Amendments proposed to the Education Bill - continued House of Commons

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Mr Stephen Timms

483

Schedule     21,     page     185,     line     10,     at end insert—

    '4C (1) Section 52A of the Further and Higher Education Act 1992 (duty to safeguard pupils receiving secondary education) is amended as follows.

    (2) In subsection (1)—

            (a)    for "persons who would, if they were pupils at a school, be in the fourth key stage" there is substituted "persons of compulsory school age", and

            (b)   in paragraph (a), for "in pursuance of arrangements falling within section 18(1)(aa) of this Act" there is substituted "by virtue of section 18(1)(aa) or (ab) of this Act".

    (3) In subsection (2) for "such pupils" there is substituted "persons of compulsory school age".'.

   

Mr Stephen Timms

397

Schedule     21,     page     185,     line     20,     at end insert—

     In section 14 of the Education Act 1994 (qualification of teachers, &c.), subsections (1), (3) and (4) are omitted.'.

   

Mr Stephen Timms

315

Schedule     21,     page     185,     leave out line 30 and insert—

     '(1) Section 28L of the Disability Discrimination Act 1995 (exclusions) is amended as follows.

    (2) In subsections (2)(a) and (5)(a) for "section 67(1) of the School Standards and Framework Act 1998" there is substituted "section 49 of the Education Act 2002".

    (3) In'.

   

Mr Stephen Timms

316

Schedule     21,     page     187,     line     21,     at end insert—

      'In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for "and" at the end of paragraph (a) there is substituted—

          "(aa) "assessment arrangements" and "fourth key stage"—

          (i)   in relation to a school maintained by a local education authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

          (ii)   in relation to a school maintained by a local education authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and".'

   

Mr Stephen Timms

317

Schedule     21,     page     187,     line     39,     after 'State' insert 'and'.

   

Mr Stephen Timms

318

Schedule     21,     page     187,     line     41,     leave out 'voluntary school' and insert 'by the authority'.

   

Mr Stephen Timms

286

Schedule     21,     page     188,     line     35,     at end insert—

     '33A In section 533 of the Education Act 1996 (c.56) (duties of governing bodies with respect to provision of school meals etc), for subsection (3)(b) and (c) there is substituted "and

          (b) charge every person the same price for the same quantity of the same item.".'.

   

Mr Stephen Timms

398

Schedule     21,     page     188,     line     35,     at end insert—

     '33A In section 545 of the Education Act 1996 (exemption of educational buildings from building byelaws), in subsection (2)(a) the words "or section 218(7) of the Education Reform Act 1988" are omitted.

     33B In section 578 of the Education Act 1996 (meaning of "the Education Acts"), the reference to the School Teachers' Pay and Conditions Act 1991 is omitted.'.

   

Mr Stephen Timms

319

Schedule     21,     page     189,     line     9,     after '(4B)(a),' there is inserted—

            '(a)    after "foundation special school" there is inserted " or maintained nursery school", and

            (b)'.   

   

Mr Stephen Timms

320

Schedule     21,     page     190,     line     8,     at end insert—

      'Education Act 1997 (c. 44)

      In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for "section 351 of the Education Act 1996" there is substituted "section 74 of the Education Act 2002".

      In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for "section 351 of the Education Act 1996" there is substituted "section 95 of the Education Act 2002".'.

   

Mr Stephen Timms

399

Schedule     21,     page     190,     line     8,     at end insert—

      'Education Act 1997 (c.44)

     44A Section 49 of the Education Act 1997 (regulations about access to children) shall cease to have effect.'.

   

Mr Stephen Timms

400

Schedule     21,     page     190,     line     8,     at end insert—

      'Police Act 1997 (c.50)

     44B (1) Section 113 of the Police Act 1997 (criminal record certificates) is amended as follows.

    (2) In subsection (3A)—

            (a)   in paragraph (a), sub-paragraphs (ii) and (iii) are omitted,

            (b)   for paragraph (b) there is substituted—

          "(b) if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c.14), such details of his inclusion as may be prescribed;", and

            (c)   after paragraph (b) there is inserted—

          "(c) whether he is subject to a direction under section 138 of the Education Act 2002; and

          (d) if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.".

