Amendments proposed to the Education Bill - continued House of Commons

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Special educational needs

   

Mr Andrew Turner

NC2

To move the following Clause:—

    '(1)   'Subject to subsection (2) the Secretary of State shall make arrangements to refund the cost falling to local authorities and health authorities in providing for children with special educational needs or the special needs of children with autism spectrum disorder.

    (2)   The Secretary of State shall not be responsible for refunding costs falling on the local education authority.

    (3)   Part IV, Chapter I of the Education Act 1996 shall be amended as follows—

      (a) in section 312(4) leave out from "(a)" to "and" and insert—

          "(a) in relation to a child who has attained the age of two, health, social services educational provision which is additional to, or otherwise different from, such provision made generally for children of his age in schools (other than special schools) maintained by the local education authority, or at home, and";

      (b) in section 313(1) after "shall", insert "in consultation where appropriate with the Secretary of State for Health";

      (c) in section 322 leave out subsections (2), (3) and (4);

      (d) in section 322 after "question", insert—

            "( )   A local authority or a health authority shall assist the local education authority in undertaking any assessment, review or appeal under sections 323 to 336."

      (e) in section 325(5)(a)(ii) leave out "may" and insert "shall".

      (f) after section 332 insert—

            "332A.   Where a child is diagnosed suffering from autism spectrum disorder the local education authority and the Special Educational Needs Tribunal shall in assessing or reviewing his special needs have regard to the effect on his education of health and social services provision."

    (4)   In this section and sections 312 to 336 of the Education Act 1996 "health authority" means such National Health Service body as designated by the Secretary of State for Health.'.


Pre-school nurseries, etc.

   

Chris Grayling

NC3

To move the following Clause:—

       'Pre-school nurseries and other groups shall be free to modify any curriculum provision in the foundation stage unless subject to special measures.'.


Employment etc of teachers: religious issues
   

Mr Phil Willis
Mr David Laws

NC6

To move the following Clause:—

    '(1)   The School Standards and Framework Act 1998 (c. 59) is amended as follows.

    (2)   Section 58 (Appointment and dismissal of certain teachers at schools with a religious character) shall cease to have effect.

    (3)   Section 59 (Staff at community, secular foundation or voluntary, or special school) is amended by leaving out subsection (1) and inserting—

      "(1) This section applies to any maintained school."

    (4)   Section 60 (Staff at foundation or voluntary school with a religious character) shall cease to have effect'.


Parents' demand for additional schools or academies

   

Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Mr Andrew Turner
Chris Grayling

NC7

To move the follow Clause:—

    '(a)   Where the conditions in subsection (b) apply the prescribed person shall consider the establishment of a school of a description in section 66(2).

    (b)   The conditions are:

      (i) that an initial proposal, generally conforming to a form prescribed by regulations, for a new school has been published;

      (ii) that a number of parents of pupils likely to be eligible for admission to the school have indicated in writing their support for the initial proposal;

      (iii) that the initial proposal and the indications of support shall have been delivered to the prescribed person.

    (c)   The prescribed person is (in the case of an Academy) the Secretary of State and (in the case of a community, foundation or voluntary school) the local education autority.

    (d)   The Secretary of State shall by regulation, to be approved by positive vote of both Houses, set out the content of the form of initial proposal mentioned in subsection (b)(i) above, that content not to require the provision of information not generally available to members of the public.

    (e)   Where a initial proposal has been considered the prescribed person shall either give in writing his reasons for the rejection of the proposal (which must be from among those set out in subsection (f) below),or use his best endeavours to establish a new school or academy broadly conforming to the initial proposal.

