House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

305

House of Commons

Thursday 18 April 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Children and Families Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [5 March 2013].

Mr Edward Timpson

That the Order of the Committee of 5 March 2013 be amended as follows—

1.  In paragraph (1)—

      (a) after sub-paragraph (h) omit ‘and’, and

      (b) after sub-paragraph (i) insert ‘and

          (j) at 11.30 am and 2.00 pm on Thursday 25 April;’.

2.  In paragraph (4) for ‘Tuesday 23 April’ substitute ‘Thursday 25 April’.

Mrs Sharon Hodgson

Lisa Nandy

170

Clause  64,  page  43,  line  28,  after ‘schools’, insert ‘institutions within the further

education sector’.

Mrs Sharon Hodgson

Lisa Nandy

171

Clause  64,  page  44,  line  3,  at end insert—

‘(v)
policies designed to promote the understanding of disability

amongst other pupils and the inclusion of disabled pupils in

lessons and activities.’.

Public Bill Committee: 18 April 2013
306

Children and Families Bill, continued

Annette Brooke

202

Clause  64,  page  44,  line  3,  at end insert—

‘(v)
progress made by children and young people with special

educational needs in language, literacy, communication and

numeracy;

(vi)
services contributed to or procured through section 30 [Local

offer for children and young people with special educational

needs].’.

Mrs Sharon Hodgson

Lisa Nandy

172

Clause  65,  page  44,  line  16,  leave out ‘19’ and insert ‘25’.

Mrs Sharon Hodgson

Lisa Nandy

174

Clause  65,  page  44,  line  17,  at end insert—

‘(1A)
Information collected and provided under subsection (2) should be published

including local and regional breakdowns.’.

Mrs Sharon Hodgson

Lisa Nandy

173

Clause  65,  page  44,  line  34,  leave out ‘19’ and insert ‘25’.

Mrs Sharon Hodgson

Lisa Nandy

176

Clause  65,  page  44,  line  39,  at end insert—

‘(4A)
In exercising his duties under subsection (4), the Secretary of State shall—

(a)
invite comment on the content and format of published information;

(b)
publish the comments received and any subsequent responses, in the

form of a report; and

(c)
provide an explanation of any year on year differences in the content and

format of the published information in an accompanying document.’.

Mrs Sharon Hodgson

Lisa Nandy

177

Clause  65,  page  45,  line  3,  leave out subsection (8).

Mr Robert Buckland

207

Clause  66,  page  45,  line  30,  leave out subsection (2) and insert—

Public Bill Committee: 18 April 2013
307

Children and Families Bill, continued

‘(2)
The Secretary of State must review and revise the code on a regular basis.’.

Mr Robert Buckland

208

Clause  67,  page  46,  line  1,  leave out subsection (2) and insert—

‘(2)
The Secretary of State must consult those parties listed in section 66, subsection

(1), about the draft and must consider any representations made by them.’.

Mrs Sharon Hodgson

Lisa Nandy

180

Clause  67,  page  46,  line  1,  leave out ‘such persons as the Secretary of State sees fit’

and insert ‘publicly, for a period of not less than 90 days’.

Mrs Sharon Hodgson

Lisa Nandy

181

Clause  67,  page  46,  line  2,  leave out ‘by them’ and insert ‘as part of that

consultation’.

Mr Robert Buckland

209

Clause  67,  page  46,  line  3,  leave out subsections (3) to (8) and insert—

‘(3)
A code, or revision of a code, does not come into operation until the Secretary of

State by order so provides.

(4)
The power conferred by subsection (3) shall be made by statutory instrument.

(5)
An order bringing a code or revision of a code, into operation may not be made

unless a draft order has been laid before and approved by resolution of each

House of Parliament.

(6)
When an order or draft of an order is laid, the code or revision of a code to which

is relates must also be laid.

(7)
No order or draft of an order may be laid until the consultation required by

subsection (2) has taken place.’.

Mr Robert Buckland

Mrs Sharon Hodgson

53

Page  47,  line  15,  leave out Clause 69.

Mr Robert Buckland

225

Page  138,  line  36,  leave out Schedule 3.

Public Bill Committee: 18 April 2013
308

Children and Families Bill, continued

Mr Edward Timpson

227

Schedule  3,  page  138,  line  39,  at end insert—

‘A1(1)
Section 6 (nursery schools and special schools) is amended as follows.

      (2)
Omit subsection (2).

      (3)
In the title, omit “and special schools”.

A2  (1)
Section 13 (general responsibility for education) is amended as follows.

      (2)
In subsection (3)(b) for “but under 25 and are subject to learning difficulty

assessment” substitute “and for whom an EHC plan is maintained”.

