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Baroness Blackstone moved Amendments Nos. 200 and 201:


Page 102, line 7, after (" 11(5),") insert (" 20(4A),").
Page 102, line 19, at end insert--
("( ) section 1(3A),").

On Question, amendments agreed to.

Clause 139 [General interpretation]:

Baroness Blackstone moved Amendment No. 202:


Page 105, line 30, after ("16(6)") insert ("or (8)").

On Question, amendment agreed to.

Clause 140 [Index]:

Baroness Blackstone moved Amendments Nos. 203 to 206:


Page 106, line 28, column 1, leave out ("aggregated") and insert ("individual").
Page 106, line 32, column 1, at end insert ("(except in Part I of Schedule 32)").
Page 107, line 19, column 1, leave out ("general") and insert ("local").
Page 107, line 27, at end insert--
("land or other property held on trust, or by trustees, for the purposes of a school section 21(3)(c)")

On Question, amendments agreed to.

Clause 142 [Short title, commencement and extent]:

Baroness Blackstone moved Amendments Nos. 207 to 209E:


Page 110, line 43, leave out ("(other than subsections (9) and (10))").
Page 111, line 2, at end insert--
("section (Transfer of assisted places);").
Page 111, line 3, leave out ("139") and insert (" 138").
Page 111, line 5, after ("11;") insert--
("paragraph 201A of Schedule 30 (and section 137(1) so far as relating thereto);").
Page 111, line 7, leave out subsection (5).
Page 111, line 19, leave out ("subsection (8)") and insert ("subsections (7A) and (8)").
Page 111, line 19, at end insert--
("(7A) Section (Transfer of assisted places)(2) extends to Scotland only; and this section extends also to Scotland.").
Page 111, line 20, after ("or") insert ("(subject to subsection (9))").
Page 111, line 22, at end insert (", and section 137 extends accordingly.").
Page 111, line 22, at end insert--
("(9) The entry in Schedule 31 relating to the Education (Scotland) Act 1980 extends to Scotland only.").

On Question, amendments agreed to.

7 Jul 1998 : Column 1218

Schedule 30 [Minor and consequential amendments]:

Baroness Blackstone moved Amendments Nos. 210 to 219:


Page 240, line 22, at end insert--

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

. The Further and Higher Education Act 1992 shall be amended as follows.
. In section 5(4) (administration of funds by councils), for "grant-maintained school" substitute "maintained school".
. In section 21 (initial instruments and articles)--
(a) in subsection (1), omit--
(i) paragraph (a), and
(ii) "(b) in any other case,";
(b) in subsection (2), omit--
(i) "orders and",
(ii) in paragraph (a), "grant-maintained school or other", and
(iii) in paragraph (b), "grant-maintained schools or other"; and
(c) in subsection (3), for the words from "a grant-maintained" to "earlier enactment)" substitute "a maintained school, the governing body incorporated under Chapter III of Part II of the School Standards and Framework Act 1998".
. For section 25 substitute--
"Transfer of property, etc from foundation bodies.
25.--(1) This section applies where a further education corporation is established to conduct an institution which, on the date the corporation is established, is a foundation or voluntary school belonging to the group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998.
(2) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transfer, in any such case, of property, rights and liabilities from the foundation body to the further education corporation.
(3) Regulations under subsection (2) may, in relation to any such transfer of property, rights or liabilities--
(a) modify any provision made by or under any of sections 23, 24, 36 and 38 of this Act and Schedule 5 to this Act;
(b) apply any such provision with or without modifications;
(c) make provision corresponding or similar to any such provision.
(4) In this section "foundation body" and "group of schools" have the same meaning as in the School Standards and Framework Act 1998."
. In section 26 (transfer of staff to further education corporation)--
(a) in subsection (1), omit "or was a grant-maintained school"; and
(b) in subsection (6)--
(i) for "that authority" substitute "references to that authority, and", and
(ii) for paragraphs (b) and substitute--
"(b) in relation to a corporation established to conduct an institution which, on that date, was a foundation or voluntary aided school, references to the governing body of that school."
. In section 28(2)(a) (designation of institutions as eligible for funds) after "school" insert "(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)".