    (f)   The reasons for rejection are:

      (i) that there are sufficient places available for pupils of the age and number mentioned in the initial proposal in schools within reasonable travelling time of the pupils' homes, such schools not being in special measures or having serious weaknesses, and

      (ii) that there are sufficient places available for pupils of the age and number mentioned in the initial proposal in schools of the character mentioned in the initial proposal within reasonable travelling time of the pupils' homes, such schools not being in special measures or having serious weaknesses, or

      (iii) that insufficient parents have indicated their support for the initial proposal to make a school of the size and character mentioned in the initial proposal reasonably viable, having regard to current patterns of expenditure on schools in the area, or

      (iv) such other reason as the Secretary of State may add by regulations to be approved by both Houses.

    (g)   The Secretary of State may issue guidance to assist in the development of initial proposals under this section.

    (h)   "Proposals" in this section does not have the meaning in section 66.'.


Modification of employment law

   

Mr Phil Willis
Mr David Laws

NC8

To move the following Clause:—

    '(1)   In section 81 of the School Standards and Framework Act 1998 as amended by schedule 21 to this Act there is added at the end of subsection (1) "or as he considers necessary to ensure that persons employed to work in schools to whom those provisions apply have the benefit of the rights conferred by school enactments as if the governing bodies of those schools were their employers.

    (2)   In Paragraph 3 of the Education (Modification of Enactments Relating to Employment) Order 1999 S.I. 1999/2256. There is added

      (a) after sub-paragraph (1)(e)

       "(f) in the case of the Transfer of Undertakings (Protection of Employment) Regulations 1981 references to a relevant transfer includes transfers from one governing body to another"

      (b) in the Schedule "Transfer of Undertakings (Protection of Employment) Regulations 1991.".'


New independent schools
   

Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner

NC9

To move the following Clause:—

    '(1)   Subsection 155(1) shall not apply to an independent school—

      (a) before the Chief Inspector has undertaken his inspection and the registration authority determined whether to register the school,

      (b) within the first twelve months of its establishment unless the school has re-opened with substantially the same management and premises as a former independent school which has been refused registration or removed from the register of independent schools in the previous five years.

      (c) within the first twelve months of a change of proprietor, unless that person has within the previous five years been the proprietor of a school which has been refused registration or removed from the register of independent schools.'.


ORDER OF THE COMMITTEE [11TH DECEMBER]

       That—

    (1)   during proceedings on the Education Bill the Standing Committee do meet when the House is sitting on Tuesdays at half-past Ten o'clock and half-past Four o'clock and on Thursdays at five minutes to Ten o'clock and half-past Two o'clock;

    (2)    18 sittings in all shall be allotted to the consideration of the Bill by the Committee;

    (3)   the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (4)   the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (5)   paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) on any earlier sitting than that provided for under paragraph (3) if all previous proceedings have already been concluded.

