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Education and Inspections Bill

With this it will be convenient to discuss the following: New clause 39—Retention of selection by ability or aptitude after parent ballot—"‘(1) ‘The Secretary of State shall by regulations make such provision as he considers necessary or expedient which may include the repeal, amendment or revocation of any legislation enacted prior to the coming into effect of this Act, for the purposes of giving full effect to the principle set out in subsection (2).""(2) The principle referred to in subsection (1) is that no admission arrangements for any school providing secondary education may, following the commencement of a school year on or after 1st August 2010, continue to make provision for the selection of pupils by ability or aptitude other than under section 101 of SSFA 1998 (permitted selection: pupil banding) unless the continuation of such selection has been approved in a ballot of parents of pupils attending primary schools from which such pupils may by choice of their parents transfer.'." New clause 40—Independent body to review admission arrangements for secondary education—"‘(1) The Secretary of State shall, not later than six months after the passing of this Act, appoint an independent body to review the arrangements in England relating to the admission of pupils for secondary education in Part 3, Chapter 2 of SSFA 1998 and section 36 of this Act.""(2) The Secretary of State shall invite representatives of—""to make submissions to the body established under subsection (1); and the report of that body shall be laid before each House of Parliament not later than 1st April 2008.""(3) The Secretary of State, at the request of the independent body , may commision research into the admission of pupils for secondary education and related matters.'." New clause 41—Secretary of State to implement independent review body report—"‘(1) Following the receipt by him of a report of the body established under section [Independent body to review admission arrangements for secondary education], the Secretary of State shall enter into consultations with such bodies as he considers appropriate on proposals to give effect to the recommendations of that body by a date no later than 1st September 2008.""(2) Following such consultations as are mentioned in subsection (1) the Secretary of State may by regulations make such provision as he considers necessary or expedient, which provision may include the repeal, amendment or revocation of any legislation enacted prior to the coming into effect of this Act so as to give effect to proposals whether or not recommended by the body established under section [Independent body to review admission arrangements for secondary education] for the reform of the arrangements for admission to secondary schools in England.'." New clause 42—Definition and use of oversubscription criteria—"‘The requirements referred to in section 84(2) of SSFA 1998 shall include references to the following categories of pupils and these categories shall be taken as the criteria to be applied in the event of oversubscription in the order as set out below—" New clause 43—Restriction on oversubscription criteria in code for school admissions—"‘The requirements referred to in section 84(2) of SSFA 1998 shall exclude the following from the criteria to be applied in the event of oversubscription—" New clause 45—Admissions report by local education authority—"‘After section 85B of SSFA 1998 insert—""(1) A local education authority shall once in every school year make a report to the admission forum containing the following information—""(2) The opinion of the local education authority shall be included in the report as to—" New clause 46—Administration of pupil admissions—"‘(1) Chapter 1 of Part 3 of SSFA (admission arrangements) is amended as follows.""(2) In section 88 (admission authorities and admission arrangements), in subsection (2) after ““means the”” leave out ““arrangements”” and insert ““criteria””.""(3) In section 89B (co-ordination of admissions arrangements)—""(4) Leave out section 89C.'." New clause 47—Academy admission arrangements—"‘In subsection (4) of section 482 (Academies) of the Education Act 1996, insert after sub-paragraph (a)—" New clause 51—Parliamentary control of code for schools admissions—"‘(1) Section 85 of SSFA 1998 (making and approval of code of practice) is amended as follows.""(2) For subsections (4) and (5) substitute—""““(4) If, within the 40-day period, each House resolves to approve the draft, the Secretary of State shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Secretary of State may by order appoint.""(5) If no such resolution is made within the 40-day period, the Secretary of State shall take no further steps in relation to the proposed code.””.'." New clause 70—Admission of children of staff—"‘Any child of staff currently serving at a maintained school shall be eligible for preferential admission at the discretion of the school governors.'." New clause 75—Admission of excluded pupils—"‘(1) A local education authority may direct any school in the authority's area to admit a pupil who has been excluded from any other such school.""(2) Before making a direction under subsection (1) the local education authority must—""(3) In this section ““school”” means—" Amendment No. 119, in page 26, line 8 [Clause 36], leave out from ‘ability' to end of line 11. Amendment No. 120, in page 26 [Clause 36], leave out line 21. Amendment No. 121, in page 26, line 25 [Clause 36], leave out from ‘omit' to end of line 28 and insert ‘subsections (1) and (2).'. Amendment No. 112, in page 26, line 28 [Clause 36], at end insert—"‘(5) In section 100(1) of SSFA 1998—" Amendment No. 103, in page 26, line 29, leave out clause 37. Amendment No. 93, in page 26, line 38 [Clause 37], after ‘requirements,', insert"‘including requirements as to the criteria to be used in the event that an admissions authority receives more applications than they have places to offer (““oversubscription””),'." Amendment No. 104, in page 26 [Clause 37], leave out line 40. Amendment No. 94, in page 27, line 29 [Clause 38], leave out from ‘England' to end of line 31 and insert"‘shall consider the report published by the local education authority under section 85C (admissions report by local education authority) and prepare and publish its response to this report, which may include rejection, as may be prescribed.'." Amendment No. 87, in page 27, line 43 [Clause 38], at end insert—"‘(1D) An admission forum for the area of a local education authority in England shall prepare and publish annual reports to the Schools Commissioner on such matters connected with the admission of pupils to maintained schools in that area as may be prescribed.'." Amendment No. 95, in page 29, line 28 [Clause 41], leave out ‘89C' and insert ‘89B'. Government amendments Nos. 48 to 55. Amendment No. 110, in page 37, line 18, leave out clause 48. Amendment No. 122, in page 117, line 9 [Clause 171], at end insert—"‘(2A) Section 36 comes into force on 1st September 2008.'."