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 15
 
  
BY THE BARONESS BLATCH
 
103*     Page 16, line 20, at end insert ("if to do so would incur unreasonable expenditure") 
  
Clause 16
 
  
BY THE BARONESS BLATCH
 
104*     Page 17, line 1, leave out subsection (1) and insert--
 
    ("(1)  The Tribunal shall establish the procedures to be followed on a claim of unlawful discrimination under this Chapter, and shall take into consideration any advice on procedure offered by the Secretary of State.")
 
  
Clause 17
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
105*     Page 17, line 18, leave out ("may") and insert ("shall") 
106*     Page 17, line 18, at end insert ("or with the leave of the Tribunal, the child") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
107     Page 17, line 31, leave out from ("relates;") to end of line 33 and insert--
    ("(b)  includes the ability to order appropriate compensation in relation to the scale and type of discrimination proven."")
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS WILKINS
 
108     Page 17, line 31, leave out from ("relates;") to end of line 33 and insert--
    ("(b)  includes power to order the payment of compensation in exceptional circumstances, such as when provision for an educational need is not possible.")
 
  
BY THE BARONESS WILKINS
THE LORD RIX
 
109     Page 17, line 31, after ("relates") insert--
    ("(  )  may in particular take account of--
          (i)  any personal hurt experienced by the person concerned;
          (ii)  any experience denied the person concerned because of unlawful discrimination; and
          (iii)  any necessary changes to accessibility strategies and plans to ensure that the unlawful discrimination does not happen again;")
 
  
Clause 18
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
110*     Page 17, line 39, leave out from beginning to end of line 33 on page 18 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
111*     Page 17, line 41, insert--
    ("(  )  as to the circumstances in which the claim may be brought by a child.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
112*     Page 18, line 47, leave out from ("but") to the end of line 49, and insert ("the Secretary of State may direct, for a particular case, that provision in such proceedings shall correspond to all or part of that Part.") 
113*     Page 19, line 1, leave out ("The regulations may make provision") and insert ("The Secretary of State may direct, for a particular case,") 
  
Clause 21
 
  
BY THE LORD LUCAS
 
114     Page 20, line 44, leave out from ("in") to ("the") in line 45 
115     Page 21, line 24, leave out ("appear to it to be expedient") and insert ("are reasonable in all the circumstances") 
  
Clause 22
 
  
BY THE EARL OF MAR AND KELLIE
 
116     Page 22, line 16, at end insert--
 
    ("(  )  For the avoidance of doubt, it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.")
 
117     Page 22, line 20, leave out ("other than an award of damages") 
118     Page 22, line 20, leave out ("other than an award of damages") and insert ("including an award of damages in exceptional circumstances, such as when provision for an educational need is not possible") 
  
Clause 25
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
119*     Page 25, line 27, at end insert ("on the grounds of the disability") 
120*     Page 25, line 31, at end insert ("on the grounds of the disability") 
  
Clause 26
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
121     Page 27, line 5, after ("know") insert ("(and had allowed for disclosure by the student, parent or guardian)") 
  
BY THE BARONESS DARCY DE KNAYTH
 
122     Page 27, leave out lines 10 to 14 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
123     Page 27, line 13, after ("know") insert ("(and had allowed for disclosure by the student, parent or guardian)") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
124     Page 27, leave out lines 24 to 28 
  
Clause 27
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
125*     Page 28, line 1, leave out ("substantial") 
  
BY THE BARONESS BLACKSTONE
 
126     Page 28, line 8, leave out ("determining") and insert ("considering") 
127     Page 28, line 8, leave out ("a responsible body") and insert ("it") 
128     Page 28, line 10, leave out ("regard shall be had, in particular, to") and insert ("the factors to which a responsible body may have regard include") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
129*     Page 28, line 11, leave out from ("had") to end of line 29 and insert ("to the code of practice under section 53A") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
130*     Page 28, line 14, at end insert--
    ("(  )  any grants available to the institution in order to facilitate the education of disabled students;")
 
131*     Page 28, line 29, at end insert--
    ("including, without prejudice to the generality of the foregoing, the consideration that the interest of disabled students, other students' 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")
 
132*     Page 28, line 32, leave out from beginning to end of line 37 
  
After Clause 27
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
133*     Insert the following new Clause-- 
 ("DUTY TO INFORm 
     The responsible body for an educational institution must take such steps as are reasonable for it to have to taken to ensure that students are informed of their rights under Part IV of the Disability Discrimination Act.")Duty to inform.
  
Clause 29
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
134     Page 29, line 32, leave out from ("made") to end of line 34 and insert ("to employment tribunals in England and Wales") 
135     Page 29, line 34, 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)  making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
    (b)  recommending 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 the 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
 
136*     Page 29, line 38, leave out ("injury to feelings") and insert ("any personal offence caused") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
137     Page 29, leave out lines 40 and 41 
  
BY THE EARL OF MAR AND KELLIE
 
138     Page 30, line 2, leave out ("(as the case may be)") and insert ("(in Scotland)") 
  
BY THE BARONESS BLACKSTONE
 
139     Page 30, line 3, at end insert--
        ("(  )  The fact that a person who brings proceedings under this Part against a responsible body may also be entitled to bring proceedings against that body under Part II is not to affect the proceedings under this Part.")
 
  
Clause 30
 
  
BY THE BARONESS BLATCH
 
140*     Page 30, line 10, leave out Clause 30 
  
Clause 32
 
  
BY THE BARONESS BLACKSTONE
 
141     Page 31, leave out lines 16 to 22 and insert--
        ("(3)  Student" means a person who is attending, or undertaking a course of study at, an educational institution.")
 
  
Clause 35
 
  
BY THE EARL OF MAR AND KELLIE
 
142     Page 32, line 10, after ("practice") insert ("for England and Wales and separate codes of practice for Scotland") 
  
BY THE BARONESS BLACKSTONE
 
143     Page 32, line 10, after ("guidance") insert ("on how to avoid discrimination, or on any other matter relating to the operation of any provision of Part II, III or IV,") 
  
BY THE EARL OF MAR AND KELLIE
 
144     Page 32, line 16, at end insert ("or
    (  )  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 includes a person under the age of 18 years,")
 
  
BY THE BARONESS BLACKSTONE
 
145     Page 32, leave out lines 17 and 18 
  
BY THE EARL OF MAR AND KELLIE
 
146     Page 32, line 19, at end insert ("for England and Wales and separate codes of practice for Scotland") 
 
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Prepared 19 February 2001