Education Bill

[back to previous text]

The Chairman: Now to amendment No. 463.

Mr. Timms: Moved formally.

Mr. Brady: On a point of order, I wonder whether we might have some clarification. Amendment No. 463, which I did not move, appears also on our selection list as Government amendment No. 463, which the Minister has apparently moved formally. Can you elucidate whether the fact that I did not move it or the fact that the Minister did takes precedent?

The Chairman: There is a typing error on the selection list. Amendment No. 463 has not been moved. I hope that that clarifies the point. I now ask the Minister to move formally the rest of the Government amendments to this schedule.

Amendments made: No. 323, in page 191, line 30, leave out 'In'.

No. 324, in page 191, line 31, leave out from 'have' to 'subsection' and insert—

    'delegated budgets) is amended as follows.

    (2) In subsection (4) for ''local schools budget'' there is substituted ''LEA budget or schools budget''.

    (3) In'.

No. 325, in page 192, line 11, leave out paragraph 58 and insert—

    '58(1) Section 127 of the School Standards and Framework Act 1998 (code of practice for securing effective relationships between local education authorities and maintained schools) is amended as follows

Column Number: 636

    (2) In subsection (2), after ''maintained school'' there is inserted ''or maintained nursery school''.

    (3) In subsection (6)—

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

    ''(cc) section 16A(1),'',

    (b) paragraphs (e), (f), (h), (i) and (k) are omitted, and

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

    ''(m) regulations under section 18 of the Education Act 2002, so far as relating to the appointment of persons as local education authority governors,

    (n) regulations under section 28(3) of that Act (governors' reports),

    (o) regulations under section 30 of that Act (control of school premises),

    (p) sections 34 and 35 of that Act (staffing) and regulations under those sections, and

    (q) Schedule 2 to that Act (effect on staffing of suspension of delegated budget),'' '.

No. 326, in page 192, line 25, at end insert—

    ' ''foundation governor'', in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 18 of the Education Act 2002;'.

No. 404, in page 192, line 29, after '142(1)', insert—

    '( ) in the entry beginning ''qualified teacher'' for ''qualified teacher'' there is substituted ''school teacher''.'

No. 327, in page 192, line 29, leave out 'and' and insert—

    '( ) in the entry beginning ''foundation governor'', for ''paragraph 2 of Schedule 9'' there is substituted ''section 142(1)'',

    ( ) in the entry beginning ''individual schools budget'', for ''section 46(2)'' there is substituted ''section 45A(3)'',

    ( ) after the entry beginning ''land'' there is inserted—

    ''LEA budget (in Part 2)section 45A(1)'', and'.

No. 328, in page 192, line 31, at end insert—

    'and

    ( ) after the entry beginning ''school which has selective admission arrangements'' there is inserted—

    ''schools budget (in Part 2)section 45A(2)''.'.

No. 405, in page 194, line 10, at end insert—

    '65A In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.'

No. 406, in page 194, line 11, at end insert—

    '65B Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect.

    65C (1) Section 7 of the Protection of Children Act 1999 (effect of inclusion in lists of individuals unsuitable to work with children) is amended as follows.

    (2) In subsection (1)—

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

    (b) in paragraph (b), for ''any of those lists'' there is substituted ''that list'', and

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

    ''(c) shall ascertain whether 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; and

    (d) if he is subject to a direction under that section given on those grounds, shall not offer him employment in a child care position''.

    (3) In subsection (2)—

Column Number: 637

    (a) in paragraph (a), for ''any of the lists mentioned in subsection (1) above'' there is substituted ''the list kept under section 1 above or subject to a direction under section 138 of the Education Act 2002, given on the grounds that he is unsuitable to work with children'',

    (b) the word ''and'' immediately preceding paragraph (c) is omitted,

    (c) in paragraph (c), for ''any of those lists'' there is substituted ''the list kept under section 1 above'', and

    (d) after paragraph (c) there is inserted ''; and

    (d) if the individual was subject to a direction under section 138 of the Education Act 2002, given on the grounds that he is unsuitable to work with children, does not offer him employment in a child care position''.

    (4) Subsection (4) is omitted.

    65D In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal), for paragraph (b) there is substituted—

    ''(b) on an appeal, application for leave or review under section 139 of the Education Act 2002;''.'.

No. 407, in page 194, line 14, at end insert—

    '66A(1) Section 12 of the Protection of Children Act 1999 (interpretation) is amended as follows.

    (2) In subsection (1), the definition of ''the 1988 Act'' is omitted.

    (3) In subsection (3), for paragraph (a) there is substituted—

    ''(a) it involves work to which section 138 of the Education Act 2002 applies;''.'.

No. 329, in page 194, line 15, at end insert—

    '66A (1) Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows

    (2) In subsection (1)(a) for ''local schools budget'' there is substituted ''schools budget''.

    (3) In subsection (3) for ''Local schools budget'' there is substituted ''Schools budget''.

    66B(1) Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms by National Council for Education and Training for Wales) is amended as follows

    (2) In subsection (1)(a) for ''local schools budget'' there is substituted ''schools budget''.

    (3) In subsection (3) for ''Local schools budget'' there is substituted ''Schools budget''.'.

No. 408, in page 194, line 24, at end insert—

    'Criminal Justice and Court Services Act 2000 (c.43)

    67A (1) Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows.

    (2) For subsection (4)(b) there is substituted—

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

    (3) Subsection (5) is omitted.'.—[Mr. Timms.]

Schedule 21, as amended, agreed to.

Column Number: 638

Schedule 22

Repeals

3.45 pm

Amendments made: No. 425, in page 195, line 7, at end insert—

    'Further and Higher Education Act 1992 (c.13)

    Section 26(9). Section 48.'.

