division_name: Lords Amendment
motion: <p pid="a.239.5/1" pwmotiontext="unrecognized">14Before Clause 18, insert the following new clause&#8212;</p>
  
  <p pid="a.239.5/2" pwmotiontext="quot">"Control of regulation</p>
  
  <p class="indent" pid="a.239.5/3" pwmotiontext="lines">(1) In relation to the conduct of education in schools and nursery schools, the Secretary of State and local education authorities shall have a duty to limit new regulation and to control the amount of material they send to governing bodies and head teachers.</p>
  
  <p class="indent" pid="a.239.5/4" pwmotiontext="lines">(2) The Secretary of State must publish an annual report to Parliament, setting out any progress he has made in the preceding year in seeking to control or reduce the volume of regulations, circulars and codes of practice that he or his predecessors have published, and reporting any representations he has received from governing bodies, head teachers or teachers' representative bodies about the burden that regulations impose.</p>
  
  <p class="indent" pid="a.239.5/5" pwmotiontext="lines">(3) Each set of regulations, circular or code of practice issued by the Secretary of State shall include a statement by him of the time he expects it will take for governing bodies or head teachers of schools, or nursery schools, as appropriate, to read, consider and implement the regulation, circular or code of practice concerned.</p>
  
  <p class="indent" pid="a.239.5/6" pwmotiontext="lines">(4) In making his estimate under subsection (3), the Secretary of State shall impose no additional burden on schools or nursery schools to provide him or local authorities with information."</p>
  
  <p class="indent" pid="a.239.5/7" pwmotiontext="bill">The Commons disagree to this Amendment but propose the following Amendment in lieu thereof&#8212;</p>
  
  <p pid="a.239.5/8" pwmotiontext="lines">14A Page 23, line 44, at end insert the following new Clause&#8212;</p>
  
  <p pid="a.239.5/9" pwmotiontext="quot">"Annual report on circulars etc. sent to schools.</p>
  
  <p class="indent" pid="a.239.5/10" pwmotiontext="lines">(1) The Secretary of State shall in respect of each academic year&#8212;</p>
  
  <p pid="a.239.5/11" pwmotiontext="lines">(a) prepare a report listing&#8212;</p>
  
  <p pid="a.239.5/12" pwmotiontext="lines">(i) documents sent by him during the year to all governingbodies of maintained schools in England or to all headteachers of such schools,</p>
  
  <p pid="a.239.5/13" pwmotiontext="lines">(ii) documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and</p>
  
  <p pid="a.239.5/14" pwmotiontext="lines">(b) lay a copy of the report before each House of Parliament.</p>
  
  <p pid="a.239.5/15" pwmotiontext="lines">(2) The National Assembly for Wales shall in respect of each academic year prepare and publish a report listing&#8212;</p>
  
  <p pid="a.239.5/16" pwmotiontext="lines">(a) documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools,</p>
  
  <p pid="a.239.5/17" pwmotiontext="lines">(b) documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.</p>
  
  <p pid="a.239.5/18" pwmotiontext="lines">(3) The documents referred to in subsections (1) and (2) do not include any document sent by the Secretary of State or the National Assembly for Wales&#8212;</p>
  
  <p pid="a.239.5/19" pwmotiontext="lines">(a) otherwise than in the exercise of functions relating to education, or</p>
  
  <p pid="a.239.5/20" pwmotiontext="lines">(b) at the request of the person to whom it is sent.</p>
  
  <p pid="a.239.5/21" pwmotiontext="lines">(4) In this section "academic year" means a period beginning with 1st August and ending with the next 31st July."</p>
  
  <p pid="a.243.0/1" pwmotiontext="moved">rose to move, as an amendment to the Motion, That this House do not insist on their Amendment No. 14 and do agree with the Commons in their Amendment No. 14A in lieu thereof, leave out from "No. 14" to end and insert ", do disagree with the Commons in their Amendment No. 14A in lieu thereof but do propose the following amendment in lieu of the Commons amendment&#8212;</p>
  
