Special Educational Needs and Disability Bill [H.L.] - continued        House of Lords
PART II, DISABILITY DISCRIMINATION IN EDUCATION - continued

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Enforcement procedure: Scotland.     23. In the 1995 Act, insert the following section-
 
 

"Enforcement: Scotland
Civil proceedings.     28N. - (1) A claim that a responsible body in Scotland-
 
 
    (a) has discriminated against a person in a way which is unlawful under this Chapter, or
 
    (b) is by virtue of section 58 to be treated as having discriminated against a person in such a way,
       may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty.
 
      (2) Proceedings in Scotland may be brought only in a sheriff court.
 
      (3) The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages.
 
      (4) Part III of Schedule 3 makes further provision about the enforcement of this Chapter and about procedure.
 
      (5) In relation to civil proceedings in Scotland, in that Part of that Schedule-
 
 
    (a) references to sections 28I, 28K and 28L, or any of them, are to be construed as a reference to this section;
 
    (b) references to the Tribunal are to be construed as references to the sheriff court."
Validity and revision of agreements of responsible bodies.     24. In the 1995 Act, insert the following section-
 
 

"Agreements relating to enforcement
Validity and revision of agreements of responsible bodies.     28P. - (1) Any term in a contract or other agreement made by or on behalf of a responsible body is void so far as it purports to-
 
 
    (a) require a person to do anything which would contravene any provision of, or made under, this Chapter,
 
    (b) exclude or limit the operation of any provision of, or made under, this Chapter, or
 
    (c) prevent any person from making a claim under this Chapter.
      (2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim-
 
 
    (a) under section 28I or 28N; or
 
    (b) to which section 28K or 28L applies.
      (3) On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).
 
      (4) No such order may be made unless all persons affected have been-
 
 
    (a) given notice of the application; and
 
    (b) afforded an opportunity to make representations to the court.
      (5) Subsection (4) applies subject to any rules of court providing for notice to be dispensed with.
 
      (6) An order under subsection (3) may include provision as respects any period before the making of the order."
 
Interpretation.     25. In the 1995 Act, insert the following section-
 
 

"Interpretation of Chapter I
Interpretation.     28Q. - (1) This section applies for the purpose of interpreting this Chapter.
 
      (2) "Disabled pupil" means a pupil who is a disabled person.
 
      (3) "Pupil"-
 
 
    (a) in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996; and
 
    (b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
      (4) Except in relation to Scotland (when it has the meaning given in section 135(1) of the Education (Scotland) Act 1980) "school" means-
 
 
    (a) a maintained school;
 
    (b) a maintained nursery school;
 
    (c) an independent school;
 
    (d) a special school which is not a maintained special school but which is approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996;
 
    (e) a pupil referral unit.
      (5) In subsection (4)-
 
 
    "maintained school" has the meaning given in section 20(7) of the School Standards and Framework Act 1998;
 
    "maintained nursery school" has the meaning given in section 22(9) of the School Standards and Framework Act 1998;
 
    "independent school" has the meaning given in section 463 of the Education Act 1996; and
 
    "pupil referral unit" has the meaning given in section 19(2) of the Education Act 1996.
      (6) "Responsible body" has the meaning given in section 28A(5).
 
      (7) "Governing body", in relation to a maintained school, means the body corporate (constituted in accordance with Schedule 9 to the School Standards and Framework Act 1998) which the school has as a result of section 36 of that Act.
 
      (8) "Parent", in relation to England and Wales, has the meaning given in section 576 of the Education Act 1996.
 
      (9) In relation to England and Wales "permitted form of selection" means-
 
 
    (a) if the school is a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, any form of selection mentioned in section 99(2) or (4) of that Act;
 
    (b) if the school is a maintained school which is so designated, any of its selective admission arrangements;
 
    (c) if the school is an independent school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
      (10) In relation to Scotland, "permitted form of selection" means-
 
 
    (a) if the school is managed by an education authority, such arrangements as have been approved by the Scottish Ministers for the selection of pupils for admission;
 
    (b) if the school is an independent school or a self-governing school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
      (11) In subsection (10), "education authority", "independent school" and "self-governing school" have the meaning given in section 135(1) of the Education (Scotland) Act 1980.
 
      (12) "City academy" means a school which is known as a city academy as a result of subsection (3) or (3A) of section 482 of the Education Act 1996.
 
      (13) "Accessibility strategy" and "accessibility plan" have the meaning given in section 28D.
 
      (14) "The National Assembly" means the National Assembly for Wales."
 
 
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