Schedule 3
Education and Inspections Bill
Public Bill Committees, 27 April 2006, 2:15 pm
Jacqui Smith (Minister of State (Schools and 14-19 Learners), Department for Education and Skills; Redditch, Labour)
I beg to move amendment No. 279, in schedule 3, page 124, line 35, leave out from ‘investigation)' to end of line 36 and insert ‘in subsection (5)—
(a) omit paragraph (a) (which relates to school organisation committees), and
(b) in paragraph (c), for “that Act” substitute “the School Standards and Framework Act 1998”.'
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss Government amendments Nos. 128, 280, 129 to 141, 104, 105 and 142 to 148.
John Hayes (Shadow Minister (Vocational Education), Education; South Holland & The Deepings, Conservative)
On a point of order, Mr. Cook. There is some talk of extending the hours of our sittings, Mr. Cook. In order to continue our discussions in a more agreeable way, there may be some advantage in us offering sojourn to places of refreshment if we are going to continue late into the night. You and Mr. Chope may wish to consider that and give us the opportunity to choose whether we go to Fortnum’s, the Savoy or somewhere else, where we can continue our discussions more convivially. That may be something you want to consider when you have had a chance to discuss it with other Committee members.
Frank Cook (Stockton North, Labour)
That is an interesting point of order, Mr. Hayes, if you are offering to be the host. I see that the Minister has taken some advice from the hon. Member for Mid-Bedfordshire.
Sarah Teather (Shadow Secretary of State for Education and Skills, Education & Skills; Brent East, Liberal Democrat)
On a point of order, Mr. Cook. We appear now to be racing through the clauses, which is welcome. However, looking ahead, I realise that later this afternoon we shall probably reach the clauses relating to admissions. The Government promised to circulate the draft code relating to that at some point, but have not done so. Will you encourage the Government to do that, so that we may consider the code when we get to the relevant point?
Frank Cook (Stockton North, Labour)
I am sure that the ministerial team will have heard that point and will take it to heart and do their utmost to deliver in a timely fashion.
Jacqui Smith (Minister of State (Schools and 14-19 Learners), Department for Education and Skills; Redditch, Labour)
Further to that point of order, Mr. Cook. I reassure Committee members that the code to which the hon. Lady referred is at the moment winging its way to them. With respect to the point of order made by the hon. Member for South Holland and The Deepings, given that he raised it, it should probably be me who treats him to tea at the Savoy or anywhere else he might like.
John Hayes (Shadow Minister (Vocational Education), Education; South Holland & The Deepings, Conservative)
High tea for a high Tory.
Jacqui Smith (Minister of State (Schools and 14-19 Learners), Department for Education and Skills; Redditch, Labour)
Indeed, and it would be extremely well deserved.
The amendments are consequential to the new arrangements for small organisation mechanisms proposed in part 2 of the Bill. I assure hon. Members that they are technical. They do not contain much policy meat for Committee members to get their teeth into; they simply dot the i’s and cross the t’s to ensure that previous legislation is updated as necessary. Therefore, I do not propose to take up too much of the Committee’s time by going through the minutiae of the entire group, because we have discussed the policies during debate on the relevant clauses.
The new framework has been developed to take account of local authorities’ strategic role and to secure the creation of a more diverse and dynamic system. The existing legislation needs to be amended to take account of the new provisions for the establishment, closure or alteration of schools.
Most of the provisions will apply to England only. Therefore, references to changes to school organisation in Wales, for example, should continue to use existing provisions. Amendment No. 128 will update the Diocesan Boards of Education Measure 1991 to say that consent from the board is required for prescribed alterations to a school in England when they are made under the new provisions in the Bill. For schools in Wales, however, consent will continue to be required for changes made under the School Standards and Framework Act 1998.
Amendment No. 131 makes a similar distinction between different arrangements in England and Wales in a section of the School Standards and Framework Act 1998, and amendment No. 129 is a straightforward update of the Education Act 1996. Sections of that Act relating to the power to accept property on trust for educational purposes will reflect that community schools will now be established under the new arrangements in the Bill; however, we have amended it as well so that if a local authority receives a gift of property, the same provisions will apply for the establishment of a community, special or nursery school.
