Session 2012 - 13
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217

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 11 April 2013

 

For other Amendment(s) see the following page(s):

 

Children and Families Bill Committee 157-191, 193-207, 209-11 and 213-15

 

Public Bill Committee


 

Children and Families Bill

 

Jo Swinson

 

275

 

Clause  87,  page  57,  line  15,  leave out ‘made by the Secretary of State’ and insert

 

‘under section 75E’.

 

Jo Swinson

 

276

 

Clause  87,  page  61,  line  24,  leave out ‘made by the Secretary of State’ and insert

 

‘under section 75G’.

 

Jo Swinson

 

277

 

Clause  87,  page  65,  line  20,  leave out ‘75F(3) or (16)’ and insert ‘75F(16)’.

 

Jo Swinson

 

278

 

Clause  87,  page  65,  line  20,  leave out ‘75H(3), (16)’ and insert ‘75H(16)’.

 

Jo Swinson

 

279

 

Clause  110,  page  112,  line  37,  at end insert—

 

‘( )    

Section 96(3) and (4), so far as relating to paragraphs 3, 53 to 59 and 61 of

 

Schedule 7, extends to Northern Ireland.’.

 

Jo Swinson

 

280

 

Schedule  7,  page  171,  line  22,  leave out paragraph (a) and insert—

 

‘( )    

in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”;

 

( )    

in paragraph (a), the words “or (8)” are repealed.’.


 
 

Notices of Amendments: 11 April 2013                  

218

 

Children and Families Bill, continued

 
 

Jo Swinson

 

281

 

Schedule  7,  page  171,  line  28,  at end insert—

 

    ‘( )  

After sub-paragraph (7) there is inserted—

 

“(7A)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement or

 

expected placement of a child under section 22C of the

 

Children Act 1989, and

 

(b)    

in relation to that child, the member satisfies the conditions

 

prescribed under section 171ZB(2)(a)(i) and (ii) of the

 

Social Security Contributions and Benefits Act 1992, as

 

modified by section 171ZB(8) of that Act (cases involving

 

the placing of a child by a local authority in England with a

 

local authority foster parent who has been approved as a

 

prospective adopter).

 

    (7B)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth or

 

expected birth of a child, and

 

(b)    

in relation to that child, the member satisfies the conditions

 

prescribed under section 171ZB(2)(a)(i) and (ii) of the

 

Social Security Contributions and Benefits Act 1992, as

 

applied by virtue of section 171ZK(2) of that Act (cases

 

involving applicants for parental orders under section 54 of

 

the Human Fertilisation and Embryology Act 2008).” ’.

 

Jo Swinson

 

282

 

Schedule  7,  page  171,  line  31,  at end insert—

 

‘2A(1)  

Paragraph 5B (schemes that contain unfair adoption leave provisions) is

 

amended as follows.

 

      (2)  

In sub-paragraph (4) (definitions), in the definition of “period of paid adoption

 

leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or (8)”.

 

      (3)  

After sub-paragraph (6) there is inserted—

 

  “(7)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement or

 

expected placement of a child under section 22C of the

 

Children Act 1989, and

 

(b)    

in relation to that child, the member satisfies the condition

 

in section 171ZL(2)(a) of the Social Security Contributions

 

and Benefits Act 1992, as modified by section 171ZL(9) of

 

that Act (cases involving the placing of a child by a local

 

authority in England with a local authority foster parent

 

who has been approved as a prospective adopter).

 

      (8)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth or

 

expected birth of a child, and

 

(b)    

in relation to that child, the member satisfies the condition

 

in section 171ZL(2)(a) of the Social Security Contributions

 

and Benefits Act 1992, as applied by virtue of section

 

171ZT(2) of that Act (cases involving applicants for


 
 

Notices of Amendments: 11 April 2013                  

219

 

Children and Families Bill, continued

 
 

parental orders under section 54 of the Human Fertilisation

 

and Embryology Act 2008).” ’.

 

Jo Swinson

 

283

 

Schedule  7,  page  171,  line  31,  at end insert—

 

‘2B      

After paragraph 5B there is inserted—

 

“Unfair shared parental leave provisions

 

5C  (1)  

Where an employment-related benefit scheme includes any unfair

 

shared parental leave provisions (irrespective of any differences on

 

the basis of sex in the treatment accorded to members under those

 

provisions), then—

 

(a)    

the scheme shall be regarded to that extent as not

 

complying with the principle of equal treatment; and

 

(b)    

subject to sub-paragraph (3), this Schedule shall apply

 

accordingly.

