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| Clause 13, page 6, line 34, leave out ‘failing to fulfil the duty imposed’ and insert |
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| ‘not exercising the right conferred’. |
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| Clause 13, page 6, line 37, at end insert— |
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| | ‘(1A) | Where a local education authority— |
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| | (a) | itself provides services in exercise of its functions under section 54(1), |
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| | (b) | receives a notice under subsection (1) relating to a person to whom this |
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| | Part applies who belongs to the area of another local education authority, |
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| | | it must as soon as reasonably practicable give notice to the service provider for |
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| | the other local education authority of the circumstances notified to it under |
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| | (1B) | Subsection (1C) applies where, in exercise of its functions under section 54(3)(b), |
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| | a local education authority makes arrangements with another person (“the |
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| | provider”) for the provision of services. |
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| | (1C) | The arrangements must secure that, as soon as reasonably practicable after |
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| | receiving a notice under subsection (1) relating to a person to whom this Part |
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| | applies who belongs to the area of another local education authority, the provider |
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| | gives notice to the service provider for the other local education authority of the |
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| | circumstances notified to the provider under subsection (1).’. |
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| Clause 13, page 7, line 16, after ‘authority’ insert ‘itself’. |
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| Clause 13, page 7, line 17, after ‘under’ insert ‘subsection (1) of’. |
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| Clause 13, page 7, line 18, leave out ‘those functions’ and insert ‘its functions |
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| under subsection (3)(b) of that section’. |
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| Clause 13, page 7, line 19, leave out ‘such’. |
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| Clause 14, page 7, line 29, after ‘authority’, insert ‘provided that the relevant pupil |
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| or student has given written consent for the information to be provided.’. |
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| Clause 14, page 7, line 36, at end insert— |
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| | ‘(3A) | Any pupil or student to whom subsection (1) applies shall have the right to |
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| | examine any relevant information requested by a local authority before that |
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| | information is provided by the responsible person to the authority.’. |
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| Clause 14, page 7, line 36, at end insert— |
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| | ‘(3A) | Any pupil or student to whom subsection (1) applies shall be given the |
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| | opportunity to correct any relevant information regarded by him as inaccurate, |
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| | subject to the agreement of the responsible person. |
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| | (3B) | For the purposes of subsection (3A), when agreement cannot be reached between |
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| | the pupil or student and the responsible person the Information Commissioner |
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| | shall decide what correction, if any, should be made to the relevant information.’. |
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| Clause 14, page 7, line 43, leave out ‘instructed the responsible person not’ and |
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| insert ‘not given written consent to the responsible person’. |
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| Clause 57, page 30, line 34, at beginning insert ‘Subject to the written consent of |
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| Clause 57, page 30, line 37, at end insert ‘to the extent that fulfilling such duty |
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| conforms to Article 8 of the European Convention on Human Rights.’. |
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| Clause 15, page 8, line 4, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the Secretary of State |
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| | regards the provision of the information to be proportionate to the aims of the |
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| | local education authority in the exercise of its functions under this Part.’. |
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| Clause 15, page 8, line 4, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the local education |
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| | authority requesting the information regards the provision of the information to |
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| | be proportionate to the aims of the local education authority in the exercise of its |
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| | functions under this Part.’. |
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| Clause 15, page 8, line 4, at end insert— |
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| | ‘( ) | Information may only be supplied under subsection (1) if the person to whom the |
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| | information relates has given written consent that such information can be |
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| Clause 61, page 33, line 6, leave out from ‘authority’ to ‘in’ in line 7. |
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| Clause 61, page 33, line 8, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the person to whom the |
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| | information relates has given written consent that such information can be |
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| Clause 61, page 33, line 8, at end insert— |
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| | ‘(1A) | Any person about whom information is supplied under subsection (1) shall have |
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| | the right to examine any relevant information requested by a local authority or |
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| | other person before that information is provided by the Secretary of State to the |
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| | authority or other person.’. |
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| Clause 61, page 33, line 8, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the Secretary of State |
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| | regards the provision of the information to be proportionate to the aims of the |
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| | local education authority for the purpose of the provision of services in pursuance |
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| | of section 54 or 56(1)(b).’. |
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| Clause 61, page 33, line 19, after ‘unless’ insert ‘consent has been given by the |
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| person to whom the information relates and’. |
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| Clause 16, page 8, line 44, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the relevant person or |
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| | body mentioned in subsection (2) regards the provision of the information to be |
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| | proportionate to the fulfilment of the aims of the local education authority in the |
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| | exercise of its functions under this Part.’. |
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| Clause 16, page 8, line 44, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the local education |
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| | authority requesting the information regards the provision of the information to |
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| | be proportionate to the aims of the local education authority in the exercise of its |
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| | functions under this Part.’. |
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| Clause 16, page 8, line 44, at end insert— |
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| | ‘( ) | Information may only be supplied under subsection (1) if the person to whom the |
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| | information relates has given written consent that such information can be |
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| Clause 16, page 8, line 44, at end insert— |
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| | ‘( ) | The provisions of section 15(4), (5), (6) and (7) shall apply to any person to whom |
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| | information is supplied under subsection (1).’. |
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| Clause 16, page 9, leave out lines 3 and 4. |
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| Clause 16, page 9, line 7, at end insert— |
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| | ‘(2A) | Any person about whom information is supplied under subsection (1) shall have |
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| | the right to examine any relevant information requested by a local authority from |
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| | a responsible person or body before that information is provided to the |
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| Clause 16, page 9, line 7, at end insert— |
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| | ‘(3A) | Any person about whom information is supplied under subsection (1) shall be |
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| | given the opportunity to correct information regarded by him as inaccurate, |
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| | subject to the agreement of the relevant person or body supplying the information. |
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| | (3B) | For the purpose of subsection (3A), when agreement cannot be reached on any |
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| | correction to the information, the Information Commissioner shall decide what |
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| | correction, if any, should be made to the relevant information.’. |
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| Clause 62, page 34, line 5, at end insert— |
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| | ‘(1A) | The provisions of section 61(4), (5), (6) and (7) shall apply to any person to whom |
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| | information is supplied under subsection (1).’. |
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| Clause 62, page 34, line 5, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the person to whom the |
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| | information relates has given written consent that such information can be |
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| Clause 62, page 34, line 5, at end insert— |
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| | ‘(1A) | Information may only be supplied under subsection (1) if the request for |
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| | information is proportionate to the purpose of providing services in pursuance of |
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| | section 54 or 56(1)(b).’. |
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| Clause 62, page 34, leave out lines 9 to 13. |
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| Clause 62, page 34, line 13, at end insert— |
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| | ‘(2A) | Any person to whom subsection (1) applies shall be given the opportunity to |
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| | correct any information regarded by him as inaccurate subject to the agreement |
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| | of the persons or bodies referred to in subsection (2). |
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| | (2B) | For the purpose of subsection (2A), when agreement cannot be reached on any |
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| | correction to the information, the Information Commissioner shall decide what |
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| | correction, if any, should be made to the information.’. |
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| Clause 62, page 34, line 13, at end insert— |
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| | ‘(2A) | A person about whom information is supplied under subsection (1) shall have the |
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| | right to examine any relevant information requested before that information is |
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| Page 34, line 1, leave out Clause 62. |
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| Clause 18, page 10, line 20, at end insert ‘and such guidance shall be placed in the |
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| Library of the House of Commons and notice given of the publication of the guidance by |
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| written Ministerial statement.’. |
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| Clause 20, page 11, line 4, after ‘constituting’, insert ‘sufficient’. |
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