Education Bill

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Mr. Timms: I have written to all Committee members with some further explanation on the amendments. Several previous technical amendments have not taken up much time in Committee. The amendments in this group, although it is very long, are all technical and include two provisions that are minor and consequential. I do not intend to give a lengthy explanation, although if there are any questions I shall be happy to answer them.

Amendment agreed to.

Amendments made: No. 311, in page 184, line 38, at end insert—

    'Education Act 1986 (c. 40)

    In section 1(1) of the Education Act 1986 (payment of grant) for ''either of them'' there is substituted ''that body''.'

No. 312, in page 184, line 38, at end insert—

    'Education Reform Act 1988 (c. 40)

    In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for ''to persons who would, if they were pupils at a school, be in the fourth key stage'' there is substituted ''suitable to the requirements of persons who have attained the age of fourteen years''.'

No. 313, in page 184, line 38, at end insert—

Column Number: 631

    'Tribunals and Inquiries Act 1992 (c. 53)

    In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals) for paragraphs (b) and (c) there is substituted—

    ''(b) exclusion appeal panels constituted in accordance with regulations under section 49 of the Education Act 2002;

    admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;''.'

No. 392, in page 184, line 38, at end insert—

    'Building Act 1984 (c.55)

    In section 4 of the Building Act 1984 (exemption of educational buildings from building regulations), for subsection (1)(a)(ii) there is substituted—

    ''(ii) particulars submitted and approved under regulations made under section 544 of the Education Act 1996,''.'.

No. 393, in page 184, line 38, at end insert—

    'Children Act 1989 (c.14)

    In Schedule 9A to the Children Act 1989 (child minding and day care for young children), for paragraph 4(2)(b) there is substituted—

    ''(b) he is subject to a direction under section 138 of the Education Act 2002, given on the grounds that he is unsuitable to work with children;''.'.

No. 394, in page 184, line 38, at end insert—

    'Environmental Protection Act 1990 (c.43)

    In section 98(2) of the Environmental Protection Act 1990 (definition of ''educational institution''), paragraph (c)(ii) is omitted.'

No. 424, in page 184, line 38, at end insert—

    'Education (Fees and Awards) Act 1983 (c.40)

    In section 1 of the Education (Fees and Awards) Act 1983 (fees at further and higher education institutions), subsection (6) is omitted.'

No. 314, in page 184, line 39, at end insert—

    'In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for ''to persons who would, if they were pupils at a school, be in the fourth key stage'' there is substituted ''suitable to the requirements of persons who have attained the age of fourteen years''.'

No. 395, in page 185, line 6, at end insert—

    '3A In section 26 of the Further and Higher Education Act 1992 (transfer of staff to further education corporation), subsection (9) is omitted

    3B In section 37 of the Further and Higher Education Act 1992 (net expenditure of institution about to join further education sector), the following provisions are omitted—

    (a) subsection (1)(b) and the word ''or'' immediately preceding it,

    (b) subsection (8)(a), and

    (c) subsection (9).'.

No. 396, in page 185, line 10, at end insert—

    '4A In section 43 of the Further and Higher Education Act 1992 (remuneration of employees in educational institutions), for subsection (3) there is substituted—

    ''(3) This section does not apply to remuneration determined in accordance with an order under section 118 of the Education Act 2002 (determination of school teachers' pay and conditions).''.

    4B Section 48 of the Further and Higher Education Act 1992 (transfer of institution to further education sector) shall cease to have effect.'

No. 483, in 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

Column Number: 632

    (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''.'.

No. 397, in 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.'

No. 315, in 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'.

No. 567, in page 186, line 14, at end insert—

    '(1) Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.

    (2) After subsection (1) there is inserted—

    ''(1A) A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 25 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).''

    (3) In subsection (3) for ''Subsection (1) also applies'' there is substituted ''Subsections (1) and (1A) also apply''.'.

No. 316, in 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''.'

No. 317, in page 187, line 39, after 'State' insert 'and'.

No. 318, in page 187, line 41, leave out 'voluntary school' and insert 'by the authority'.

No. 286, in 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.''.'.

No. 398, in 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.'

No. 319, in page 189, line 9, after '(4B)(a),' there is inserted—

Column Number: 633

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

    (b)'.

No. 320, in 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''.'

No. 399, in 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.'

No. 400, in 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.''.'.

No. 401, in 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),

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    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.''.'

No. 321, in page 190, line 9, at end insert—

    'In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.'

Column Number: 635

No. 402, in page 190, line 9, at end insert—

    'In section 1 of the School Standards and Framework Act 1998 (duty to set limit on infant class sizes), for ''qualified teacher'' there is substituted ''school teacher''.

    In section 4 of the School Standards and Framework Act 1998 (interpretation) for the definition of ''qualified teacher'' there is substituted—

    '' 'school teacher' means a person who is a school teacher for the purposes of section 118 of the Education Act 2002 (determination of school teachers' pay and conditions)''.'.

No. 403, in page 190, line 14, at end insert—

    '45A Section 13 of the School Standards and Framework Act 1998 (disapplication of school teachers' pay and conditions order) shall cease to have effect.'

No. 322, in page 190, line 18, at end insert—

    '46A (1) Section 16 of the School Standards and Framework Act 1998 (power of local education authority to appoint additional governors) is amended as follows

    (2) In subsection (5) for ''(despite anything in Part II of Schedule 9)'' there is substituted ''(despite anything in regulations under section 18 of the Education Act 2002)''.

    (3) In subsection (10) for ''(despite paragraph 14 of Schedule 9)'' there is substituted ''(despite anything in regulations under section 18 of the Education Act 2002)''.

    46B (1) Section 18 of the School Standards and Framework Act 1998 (power of Secretary of State to appoint additional governors) is amended as follows

    (2) In subsection (5) for ''(despite anything in Part II of Schedule 9)'' there is substituted ''(despite anything in regulations under section 18 of the Education Act 2002)''

    (3) In subsection (6)(b) for ''paragraph 14 of Schedule 9'' there is substituted ''regulations under section 18 of the Education Act 2002''.'.

No. 559, in page 190, line 38, after 'authority' insert 'in England'.—[Mr. Timms.]

 
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