---

Education and Inspections Bill

No. The 20 per cent. limit is right—but my hon. Friend has reminded me of another issue. A Labour-controlled local authority in Yorkshire—I will not name it in case that would embarrass him, although I doubt whether it would—is keen to introduce trusts as part of the building schools for the future programme. Indeed, the representatives of that authority came to visit me only this week. Insisting that there must be a ballot on every occasion when a school changes to trust status would breach another democratic principle, which my hon. Friend has helpfully reminded me of—that elected local authorities have a role to play. Many local authorities throughout the country will want to take advantage of these provisions. Let us not get this issue out of proportion. We are not countering the argument advanced by some of my hon. Friends that there must be ballots in all circumstances with the argument that there can never be ballots. We say that it is a matter for the local governing body to decide, and for parents themselves to decide as part of that process. It is up to the local authority to decide whether the consultation process was good. Arguing that there has to be a ballot in every circumstance and on every occasion, irrespective of the background, is not a sensible proposition. Question put and agreed to. Clause read a Second time, and added to the Bill."‘(1) A proposal for a prescribed alteration involving a change of category from community school to foundation school may be implemented only if the proposal has been approved by a ballot of parents of pupils attending the school to which the proposal relates.""(2) The Secretary of State may make regulations about ballots under subsection (1).'. —[Mr. Grogan.]""Brought up, and read the First time.""Motion made, and Question put, That the clause be read a Second time:—""‘(1) A person to whom this section applies shall ensure that their functions relating to maintained schools are (so far as they are capable of being exercised) exercised with a view to encouraging all maintained schools to become self-governing, and to acquire a foundation.""(2) In this section ““self-governing”” in relation to a maintained school means a foundation, voluntary aided or foundation special school, or an Academy.""(3) This section applies to—" Brought up, and read the First time. Motion made, and Question put, That the clause be read a Second time:— Amendment made: No. 42, in page 7, line 18, leave out"‘with the consent of the Secretary of State'" and insert"‘if section (Proposals under section 7 relating to community or community special schools) permits them to do so'. —[Huw Irranca-Davies.]" Amendments made: No. 43, in page 21, line 39, leave out ‘and'. No. 44, in page 21, line 40, at end insert"‘ and" No. 45, in page 21, line 40, at end insert—"‘(2A) The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.'." No. 46, in page 22, leave out lines 9 to 14 and insert—"‘(5) Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.'." No. 47, in page 22, line 23, at end insert—"‘ ““purpose”” includes object'. —[Huw Irranca-Davies.]" Amendments made: No. 70, in page 121, line 38, leave out ‘local education' and insert ‘relevant'. No. 84, in page 124, line 39, leave out ‘local education' and insert ‘relevant'. No. 85, in page 124, line 43, leave out ‘local education' and insert ‘relevant'. No. 86, in page 125, line 18, leave out ‘a local education' and insert ‘the relevant'. No. 71, in page 125, line 24, leave out ‘local education' and insert ‘relevant'. No. 72, in page 125, line 26, leave out ‘local education' and insert ‘relevant'. No. 73, in page 127, line 38, after ‘8' insert"‘and not referred to the adjudicator'." No. 74, in page 128, line 24, after ‘proposals' insert ‘under section 14'. No. 75, in page 128, line 32, leave out ‘a local education' and insert ‘the relevant'.—[Huw Irranca-Davies.]"‘(1) Part 10 of EA 2002 (independent schools) is amended as follows.""(2) After section 168 insert—""No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.""(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—""he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.""(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.""(1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought ""in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.""(2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.""(3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.""(4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.""(5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.””""(3) In section 159 (unregistered schools), omit subsection (3).""(4) Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.'. —[Phil Hope.]" Brought up, and read the First time.