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Amendments to the Special Educational Needs and Disability Bill [H.L.]

Special Educational Needs and Disability Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Special Educational Needs and Disability Bill [H.L.] to be moved in Grand Committee in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS BLACKSTONE
 
     Page 3, line 17, at end insert--
        ("(  )  Prescribed", in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.")
 
  
Clause 4
 
  
BY THE BARONESS BLACKSTONE
 
     Page 5, line 5, at end insert--
        ("(  )  Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.")
 
  
Clause 13
 
  
BY THE BARONESS BLACKSTONE
 
     Page 12, line 10, at end insert--
        ("(  )  An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy.")
 
     Page 12, line 11, leave out ("(7)") and insert ("(7A)") 
     Page 12, line 23, at end insert ("and must prepare further such plans at such times as may be prescribed") 
     Page 12, line 28, at end insert--
        ("(7A)  An inspection under the School Inspections Act 1996 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.")
 
     Page 12, line 31, leave out ("The Secretary of State may by regulations") and insert ("Regulations may") 
     Page 12, line 39, leave out subsection (11) and insert--
        ("(  )  In relation to Wales--
      prescribed" means prescribed in regulations; and
      regulations" means regulations made by the National Assembly.")
 
  
Clause 15
 
  
BY THE BARONESS BLACKSTONE
 
     Page 15, line 36, after ("28I") insert (", 28K(1)") 
  
Clause 21
 
  
BY THE BARONESS BLACKSTONE
 
     Page 20, line 20, at end insert--
        ("(1A)  Subsection (1B) applies in relation to--
      (a)  special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and
      (b)  city academies.
        (1B)  If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body--
      (a)  has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to--
            (i)  the provision to the appropriate authority of copies of that body's accessibility plan, or
            (ii)  the inspection of that plan, or
      (b)  has failed to discharge that duty,
    it may give that body such directions as to the discharge of the duty as appear to it to be expedient.")
 
     Page 20, line 21, after ("(1)") insert ("or (1B)") 
     Page 20, line 26, leave out ("appropriate authority") and insert ("Secretary of State") 
     Page 20, line 32, leave out ("it") and insert ("he") 
     Page 20, line 33, leave out ("it") and insert ("him") 
     Page 20, line 34, after ("(1)") insert (", (1B)") 
     Page 20, line 35, leave out ("appropriate") and insert ("directing") 
     Page 20, line 38, leave out ("appropriate") and insert ("directing") 
     Page 20, line 43, at end insert--
        ("(  )  Directing authority" means--
      (a)  the Secretary of State in relation to a direction given by him; and
      (b)  the National Assembly in relation to a direction given by it.")
 
  
Clause 24
 
  
BY THE BARONESS BLACKSTONE
 
     Page 23, line 45, at end insert--
        ("(  )  Accessibility strategy" and "accessibility plan" have the meaning given in section 28D.")
 
  
Clause 25
 
  
BY THE BARONESS BLACKSTONE
 
     Page 25, line 6, leave out ("1(5)(b)(iii)") and insert ("1(5)(b)(ii)") 
  
Clause 31
 
  
BY THE BARONESS BLACKSTONE
 
     Page 29, line 44, leave out from ("substitution") to end of line 1 on page 30 and insert (", for paragraphs (a) and (b) of subsection (2), of "under section 28V".  ") 
  
Clause 37
 
  
BY THE BARONESS BLACKSTONE
 
     Page 33, line 2, leave out ("Chapter II of") 
     Page 33, line 2, at end insert--
 
    ("(  )  In that section, after subsection (3), insert--
        (3A)  For the purposes of Chapter I of Part IV--
      (a)  references in subsection (2) to B include references to--
            (i)  a person who is, for the purposes of that Chapter, B's parent; and
            (ii)  a sibling of B; and
      (b)  references in that subsection to this Act are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), restricted to that Chapter."  ")
 
  
Clause 42
 
  
BY THE BARONESS BLACKSTONE
 
     Page 34, line 27, at end insert--
 
    ("(  )  Except as provided in subsections (3) and (4A), this Act (apart from this section) comes into force on such day as the Secretary of State may appoint by order.")
 
     Page 34, line 28, leave out ("sections") and insert ("provisions") 
     Page 34, line 34, at end insert ("(and section 41(1) so far as relating to those provisions)") 
     Page 34, line 38, at end insert--
 
    ("(4A)  The following provisions come into force as respects Wales on such day as the National Assembly for Wales may appoint by order--
    (a)  sections 1 to 3;
    (b)  sections 7 and 8
    (c)  section 9 (so far as not brought into force by subsection (3));
    (d)  sections 13 and 14;
    (e)  section 21, so far as it gives the National Assembly for Wales power to give directions under section 28M(1) or (1B) of the 1995 Act or makes provision in relation to such a direction;
    (f)  subsections (1) and (6) of section 41 (but only in so far as they relate to the provisions mentioned in paragraphs (g) to (i));
    (g)  in Part I of Schedule 7--
          (i)  paragraphs 1, 5, 13 and 14; and
          (ii)  paragraph 6 to 12 and 16 (so far as not brought into force by subsection (3));
    (h)  in Part II of that Schedule, paragraphs 17 to 19; and
    (i)  in Schedule 8, the entries relating to--
          (i)  the Disabled Persons (Services, Consultation and Representation) Act 1986; and
          (ii)  section 325(1) of, and Schedule 27 to, the Education Act 1996.")
 
     Page 34, line 39, leave out subsection (5) 
     Page 35, line 3, leave out ("subsection (5)") insert ("this section--
    (a)  must be made by statutory instrument; and
    (b)")  
 
     Page 35, line 4, at end insert--
 
    ("(7A)  Subsection (7B) applies to an order bringing any provision made by--
    (a)  section 27, or
    (b)  paragraph 2 or 6 of Schedule 4,
into force.
 
    (7B)  The order may, in particular, include provision for the duty imposed by section 28T(1) of the 1995 Act to have effect with such modifications as may be specified in the order for a period which ends--
    (a)  on a date so specified; or
    (b)  on the making by the Secretary of State of an order made by statutory instrument bringing the period to an end.")
 
  
Schedule 3
 
  
BY THE BARONESS BLACKSTONE
 
     Page 39, line 19, leave out ("section") and insert ("sector") 
  
Schedule 4
 
  
BY THE BARONESS BLACKSTONE
 
     Page 40, line 41, leave out ("terms on") and insert ("services") 
     Page 40, line 42, after ("provide") insert--
 
    ("(  )  Services", in relation to a course, means")
 
     Page 42, line 16, leave out ("terms on") and insert ("services") 
     Page 42, line 16, after second ("provide") insert--
 
    ("(  )  Services", in relation to a course, means")
 
 
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Prepared 16 January 2001