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

back to previous amendments
 
  
Clause 22
 
  
BY THE BARONESS BLACKSTONE
 
29     Page 20, line 35, leave out ("in the exercise of a power conferred, or") 
30     Page 20, line 41, leave out ("the exercise of the power or") 
31     Page 21, line 14, leave out ("the exercise of the power, or") 
  
Clause 25
 
  
BY THE BARONESS BLACKSTONE
 
32     Page 24, line 2, at end insert ("; and
      (  )  in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.")
 
  
Clause 27
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
33     Page 26, line 41, after ("know") insert ("(and had allowed for disclosure by the student, parent or guardian)") 
34     Page 27, line 4, after ("know") insert ("(and had allowed for disclosure by the student, parent or guardian)") 
  
Clause 28
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
35*     Page 28, line 1, leave out from ("(1),") to end of line 20 and insert ("a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
36     Page 28, leave out lines 23 to 28 
  
BY THE BARONESS BLACKSTONE
 
37     Page 28, line 30, leave out from ("disabled") to end of line and insert ("person, which asks for the nature, or asks for the existence, of his disability to") 
  
Clause 30
 
  
BY THE EARL OF MAR AND KELLIE
 
38     Page 29, line 35, leave out ("(as the case may be)") and insert ("(in Scotland)") 
  
Clause 31
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
39*     Leave out Clause 31 
  
Clause 36
 
  
BY THE EARL OF MAR AND KELLIE
 
40     Page 31, line 36, after ("practice") insert ("for England and Wales and separate codes of practice for Scotland") 
41     Page 32, line 5, 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")
 
42     Page 32, line 6, at end insert ("for England and Wales and separate codes of practice for Scotland,") 
  
Clause 43
 
  
BY THE BARONESS BLACKSTONE
 
43     Page 36, line 2, leave out ("14") and insert ("14(3)") 
  
BY THE EARL OF MAR AND KELLIE
 
44     Page 37, line 2, at end insert--
 
    ("(  )  Part II, except sections 13 and 14, and Part III extend to Scotland.")
 
  
Schedule 1
 
  
BY THE BARONESS BLACKSTONE
 
45     Page 38, line 10, at end insert--
      (""amendment notice" has the meaning given in paragraph 2A;")
 
46     Page 38, line 11, leave out from ("324") to end of line 13 
47     Page 38, leave out lines 21 to 23 
48     Page 38, line 24, leave out ("sub-paragraphs (1) and (2) are") and insert ("that is") 
49     Page 38, line 26, leave out ("or amended statement") 
50     Page 38, line 29, leave out from ("statement") to end of line 31 
51     Page 38, line 32, leave out ("that subsection") and insert ("section 324(4)") 
52     Page 38, line 33, leave out from beginning to first ("the") in line 34 and insert-- 
 ("Amendments to a statement 
 
        2A.--(1) A local education authority shall not amend a statement except--
      (a)  in compliance with an order of the Tribunal,
      (b)  as directed by the Secretary of State under section 442(4), or
      (c)  in accordance with the procedure laid down in this Schedule.
        (2)  If, following a re-assessment review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.
        (3)  Sub-paragraphs (4) and (5) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).
        (4)  If, following a periodic review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned--
      (a)  a copy of the existing statement; and
      (b)  an amendment notice.
        (5)  If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.
        (6)  An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.
 
 Provision of additional information 
 
        2B.--(1) Sub-paragraph (2) applies when a local education authority serve on a parent--
      (a)  a copy of a proposed statement under paragraph 2,
      (b)  a copy of a proposed amended statement under paragraph 2A, or
      (c)  an amendment notice under paragraph 2A.
        (2)")
 
53     Page 38, line 39, leave out ("(6)") and insert ("(2)") 
54     Page 39, line 2, leave out from ("under") to ("which") in line 4 and insert ("paragraph 2A, or
      (  )  on whom an amendment notice has been served under paragraph 2A")
 
55     Page 39, line 4, leave out ("the name of a school") and insert ("--
            (i)  the type or name of a school or institution, or
            (ii)  the provision made for the child concerned under arrangements made under section 319,")
 
56     Page 39, line 7, leave out ("2(6)") and insert ("2B") 
57     Page 39, line 21, after second ("statement") and insert (", or of the existing statement and of the amendment notice,") 
58     Page 39, line 31, leave out paragraph (a) and insert--
    ("(a)  after "paragraph 2" insert ", or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A,";")
 
59     Page 39, line 33, leave out ("amended statement") and insert ("the statement as it will have effect if amended in the way proposed by the authority") 
60     Page 39, line 39, leave out ("2(6)") and insert ("2B") 
61     Page 39, line 44, after ("statement") insert ("following service of a proposed amended statement under paragraph 2A") 
62     Page 39, line 46, at end insert--
        ("(2B)  If a local education authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations."")
 
63     Page 40, line 36, leave out ("2(2)") and insert ("2A") 
  
Schedule 8
 
  
BY THE BARONESS BLACKSTONE
 
64     Page 52, leave out line 2 and insert--
 
    ("14.--(1) Paragraph 3 of Schedule 26 (manner and timing of assessments under section 323) is amended as follows.
 
    (2)  In sub-paragraph (2), for "paragraph 10" substitute "paragraph 2A".
 
    (3)  For sub-paragraphs (3) and (4)")
 
65     Page 52, line 22, at end insert-- 
 ("School attendance orders: amendment of statement of special educational needs 
     .--(1) Section 441 (amendment of statement on service of school attendance order) is amended as follows.
 
    (2)  In subsection (3)(a), omit "in accordance with paragraph 10 of Schedule 27".
 
    (3)  After that subsection, insert--
        (3A)  An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule)."")
 
66     Page 53, line 24, at end insert--
 
    ("(  )  In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).")
 
  
Schedule 9
 
  
BY THE BARONESS BLACKSTONE
 
67     Page 54, line 9, column 3, at end insert-- 
 ("In section 441(3)(a), the words "in accordance with paragraph 10 of Schedule 27".") 
68     Page 54, line 25, column 3, at end insert-- 
 ("In Schedule 30, paragraph 186(2)(b).")  
 
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Prepared 1 March 2001