Local Government Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 120

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.
 

Clause 121

 

THE BARONESS BLATCH
THE LORD PALMER

 The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill.
 

After Clause 121

 

THE BARONESS BLATCH

221FInsert the following new Clause—
  "Sex education: code of practice
(1)  The Secretary of State must, within six months of the day on which this Act is passed, make a code of practice in connection with the exercise by local authorities of any function which may affect the provision of relevant education in maintained schools which they maintain.
(2)  The code must, in particular, include provision relating to—
(a)  the establishment of a mechanism for consulting registered parents of registered pupils in maintained schools about the manner of provision of education in accordance with section 403 of the Education Act 1996 (sex education: manner of provision) and the contents of any written statement made in pursuance of section 404(1)(a) of that Act (sex education: statements of policy);
(b)  the full disclosure to registered parents of registered pupils in maintained schools of—
(i)  the materials used in the provision of relevant education, and
(ii)  the names and qualifications of any person or persons, other than teachers employed in the school, providing or assisting in providing relevant education; and
(c)  the terms and conditions under which any person falling within paragraph (b)(ii) above may provide or assist in providing relevant education.
(3)  The Secretary of State may from time to time revise the whole or any part of a code of practice made under this section.
(4)  Before preparing a draft code of practice under this section or any draft revisions of such a code, the Secretary of State shall consult with—
(a)  persons whom he considers to represent the interests of registered parents of registered pupils at maintained schools;
(b)  persons whom he considers to represent the interests of foundation or voluntary controlled schools which have a religious character;
(c)  such other persons as he thinks fit.
(5)  The Secretary of State shall lay any code of practice made by him under this section, and any revision of any such code, before Parliament.
(6)  It shall be the duty of local authorities in exercising any function which may affect the provision of relevant education in maintained schools to have regard to the code and to exercise those functions with a view to securing that every maintained school which they maintain has regard to the code.
(7)  The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(8)  For the purposes of this section—
(a)  "materials" includes, but is not limited to, any book, teaching aid, visual or photographic material, video, or computer programme;
(b)  "relevant education" means education about sex or sexuality;
(c)  "registered" means shown in the register kept under section 434 of the Education Act 1996 (registration of pupils) and the Education (Pupil Registration) Regulations 1995."
 

THE LORD BRIGHTMAN
THE LORD NORTHBOURNE

222Insert the following new Clause—
  "Promotion of particular sexual lifestyles
(1)  Subject to the general principle that the institution of marriage is to be supported, a local authority shall not encourage, or publish material intended to encourage, the adoption of any particular sexual lifestyle.
(2)  This section does not prohibit the provision for young persons of sex education or counselling services on sexual behaviour and associated health risks."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

222AInsert the following new Clause—
  "Open space
  Schedule (Amendments relating to open space) has effect in order to clarify the meaning of "open space" in certain legislation and to amend provisions relating to the appropriation or disposal of open space by local authorities."
 

Clause 122

 

THE LORD ROOKER

223Page 74, line 18, at end insert—
"(   )  No—
(a)  order under this Act which, in exercise of the power under subsection (1)(b) to make incidental or supplementary provision, amends or repeals any enactment contained in an Act, or
(b)  regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,
  shall be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations (whether containing the order, or regulations, alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
224Page 74, line 21, leave out from "instrument" to "shall" in line 22 and insert "that—
(a)  contains an order or regulations under this Act, and
(b)  is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

225Page 74, line 22, after "sections" insert "3(5), 9 to 11,"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

226Page 74, line 23, at end insert—
"(5A)  A statutory instrument containing an order or regulations made under subsection (1)(b) which amends or repeals any enactment shall be subject to approval by both Houses of Parliament."
 

Schedule 6

 

THE BARONESS O'CATHAIN
THE BARONESS BLATCH

226APage 101, line 41, at end insert—
 

"Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 2 after "sex cinema" there is inserted ", a lap dancing club"."
 

THE LORD ROOKER

227Page 103, line 24, at end insert—
"(1A)  In subsection (3), for "(9A)" there is substituted "(9AA)"."
228Page 103, line 30, at end insert—
"(4)  After subsection (9A) there is inserted—
    "(9AA)  The power of the Secretary of State to make an order under paragraph 5G of Schedule 9 shall be exercisable by statutory instrument, and no such order shall be made by him unless a draft of it has been laid before and approved by resolution of each House of Parliament.""
 

THE LORD MORGAN
THE BARONESS GALE

228APage 107, line 14, leave out paragraph 41 and insert—
      "In section 11 (discounts)—
(a)  in subsection (2), for "section 12" there is substituted "section 11A"; and
(b)  in subsection (3), the words "and section 12 below" are omitted."
228BPage 107, line 15, at end insert—
      "In section 13 (reduced amounts), in subsection (3) the words "or 12" are omitted."
228CPage 108, line 13, at end insert—
"(b)  the words "or 12(1)" are omitted"
228DPage 108, line 15, at end insert—
"(b)  the words "or 12(1)" are omitted"
 

THE LORD ROOKER

229Page 109, line 22, at end insert—
    "53A   In Schedule 13 (minor and consequential amendments), in paragraph 80 (amendments of section 143 of the Local Government Finance Act 1988)—
(a)  sub-paragraph (1) is omitted, and
(b)  in sub-paragraph (2), for "that section" there is substituted "section 143 of that Act (orders and regulations)"."
 

Schedule 7

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

230Page 113, line 26, column 2, at end insert—
  "Schedule 13."
 

THE LORD MORGAN
THE BARONESS GALE

230APage 114, line 35, column 2, after "Sections" insert "12,"
 

THE LORD ROOKER

231Page 114, line 39, column 2, after "paragraphs" insert "80(1),"
 

Clause 127

 

THE LORD ROOKER

232Page 75, line 26, after "9(1)," insert "24(1), (1A) and (4),"
233Page 75, line 26, after "50(1)" insert ", 53A"
234Page 75, line 30, at end insert—
"(   )  Schedule 9 to the Local Government Finance Act 1988 (c. 41), and
(   )  paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),"

 
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20 June 2003