House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

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in paragraph (a), the words “or (8)” are repealed.’.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