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Education and Inspections Bill

moved Amendments Nos. 136 to 140: After Clause 161, insert the following new clause- ““CONSULTATION WITH YOUNG PUPILS In section 176 of EA 2002 (consultation with pupils), in subsection (3)- (a) in the definition of ““maintained school””, for ““or a community or foundation special school”” substitute ““, a community or foundation special school or a maintained nursery school””, and (b) omit the definition of ““pupil”” (which excludes children who are being provided with nursery education).”” After Clause 162, insert the following new clause- ““PROHIBITION ON PARTICIPATION IN MANAGEMENT OF INDEPENDENT SCHOOL After section 167 of EA 2002 insert- ““Prohibition on participation in management of independent schools 167A PROHIBITION ON PARTICIPATION IN MANAGEMENT OF INDEPENDENT SCHOOLS (1) The appropriate authority may direct that a person- (a) may not take part in the management of an independent school; (b) may take part in the management of an independent school only in circumstances specified in the direction; (c) may take part in the management of an independent school only if conditions specified in the direction are satisfied. (2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school. (3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions). (4) The appropriate authority may vary or revoke a direction under this section in prescribed cases. (5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4). (6) In this section and sections 167B to 167D, ““appropriate authority”” means- (a) in relation to England, the registration authority or such other public authority as may be prescribed; (b) in relation to Wales, the registration authority or such other public authority as may be prescribed. 167B DIRECTIONS UNDER SECTION 167A: APPEALS (1) A person in respect of whom a direction has been given under section 167A may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999- (a) against the decision to give the direction; (b) against a decision not to vary or revoke the direction. (2) Regulations may- (a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence; (b) prescribe circumstances in which the Tribunal shall allow an appeal under this section; (c) prescribe the powers available to the Tribunal on allowing an appeal under this section. 167C DIRECTIONS UNDER SECTION 167A: INFORMATION (1) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State in connection with his functions- (a) under the Protection of Children Act 1999, except section 9 (the Tribunal); (b) under Part 7 of the Care Standards Act 2000; (c) under sections 142 to 144 of this Act; (d) as registration authority under this Part. (2) The National Assembly for Wales may provide to the appropriate authority any information relating to a person which is held by the Assembly in connection with its functions as registration authority under this Part. (3) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise by the appropriate authority of its functions under sections 167A to 167C. (4) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State or the National Assembly for Wales any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A. 167D DIRECTIONS UNDER SECTION 167A: NOTIFICATION (1) Where the appropriate authority in relation to England gives a direction under section 167A(1), or varies or revokes any such direction, it must notify- (a) the registration authority in relation to England (unless the appropriate authority is the registration authority), and (b) the registration authority in relation to Wales and (if different) the appropriate authority in relation to Wales. (2) Where the appropriate authority in relation to Wales gives a direction under section 167A(1), or varies or revokes any such direction, it must notify- (a) the registration authority in relation to Wales (unless the appropriate authority is the registration authority), and (b) the registration authority in relation to England and (if different) the appropriate authority in relation to England.”””” After Clause 162, insert the following new clause- ““PROHIBITION ON PARTICIPATION IN MANAGEMENT: SUPPLEMENTARY (1) In section 169 of EA 2002 (unsuitable persons), for the words from ““any work”” onwards substitute ““work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom””. (2) In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert- ““(ba) on an appeal under section 167B of the Education Act 2002;””.”” After Clause 162, insert the following new clause- ““PROHIBITION ON PARTICIPATION IN MANAGEMENT: TRANSITIONAL PROVISION (1) A person falls within this subsection if- (a) immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and (b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him. (2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act. (3) Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day. (4) Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act. (5) In this section- ““appropriate authority”” has the same meaning as in section 167A of EA 2002; ““prescribed”” means prescribed by regulations under this section; ““regulations”” means regulations made- (a) in relation to England, by the Secretary of State, or (b) in relation to Wales, by the Assembly; ““the relevant day”” means the day on which section 167A of EA 2002 comes into force.”” After Clause 163, insert the following new clause- ““SPECIAL EDUCATIONAL NEEDS CO-ORDINATORS In section 317 of EA 1996 (duties of governing body or LEA in relation to pupils with special educational needs) after subsection (3) insert- ““(3A) The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the ““special educational needs co-ordinator””) as having responsibility for co-ordinating the provision for pupils with special educational needs. (3B) Regulations may- (a) require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and (b) confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.”””” On Question, amendments agreed to. [Amendments Nos. 141 and 142 not moved.] Clause 169 [Restriction on framework power conferred by section 168]: