HL Deb 16 June 1998 vol 590 cc1527-38

Introductory

1. In this Schedule "the 1988 Act" means the Education Reform Act 1988.

General provisions as to transfers

2.—(1) Section 198 of the 1988 Act (transfers under Parts I and II of that Act) shall be amended as follows.

(2) For subsections (1) to (4) substitute—

"(1) This section applies to any transfer under any of the following provisions, namely—

  1. (a) section 126 or 130 of this Act,
  2. (b) Schedule 21 to the School Standards and Framework Act 1998 ("the 1998 Act"), or
  3. (c) any regulations made—
    1. (i) under section 21(5) or (12) of that Act, or
    2. (ii) under paragraph 10 of Schedule 2 or paragraph 4 of Schedule 8 to that Act;
and those provisions, so far as relating to transfers under them, shall in each case have effect subject to Schedule 10 to this Act.

(1A) However, nothing in—

  1. (a) the provisions of that Schedule other than paragraph 2(4), or
  2. (b) subsection (3) below,
applies in relation to any transfer agreement falling to be made under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act.

(2) Schedule 10 to this Act has effect for the purpose of—

  1. (a) dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or other educational institution;
  2. (b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer;
  3. (c) providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and
  4. (d) making supplementary and consequential provisions in relation to such transfers.

(3) In carrying out the functions conferred or imposed on them by that Schedule—

  1. (a) the Education Transfer Council—
    1. (i) shall, subject to subsection (4) below, not act on behalf of the transferor, the transferee or any other interested person, but
    2. (ii) shall seek to ensure that all such persons' interests are protected; and
  2. (b) it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act.

(4) Where the transferor under any such transfer is a local authority and in accordance with that Schedule anything falls to be or may be done by the Council for the purposes of or in connection with that transfer—

  1. (a) it may not be done by the transferee; and
  2. (b) in doing it the Council shall be regarded as acting on behalf and in the name of the transferee;
and in a case where the transferee is a body corporate established under this Act or the 1998 Act paragraph (b) above applies both in relation to things done before and in relation to things done after that body is established under this Act or the 1998 Act."

(3) For "the Board", wherever occurring in subsections (5) and (6) of section 198, there is substituted (in accordance with section 126(2) of this Act) "the Council".

Division and apportionment of property etc.

3. For paragraph 1 of Schedule 10 to the 1988 Act (supplementary provisions with respect to transfers) substitute—

"Division and apportionment of property etc.

1.—(1) Any property, rights and liabilities of a transferor authority held or used or subsisting—

  1. (a) for the purposes of more than one relevant institution; or
  2. (b) partly for the purposes of one or more relevant institutions and partly for other purposes of the transferor authority;
shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor authority and the transferee or transferees, in such proportions as may be appropriate.

(2) Any property, rights or liabilities of a transferor body shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor body and the transferee or transferees, in such proportions as may be appropriate.

(3) Where any estate or interest in land falls to be divided in accordance with either sub-paragraph (1) or sub-paragraph (2) above—

  1. (a) any rent payable under a lease in respect of that estate or interest; and
  2. (b) any rent charged on that estate or interest;
shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.

(4) Any such property, right or liability as is mentioned in sub-paragraph (1) or (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee (or to one or other of the transferees) or retained by the transferor authority or body according to—

  1. (a) in the case of an estate or interest in land, whether on the transfer date the transferor authority or body or the transferee (or one or other of the transferees) appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or
  2. (b) in the case of any other property or any right or liability, which of them appears on the transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent;
subject (in either case) to such arrangements for the protection of the other person or persons concerned as may be agreed between the transferor authority or body and the relevant person or determined by the Secretary of State under paragraph 3 below.

(5) In this paragraph—

  1. (a) "relevant institution" means—
    1. (i) any institution which a body corporate is established under this Act to conduct;
    2. (ii) any institution to which section 130 of this Act applies; and
    3. (iii) any maintained school;
  2. (b) "the relevant person" means—
    1. (i) in a case where the transferor is a transferor authority, the Education Transfer Council;
    2. (ii) in a case where the transferor is a transferor body, the transferee;
  3. (c) references to a transferor authority are references to a local authority who are the transferor for the purposes of any transfer to which this Schedule applies;
  4. (d) references to a transferor body are references to any foundation body who are the transferor for the purposes of any transfer to which this Schedule applies;
and for the purposes of this sub-paragraph references to a maintained school or a foundation body have the same meaning as in the School Standards and Framework Act 1998."