 

      (2)  

In this paragraph “unfair shared parental leave provisions”, in

 

relation to an employment-related benefit scheme, means any

 

provision—

 

(a)    

which relates to continuing membership of, or the accrual

 

of rights under, the scheme during any period of paid

 

shared parental leave in the case of any member who is (or

 

who, immediately before the commencement of such a

 

period, was) an employed earner and which treats such a

 

member otherwise than in accordance with the normal

 

employment requirement; or

 

(b)    

which requires the amount of any benefit payable under the

 

scheme to or in respect of any such member, to the extent

 

that it falls to be determined by reference to earnings during

 

a period which included a period of paid shared parental

 

leave, to be determined otherwise than in accordance with

 

the normal employment requirement.

 

      (3)  

In the case of any unfair shared parental leave provision—

 

(a)    

the more favourable treatment required by paragraph 3(1)

 

is treatment no less favourable than would be accorded to

 

the member in accordance with the normal employment

 

requirement; and

 

(b)    

paragraph 3(2) does not authorise the making of any such

 

election as is there mentioned;

 

            

but, in respect of any period of paid shared parental leave, a member

 

shall only be required to pay contributions on the amount of

 

contractual remuneration or statutory shared parental pay actually

 

paid to or for the member in respect of that period.

 

      (4)  

In this paragraph—

 

“the normal employment requirement” is the requirement that any

 

period of paid shared parental leave shall be treated as if it were a

 

period throughout which the member in question works normally

 

and receives the remuneration likely to be paid for doing so;

 

“period of paid adoption leave” has the same meaning as in paragraph

 

5B;


 
 

Notices of Amendments: 11 April 2013                  

220

 

Children and Families Bill, continued

 
 

“period of paid paternity leave” has the same meaning as in paragraph

 

5A;

 

“period of paid shared parental leave”, in the case of a member, means

 

a period—

 

(a)    

throughout which the member is absent from work in

 

circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10)

 

applies, and

 

(b)    

for which the employer (or if the member is no longer in that

 

person’s employment, his former employer) pays the member

 

any contractual remuneration or statutory shared parental pay.

 

      (5)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth of a

 

child,

 

(b)    

the member is the mother of the child, and

 

(c)    

the absence from work is not absence on maternity leave

 

(within the meaning of the Equality Act 2010).

 

      (6)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth of a

 

child,

 

(b)    

the member is a person who satisfies the conditions

 

prescribed under section 171ZU(4)(b)(i) or (ii) of the

 

Social Security Contributions and Benefits Act 1992 in

 

relation to the child, and

 

(c)    

the member’s absence from work is not absence during a

 

period of paid paternity leave.

 

      (7)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement of

 

a child for adoption under the law of any part of the United

 

Kingdom,

 

(b)    

the member is—

 

(i)    

a person with whom a child is placed for adoption

 

under the law of any part of the United Kingdom,

 

or

 

(ii)    

a person who satisfies the conditions prescribed

 

under section 171ZV(4)(b)(i) or (ii) of the Social

 

Security Contributions and Benefits Act 1992 in

 

relation to the child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.

 

      (8)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement of

 

a child under section 22C of the Children Act 1989 by a

 

local authority in England with a local authority foster

 

parent who has been approved as a prospective adopter,

 

(b)    

the member is—

 

(i)    

the local authority foster parent with whom the

 

child in question is placed under section 22C of the

 

Children Act 1989, or


 
 

Notices of Amendments: 11 April 2013                  

221

 

Children and Families Bill, continued

 
 

(ii)    

a person who satisfies the conditions prescribed

 

under section 171ZV(4)(b)(i) or (ii) of the Social

 

Security Contributions and Benefits Act 1992, as

 

modified by section 171ZV(18) of that Act (cases

 

involving the placing of a child by a local authority

 

in England with a local authority foster parent who

 

has been approved as a prospective adopter), in

 

relation to the child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.

 

      (9)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the adoption or

 

expected adoption of a child who has entered the United

 

Kingdom in connection with or for the purposes of

 

adoption which does not involve placement of the child for

 

adoption under the law of any part of the United Kingdom,

 

(b)    

the member is—

 

(i)    

the person who has adopted or expects to adopt the

 

child in question, or

 

(ii)    

a person who satisfies the conditions prescribed

 

under section 171ZV(4)(b)(i) or (ii) of the Social

 

Security Contributions and Benefits Act 1992, as

 

applied by virtue of section 171ZZ5(1) of that Act

 

(adoption cases not involving placement under the

 

law of the United Kingdom), in relation to the

 

child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.

 

    (10)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth of a

 

child,

 

(b)    

the member is a person who has applied, or intends to

 

apply, for a parental order under section 54 of the Human

 

Fertilisation and Embryology Act 2008 in relation to the

 

child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.” ’.

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

284

 

Clause  73,  page  48,  line  43,  at beginning insert ‘If, after a consultation period of

 

not less than three months, and the publication of a response to the consultation, the

 

Secretary of State is satisfied with the provisions, he may make an order so that’.


