” insert “or an Academy”.”

LORD WHITTY

BARONESS ROYALL OF BLAISDON

BARONESS MORGAN OF DREFELIN

51

Page 18, line 32, at end insert—

“In section 237 (orders: supplementary) after subsection (3) insert—

(3A) An order under section 233(2)(d) or 234(2)(b) may also make provision by reference to actions taken or to be taken pursuant to Academy arrangements.

(3B) An order under section 233(2)(d) or 234(2)(b) or (4)(b) shall be formulated so as to apply to support staff employed to work at Academies with the same effect as it applies to staff employed to work in maintained schools.”

In section 238(3) (guidance) after paragraph (b) insert—

“(c) the governing body and proprietor of an Academy”.

In section 240(3)(a) (school support staff) at end insert “or is employed under a contract of employment providing for the person to work wholly or mainly at an Academy in England”.

In section 241 (general interpretation) after “Chapter—” insert—

““academy” means an Academy within the meaning of the Academies Act 2010,

“Academy arrangements” means Academy arrangements within the meaning of the Academies Act 2010.””

Clause 11

LORD LOW OF DALSTON

52

Page 7, line 6, at end insert—

“( ) The Secretary of State must secure such amendments to Academy arrangements in respect of each Academy as are necessary to ensure the Academy arrangements comply with section 1(6A).

( ) After twelve months after the commencement date, the Secretary of State may amend any existing Academy arrangements to the extent necessary to ensure that the Academy arrangements comply with section 1(6A) without requiring the agreement of the other party.”

After Clause 11

BARONESS WILLIAMS OF CROSBY

LORD GREAVES

53

Insert the following new Clause—

“Reports to Parliament

The Secretary of State shall lay a report before both Houses of Parliament on the progress of schools which have converted to Academies and on the implementation of this Act, not more than 12 months after the commencement of section (1) and each year thereafter.”

Clause 13

LORD HILL OF OAREFORD

54

Page 8, line 21, at end insert—

“(2A) Section 4(3) (when a maintained school is “converted into” an Academy) applies for the purposes of this Act.”

Clause 14

LORD HILL OF OAREFORD

55*

Page 8, line 29, at end insert “, subject to subsection (2).

“(2) An amendment or repeal made by this Act has the same extent as the provision to which it relates.”