Croppy, I suppose the question would be what does actively promoting mean. Does it mean saying it is better than heterosexuality? Does it mean saying it's OK? This is the interpretation that councils have generally followed, with the result that the topic is not mentioned at all.
Research from South Bank university showed that an effect of this is that schools stay silent in the face of bullying and that all pupils suffer as a result. To quote from a report on the research:
The problem was explored in in-depth confidential interviews with teachers. "Because they do not know how to comply with section 28, they err on the side of caution. As a result, they choose to ignore homophobic harassment and bullying whenever possible. This creates a permissive environment in which pupils believe they can, and do, get away with it," said Debbie Epstein who led the interviews. "Boys struggle to avoid being called gay, poofter, bumboy, queer or whatever the local term is. Boys who work hard are often labelled as gay and this may deter them."
Great result.
Another point about the legislation is that the famous "promote" phrase is not all it says. It goes on:
(1) A local authority shall not- (b) promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.
Again, this declares open season on kids who have a gay parent (and there are many). If another kid starts up with a "your dad's a queer" there is little a teacher can do. They certainly can't say that the kid's family is just as good or acceptable as anyone elses. It's against the law.
This idea that lots of children are just waiting to be turned gay by teaching in schools strikes me as just mad. Most research suggests these things are just fixed, if not at birth then in very early childhood. The idea that secondary school teachers will influence it is just insane. To be slightly lighthearted about it, and if my school was anything to go by, some naffo teacher in leather elbow pads "promoting" a lifestyle to you would more likely have the opposite effect....