Identification of property, rights and liabilities

4. For paragraph 2 of Schedule 10 to the 1988 Act substitute—

"Identification of property, rights and liabilities

2.—(1) It shall be the duty of the transferor and the relevant person, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor or for making any such arrangements as are mentioned in paragraph 1(4) above and as will—

  1. (a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and
  2. (b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarifications and modifications of the effect of the provision of this Act or of the 1998 Act (or any regulations made under it) under which the transfer is required on the property, rights and liabilities of the transferor as will best serve the proper discharge of the respective functions of the transferor and the transferee.

(2) Any such agreement shall provide so far as it is expedient—

  1. (a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;
  2. (b) for the granting of indemnities in connection with the severance of leases and other matters;
  3. (c) for responsibility for registration of any matter in any description of statutory register.

(3) Except in a case where the transferor is a local authority, the Education Transfer Council shall—

  1. (a) assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor;
  2. (b) advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above;
  3. (c) assist such persons to negotiate any such agreement or instrument and mediate in any such negotiations;
  4. (d) prepare drafts of any such agreement or instrument; and
  5. (e) assist the parties in executing and giving effect to any such agreement or instrument.

(4) If and to the extent that they are requested to do so by any person falling to make a transfer agreement under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act, the Education Transfer Council shall exercise any one or more functions falling within sub-paragraph (3) above in relation to such an agreement, or an instrument made pursuant to such an agreement, as if it were an agreement or instrument falling to be made under sub-paragraph (1) above.

(5) Any transfer of any estate or interest in land under this paragraph or under paragraph 1 above (whether by virtue of an agreement or instrument entered into before or after the transfer date) shall be regarded as having taken place on the transfer date.

(6) In this paragraph— the 1998 Act" means the School Standards and Framework Act 1998; and the relevant person" means—

  1. (a) in a case where the transferor is a local authority, the Education Transfer Council;
  2. (b) in a case where the transferor is not a local authority, the transferee."

Resolution of disputes

5. For paragraph 3 of Schedule 10 to the 1988 Act substitute—

"Resolution of disputes

3.—(1) The Education Transfer Council shall notify the Secretary of State if it appears to them that it is unlikely in the case of any matter on which agreement is required to be reached under paragraph 2(1) above that such an agreement will be reached.

(2) Where the Secretary of State has received a notification from the Council under sub-paragraph (1) above, he may, whether before or after the transfer date, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above.

(3) Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee on the transfer date.

(4) The Secretary of State shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph.

(5) The Education Transfer Council shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this paragraph."

Proof of title by certificate

6. In paragraph 5 of Schedule 10 to the 1988 Act, for "or of the Education Act 1996" substitute "or of the School Standards and Framework Act 1998".

Construction of agreements etc.

7. In paragraph 7 of Schedule 10 to the 1988 Act, for "or of the Education Act 1996", in both places, substitute "or of the School Standards and Framework Act 1998".

Third parties affected by vesting provisions

8. In paragraph 9 of Schedule 10 to the 1988 Act—

  1. (a) in sub-paragraph (6)(a), after "Board" insert "or (as the case may be) the transferee";
  2. (b) in sub-paragraph (6)(b), for "or of the Education Act 1996" substitute "or of the School Standards and Framework Act 1998 (or any regulations made under it)"; and
  3. (c) in sub-paragraph (9), after "Board" insert "or (as the case may be) the transferee".

Delivery of documents to transferee

9. In paragraph 10 of Schedule 10 to the 1988 Act, after "transfer" insert "under which the transferor is a local authority".

Amendment of references to Education Assets Board

10. For "the Education Assets Board" or "the Board", wherever occurring in Schedule 10 to the 1988 Act, there is substituted (in accordance with section 126(2) of this Act) "the Education Transfer Council" or "the Council" respectively.").

On Question, amendment agreed to.

Schedule 29 [Minor and consequential amendments]:

Lord Whitty moved Amendments Nos. 257AB to 257AE:

Page 214, line 45, at end insert—

("Education (No. 2) Act 1986 (c. 61)

. In section 49(3) of the Education (No. 2) Act 1986 (appraisal of performance of teachers)—

  1. (a) for paragraph (b) substitute—
    1. "(b) at any special school which is not so maintained but is for the time being approved by the Secretary of State under section 342 of the Education Act 1996 (approval of special schools);", and.
  2. (b) omit paragraph (ba).").

