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Baroness Blackstone: My Lords, I am sorry that the noble Baroness is still not quite satisfied with my responses. As I explained on Report and in my letters, Section 28W in Clause 31 is essential to ensure that a provider of post-16 education cannot use the fact that a building is leased as an excuse not to make reasonable adjustments. Without this clause, the physical adjustment duty really would be very much weaker. As regards leasehold premises, the provisions in new Section 28W mirror those contained in Parts II and III of the DDA.
During our discussions on Report, the noble Baroness was particularly concerned that the provisions in Clause 31 would allow a college to make major changes to the structure of a leased building; for example, the major strengthening of floors or the
The existing code of practice on Part II of the DDA includes guidance which makes it clear that it would almost certainly be reasonable for the landlord of a building to withhold his consent where it was likely to result in a substantial permanent reduction in the value of the landlord's interest.
I know that the noble Baroness is concerned to know how that provision has operated under the DDA. I am afraid that I cannot provide her with very much information about that but I am happy to write to her about it.
The code also clearly states that where a particular adjustment would cause considerable disruption or inconvenience to other tenants, the landlord would be likely to be acting reasonably in withholding consent. We expect the DRC to want to follow the guidance which it has already given in the Part II code when preparing the new disability code of practice.
As I have tried to make clear, whether consent can be withheld or whether conditions can be imposed where consent is given are governed under the existing DDA provisions by the test of reasonableness. I hope that all the detailed information that I have provided here will enable the noble Baroness to withdraw her amendment. However, I shall write to her about that issue to which I do not have an answer.
Baroness Blatch: My Lords, I should be grateful for a fuller written response to those questions which have not been answered. But "these provisions" being more limited refers to the provisions of the DDA as opposed to those contained in this legislation. They are mirrored and there is no distinction between the two. Secondly, I should be grateful if the noble Baroness will also cover in the letter whether there is a statutory obligation to seek consent. In the meantime, I beg leave to withdraw the amendment.
(""amendment notice" has the meaning given in paragraph 2A;").
Page 38, line 11, leave out from ("324") to end of line 13.
Page 38, leave out lines 21 to 23.
Page 38, line 24, leave out ("sub-paragraphs (1) and (2) are") and insert ("that is").
Page 38, line 26, leave out ("or amended statement").
Page 38, line 29, leave out from ("statement") to end of line 31.
Page 38, line 32, leave out ("that subsection") and insert ("section 324(4)").
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.
Page 38, line 39, leave out ("(6)") and insert ("(2)").
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").
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,").
Page 39, line 7, leave out ("2(6)") and insert ("2B").
Page 39, line 21, after second ("statement") and insert (", or of the existing statement and of the amendment notice,").
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,";").
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").
Page 39, line 39, leave out ("2(6)") and insert ("2B").
Page 39, line 44, after ("statement") insert ("following service of a proposed amended statement under paragraph 2A").
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."").
Page 40, line 36, leave out ("2(2)") and insert ("2A").
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)").
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)."").
Page 53, line 24, at end insert--
("( ) In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).").
Page 54, line 9, column 3, at end insert--
("In section 441(3)(a), the words "in accordance with paragraph 10 of Schedule 27".")
Page 54, line 25, column 3, at end insert--
("In Schedule 30, paragraph 186(2)(b).")