TABLE

SittingProceedingsTime for conclusion of proceedings
1stClauses 1 to 12-
2ndClauses 1 to 12 (so far as not previously concluded)-
3rdClauses 1 to 12 (so far as not previously concluded)11.25 a.m.
4thClauses 13 to 18, Schedule 1, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 43-
5thClauses 13 to 18, Schedule 1, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 43 (so far as not previously concluded)-
6thClauses 13 to 18, Schedule 1, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 43 (so far as not previously concluded)7 p.m.
7thClauses 44 to 48, Schedule 4, Clause 49, Clause 501 p.m.
8thClauses 51 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clauses 57 to 61-
9thClauses 51 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clauses 57 to 61 (so far as not previously concluded)11.25 a.m.
10thClauses 62 to 65, Schedule 7, Clause 66, Clause 67, Schedule 8, Clause 68, Schedule 9, Clauses 69 to 71, Schedule 10-
11thClauses 62 to 65, Schedule 7, Clause 66, Clause 67, Schedule 8, Clause 68, Schedule 9, Clauses 69 to 71, Schedule 10 (so far as not previously concluded)1 p.m.
12thClause 72, Clause 93, Clause 73, Clause 94, Clauses 74 to 76, Clauses 95 to 97, Clause 77, Clause 79, Clause 98, Clause 100, Clause 85, Clause 106, Clause 78, Clause 99, Clause 80, Clause 101, Clause 81, Clause 82, Clause 102, Clause 103, Clause 83, Clause 84, Clause 104, Clause 105, Clauses 86 to 91, Clauses 107 to 112, Clause 92, Clause 113, Clause 1147 p.m.
13thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13-
14thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13 (so far as not previously concluded)5 p.m.
15thClauses 145 to 148, Schedule 14, Clauses 149 to 151, Schedule 15, Clauses 152 to 170-
16thClauses 145 to 148, Schedule 14, Clauses 149 to 151, Schedule 15, Clauses 152 to 170 (so far as not previously concluded)7 p.m.
17thClauses 171 to 181, Schedule 16, Clause 182, Schedule 17, Clause 183, Schedule 18, Clauses 184 to 189, Schedule 11, Clauses 190 to 193, Schedule 19, Clauses 194 to 200, Schedule 20, Clauses 201 to 211, Schedule 21, Schedule 22, new Clauses, new Schedules-
18thClauses 171 to 181, Schedule 16, Clause 182, Schedule 17, Clause 183, Schedule 18, Clauses 184 to 189, Schedule 11, Clauses 190 to 193, Schedule 19, Clauses 194 to 200, Schedule 20, Clauses 201 to 211, Schedule 21, Schedule 22, new Clauses, new Schedules (so far as not previously concluded)5 p.m.


ORDER OF THE COMMITTEE [13TH DECEMBER]

       That the Order of the Committee [11th December] relating to programming be amended as follows—

    (1)   in the third column for the 3rd sitting, '11.25am' is omitted;

    (2)   the entries for the 4th, 5th and 6th sittings are omitted and the following words inserted:

4thClauses 1 to 12 (so far as not previously concluded)-
5thClauses 1 to 12 (so far as not previously concluded)1 p.m.
6thClauses 13 to 18, Schedule 1, Clauses 19 to 35, Schedule 2, Clauses 36 to 38, Schedule 3, Clauses 39 to 4310 p.m.


ORDER OF THE COMMITTEE [18TH DECEMBER]

That the Order of the Committee [11th December] relating to programming as amended by the Order of the Committee [13th December] be amended as follows—

       in paragraph (1) "Thursdays at five minutes to Ten o'clock" is omitted and "Thursdays at half-past Nine o'clock" is inserted;

       in paragraph (4) after "time" there is inserted "or times";

       in sub-paragraph (5) "on any earlier sitting" is omitted and "at any earlier time" is inserted;

       in the Table the entries for the 6th to 16th sittings are omitted and the following words inserted:

6th
(afternoon)
Clauses 13 to 177 p.m.
6th (evening)Clause 18, Schedule 1, Clauses 19 to 249.55 p.m.
7thClauses 25 to 35, Schedule 2, Clauses 36 to 38, Schedule 31 p.m.
8thClauses 39 to 437 p.m.
9thClauses 44 to 48, Schedule 4, Clause 49, Clause 5011.25 a.m.
10thClauses 51 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clause 57 to 615 p.m.
11thClauses 62 to 65, Schedule 7, Clause 66, Clause 67, Schedule 8, Clause 68, Schedule 9, Clauses 69 to 71, Schedule 101 p.m.
12thClause 72, Clause 93, Clause 73, Clause 94, Clauses 74 to 76, Clauses 95 to 97, Clause 77, Clause 79, Clause 98, Clause 100, Clause 85, Clause 106, Clause 78, Clause 99, Clause 80, Clause 101, Clause 81, Clause 82, Clause 102, Clause 103, Clause 83, Clause 84, Clause 104, Clause 105, Clauses 86 to 91, Clauses 107 to 112, Clause 92, Clause 113, Clause 1147 p.m.
13thClauses 115 to 126, Schedule 12, Clauses 127 to 13111.25 a.m.
14thClauses 132 to 144, Schedule 135 p.m.
15thClauses 145 to 148, Schedule 14, Clauses 149 to 151, Schedule 15, Clause 1521 p.m.
16thClauses 153 to 1707 p.m.


