Section 28

Section 28 of the Local Government Act 1988 was an anti-gay piece of legislation, which came into law on 24 May 1988 and was repealed on 21 June 2000 in Scotland, and on 18 November 2003 in England and Wales (it did not apply to Northern Ireland). Section 28 added a new Section 2A ot the Local Government Act 1986 as follows:

2A Prohibition on promoting homosexuality by teaching or by publishing material

(1) A local authority shall not—

(a) intentionally promote homosexuality or publish material with the intention of promoting homosexuality;

b) promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.

2) Nothing in subsection (1) above shall be taken to prohibit the doing of anything for the purpose of treating or preventing the spread of disease.

3) In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.

(4) In subsection (1)(b) above “maintained school” means,—

(a) in England and Wales, a county school, voluntary school, nursery school or special school, within the meaning of the Education Act 1944; and

(b) in Scotland, a public school, nursery school or special school, within the meaning of the Education (Scotland) Act 1980.