No. 426, in page 195, line 7, at end insert—

    'Education Act 1996 (c.56)

    In section 578, the reference to the School Teachers' Pay and Conditions Act 1991. In Schedule 37, paragraph 101.'.

No. 427, in page 195, line 9, at end insert—

    'School Standards and Framework Act 1998 (c.31)

    Section 13. In Schedule 30, paragraphs 24 to 28 and 44. In Schedule 32, paragraph 7.'.

No. 428, in page 195, leave out lines 23 and 24.

No. 429, in page 195, line 24, at end insert—

    'Local Government Act 1974 (c.7)

    Section 25(5)(b).'.

No. 430, in page 195, line 27, at end insert—

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

    Section 1(6).'.

No. 431, in page 195, line 28, column 2, at end insert 'and the word ''and'' immediately preceding it'.

No. 432, in page 196, line 9, at end insert—

    'Environmental Protection Act 1990 (c.43)

    Section 9(2)(c)(ii).'.

No. 433, in page 196, line 11, column 2, at end insert—

    'In section 37, subsection (1)(b) and the word ''or'' immediately preceding it and subsections (8)(a) and (9).'.

No. 570, in page 196, line 14, column 2, leave out 'and 47' and insert ', 47, 49 and 90'.

No. 435, in page 196, line 18, column 2, at end insert—

    'In section 14, subsections (1), (3) and (4). In Schedule 2, paragraph 8(4).'.

No. 436, in page 196, column 2, leave out lines 22 to 24 and insert—

    'The whole Act so far as unrepealed'.

No. 437, in page 197, line 7, column 2, at end insert—

    'In section 545(2)(a), the words ''or section 218(7) of the Education Reform Act 1988''.'.

No. 438, in page 197, line 14, column 2, at end insert—

    'In section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant-Maintained Schools Act 1996.'.

No. 439, in page 197, line 27, after 'it,', insert 'paragraph 76,'.

Column Number: 639

No. 440, in page 197, line 31, column 2, leave out '5(3)' and insert '6(3)'.

No. 441, in page 197, line 52, column 2, at end insert—

    'Section 23(4). Section 29(4).'

No. 442, in page 197, line 52, column 2, at end insert—

    'Section 49.'.

No. 568, in page 197, line 53, column 2, leave out '27, 28, 36 and 56' and insert '9(3), 14, 27, 28 and 36'.

No. 444, in page 197, line 53, at end insert—

    'Police Act 1997 (c.50)

    In section 113— in subsection (3A), paragraph (a)(ii) and (iii), and (b) in subsection (3B), paragraph (c) and the words from ''and the reference'' to the end. Section 115(6A)(a)(ii) and (iii).'.

No. 445, in page 198, line 2, column 2, leave out 'Section 3(3)(c)' and insert—

    'Section 1(8). In section 3— the words ''within the meaning of section 218(2) of the Education Reform Act 1988'', and subsection (3)(c). Section 10. Section 11. Section 13. Section 18. In Schedule 2, paragraph 1(5). In Schedule 3, paragraph 5.'.

No. 446, in page 198, line 4, column 2, at end insert—

    'Section 7(10).'

No. 447, in page 198, line 7, column 2, at end insert 'Section 16(4) and (13).'

No. 414, in page 198, line 10, column 2, at end insert—

    'In section 33(1), the word ''and'' at the end of paragraph (b)'.

No. 448, in page 198, line 23, column 2, at end insert 'Section 115.'

No. 449, in page 198, line 32, column 2, leave out '127(6)(f) and (k)' and insert '127(6)(e), (f), (h), (i) and (k)'.

No. 450, in page 198, line 33, column 2, at end insert—

    '( ) in subsection (2)(b), the words ''paragraph 3(5) or 4 of Schedule 10'','.

No. 558, in page 198, line 36, column 2, leave out from 'subsection' to end of line 37 and insert—

    '(5), paragraph (a)(ii) and (iii) and, in paragraph (b)(ii), the word ''46''.'.

No. 452, in page 198, line 38, column 2, leave out 'entry relating to the' and insert—

    'entries relating to local schools budget and'.

Column Number: 640

No. 453, in page 198, line 53, column 2, after '26,' insert—

    'in paragraph 1, sub-paragraph (1)(c) and the word ''or'' preceding it, and.'

No. 454, in page 198, line 54, column 2, at end insert 'and Part 2'.

No. 455, in page 198, line 55, column 2, at end insert—

    'paragraph 3(3), paragraph 14, paragraph 17, paragraph 47(a),'.

No. 456, in page 199, line 7, column 2, at end insert 'paragraph 204(b)'.

No. 457, in page 199, line 8, column 2, at beginning insert—

    'Section 5. In section 7— subsection (1)(a)(ii) and (iii), the word ''and'' immediately preceding subsection (2)(c), and subsection (4).'.

No. 458, in page 199, line 9, column 2, at end insert—

    'In section 12(2), the definition of ''the 1988 Act''.'.

No. 459, in page 199, line 11, at end insert—

    'Immigration and Asylum Act 1999 (c.33)

    In Schedule 14, paragraph 117.'

No. 461, in page 199, line 19, column 2, after '26,' insert '30,'.

No. 460, in page 199, line 19, column 2, after 'paragraphs', insert '18,'.

No. 462, in page 199, line 21, at end insert—

    'Criminal Justice and Court Services Act 2000 (c.43)

    Section 35(5). In Schedule 7, paragraph 83.'.—[Mr. Timms.]

Schedule 22, as amended, agreed to.

 
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