    (3) In subsection (3B)—

            (a)   for paragraph (b) there is substituted—

          "(b) a position which involves work to which section 138 of the Education Act 2002 applies;",

            (b)   paragraph (c) is omitted, and

            (c)   the words from "and the reference" to the end are omitted.

     44C In section 115 of the Police Act 1997 (enhanced criminal record certificates), in subsection (6A)—

            (a)   in paragraph (a), sub-paragraphs (ii) and (iii) are omitted,

            (b)   for paragraph (b) there is substituted—

          "(b) if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c.14), such details of his inclusion as may be prescribed;", and

            (c)   after paragraph (b) there is inserted—

          "(c) whether he is subject to a direction under section 138 of the Education Act 2002; and

          (d) if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.".'.

   

Mr Stephen Timms

401

Schedule     21,     page     190,     line     8,     at end insert—

      'Teaching and Higher Education Act 1998 (c. 30)

     44D In section 1 of the Teaching and Higher Education Act 1998 (establishment and functions of General Teaching Council), subsection (8) is omitted.

     44E In section 2 of the Teaching and Higher Education Act 1998 (advisory functions of General Teaching Council), in subsection (4), for "by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers)" there is substituted "under section 138 of the Education Act 2002 (prohibition from teaching, &c.)".

     44F In section 3 of the Teaching and Higher Education Act 1998 (registration of teachers), in subsection (3)—

            (a)   the words "within the meaning of section 218(2) of the Education Reform Act 1988" are omitted, and

            (b)   for paragraph (a) there is substituted—

          "(a) subject to a direction under section 138(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),".

     44G In section 4 of the Teaching and Higher Education Act 1998 (regulations relating to registration with General Teaching Council), for subsection (3)(a) there is substituted—

          "(a) a direction given under section 138 of the Education Act 2002 (prohibition from teaching, &c.),".

     44H In section 7 of the Teaching and Higher Education Act 1998 (additional functions of General Teaching Council), in subsection (3), for the words from "the exercise" to the end there is substituted "the specification of requirements of regulations under section 128 of the Education Act 2002 (qualified teacher status)".

     44J Section 10 of the Teaching and Higher Education Act 1998 (further functions of General Teaching Council for Wales in relation to teachers) shall cease to have effect.

     44K Section 11 of the Teaching and Higher Education Act 1998 (registration requirement for school teachers) shall cease to have effect.

     44L In section 12 of the Teaching and Higher Education Act 1998 (deduction from teachers' salaries of fees for registration with General Teaching Council)—

            (a)   for subsection (2)(b) there is substituted—

          "(b) required to be registered in the register by virtue of section 130 of the Education Act 2002", and

            (b)   in subsection (4), for the definition of "schools" there is substituted—

      " "school" means a school maintained by a local education authority or a special school not so maintained".

     44M Section 13 of the Teaching and Higher Education Act 1998 (consultation about qualified teacher status) shall cease to have effect.

     44N Section 18 of the Teaching and Higher Education Act 1998 (qualifications of head teachers) shall cease to have effect.

     44P In section 19 of the Teaching and Higher Education Act 1998 (requirement for school teacher to serve induction period)—

            (a)   in subsection (7), for "section 49 of the Education (No. 2) Act 1986" there is substituted "section 127 of the Education Act 2002",

            (b)   in subsection (8), after "local education authorities" there is inserted "in Wales", and

            (c)   for subsection (10)(b) there is substituted—

          "(b) "relevant school" means a school maintained by a local education authority or a special school not so maintained".

    44Q (1) Schedule 2 to the Teaching and Higher Education Act 1998 (disciplinary powers of the General Teaching Council) is amended as follows.

    (2) In paragraph 1(4) for the words from "of any powers" to the end there is substituted "of the powers exercisable by him, in cases which he considers concern the safety and welfare of persons aged under 18, under section 138 of the Education Act 2002 —

            (a)   on the grounds that a person is unsuitable to work with children, or

            (b)   on grounds relating to a person's misconduct or health.

    (3) Paragraph 1(5) is omitted.'.

 
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