HL Deb 28 May 2002 vol 635 cc1340-2

(1) This section applies to arrangements made by one person (the "agent") for another person (the "worker") to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract). (2) Subsections (3) and (4) apply where an agent—

  1. (a) has terminated the arrangements on a ground mentioned in section 138 of the Education Act 2002,
  2. (b) might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
  3. (c) might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.
(3) In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
  1. (a) the Secretary of State, and
  2. (b) where the person is a registered teacher, the Council.
 (4) In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
  1. (a) the National Assembly for Wales, and
  2. (b) where the person is a registered teacher, the General Teaching Council for Wales.
 (5) If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty. (6) If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty. (7) A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order. (8) A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order. (9) Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section. On Question, amendments agreed to.

Lord Lucas

moved Amendment No. 374: Page 206, line 38, leave out paragraph 125. The noble Lord said: I should be grateful if the Minister would tell me what has changed and what is the purpose of this change to the Freedom of Information Act 2000. I note that her forces have departed. If we can string this debate out for five minutes or so and I call a Division, we might have some interesting results. Please do not hurry. I beg to move.

Lord Davies of Oldham

I am sure that the noble Lord is in error when he suggests that any Member has departed from this absorbing debate. Everyone was waiting agog for Amendment No. 374 to be moved. It gives me great pleasure to be able to reply to it.

Amendment No. 374 would delete the application of the Freedom of Information Act requirements to nursery school governing bodies. This requirement is consistent with our policy of bringing the requirements on the new governing bodies into line with the requirements on the governing bodies of more maintained schools. Currently, nursery schools are covered by the Freedom of Information Act through the duty that Act places on LEAs. Requiring nursery schools to have statutory governing bodies means that for the purposes of the Freedom of Information Act those governing bodies become the relevant public authority. This makes explicit what is implicit in existing legislation. It applies to maintained nursery schools the same legislation that applies to other maintained schools.

We are considering how best to support nursery schools and LEAs to make the transition to a statutory governance regime. That and all other consequential requirements which flow from requiring nursery schools to have governing bodies will be taken into account. I hope that the noble Lord will accept that explanation.

Lord Lucas

I am disappointed to say that that is a perfect reply. I have no alternative but to beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 21, as amended, agreed to.

Schedule 22 [Repeals]:

Baroness Ashton of Upholland

moved Amendments Nos. 375 to 379: Page 208, line 11, column 2, at beginning insert "In section 23, in subsection (2), paragraph (f) and the word "and" immediately preceding it, and subsections (3) and (4). Page 208, line 14, column 2, leave out "and 44" and insert ", 44 and 214(a). Page 208, line 21, column 2, at beginning insert "In sect ion 29, in subsection (2), paragraph (f) and the word "and" immediately preceding it, and subsections (3) and (4). Page 208, line 22, at end insert— School Standards and In Schedule 30, paragraph 215. Framework Act 1998 (c. 31) Page 209, line 20, leave out "9(2)(c)(ii)" and insert 98(2)(c)(ii) On Question, amendments agreed to.

[Amendments Nos. 379A and 379B not moved]

Baroness Ashton of Upholland

moved Amendment No. 380: Page 212, leave out lines 1 and 2. On Question, amendment agreed to.

Schedule 22, as amended, agreed to.

House resumed: Bill reported with amendments.

Back to