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Baroness Blatch: My Lords, is it correct that the comparable measures contained in the DDA cover only minor alterations? The noble Baroness referred to the parts of the code of practice referring to what is reasonable and what is not. If that is the case, I would be much assuaged if some form of protection were put on to the face of the Bill. However, I must ask the noble Baroness once again: if the character of a building is put at risk by an alteration, the noble Baroness has said that that would prevent the alteration from being made. That assurance has not been put on the face of the Bill. Nothing in Clause 30 protects the character of a building. The noble Baroness may have said that, but such an assurance is not contained in the legislation. Can the noble Baroness help me on that point?

Baroness Blackstone: My Lords, the Bill does provide for the landlord reasonably to withhold consent. That is contained in new Section 28W and subsection (2)(c). I hope that that provides some reassurance to the noble Baroness.

I cannot answer her question about whether the DDA refers only to minor alterations. However, I shall certainly write to let her know the answer to that question.

Baroness Blatch: My Lords, I shall be grateful to receive a letter covering all the points that I raised in the course of moving this amendment. In the meantime, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 32 [Interpretation]:

Baroness Blackstone moved Amendment No. 141:



("(3) "Student" means a person who is attending, or undertaking a course of study at, an educational institution.").

On Question, amendment agreed to.

Clause 35 [Codes of practice]:

[Amendment No. 142 not moved.]

Baroness Blackstone moved Amendment No. 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,").

On Question, amendment agreed to.

[Amendment No. 144 not moved.]

20 Feb 2001 : Column 801

Baroness Blackstone moved Amendment No. 145:


    Page 32, leave out lines 17 and 18.

On Question, amendment agreed to.

[Amendment No. 146 not moved.]

Clause 40 [Expenses of Secretary of State]:

[Amendments Nos. 147 to 149 not moved.]

Clause 42 [Short title, interpretation, commencement and extent]:

[Amendments Nos. 150 and 151 not moved.]

Baroness Blackstone moved Amendment No. 152:


    Before Schedule 1, insert the following new schedule--

("SCHEDULE
AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
PART I
PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS

1. Schedule 27 to the 1996 Act (making and maintenance of statement of special educational needs) is amended as follows.
2. For paragraph 1 substitute--
"1.--(1) In this Schedule--
"statement" means a statement under section 324; and
"statutory review" means a re-assessment review or a periodic review.
(2) In this Schedule--
"periodic review" means a review conducted in accordance with section 328(5)(b); and
"re-assessment review" means a review conducted in accordance with section 328(5)(a)."
3. For paragraph 2 substitute--
"2.--(1) Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.
(2) If, following a statutory 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) But sub-paragraphs (1) and (2) are subject to sub-paragraphs (4) and (5).
(4) The copy of the proposed statement or amended statement shall not specify any prescribed matter.
(5) The copy of--
(a) the proposed statement, or
(b) if an amendment is proposed about any of the matters mentioned in subsection (4) of section 324, the amended statement,
shall not specify any matter in pursuance of that subsection.

20 Feb 2001 : Column 802


(6) When they serve a copy of the proposed statement or amended statement, the local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)--
(a) the arrangements under paragraph 3,
(b) the effect of paragraph 4, and
(c) the right to appeal under section 326.
(7) A notice under sub-paragraph (6) must contain such other information as may be prescribed."
4. In paragraph 3, in sub-paragraph (1), for the words from "a parent" to "paragraph 2" substitute "a parent--
(a) on whom a copy of a proposed statement has been served under paragraph 2, or
(b) on whom a copy of a proposed amended statement has been served under that paragraph--
(i) following a re-assessment review, or
(ii) which contains a proposed amendment about the name of a school to be specified in the statement,"
5. In that paragraph, in sub-paragraph (2), for "paragraph 2(b)" substitute "paragraph 2(6)".
6. In that paragraph omit sub-paragraph (4).
7. After that paragraph, insert--
"Consultation on specifying name of school in statement
3A.--(1) Sub-paragraph (2) applies if a local education authority are considering--
(a) specifying the name of a maintained school in a statement, or
(b) amending a statement--
(i) if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,
(ii) if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.
(2) The local education authority shall--
(a) serve a copy of the proposed statement or amended statement on each affected body, and
(b) consult each affected body.
(3) "Affected body" means--
(a) the governing body of any school which the local education authority are considering specifying; and
(b) if a school which the local education authority are considering specifying is maintained by another local education authority, that authority."
8. In paragraph 4, in sub-paragraph (1)--
(a) after "proposed statement" insert "or amended statement";
(b) in paragraphs (a) and (b), for "statement" substitute "proposed statement or amended statement".

20 Feb 2001 : Column 803


9. In that paragraph, in sub-paragraph (2), after "sub-paragraph (1)(b)" insert "in relation to--
(a) a proposed statement, or
(b) an amendment proposed following a re-assessment review,".
10. In that paragraph, in sub-paragraphs (4)(a) and (5), for "paragraph 2(b)" substitute "paragraph 2(6)".
11. In paragraph 5, in sub-paragraph (1), after "make" insert "or amend".
12. In that paragraph, in sub-paragraph (2), for "The statement" substitute "If a local education authority make a statement, it".
13. After that sub-paragraph insert--
"(2A) If a local education authority amend a statement, the amended statement made may be in the form proposed or in a form modified in the light of the representations."
14. For paragraph 6, substitute--
"6.--(1) Where a local education authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.
(2) They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against--
(a) the description in the statement of the authority's assessment of the child's special educational needs,
(b) the special educational provision specified in the statement (including the name of a school specified in the statement), or
(c) if no school is named in the statement, that fact.
(3) A notice under sub-paragraph (2) must contain such other information as may be prescribed."
15. In paragraph 8(1)(b)--
(a) in sub-paragraph (ii), after "statement" insert "or amended statement"; and
(b) omit sub-paragraph (iii)
16. In paragraph 9--
(a) in sub-paragraph (1), omit "amend or" and "10 or"; and
(b) in sub-paragraph (2)--
(i) after paragraph (a), insert "or"
(ii) omit paragraph (b), the word "or after paragraph (c) and paragraph (d).
17. Omit paragraph 10.
PART II
Appeals against amendments to statementof special educational needs

18. Section 326 of the 1996 Act is amended as follows.
19. For subsection (1) substitute--
"(1) The parent of a child for whom a local education authority maintain a statement under section 324 may appeal to the Tribunal--
(a) when the statement is first made,
(b) if an amendment is made to the statement, or

20 Feb 2001 : Column 804


(c) if, after conducting an assessment under section 323, the local education authority determine not to amend the statement.
(1A) An appeal under this section may be against any of the following--
(a) the description in the statement of the local education authority's assessment of the child's special educational needs,
(b) the special educational provision specified in the statement (including the name of a school so specified),
(c) if no school is specified in the statement, that fact."
20. In subsection (2), for "paragraph 10" substitute "paragraph 2(2)".").

Lord Lucas moved, as an amendment to Amendment No. 152, Amendment No. 153:


    Line 73, after inserted sub-paragraph (2)(b) insert (", and


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