Clause 36
Education and Inspections Bill
4:00 pm

Photo of Christopher Chope

Christopher Chope (Christchurch, Conservative)

I remind the Committee that with this we are discussing the following: AmendmentNo. 209, in clause 36, page 26, line 7, at end insert ‘or an academy'.

Amendment No. 230, in clause 36, page 26, line 7, at end insert

‘, academy, city technology college or city college for the technology of the arts.'.

Amendment No. 210, in clause 36, page 26, line 8, leave out from ‘ability' to end of line 11 and insert

‘or aptitude unless selection is for the purpose of section 101 (permitted selection: pupil banding) of SSFA 1998.'.

Amendment No. 367, in clause 36, page 26, line 11, at end insert

‘, or

(c) the school is a comprehensive with a grammar stream.'.

Amendment No. 442, in clause 36, page 26, line 11, at end insert—

‘(1A) The admission authority for each secondary school, in exercising their functions, shall—

(a) have regard to the general principle that secondary education is to be provided in comprehensive schools, and

(b) determine that arrangements for the admission of pupils for compulsory education is not based on any test of ability or aptitude,

except where the admission arrangements have been determined under section 101 of SSFA (pupil banding) or regulations made under section [Retention of selection by ability or aptitude after parent ballot].'.

Amendment No. 368, in clause 36, page 26, line 13, leave out ‘or any'.

Amendment No. 45, in clause 36, page 26, line 28, at end insert

‘and

(c) in subsection (4), after paragraph (b) insert—

“(c) any selection of 10 per cent of pupils by aptitude in a subject that is a compulsory target-setting subject for the purposes of the specialist schools programme.”.'.

Clause stand part.

New clause 8—Freedom of Selection—

‘(1) A maintained school shall have complete freedom to select pupils by academic or other ability at its absolute discretion.

(2) Sections 99 to 103 of SSFA 1998 shall cease to have effect.'.

New clause 51—Retention of selection by ability or aptitude after parental ballot—

‘(1) The Secretary of State must, after consultation, by regulations, make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitional, transitory or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to subsection (2).

(2) Regulations under subsection (1) must, in particular, make provision to—

(a) amend or repeal Part 3, Chapter 2 (selection of pupils) of SSFA 1998 to provide for the legislation to be consistent with the general principle that there must be a ballot of parents of pupils attending local primary schools if any secondary school is to continue to select pupils by ability or aptitude after the school year starting on or after 1st August 2011, and

(b) amend or revoke any subordinate legislation (within the meaning of the Interpretation Act 1978) made before the passing of this Act necessary to achieve the principle set out above.

(3) Nothing in this Act is to be regarded as limiting the generality of subsection (1).'.

Amendment No. 443, in clause 158, page 108,line 12, at end insert—

‘(aa) regulations under section [Retention of selection by ability or aptitude after parent ballot],'.

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