HL Deb 16 June 1998 vol 590 cc1524-7

(" .—(1) For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities if the area served by the school is—

  1. (a) a parish or community;
  2. (b) an area in England which is not within a parish and is not situated in—
    1. (i) a county for which there is no council, or
    2. (ii) a county in which there are no district councils; or
  3. (c) an area comprising two or more areas each of which falls within paragraph (a) or (b).

(2) Where the area served by the school is a parish—

  1. (a) the parish council (if there is one), or
  2. (b) the parish meeting (if there is no parish council),
is the minor authority in relation to the school.

(3) Where the area served by the school is a community, the community council is the minor authority in relation to the school.

(4) Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.

(5) Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a minor authority in relation to the school.

(6) In subsection (5) "the relevant authorities" means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be minor authorities in relation to the school.

(7) References in this section to the area served by a school are references to the area appearing to the local education authority to be served by the school.").

On Question, amendment agreed to.

Clause 130 [General interpretation]:

Lord Whitty moved Amendment No. 255B:

Page 97, line 22, leave out from beginning to second ("and") in line 23 and insert ("relation to which the religion or religious denomination specified under section 66(4) is 'Church in Wales'").

On Question, amendment agreed to.

Baroness Seccombe moved Amendment No. 256:

Page 97, line 26, leave out from ("situated") to end of line 27.

The noble Baroness said: With the leave of the Committee I move this amendment on behalf of my noble friend Lord Lucas who apologises for the fact that he cannot be in the Chamber. He would like to know the answer to a very simple question. In Clause 130(1) under "general interpretation" there are two paragraphs which begin "Church in Wales school" and "Church of England school". The paragraph relating to the Church in Wales school ends by saying that it, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese".

The definition relating to "Church of England school" ends with, the Diocesan Board of Education for the diocese of the Church of England in which the school is situated". My noble friend Lord Lucas would like to know why the Welsh are being discriminated against and why the Secretary of State should have that power in relation to the Church in Wales. I beg to move.

Lord McIntosh of Haringey

The Church in Wales is different from the Church of England in that every diocese of the Church of England must by law have established a diocesan board of education. While one would expect each diocese of the Church in Wales to have established such a body with specific responsibility for educational matters, there is no legal requirement and also no reason why such a body should be known as, the Diocesan Board of Education". We have to have the provision which the amendment seeks to remove. I understand that the amendment does not have the support of the Church in Wales, and I invite the noble Baroness to withdraw it.

Baroness Seccombe

I am now better informed and I am sure that my noble friend Lord Lucas will enjoy reading in Hansard what the Minister has said. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Whitty moved Amendments Nos. 256A and 256B:

Page 97, line 29, leave out from ("in") to ("and") in line 31 and insert ("relation to which the religion or religious denomination specified under section 66(4) is 'Church of England").

Page 97, line 33, at end insert— (""community or foundation special school" means a community special school or a foundation special school;").

On Question, amendments agreed to.

[Amendment No. 257 had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendments Nos. 257A, 257Q and 257B:

Page 98, line 6, leave out from ("in") to ("and") in line 8 and insert ("relation to which the religion or religious denomination specified under section 66(4) is 'Roman Catholic").

Page 98, line 11, after ("authority"") insert (", in relation to any time on or after the appointed day,").

Page 98, line 19, at end insert—

("(2A) Any reference in this Act to the religion or religious denomination specified in relation to a school under section 66(4) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.

(2B) As a result of subsection (2A), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act to "the appropriate diocesan authority" is—

  1. (a) in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or
  2. (b) in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context of section 16(7), to both of them acting together).").

Lord McIntosh of Haringey

These are opposition amendments.

The Deputy Chairman of Committees (Lord Skelmersdale)

According to my Marshalled List, they come after Amendment No. 256A which stands in the name of the noble Baroness, Lady Blackstone, who I do not think is a member of the Opposition.

On Question, amendments agreed to.

Clause 130, as amended, agreed to.

Clause 131 [Index]:

[Amendment No. 257C had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendments Nos. 257D, 257E, 257R and 257F:

Page 99, line 22, column 2, at end insert ("and (2B)").

Page 99, line 33, at end insert—

("community or foundation special school section 130(1)")

Page 99, line 38, at end insert—

("disposing of land section 130(4)")

Page 100, line 8, column 1, after ("body") insert—

("(in Chapter III of Part I) section 10(6)")

On Question, amendments agreed to.

[Amendment No. 257G had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendments Nos. 257S and 257H:

Page 100, line 27, at end insert—

("minor authority section (Minor authorities)")

Page 101, line 20, at end insert—

("specified religion or religious denomination section 130(2A)")

On Question, amendments agreed to.

Clause 131, as amended, agreed to.

Clause 132 [Transitional provisions etc.]:

Lord Whitty moved Amendments Nos. 257T to 257Y:

Page 101, line 22, leave out ("The Secretary of State may at any time by order") and insert ("Regulations may at any time").

Page 101, line 24, leave out ("him") and insert ("the Secretary of State").

Page 101, line 27, leave out ("An order") and insert ("Regulations").

Page 102, line 7, leave out ("order") and insert "regulations").

Page 102, line 16, leave out ("order") and insert ("regulations").

Page 102, line 21, at end insert—

("(2A) Without prejudice to the generality of subsection (1) or any provision of subsection (2), regulations under subsection (1) may provide—

  1. (a) for any relevant provision to apply (with or without modification) to, or to any description of—
    1. (i) schools maintained by a local education authority within the meaning of the Education Act 1996, or
    2. (ii) grant-maintained or grant-maintained special schools within the meaning of that Act;
  2. (b) for any provision so applied, or any provision of the regulations, to have effect in relation to schools despite anything in their articles or instruments of government;
  3. (c) for any reference in this Act to the appointed day to have effect instead as a reference to such day as is specified in the regulations;
and accordingly references to the appointed day in subsection (2) include, in relation to any purposes for which any provision made by virtue of paragraph (c) above has effect, references to any such other day as is mentioned in that paragraph.

(2B) In paragraph (a) of subsection (2A) "relevant provision" means—

  1. (a) (in relation to sub-paragraph (i) or (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local education authority within the meaning of this Act, or
  2. (b) (in relation only to sub-paragraph (ii) of that paragraph) any provision of the Education Acts which is expressed to apply to, or to any description of, schools maintained by a local education authority within the meaning of the Education Act 1996;
and in that paragraph and this subsection "school" includes a proposed school.").

On Question, amendments agreed to.

Clause 132, as amended, agreed to.

Clause 133 [Short title, commencement and extent]:

[Amendment No. 257J had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendment No. 257Z:

Page 103, line 11, at end insert ("and the exercise (in relation to those or any other matters) of any power to make regulations").

On Question, amendment agreed to.

[Amendment No. 257K not moved.]

Clause 133, as amended, agreed to.

Lord Whitty moved Amendment No. 257AA:

Before Schedule 29, insert the following new schedule—

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