Page 215, line 18, at end insert—

(". In Schedule 8 (provisions relating to the body to be known as the Education Transfer Council)—

  1. (a) omit paragraph 6(3); and
  2. (b) in paragraph 8—
    1. (i) in sub-paragraph (4), omit "given with the consent of the Treasury"; and
    2. (ii) in sub-paragraph (7), for "Treasury" substitute "Secretary of State".").

Page 216, line 1, leave out ("", where subsection (6) below applies,"") and insert ("from "and, where" to "that subsection"").

Page 216, line 45, at end insert—

("Diocesan Boards of Education Measure 1991 (1991 No. 2)

. The Diocesan Boards of Education Measure 1991 shall be amended as follows.

. In section 3 (transactions for which advice or consent of Board is required)—

  1. (a) in subsection (1), for the words from "before making" to the end substitute "before—
    1. (a) publishing proposals for any prescribed alteration to the school under section 27(2)(b) of the School Standards and Framework Act 1998;
    2. (b) publishing proposals for the discontinuance of the school under section 28(2) of that Act;
    3. (c) serving notice of an intention to discontinue the school under section 29(1) of that Act;
    4. (d) publishing proposals for changing the category of the school under paragraph 2 or 2A of Schedule 8 to that Act; or
    5. (e) making any application to, or entering into any agreement with, any body or person for or in connection with any disposal (whether by sale or otherwise) of the premises of the school or any part of them.";
  2. (b) in subsection (2), for "an aided or special agreement school" substitute "a voluntary aided school";
  3. (c) omit subsections (4) and (5); and
  4. (d) in subsection (6)—
    1. (i) omit "or (5)", and
    2. (ii) for "the secretary of the governing body" substitute "the clerk to the governing body".

. In section 7 (powers of Board to give directions to governing bodies)— (a) for subsection (1) substitute—

"(1) Where the Board is satisfied that the governing body of a voluntary aided church school in the diocese in discharging, or failing to discharge, its functions so far as relating to—

  1. (a) the making of any prescribed alteration to the school under Chapter II of Part II of the School Standards and Framework Act 1998, or
  2. (b) the discontinuance of the school under that Chapter, or
  3. (c) changing the school's category in accordance with paragraph 2 or 2A of Schedule 8 to that Act,
is acting in a manner which is not in the interests of that school or of church schools generally, the Board may, subject to subsection (1A) below, give directions to the governing body as to the discharge of those functions.

(1A) The Board may not, under subsection (1) above, give directions as to the publication of proposals under paragraph 2 or 2A of Schedule 8 to that Act which would prevent the publication of proposals for the school to become a foundation school.";

  1. (b) in subsection (2), for "the secretary of the governing body" substitute "the clerk to the governing body";
  2. (c) in subsection (3), for the words from the beginning of paragraph (a) onwards substitute—
    1. "(a) publication of proposals for any prescribed alteration to the school under section 27(2)(b) of the School Standards and Framework Act 1998; or
    2. (b) publication of proposals under paragraph 2 or 2A of Schedule 8 to that Act,
    the Board may itself publish those proposals, and the provisions of that Act shall apply to anything done by the Board by virtue 1534 this subsection as if it had been done by the governing body of the school.";
  3. (d) omit subsection (5); and
  4. (e) for the sidenote substitute "Powers of Board to give directions to governing bodies of voluntary aided church schools."

.—(1) Section 10 (interpretation) shall be amended as follows.

(2) In subsection (1)—

  1. (a) omit the definition of "Church of England voluntary school", and
  2. (b) for the definition of "church school" substitute—
"church school" means a foundation or voluntary school which is a Church of England school as defined by section 130(1) of the School Standards and Framework Act 1998;".

(3) Omit subsection (2).

(4) For subsection (3) substitute— (3) Expressions used in this Measure which are also used in the School Standards and Framework Act 1998 shall, unless the context otherwise requires, have the same meaning as in that Act.").

On Question, amendments agreed to.

[Amendment No. 257AF not moved.]

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

Lord Whitty moved Amendment No. 257M:

Page 217, line 11, after ("applies") insert (", and (ii) any Education Action Forum established by virtue of section 10(1) of that Act").

On Question, amendment agreed to.

[Amendments Nos. 257N and 257P had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendments Nos. 257AG to 257AJ:

Page 217, line 44, leave out ("subsection (5)") and insert ("subsections (4) and (5)").

Page 220, line 31, leave out ("324(5)(b) (statement of special educational needs),") and insert ("324 (statement of special educational needs)— (a) in subsection (5)(b),").

Page 220, line 33, at end insert ("; and (b) after subsection (5) insert—

"(5A) Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(4) of the School Standards and Framework Act 1998."").

