HC Deb 27 March 1995 vol 257 cc740-1

`.—(1) It shall be the duty of an education authority to take all reasonable steps to ensure that a disabled person (including any disabled person who is a minor) shall not, for a reason which relates to the disabled person's disability, be treated less favourably than a person without the disability in being given access to the education which it provides.

(2) The duty under subsection (1) above extends to education and library boards in Northern Ireland.

(3) It shall be the duty of any statutory or incorporated body which provides higher or further education to take all reasonable steps to ensure that a disabled person shall not, for a reason which relates to the disabled person's disability, be treated less favourably than a person without the disability in being given access to the education which it provides.

(4) Schedule (Consequential Amendments Relating to Access to Education) shall have effect in relation to education authorities and bodies.

(5) It shall be unlawful for any charitable body or incorporated body of a kind prescribed under section 12 which provides education or educational services to treat a disabled person less favourably, for a reason which relates to the disabled person's disability, than a person without the disability in giving access to the education or educational services which it provides.'.—[Mr. Tom Clarke.]

Brought up, and read the First time.

6.45 pm
Mr. Tom Clarke (Monklands, West)

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With this, it will be convenient to discuss also the following: New clause 7—Code of Practice: Education—

  1. `.—(1) The Secretary of State may issue a code of practice containing such practical guidance as he considers appropriate with a view to eliminating discrimination against children with special educational needs in the field of education.
  2. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice and re-issue it.
  3. (3) Without prejudice to the generality of subsection (1), a code of practice may include practical guidance as to—
    1. (a) the circumstances in which it would be reasonable to place a child with special educational needs in a special school;
    2. (b) the overall planning of education for children with special educational needs; and
    3. (c) how access to education for children with special educational needs may be ensured.
  4. (4) It shall be the duty of a Local Education Authority in England and Wales, the Funding Agency for Schools, the Schools Funding Council for Wales, an Education Authority in Scotland and governing bodies of schools to have regard to the provisions of any code of practice issued pursuant to this section.
  5. (5) A code of practice issued pursuant to this section shall be admissible in evidence in any proceedings before a court.
  6. (6) The Secretary of State shall publish any code of practice for the time being in force.
  7. (7) In this section "special educational needs" shall have the same meaning as in section 156 of the Education Act 1993.'.

New clause 8—Further and higher education—

  1. '.—(1) The Secretary of State may issue codes of practice containing such practical guidance as he considers appropriate with a view to—
    1. (a) eliminating discrimination against disabled persons in the field of further and higher education;
    2. (b) encouraging good practice in relation to the further and higher education of disabled persons.
  2. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under subsection (1) and re-issue it.
  3. (3) Without prejudice to the generality of subsection (1) a code of practice issued under the provisions of this section may include practical guidance as to circumstances in which it would be reasonable, having regard in particular to the costs involved, for a further or higher education establishment to be expected to make adjustments in favour of a disabled person.
  4. (4) Further and higher education establishment authorities shall have regard to any code of practice in the exercise of their powers.
  5. (5) A code of practice shall be admissible as evidence in any proceedings under this Act before a county sheriff court.
  6. (6) If any provision of a code of practice appears to a court to be relevant to any question arising in any proceedings under this Act it shall be taken into account in determining that question.
  7. (7) In this section "code of practice" means a code issued by the Secretary of State under this section, and includes a code of practice which has been revised and reissued.'.

Amendment No. 47, in clause 12, page 9, leave out lines 17 to 41.

Amendment No. 5, in page 9, line 17, leave out 'to the contrary'.

Amendment No. 6, in page 9, line 18, leave out 'does not apply' and insert 'applies'.

Amendment No. 10, in page 9, leave out lines 30 to 33.

Amendment No. 11, in page 9, leave out lines 34 to 39.

Amendment No. 4, a new schedule—