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| | Clause 81, page 63, line 29, leave out ‘, retention or disposal’ and insert ‘or |
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| | Clause 81, page 63, line 31, leave out ‘he proves that’. |
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| | Clause 81, page 63, line 31, leave out ‘, retention or disposal’ and insert ‘or |
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| | Clause 81, page 63, line 32, at end insert— |
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| | | ‘(2A) | A person who disposes of the item is not liable in any proceedings in respect of |
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| | | the disposal if the item could not reasonably be restored to its lawful owner, or if |
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| | | a pupil, to that pupil’s parent or guardian, without thereby facilitating the |
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| | | commission of an offence or of creating the possibility that further disciplinary |
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| | | action might need to be taken in relation to the pupil.’. |
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| | Clause 82, page 63, line 41, at end insert—
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| | ‘“force” means restrictive physical intervention that is proportionate to the relevant |
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| | circumstance as set out in section 80(1);’. |
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| | Clause 82, page 64, line 4, at end insert ‘with the exception of a pupil at the school’. |
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| | Clause 84, page 64, line 36, after ‘regulate’, insert ‘or otherwise impose standards |
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| | Clause 84, page 64, line 36, at end insert— |
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| | | ‘(1C) | For the purposes of subsection (1A) when determining whether the imposition is |
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| | | reasonable the local education authority or the governing body must take account |
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| | | of any special circumstances which are known to it (or of which it ought |
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| | | reasonably to have been aware), including in particular— |
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| | | (a) | any special educational needs the child may have, and |
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| | | (b) | any disability the child may have.’. |
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| | Clause 84, page 64, line 37, at end insert— |
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| | | ‘(3A) | In subsection (6), after paragraph (b) insert— |
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| | | “(c) | in a case falling within subsections (1), (1A) or (2), is to improve |
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| | | the well-being of the pupil.”.’. |
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| | Clause 84, page 64, line 37, at end insert— |
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| | | ‘(3B) | After subsection (6) insert— |
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| | | “(6A) | In subsection (6)(c) ‘well-being’, in relation to children and young |
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| | | people, is a reference to their well-being having regard to the matters |
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| | | mentioned in section 10(2) of the Children Act 2004 (c. 31).”.’. |
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| | Clause 85, page 65, line 15, at end insert ‘and |
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| | | ‘(c) | the relevant body has taken full account of— |
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| | | (i) | any special educational needs the child may have, and |
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| | | (ii) | any disability the child may have.’. |
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| | Clause 85, page 65, line 29, after ‘behaviour’, insert ‘and well-being’. |
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| | Clause 85, page 65, line 35, at end insert— |
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| | | ‘(10) | In subsection (3)(b) “well-being”, in relation to children and young people, is a |
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| | | reference to their well-being having regard to the matters mentioned in section |
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| | | 10(2) of the Children Act 2004 (c. 31).’. |
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| | [Adjourned till tomorrow at 9.00 a.m. |
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| | | In Standing Committee Proceedings (Standing Committee E) for Tuesday 9th May |
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| | | 2006, page 183, Amendment 241 to Clause 61 should have been shown as “Withdrawn” |
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| | | rather than as “Not called”. |
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