Amendments Nos. 134 and 138 to 141 will make similar updating amendments to the School Standards and Framework Act 1998 so that it refers to the new provisions to make alterations to schools rather than the previous provisions. Amendment No. 135 will amend provisions in the School Standards and Framework Act 1998 that set out an authority’s duty to maintain certain schools. The duty will be subject to any statutory provisions authorising the discontinuance of any such school. Currently, the duty is subject to a school’s authorisation for transfer to another authority or discontinuation under the School Standards and Framework Act provision.
Amendment No. 137 is essentially a tidying amendment that will remove redundant legislation from the School Standards and Framework Act, which originally allowed for the establishment of school organisation committees and adjudicators in Wales. No such committees or adjudicators have been established, as in Wales such decisions are referred to the relevant Minister. Now that we are removing school organisation committees in England, it seems sensible to repeal that part of the 1998 Act. Amendment No. 279 is another consequential amendment, this time to the Local Government Act 1974 to remove references to school organisation committees.
Finally, amendments Nos. 142 to 148 all make minor technical changes to the school organisation repeal set out in schedule 18 of the Bill. Amendments Nos. 130, 132, 133, 136, 280, 104 and 105 are purely technical amendments to correct the current drafting of the Bill. Having been given a flavour of the amendments, I hope that hon. Members will feel able to support them.
3A In section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of Board is required) in subsection (1)—
(a) for paragraphs (a) and (b) substitute—
“(a) publishing proposals for any prescribed alteration to the school—
(i) in the case of a school in England, under section 18(3) of the Education and Inspections Act 2006 (“the 2006 Act”), or
(ii) in the case of a school in Wales, under section 28(2)(b) of the School Standards and Framework Act 1998 (“the 1998 Act”)
(b) publishing proposals for the discontinuance of the school—
(i) in the case of a school in England, under section 14(2) of the 2006 Act, or
(ii) in the case of a school in Wales, under section 29(2) of the 1998 Act;”,
(b) in paragraphs (c) and (cc) for “that Act” substitute “the 1998 Act”, and
(c) for paragraph (d) substitute—
“(d) in the case of a school in Wales, publishing proposals for changing the category of the school under paragraph 2 or 3 of Schedule 8 to the 1998 Act; or”.
3B (1) Section 7 of the Diocesan Boards of Education Measure 1991 (powers of Board to give directions to governing bodies of voluntary aided church schools) is amended as follows.
(2) In subsection (1) for paragraphs (a) to (c) substitute—
“(a) the making of any prescribed alteration to the school—
(i) in the case of a school in England, under Part 2 of the Education and Inspections Act 2006 (“the 2006 Act”), or
(ii) in the case of a school in Wales, under Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (“the 1998 Act”), or
(b) the discontinuance of the school—
(i) in the case of a school in England, under Part 2 of the 2006 Act or section 30 of the 1998 Act, or
(ii) in the case of a school in Wales, under Chapter 2 of Part 2 of the 1998 Act, or
(c) in the case of a school in Wales, changing the school's category in accordance with paragraph 2 or 3 of Schedule 8 to the 1998 Act,”.
(3) In subsection (1A), for “under paragraph 2 or 3 of Schedule 8 to that Act” substitute “under section 18(3) of the 2006 Act or paragraph 2 or 3 of Schedule 8 to the 1998 Act”.
(4) In subsection (3)—
(a) in paragraph (a), for “under section 28(2)(b) of the School Standards and Framework Act 1998” substitute “under section 18(3) of the 2006 Act or section 28(2)(b) of the 1998 Act”,
(b) in paragraph (b)—
(i) at the beginning insert “in the case of a school in Wales”, and
(ii) for “that Act” substitute “the 1998 Act”, and
(c) for “the provisions of that Act” substitute “the provisions of the 1998 Act and the 2006 Act”.'.
No. 280, in schedule 3, page 126, line 3, leave out ‘(8)(a)' and insert ‘(8)(c)'.
No. 129, in schedule 3, page 126, line 15, at end insert—
7A (1) Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows.
(2) After subsection (1) insert—
“(1A) Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 9 and 10 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.”