  <p pid="a.243.0/2" pwmotiontext="moved">14BPage 23, line 44, at end insert the following new Clause&#8212;</p>
  
  <p pid="a.243.0/3" pwmotiontext="moved">"Control of regulation (No. 2)</p>
  
  <p class="indent" pid="a.243.0/4" pwmotiontext="moved">(1) In relation to the conduct of education in schools and nursery schools, the Secretary of State, the National Assembly for Wales and local authorities shall have a duty to limit new regulation and to control the amount of material they send to governing bodies and head teachers.</p>
  
  <p class="indent" pid="a.243.0/5" pwmotiontext="moved">(2) In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year&#8212;</p>
  
  <p pid="a.243.0/6" pwmotiontext="moved">(a) prepare a report listing&#8212;</p>
  
  <p pid="a.243.0/7" pwmotiontext="moved">(i) documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools,</p>
  
  <p pid="a.243.0/8" pwmotiontext="moved">(ii) documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and</p>
  
  <p pid="a.243.0/9" pwmotiontext="moved">(b) lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.</p>
  
  <p pid="a.243.0/10" pwmotiontext="moved">(3) In pursuit of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing&#8212;</p>
  
  <p pid="a.243.0/11" pwmotiontext="moved">(a) documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools,</p>
  
  <p pid="a.243.0/12" pwmotiontext="moved">(b) documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.</p>
  
  <p pid="a.243.0/13" pwmotiontext="moved">(4) The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales at the request of the person to whom it is sent.</p>
  
  <p class="indent" pid="a.243.0/14" pwmotiontext="moved">(5) Each document issued by the Secretary of State or the National Assembly for Wales shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.</p>
  
  <p class="indent" pid="a.243.0/15" pwmotiontext="moved">(6) Each document issued by the Secretary of. State or the National Assembly for Wales shall state clearly the persons for whom the advice and guidance is intended.</p>
  
  <p class="indent" pid="a.243.0/16" pwmotiontext="moved">(7) The purpose of this section is to ensure that the volume of direction and guidance given by the Secretary of State and the National Assembly for Wales shall not interfere unduly with the professional judgement of teachers, nor impose on head teachers and governing bodies unreasonable burdens of compliance, and it shall be the duty of the Secretary of State to have regard to this purpose in the preparation of documents to which this section applies.</p>
  
  <p class="indent" pid="a.243.0/17" pwmotiontext="moved">(8) In this section "academic year" means a period beginning with 1st August and ending with the next 31st July.""</p>
  
  <p pid="a.245.0/1" pwmotiontext="moved">moved, as an amendment to Amendment No. 14B, Amendment No. 14BA:</p>
  
  <p pid="a.245.0/2" pwmotiontext="moved">14BALeave out subsection (1) and insert&#8212;</p>
  
  <p pid="a.245.0/3" pwmotiontext="moved">"(1) In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to&#8212;</p>
  
  <p pid="a.245.0/4" pwmotiontext="moved">(a) the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,</p>
  
  <p pid="a.245.0/5" pwmotiontext="moved">(b) the benefits that are expected to result from the issue of the guidance or other circular, and</p>
  
  <p pid="a.245.0/6" pwmotiontext="moved">(c) the desirability of avoiding&#8212;</p>
  
  <p pid="a.245.0/7" pwmotiontext="moved">(i) the sending of excessive material to governing bodies or head teachers, and</p>
  
  <p pid="a.245.0/8" pwmotiontext="moved">(ii) the imposition of excessive administrative burdens on governing bodies or head teachers."</p>
  
  <p pid="a.249.1/1" pwmotiontext="considered">On Question, Whether the Motion shall be agreed to?</p>
  
  <p pid="a.249.1/2" pwmotiontext="divided">Their Lordships divided: Contents, 208; Not-Contents, 127.</p>