HL Deb 25 July 1988 vol 500 cc27-8

5 Clause 52, page 46, line 31, after ("majority") insert ("of parents eligible to vote").

The Commons disagreed to the above amendment but proposed the following amendments in lieu thereof—

6 Clause 52, page 45, line 9, leave out from ("is") to ("is") in line 10 and insert ("eligible to vote in the ballot").

7 Page 45, line 19, leave out subsection (4).

8 Page 46, line 11 at end insert— ("(7A) Where in the case of any ballot held in respect of a school in accordance with this section other than one held by virtue of this subsection ('the first ballot') the total number of votes cast in the ballot by persons eligible to vote in the ballot is less than fifty per cent. of the number of persons so eligible, it shall he the duty of the governing body to secure that another ballot (the second ballot') is held before the end of the period of fourteen days beginning with the date immediately following that on which the result of the first ballot is determined. (7B) In any case to which subsection (7,4) above applies—

  1. (a) the result of the first ballot shall he disregarded for the purposes of section 52(l) of this Act: and
  2. (b) subject to subsection (7C) below, the provisions of this section shall apply as they apply in a case where the governing body of a school are under a duty by virtue of section 50 of this Act to secure that a ballot is held in accordance with this section.
(7C) In any such case—
  1. (a) those provisions shall apply with the omission of subsections (3)(a) and (5); and
  2. (b) subsection (5A) above shall be read as if the information there referred to were the information given for the purposes of the first ballot.").

9 Page 46, line 28, at end insert— ("(10A) For the purposes of this section, a person is eligible to vote in any ballot held in respect of a school in accordance with this section if he is—

  1. (a) known to the governing body to he a parent of a registered pupil at the school: and
  2. (b) named as a parent of such a pupil in the register kept in accordance with the requirements of the 1944 Act in the case of the school, as that register has effect on the date immediately fo11owing the end of the period of fourteen days beginning with the date on which the relevant resolution or request was passed or received by the governing body.
(10B) For the purposes of paragraph (a) of subsection (10A) above, it shall he for the governing body to determine any question whether a person is a parent of a registered pupil at the school; and in paragraph (b) of that subsection the reference to the relevant resolution or request is a reference to the resolution or request (mentioned in section 50(4) of this Act) by reference to which the ballot is required to he held or, where the ballot is a second ballot under subsection (7A) above hr reference to which the first ballot was required to he held.").

10 Page 46, line 31, after ("majority") insert ("of votes cast in the ballot hr persons eligible to vote in the ballot (within the meaning of that section)").

11 Page 62, line 16, at end insert— ("Where section 51(7A) of this Act applies in the case of any such ballot, the references in sub-paragraphs (i) and (ii) of paragraph (b) above to the result of that ballot shall he read as references to the result of the second ballot required hr that subsection.").

12 Page 90, line 40, leave out from ("given") to ("and") in line 41 and insert (".for the purposes of the originating ballot to persons eligible to vote in that ballot (within the meaning of section 51)").

13 Page 206, line 26, at end insert—

("50A. In section 80 of that Act (registration of pupils at schools), after subsection (1) there shall he inserted the following subsection— '(1A) Without prejudice to the generality of subsection (1) of this section, the prescribed particulars shall include particulars of the name and address of every person known to the proprietor of the school to he a parent of a pupil at the school…").

Lord Belstead

My Lords, I beg to move that the House do not insist on their Amendment No. 5 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 6 to 13 en bloc in lieu thereof..

Moved, that the House do not insist on their Amendment No. 5 to which the Commons have disagreed, and do agree with the Commons in their Amendments Nos. 6 to 13 in lieu thereof.—(Lord Belstead.)

On Question, Motion agreed to.