(3) In subsection (2)—
(a) after “local education authority” insert “in Wales”,
(b) omit “(other than a nursery school or special school)”, and
(c) for the words from “the purposes of” to the end substitute “for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly”.
(4) In subsection (3)—
(a) after “subsection” insert “(1A) or”, and
(b) at the end insert “, a community special school or a maintained nursery school.”.'.
No. 130, in schedule 3, page 126, line 16, leave out from beginning to second “in” and insert—
‘(1) Section 530 of EA 1996 (compulsory purchase of land) is amended as follows.'.
No. 131, in schedule 3, page 126, line 19, at end insert—
‘(3) In subsection (3), for the words from “borne by them” to the end substitute “borne by them—
(a) in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 22 of the Education and Inspections Act 2006 (implementation of proposals under section 18 of that Act) which by virtue of subsection (7) of section 22 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or
(b) in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).”.'.
No. 132, in schedule 3, page 126, line 29, after ‘20' insert ‘of SSFA 1998'.
No. 133, in schedule 3, page 126, line 38, after ‘21' insert ‘of SSFA 1998'.
No. 134, in schedule 3, page 127, line 6, after ‘Wales”' insert—
‘(ba) in paragraph (h), after “his consent” insert “or to the disposal of which paragraph A9 of Schedule 22 would apply”,'.
No. 135, in schedule 3, page 127, line 7, at end insert—
‘11A In section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute—
“(2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.”.'.
No. 136, in schedule 3, page 127, line 8, after ‘25' insert ‘of SSFA 1998'.
No. 137, in schedule 3, page 127, line 10, leave out paragraph 13 and insert—
‘13 Omit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).'
No. 138, in schedule 3, page 129, line 24, at end insert—
‘22A (1) Section 79 of SSFA 1998 (stamp duty) is amended as follows.
(2) In subsection (1)—
(a) omit the word “or” at the end of paragraph (b), and
(b) at the end of paragraph (c) insert “or
(d) any regulations made under section 22 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section.”.
(3) In subsection (3), for “subsection (1)” substitute “subsection (1)(a) to (c)”.'.
No. 139, in schedule 3, page 129, line 24, at end insert—
‘22B (1) Section 109 of SSFA 1998 (proposals by governing body of grammar school to end selective admission arrangements) is amended as follows.
(2) In subsection (2)—
(a) for “for the purposes of section 28” substitute “under section 17 of the 2006 Act”, and
(b) for “that section” substitute “section 18 of the 2006 Act”.
(3) In subsection (3)—
(a) in paragraph (a), for “section 28 or Schedule 6” substitute “sections 18 to 22 of the 2006 Act or regulations under those sections”, and
(b) in paragraph (b), for “section 28” substitute “section 18 of the 2006 Act”.
(4) In subsection (4)—
(a) for “section 28” substitute “section 18 of the 2006 Act”, and
(b) for “paragraph 5 or 10 of Schedule 6” substitute “regulations under section 22 of that Act”.
(5) After subsection (5) insert—
“(6) In this section “the 2006 Act” means the Education and Inspections Act 2006.”.'.
No. 140, in schedule 3, page 129, line 27, at end insert—
‘23A In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) in paragraph 2(2) for paragraph (a) substitute—
“(a) apply in relation to the provision of any site or buildings which—
(i) in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 22 of that Act (implementation of proposals for alteration of school), or
(ii) in the case of a school in Wales, the authority or promoters are required to provide by virtue of Part 3 of Schedule 6 (provision of premises in connection with statutory proposals); or”.'.
No. 141, in schedule 3, page 133, line 46, at end insert—
‘39A In Schedule 1 to EA 2002 (incorporation and powers of governing body), in paragraph 5 (dissolution of governing body) for sub-paragraph (2) substitute—
“(2) In this paragraph “the discontinuance date” means—
(a) in relation to a school in England, whichever of the following is relevant—
(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000,
(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or
(iii) the date specified in a direction given under section 16(1) or 55(1) of the Education and Inspections Act 2006;
(b) in relation to a school in Wales, whichever of the following is relevant—
(i) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,
(ii) the date on which the school is discontinued under section 30 of the 1998 Act, or
(iii) the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act.”.'.—[Jacqui Smith.]