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Amendments to the Local Government Bill [H.L.]

Local Government Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Local Government Bill [H.L.] to be moved on Third Reading in the House of Lords.

  
Clause 2
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
     Page 1, line 18, at beginning insert ("Subject to sections (Discrimination in the provision of facilities or services) and to sections 2A and 2B of the Local Government Act 1986") 
  
After Clause 82
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
     Insert the following new Clause-- 
     (".--(1) Subject to provision made by or under any enactment, a local authority shall not cause or permit discrimination as regards the provision of facilities or services, which are not generally available, for the exclusive benefit of any group of persons.
 
    (2)  Subject to subsection (4), in any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.
 
    (3)  The Secretary of State may make and, from time to time revise, a code of practice on the discharge by local authorities of the duty under subsection (1).
 
    (4)  Any provision of a code of practice under subsection (3) which appears to a court or tribunal to be relevant to any question arising in any proceedings in connection with the application of the duty under subsection (1) shall be taken into account in determining that question.
 
    (5)  A code of practice or a revised code of practice under this section shall be contained in a statutory instrument which shall be laid before, and subject to approval by resolution of, each House of Parliament.")
Discrimination in the provision of facilities or services.
     Insert the following new Clause-- 
     (".--(1) After section 2A of the Local Government Act 1986 insert--Sexually explicit material in maintained schools.
1986 c. 10.
 Sexually explicit material in maintained schools.     2B.--(1) A local authority shall not cause or permit material, which in the opinion of the Board of Governors of a maintained school is of a sexually explicit nature such as ought not to be made freely available in such schools, to be made so available unless it has consulted and gained the approval of the Board of Governors.
 
    (2)  The Board of Governors may delegate their functions under subsection (1) to any member of the Board.
 
    (3)  In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.
 
      (4)  In subsection (1) "maintained school" means a maintained school or maintained nursery school within the meaning of the School Standards and Framework Act 1998." 
     (2)  In section 12(3) of that Act, after "Part II" there is inserted "(other than section 2A)".")1998 c. 31.
 
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