ORDER OF THE COMMITTEE [10TH JANUARY]

       That the Order of the Committee [11th December] relating to programming, as amended [13th and 18th December] be amended by substituting for the entries for the ninth and tenth sittings the following—

9thClauses 44 to 48, Schedule 411.20 a.m.
10thClauses 49 to 53, Schedule 5, Clauses 54 to 56, Schedule 6, Clauses 57 to 615 p.m.


ORDER OF THE COMMITTEE [17TH JANUARY]

    (1)   That the Order of the Committee [11th December] relating to programming, as amended [13th and 18th December and 10th January] be amended as follows—

       in paragraph (1), at the end there is inserted 'and on Monday 21st January at half past Four o'clock';

       in paragraph (2), '18' is omitted and '19' inserted;

       the entries for the 13th to 18th sittings are omitted and the following is inserted:

13thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13-
14thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13 (so far as not previously concluded)-
15thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13 (so far as not previously concluded)7 p.m.
16thClauses 145 to 148, Schedule 14, Clauses 149 to 151, Schedule 15, Clauses 152 to 170-
17thClauses 145 to 148, Schedule 14, Clauses 149 to 151, Schedule 15, Clauses 152 to 170 (so far as not previously concluded)10 p.m.
18thClauses 171 to 181, Schedule 16, Clause 182, Schedule 17, Clause 183, Schedule 18, Clauses 184 to 189, Schedule 11, Clauses 190 to 193, Schedule 19, Clauses 194 to 200, Schedule 20, Clauses 201 to 211, Schedule 21, Schedule 22, new Clauses, new Schedules-
19thClauses 171 to 181, Schedule 16, Clause 182, Schedule 17, Clause 183, Schedule 18, Clauses 184 to 189, Schedule 11, Clauses 190 to 193, Schedule 19, Clauses 194 to 200, Schedule 20, Clauses 201 to 211, Schedule 21, Schedule 22, new Clauses, new Schedules (so far as not previously concluded)5 p.m.

    (2)   That the Standing Committee recommends that two days be allotted for consideration and Third Reading of the Education Bill.


ORDER OF THE COMMITTEE [17TH JANUARY (No. 2)]

       That the Order of the Committee [11th December] relating to programming, as amended [13th and 18th December and 10th January and today] be amended as follows—

       in paragraph (1), the words 'and on Monday 21st January at half past Four o'clock' are omitted;

       in paragraph (2), '19' is omitted and '18' inserted;

       the entries for the 14th to 19th sittings are omitted and the following is inserted:

14thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13 (so far as not previously concluded)5.15 p.m.
15thClauses 115 to 126, Schedule 12, Clauses 127 to 144, Schedule 13 (so far as not previously concluded)-
16thClauses 145 to 148, Schedule 14, Clauses 149 to 151, Schedule 15, Clauses 152 to 170 (so far as not previously concluded)10 p.m.
17thClauses 171 to 181, Schedule 16, Clause 182, Schedule 17, Clause 183, Schedule 18, Clauses 184 to 189, Schedule 11, Clauses 190 to 193, Schedule 19, Clauses 194 to 200, Schedule 20, Clauses 201 to 211, Schedule 21, Schedule 22, new Clauses, new Schedules-
18thClauses 171 to 181, Schedule 16, Clause 182, Schedule 17, Clause 183, Schedule 18, Clause 184 to 189, Schedule 11, Clauses 190 to 193, Schedule 19, Clauses 194 to 200, Schedule 20, Clauses 201 to 211, Schedule 21, Schedule 22, new Clauses, new Schedules (so far as not previously concluded)5 p.m.


 
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Prepared 24 Jan 2002