On Question, amendments agreed to.

[Amendment No. 258 not moved.]

Lord Whitty moved Amendments Nos. 258D and 258E:

Page 227, leave out lines 32 to 35 and insert—

("112. In section 509 (provision of transport etc.)—

  1. (a) omit subsection (5)(a); and
  2. (b) for subsection (6) substitute—

"(6) Regulations may require a local education authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the making of—

  1. (a) provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) who are over compulsory school age and have not attained the age of 19; or
  2. (b) provision under section 509A (travel arrangements for children receiving nursery education otherwise than at school)." ").

Page 227, line 46, leave out from beginning to end of line 1 on page 228.

On Question, amendments agreed to.

[Amendments Nos. 258A to 258C not moved.]

Lord Whitty moved Amendments Nos. 258F to 258L:

Page 234, line 4, after ("group",") insert— ("( ) in the definition of "proprietor", for "a county, voluntary or grant-maintained school," substitute "a community, foundation or voluntary or community or foundation special school,",").

Page 234, line 11, after ("units)") insert—

("(a) in paragraph 6— (i) for sub-paragraphs (1) and (2) substitute—

"(1) In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 351(1) (balanced and broadly based curriculum).

(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

  1. (a) the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or
  2. (b) such of them as may be prescribed to collaborate with each other in exercising,
such functions in relation to the curriculum as may be prescribed.", and.
  1. (ii) in sub-paragraph (3)(a), for "or under any enactment referred to in sub-paragraph (2)" substitute "sub-paragraph (1) or (2)";
    1. (b) omit paragraphs 12 and 13; and
    2. (c)")

Page 234, line 31, after ("paragraphs"), insert ("9,").

Page 234, leave out line 32 and insert (", 42(4)(b), 75, 82(1)(b) and the "and" preceding it, 82(2)(a), 82(2)(c) and the "and" preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d);").

Page 234, line 34, at end insert ("; and (g) Schedule 40 (transitory provisions.)").

Page 239, line 8, at end insert—

("Audit Commission Act 1998 (c. 00)

197. In section 36(3) of the Audit Commission Act 1998 (studies at request of educational bodies)—

  1. (a) for the words from "corporation, a" to "school" substitute "corporation or further education corporation", and
  2. (b) in paragraph (b), omit "or governing body".").

On Question, amendments agreed to.

Schedule 29, as amended, agreed to.

Schedule 30 [Repeals]:

Lord Whitty moved Amendments Nos. 258M to 258T:

Page 239, line 16, at end insert—

("1963 c. 33. London Government Act 1963. Section 31.")

Page 240, line 30, column 3, at beginning insert—

("Sections 166 and 167.")

Page 240, line 33, column 3, at end insert—

("In Schedule 8, paragraph 6(3) and in paragraph 8(4) the words "given with the consent of the Treasury".")

Page 240, line 43, column 3, leave out ("", where subsection (6) below applies,"") and insert ("from "and, where" to "that subsection"").

Page 241, line 4, column 3, at end insert—

("1991 No. 2. Diocesan Boards of Education Measure1991. In section 3, subsections (4) and (5) and in subsection (6), the words "or (5)".
Section 5.
Section 6(2).
Section 7(5).
Section 9.
In section 10, in subsection (1) the definition of "Church of England voluntary school" and subsection (2).")

Page 241, line 4, column 3, at end insert—

("1992 c. 13. Further and Higher Education Act 1992. In section 2(6), the words "grant-maintained schools,".
In section 16, in subsection (2), the words "or any grant-maintained school" wherever occurring, and in subsection (3)(a) the words "or is a grant-maintained school".
In section 21, in subsection (1) paragraph (a) and the words "(b) in any other case,", and in subsection (2) the words "orders and", "grant-maintained school or other" and "grant-maintained schools or other".
In section 26(1), the words "or was a grant-maintained school".
In section 54(1)(b), the words "grant-maintained school,".
In Schedule 8, paragraphs 61 to 64.")

Page 241, line 12, column 3, leave out ("12(5)") and insert ("12(4) and (5)").

On Question, amendments agreed to.

[Amendment No. 259 not moved.]

Lord Whitty moved Amendments Nos. 259F to 259N:

Page 243, column 3, leave out line 21.

Page 244, line 37, column 3, after ("1,") insert ("paragraphs 12 and 13 and").

Page 244, line 46, column 3, after ("paragraphs"), insert ("9,").

