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General Duty In Public Sector Of Education

Volume 897: debated on Saturday 16 August 1975

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Lords amendment: No. 14, in page 17, line 35, after "performance" insert:

"by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance".

I beg to move, That this House doth agree with the Lords in the said amendment.

With this we may take the following Lords amendments: No. 15, in page 17, line 37, leave out from "Act" to end of line 38.

No. 16, in page 18, line 4, leave out from "Act" to end of line 5 and insert:
"(4) The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 and 23 under section 63 or otherwise (where the breach is also a contravention of either of those sections)."

These amendments are drafting amendments. It is the Government's policy that enforcement of the education clauses should rest in the first place with Education Ministers. The amendment ensures that the Secretary of State's power under Sections 68 and 69 of the Education Act 1944 can be used in cases where the obligation imposed by Clauses 22 and 23 has been breached, as well as in enforcing the duty imposed by subsection (1).

Question put and agreed to.

Subsequent Lords amendments agreed to.