 
 

Notices of Amendments: 11 April 2013                  

222

 

Children and Families Bill, continued

 
 

Mrs Sharon Hodgson

 

Lisa Nandy

 

285

 

Page  49,  line  12,  Leave out Clause 75.

 

Staff to child ratios: Ofsted-registered childminder settings

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Lucy Powell

 

NC38

 

To move the following Clause:—

 

‘(1)    

This section applies to Ofsted-registered childminder settings.

 

(2)    

The ratio of staff to children under the age of eight must be no less than one to

 

six, where—

 

(a)    

a maximum of three children may be young children;

 

(b)    

a maximum of one child is under the age of one.

 

(3)    

Any care provided by childminders for older children must not adversely affect

 

the care of children receiving early years provision.

 

(4)    

If a childminder can demonstrate to parents, carers and inspectors, that the

 

individual needs of all the children are being met, then in addition to the ratio set

 

out in subsection (2), they may also care for—

 

(a)    

babies who are siblings of the children referred to in subsection (2), or

 

(b)    

their own baby.

 

(5)    

If children aged between four and five years only attend the childminding setting

 

outside of normal school hours or the normal school term time, they may be cared

 

for at the same time as three other young children, provided that at no time does

 

the ratio of staff to children under the age of eight exceed one to six.

 

(6)    

If a childminder employs an assistant or works with another childminder, each

 

childminder or assistant may care for the number of children permitted by the

 

ratios specified in subsections (2), (4) and (5).

 

(7)    

Children may only be left in the sole care of a childminder’s assistant for two

 

hours in a single day.

 

(8)    

Childminders must obtain the permission of a child’s parents or carers before that

 

child can be left in the sole care of a childminder’s assistant.

 

(9)    

The ratios in subsections (2), (4) and (5) apply to childminders providing

 

overnight care, provided that the children are continuously monitored, which may

 

be through the use of electronic equipment.

 

(10)    

For the purposes of this section a child is—

 

(a)    

a “young child” up until 1 September following his or her fifth birthday.

 

(b)    

an “older child” after the 1 September following his or her fifth

 

birthday.’.

 

Staff to child ratios: Ofsted-registered non-domestic childminder

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Lucy Powell

 

NC39

 

To move the following Clause:—


 
 

Notices of Amendments: 11 April 2013                  

223

 

Children and Families Bill, continued

 
 

‘(1)    

This section applies to Ofsted-registered, non-domestic childcare settings.

 

(2)    

For children aged under two—

 

(a)    

the ratio of staff to children must be no less than one to three;

 

(b)    

at least one member of staff must hold a full and relevant level 3

 

qualification, and must be suitably experienced in working with children

 

under two;

 

(c)    

at least half of all other members of staff must hold a full and relevant

 

level 2 qualification;

 

(d)    

at least half of all members of staff must have received training in care

 

for babies; and

 

(e)    

where there is a dedicated area solely for children under two years old,

 

the member of staff in charge of that area must, in the judgement of their

 

employer, have suitable experience of working with children under two

 

years old.

 

(3)    

For children between the ages of two and three—

 

(a)    

the ratio of staff to children must be no less than one to four;

 

(b)    

at least one member of staff must hold a full and relevant level 3

 

qualification; and

 

(c)    

at least half of all other members of staff must hold a full and relevant

 

level 2 qualification.

 

(4)    

Where there is registered early years provision, which operates between 8 am and

 

4 pm, and a member of staff with Qualified Teacher Status, Early Years

 

Professional Status or other full and relevant level 6 qualification is working

 

directly with the children, for children aged three and over—

 

(a)    

the ratio of staff to children must be no less than one to 13; and

 

(b)    

at least one other member of staff must hold a full and relevant level 3

 

qualification.

 

(5)    

Where there is registered early years provision, which operates outside the hours

 

of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a member of

 

staff with Qualified Teacher Status, Early Years Professional Status or other full

 

and relevant level 6 qualification is not working directly with the children, for

 

children aged three and over—

 

(a)    

the ratio of staff to children must be no less than one to eight;

 

(b)    

at least one member of staff must hold a full and relevant level 3

 

qualification; and

 

(c)    

at least half of all other staff must hold a full and relevant level 2

 

qualification.

 

(6)    

In independent schools where—

 

(a)    

a member of staff with Qualified Teacher Status, Early Years

 

Professional Status or other full and relevant level 6 qualification;

 

(b)    

an instructor; or

 

(c)    

a suitably qualified overseas-trained teacher is working directly with the

 

children, for children aged three and over—

 

(i)    

for classes where the majority of children will reach the age of

 

five or older within the school year, the ratio of staff to children

 

must be no less than one to 30;

 

(ii)    

for all other classes the ratio of staff to children must be no less

 

than one to 13; and

 

(iii)    

at least one other member of staff must hold a full and relevant

 

level 3 qualification.

 

(7)    

In independent schools where there is—


 
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Revised 15 April 2013