137 Clause 102, page 46, line 26, at end insert—
("( ) Sections 496 and 497 of the Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if—
- (a) those powers and duties were conferred or imposed by the Education Act 1996, and
- (b) the bodies specified in sections 496(2) and 497(2) were any local education authority, any school organisation committee and the governing body of any maintained school (within the meaning given by section 20(7) of the School Standards and Framework Act 1998).")
§ Lord Bach
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 137. In moving this amendment, I shall speak also to Commons Amendments Nos. 210 to 228. In view of the need to make progress, I should like to speak in a little detail about one amendment only, Amendment No. 137. The other amendments in this group address minor and entirely technical points. I am happy to give explanations of any of those if noble Lords require.
The purpose of Amendment No. 137 is to apply Sections 496 and 497 of the Education Act 1996 to local education authorities, school governing bodies 820 and school organisation committees in the exercise of their functions under Schedule 7 to the Bill. Sections 496 and 497 give the Secretary of State powers to take action where certain public bodies act, or propose to act, unreasonably in the exercise of their functions or are in default of their duties. The various bodies involved in proposals for changes to school organisation under the provisions of the School Standards and Framework Act 1998 are subject to the Secretary of State's powers of intervention. The amendment is needed because, unlike the 1998 Act, the Learning and Skills Bill is not "construed as one" with the Education Act 1996. That means that Sections 496 and 497 do not apply automatically.
Moved, That the House do agree with the Commons in their Amendment No. 137.—(Lord Bach.)
On Question, Motion agreed to.