Page 244, line 47, column 3, leave out ("and 42(4)(b)") and insert (", 42(4)(b), 75, 82(1)(b) and the "and" preceding it, 82(2)(a), 82(2)(c) and the "and" preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d)").

Page 244, line 49, column 3, at end insert—

("Schedule 40.")

Page 246, line 14, column 3, leave out ("36(1)") and insert ("36, in subsection (1)").

Page 246, line 20, column 3, at end insert ("and in subsection (3)(b) the words "or governing body".").

Page 246, line 20, column 3, at end insert—

("In Schedule 3, paragraphs 25 and 32.")

On Question, amendments agreed to.

Schedule 30, as amended, agreed to.

Schedule 31 [Transitional provisions and savings]:

Lord Whitty moved Amendments Nos. 259B to 259D:

Page 246, line 28, after first ("day"") insert (", in relation to any provision of this Schedule,").

Page 246, line 28, leave out ("this Schedule") and insert ("that provision").

Page 247, line 46, at end insert—

("Deferment of governing body's right to delegated budget

4A.—(1) A maintained school falling within section 48(1) shall not have a delegated budget as from the day on which section 48 comes into force if—

  1. (a) the governing body's right to a delegated budget has been suspended under section 117 of the Education Act 1996 (suspension of financial delegation for mismanagement etc.) or section 28 of the School Inspections Act 1996 (suspension of right to delegated budget); and
  2. (b) that suspension has not been previously revoked with effect from that or any earlier day.

(2) Such a school shall, however, have a delegated budget as from the day with effect from which that suspension is revoked.

(3) The Secretary of State may by order determine that a relevant school shall not have a delegated budget as from the day on which section 48 comes into force where he considers that it would not be expedient for the school to have such a budget as from that day for reasons connected with—

  1. (a) the financial position, or
  2. (b) the financial management,
of the school.

(4) Where the Secretary of State makes an order under sub-paragraph (3) in relation to a school—

  1. (a) for the purposes of Part II of this Act the right of the governing body to a delegated budget shall be treated as if it had been suspended by the local education authority under paragraph 1 of Schedule 15 on the day on which section 48 comes into force;
    2. 1538
  2. (b) paragraphs 2 to 4 (but not 3(1)(a)) of that Schedule shall apply to any such suspension; and
  3. (c) the school shall have a delegated budget as from the day with effect from which that suspension is revoked.

(5) Any reference in any of sections 53 to 56 to any suspension of a school's delegated budget under Schedule 15 includes a reference to—

  1. (a) any suspension of a school's delegated budget by virtue of sub-paragraph (1); and
  2. (b) (in accordance with sub-paragraph (4)), any such suspension by virtue of sub-paragraph (3).

(6) Where the day on which section 48 comes into force is earlier than the appointed day (as defined by section 20(6)) any reference in this paragraph to a maintained school is a reference to a school which is (within the meaning of the Education Act 1996)—

  1. (a) a school maintained by a local education authority, or
  2. (b) a grant-maintained or grant-maintained special school,
and to which section 48 applies in accordance with regulations under section 132(1).

(7) In this paragraph—

  1. (a) "relevant school" means a maintained school which immediately before the day on which section 48 comes into force was a grant-maintained or grant-maintained special school within the meaning of the Education Act 1996; and
  2. (b) references to a school having a delegated budget or to a governing body's right to such a budget shall be construed in accordance with section 48(10).").

On Question, amendments agreed to.

[Amendment No. 259A had been withdrawn from the Marshalled List.]

Lord Whitty moved Amendment No. 259E:

Page 248, line 33, at end insert—

("Transfer of sites provided under sections 60 and 61 of the Education Act 1996

7.—(1) This paragraph applies where—

  1. (a) before the appointed day a site was provided for a school by a local education authority under section 60 or 61 of the Education Act 1996 (obligation of LEAs to provide new sites and buildings for voluntary schools); but
  2. (b) no conveyance was made in respect of that site under section 60(2) or (as the case may be) section 61(2) of that Act before that day.

(2) Where the site was provided under section 60 of that Act, sub-paragraphs (3) to (11) (but not (7)(b)) of paragraph 2 of Schedule 3 to this Act shall apply in relation to the provision of that site as if it had been provided under sub-paragraph (1) of that paragraph.

(3) Where the site was provided under section 61 of that Act, sub-paragraphs (3) to (9) of paragraph 4 of Schedule 3 to this Act shall apply in relation to the provision of that site as if it had been provided under sub-paragraph (1) of that paragraph.").

On Question, amendment agreed to.

Schedule 31, as amended, agreed to.

House resumed: Bill reported with amendments.

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