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

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Clause 27
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
167     Page 26, line 37, leave out ("substantial") 
  
BY THE LORD RIX
THE BARONESS DARCY DE KNAYTH
 
168     Page 26, line 43, at end insert--
 
    ("(  )  Regulations may make provision, for the purposes of this section--
    (a)  as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;
    (b)  as to steps which it is always reasonable for a responsible body to have to take;
    (c)  as to circumstances in which is is not reasonable for a responsible body to have to take steps of a prescribed description;
    (d)  as to steps which it is never reasonable for a responsible body to have to take.
    (  )  In order to comply with its duty under subsection (1), a responsible body may in particular take steps to--
    (a)  adjust premises;
    (b)  adjust course content, including work placements;
    (c)  adjust teaching arrangements;
    (d)  provide or arrange transport to and from a further education institution;
    (e)  provide or arrange additional teaching;
    (f)  provide or arrange communication support or services;
    (g)  provide or arrange materials and information in alternative formats;
    (h)  provide or arrange staff training;
    (i)  employ support workers;
    (j)  change policies, practices and procedures.")
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
169     Page 26, line 44, leave out from beginning to end of line 20 on page 27 
170     [Withdrawn] 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
171     Page 27, line 5, at end insert--
    ("(  )  any grants available to the institution in order to facilitate the education of disabled students;")
 
  
BY THE BARONESS BLATCH
 
172     Page 27, line 20, at end insert ("including, without prejudice to the generality of the foregoing, the consideration that the interest of disabled pupils, other pupils' and other such persons' interests will depend in part on the proportion that disabled students constitute of the total number of students in any one institution") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
173     Page 27, line 23, leave out subsection (4) 
  
Clause 29
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
174     Page 28, line 22, leave out from ("made") to end of line 24 and insert ("to the Special Educational Needs and Disability Tribunal in England and Wales and to industrial tribunals in Scotland") 
  
BY THE BARONESS SHARP OF GUILDFORD
 
175     Page 28, line 24, at end insert--
 
    ("(1A)  If the Tribunal considers that a claim under subsection (1) is well founded, it shall take such of the following steps as it considers just and equitable--
    (a)  naming a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
    (b)  ordering that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates; and
    (c)  ordering the respondent to pay compensation to the complainant.
    (1B)  Where a tribunal orders compensation under subsection (1A)(c), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
176     Page 28, line 28, leave out ("injury to feelings") and insert ("any personal offence caused") 
  
BY THE BARONESS SHARP OF GUILDFORD
 
177     Page 28, leave out lines 30 to 36 
  
BY THE EARL MAR AND KELLIE
 
178     Page 28, line 35, leave out ("(as the case may be)") and insert ("(in Scotland)") 
  
Clause 30
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill. 
  
Clause 31
 
  
BY THE BARONESS BLACKSTONE
 
179     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 32
 
  
BY THE EARL MAR AND KELLIE
 
180     Page 30, line 6, leave out ("disabled person") and insert ("person with a physical, mental, emotional or psychological disability") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
181     Page 30, line 14, after ("employed") insert ("in respect of that research") 
  
Clause 35
 
  
BY THE EARL MAR AND KELLIE
 
182     Page 31, line 2, leave out ("codes of practice") and insert ("a code of practice for England and Wales and a separate code of practice for Scotland") 
183     Page 31, line 12, leave out ("codes of practice") and insert ("a code of practice for England and Wales and a separate code of practice for Scotland") 
184     Page 31, line 17, at end insert (",  or
    (c)  promoting the involvement of such persons in decisions that affect them (without prejudice to the generality of this subsection, it shall be presumed that such persons include a person under the age of 18 years)")
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
185     Page 31, line 18, at end insert--
 
    ("(  )  In preparing codes of practice under subsections (1) and (1A), the Disability Rights Commission shall consult others, including--
    (a)  those to whom the practical guidance may apply; and
    (b)  organisations of disabled people.")
 
  
Clause 37
 
  
BY THE BARONESS DARCY DE KNAYTH
THE LORD RIX
 
186     Page 32, line 39, at end insert--
 
    ("(  )  In subsection (3) of section 19, at end insert--
    (i)  the provision of work experience placements to students.".")
 
  
BY THE BARONESS BLACKSTONE
 
187     Page 33, line 2, leave out ("Chapter II of") 
188     Page 33, line 2, at end insert--
 
    ("(  )  In subsection (1) of section 57 (aiding unlawful acts), for "act made unlawful by this Act" substitute "unlawful act".
 
    (  )  After subsection (5) of that section, insert--
        (6)  Unlawful act" means an act made unlawful by any provision of this Act other than a provision contained in Chapter I of Part IV."")
 
189     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 39
 
  
BY THE LORD ADDINGTON
THE LORD RIX
THE BARONESS BLATCH
 
190     Page 33, line 40, at end insert ("and in particular shall have regard to the needs of teachers in initial teacher training to understand and be prepared for the requirements of the Disability Discrimination Act 1995 and of Part IV of the Education Act 1996") 
 
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