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Lord Inglewood moved Amendment No. 86:


Page 14, line 43, leave out ("has such meaning as may be prescribed") and insert ("means the other member of a couple consisting of a man and a woman who are not married to each other but are living together as husband and wife").

On Question, amendment agreed to.

Clause 17, as amended, agreed to.

Clause 18 agreed to.

Clause 19 [Circumstances in which less favourable treatment in relation to premises is justified]:

[Amendment No. 87 not moved.]

Clause 19 agreed to.

Clause 20 agreed to.

Clause 21 [Validity and revision of certain agreements]:

Baroness O'Cathain moved Amendment No. 88:


Page 16, line 13, leave out subsections (3) to (6).

The noble Baroness said: This is a complicated amendment. It deals with the fact that if something is "void" it cannot be made "voidable". Subsections (3) to (6) of Clause 21 provide that if such a clause is found, a person can go to court and have the provision made void; that is, removed or modified. If it is already "void", it cannot be made void. Clearly, under Clause 21(1) the provision in the contract would be void anyway. This is a legal point: something that is void cannot be made void again; it was discriminatory in the first place. This is a point of tautology, a lawyer's point. I beg to move.

Lord Inglewood: I suppose, as one of that species, I had better speak to this amendment. Obviously my noble friend's amendment seeks to remove from Clause 21 the ability of either a county or sheriff court to replace or modify contract terms that have been made void due to the fact that they frustrate the operation of Part III of the Bill. I have listened carefully to why my noble friend thinks that this is necessary, but I have to confess that I am not convinced by her arguments. The crucial point here is that the contract is made and it contains within it various provisions. Certain of those provisions—the terms of the contract—are void, so far as they purport to do the matters described in Clause 21(1) (a) (b) or (c). But under the latter part of the clause, it is possible for an application to be made either to the county court or to the sheriff court to have the void clauses (they still exist; they are merely void) modified so that they can take effect in a manner which is to the benefit of those who have entered into the contract.

I believe that the point made by the noble Baroness is based on a misunderstanding of the nature of the contract and the way in which contract law works. Against that background, I hope that I shall be able to persuade her that these subsections are an important part of the Bill. They introduce an important and significant element of flexibility into this particular piece of

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legislation. I see that the noble and learned Lord, Lord Templeman, nods his head, which is a very encouraging sign from my point of view.

Lord Templeman: Perhaps I may be permitted to tell the noble Baroness that it is a thoroughly bad point.

Lord Inglewood: The noble and learned Lord has put it rather more bluntly and more succinctly than I should have done, but we have come to the same conclusion.

Baroness O'Cathain: I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 21 agreed to.

Clause 22 [Advice and assistance]:

[Amendment No. 89 not moved.]

Clause 22 agreed to.

Lord Mackay of Ardbrecknish moved Amendment No. 90:


After Clause 22, insert the following new clause:

("Part IIIA
Education
Education of disabled persons

.—(1) In section 161(5) of the Education Act 1993 (information relating to pupils with special educational needs to be included in annual report), omit the words from "and in this subsection" to the end.
(2) After section 161(5) of that Act insert—
"(6) The annual report for each county, voluntary or grant-maintained school shall include a report containing information as to—
(a) the arrangements for the admission of disabled pupils;
(b) the steps taken to prevent disabled pupils from being treated less favourably than other pupils; and
(c) the facilities provided to assist access to the school by disabled pupils.
(7) In this section—
"annual report" means the report prepared under the articles of government for the school in accordance with section 30 of the Education (No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this Act; and
"disabled pupils" means pupils who are disabled persons for the purposes of the Disability Discrimination Act 1995."
(3) In section 1 of the Education Act 1994 (establishment of the Teacher Training Agency) add, at the end—
"(4) In exercising their functions, the Teacher Training Agency shall have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995."").

The noble Lord said: I beg to move this amendment. In doing so, I think I should go a little further than just moving it, although I am tempted just to move it and sit down. Therefore, I shall speak also—

Baroness Hollis of Heigham: I am sure that the noble Lord is aware that this amendment formed part of the group that he moved when we discussed Amendments Nos. 69 and 70, tabled by the noble Baroness.

Lord Mackay of Ardbrecknish: I am so sorry. I am so keen to reach the end of this evening that I had jumped that. I have already spoken to Amendment No. 90, and indeed also to Amendments Nos. 91 and 92.

On Question, amendment agreed to.

15 Jun 1995 : Column 2033

Lord Mackay of Ardbrecknish moved Amendment No. 91:


After Clause 22, insert the following new clause:

Further and higher education of disabled persons

(".—(1) The Further and Higher Education Act 1992 is amended as follows.
(2) In section 5 (administration of funds by further education funding councils), in subsection (6) (b), after "may" insert ", subject to subsection (7A) below,".
(3) After section 5(7) insert—
"(7A) Without prejudice to the power to impose conditions given by subsection (6) (b) above, the conditions subject to which a council gives financial support under this section to the governing body of an institution within the further education sector—
(a) shall require the governing body to publish disability statements at such intervals as may be prescribed; and
(b) may include conditions relating to the provision made, or to be made, by the institution with respect to disabled persons.
(7B) For the purposes of subsection (7A) above—
"disability statement" means a statement containing information of a prescribed description about the provision of facilities for education made by the institution in respect of disabled persons;
"disabled persons" means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
"prescribed" means prescribed by regulations."
(4) In section 8 (supplementary functions) add, at the end—
"(4) As soon as is reasonably practicable after the end of its financial year, each council shall make a written report to the Secretary of State on—
(a) the progress made during the year to which the report relates in the provision of further education for disabled students in their area; and
(b) their plans for the future provision of further education for disabled students in their area.
(5) In subsection (4) above—
"disabled students" means students who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
"financial year" means the period of twelve months ending with 31st March 1997 and each successive period of twelve months."
(5) In section 62 (establishment of higher education funding councils), after subsection (7) insert—
"(7A) In exercising their functions, each council shall have regard to the requirements of disabled persons.
(7B) In subsection (7A) "disabled persons" means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995."
(6) In section 65 (administration of funds by higher education funding councils), after subsection (4) insert—
"(4A) Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which a council makes grants, loans or other payments under this section to the governing body of a higher education institution shall require the governing body to publish disability statements at such intervals as may be specified.
(4B) For the purposes of subsection (4A) above—
"disability statement" means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
"specified" means specified in the conditions subject to which grants, loans or other payments are made by a council under this section."").

15 Jun 1995 : Column 2034

On Question, amendment agreed to.


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