7 Jul 1998 : Column 1219


. In section 32 (transfer of property, etc., to designated institutions), after subsection (2) insert--
"(2A) In the case of an institution which when designated was a voluntary aided school, on the designation date--
(a) all land and other property which, immediately before that date, was property of the governing body of the school incorporated under Chapter III of Part II of the School Standards and Framework Act 1998, and
(b) all rights and liabilities of that body subsisting immediately before that date,
shall be transferred to and, by virtue of this Act, vest in the governing body of the designated institution; and the governing body of the school shall be dissolved on that date."
. In section 37 (attribution of surpluses and deficits)--
(a) in subsection (1), for "section 103 of the Education Act 1996 (schemes for financing schools)" substitute "section 48 of the School Standards and Framework Act 1998 (LEAs' financial schemes)"; and
(b) in subsection (7), in the definition of "budget share", for "Part II of the Education Act 1996" substitute "Part II of the School Standards and Framework Act 1998".
. In section 44(1) (collective worship)--
(a) for the words from "was a" to the end substitute "was--
(a) (within the meaning of the Education Act 1996) a voluntary school, or
(b) (within the meaning of the School Standards and Framework Act 1998) a foundation or voluntary school having a foundation established otherwise than under that Act."
. In section 45(1) (religious education) for the words from "means" to the end substitute "has the same meaning as in section 44."
. In section 47(2) (transfer of higher education institutions to further education sector) for the words from "any provision" to the end substitute "provision as to the initial name of the corporation as a further education corporation."
. In section 48 (statutory conditions of employment)--
(a) in subsection (1)(a) for "voluntary or grant-maintained" substitute "foundation or voluntary aided", and
(b) in subsection (2)(a) for "voluntary or grant-maintained" substitute "foundation or voluntary aided".
. In section 58(3) (reorganisations of schools involving establishment of further education corporation), for paragraph (b) substitute--
"(b) a prescribed alteration within the meaning of section 27 of the School Standards and Framework Act 1998 has been made to the school,".
. In section 90 (interpretation)--
(a) after subsection (3) insert--
"(3A) In this Act references to a voluntary aided school are--
(a) in relation to any time before the appointed day within the meaning of the School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or
(b) in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act."; and.
(b) in subsection (5), at end insert "and section 137(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned." ").

7 Jul 1998 : Column 1220


Page 240, line 36, leave out from ("subsection") to ("subsection") in line 37 and insert ("(5A) (inserted by Schedule 3 to the Teaching and Higher Education Act 1998) insert--
"(5B) In addition, in").
Page 240, line 39, leave out ("any school to which section 21(9)(a) or (b)") and insert ("any body to which section (Charitable status of maintained schools, etc.)(1)(a) or (b)").
Page 240, line 44, leave out (" 21(11)") and insert ("(Charitable status of maintained schools, etc.)(3)").
Page 240, line 46, leave out (" 21(11)") and insert ("(Charitable status of maintained schools, etc.)(3)").
Page 243, line 5, after ("for") insert (""maintained or").
Page 243, line 6, leave out (""community or foundation special") and insert (""maintained").
Page 251, line 21, at end insert--
(" . Omit sections 500 to 505 (rationalisation of school places).").
Page 251, line 33, at end insert--
(" . In section 510 (provision of clothing)--
(a) in subsection (1)(a) and (c), omit "or at a grant-maintained school" wherever occurring;
(b) in subsection (3)(a), omit "or a grant-maintained school";
(c) in subsection (4)(a), omit ", at a grant-maintained school"; and
(d) in subsection (5)(a), omit "grant-maintained school or".").
Page 252, line 16, at end insert--
(" . In section 525 (offence of neglecting the cleanliness of a pupil), in subsection (3), omit "or a grant-maintained school".").

On Question, amendments agreed to.

[Amendments Nos. 220 and 221 not moved.]


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