      (3)
Omit subsections (4) and (5).

A3
In section 13A (duty to promote high standards and fulfilment of potential), in

subsection (2)(b) for “but under 25 who are subject to learning difficulty

assessment” substitute “and for whom an EHC plan is maintained”.

A4  (1)
Section 15ZA (duty in respect of education and training for persons over

compulsory school age: England) is amended as follows.

      (2)
In subsection (1) for “but under 25 and are subject to learning difficulty

assessment” substitute “and for whom an EHC plan is maintained”.

      (3)
In subsection (3)(b) after “learning difficulties” insert “or disabilities”.

      (4)
In subsections (6) and (7) after “learning difficulty” insert “or disability”.

      (5)
For subsection (9) substitute—

“(9)
The duty in subsection (1) does not apply in relation to persons in a

local authority’s area who are subject to a detention order.”

A5
In section 15A (powers in respect of education and training for 16 to 18 year

olds), in subsection (3) for the words from “a local authority” to the end

substitute “—

(a)
a local authority in England must in particular have regard to

the needs of persons with learning difficulties or disabilities

(within the meaning of section 15ZA(6) and (7));

(b)
a local authority in Wales must in particular have regard to the

needs of persons with learning difficulties (within the

meaning of section 41(5) and (6) of the Learning and Skills

Act 2000).”

A6
In section 15B (functions in respect of education for persons aged over 19), in

subsection (3) for the words from “a local authority” to the end substitute “—

(a)
a local authority in England must in particular have regard to

the needs of persons with learning difficulties or disabilities

(within the meaning of section 15ZA(6) and (7));

(b)
a local authority in Wales must in particular have regard to the

needs of persons with learning difficulties (within the

meaning of section 41(5) and (6) of the Learning and Skills

Act 2000).”

A7
In section 18A (provision of education for persons subject to youth detention),

in subsection (2)—

(a)
in paragraph (b) omit “or learning difficulties (within the meaning of

section 15ZA(6) and (7))”, and

(b)
after that paragraph insert—

“(ba)
in the case of a local authority in England, any

learning difficulties or disabilities (within the

meaning of section 15ZA(6) and (7)) the persons may

have;

Public Bill Committee: 18 April 2013
309

Children and Families Bill, continued

(bb)
in the case of a local authority in Wales, any learning

difficulties (within the meaning of section 41(5) and

(6) of the Learning and Skills Act 2000) the persons

may have;”.’.

Mr Edward Timpson

228

Schedule  3,  page  139,  leave out lines 5 to 8.

Mr Edward Timpson

229

Schedule  3,  page  139,  line  8,  at end insert—

‘2A(1)
Section 312 (meaning of “special educational needs” and “special educational

provision” etc) is amended as follows.

      (2)
In subsections (1) and (2), after “child” insert “in the area of a local authority

in Wales”.

      (3)
In subsection (3A)—

(a)
in paragraph (a)—

(i)
omit “15ZA”, and

(ii)
for “, 15B and 507B” substitute “and 15B”, and

(b)
in paragraph (b), before “determining” substitute “a local authority in

Wales”.

      (4)
In subsection (4), after ““special educational provision”” insert “, in relation to

a child in the area of a local authority in Wales,”.’.

Mr Edward Timpson

230

Schedule  3,  page  139,  line  9,  leave out paragraph 3 and insert—

‘3  (1)
Section 313 (code of practice) is amended as follows.

      (2)
In subsections (1) and (4) for “Secretary of State” substitute “Welsh

Ministers”.

      (3)
In subsection (5)—

(a)
after “means” insert “the Special Educational Needs Tribunal for

Wales.”, and

(b)
omit paragraphs (a) and (b).

3A  (1)
Section 314 (making and approval of code) is amended as follows.

      (2)
In subsection (1)—

(a)
for “Secretary of State proposes” substitute “Welsh Ministers

propose”, and

(b)
for “he” substitute “they”.

      (3)
In subsection (2)—

(a)
for “Secretary of State” substitute “Welsh Ministers”,

(b)
for “he thinks” substitute “they think”, and

(c)
for “them” substitute “those persons”.

      (4)
For subsection (3) substitute—

“(3)
If the Welsh Ministers determine to proceed with the draft (either in its

original form or with such modifications as they think fit) they shall

lay it before the National Assembly for Wales.”

      (5)
In subsection (4)—

Public Bill Committee: 18 April 2013
310

Children and Families Bill, continued

(a)
for “each house, the Secretary of State” substitute “the National

Assembly for Wales, the Welsh Ministers”, and

(b)
for “the Secretary of State may” substitute “the Welsh Ministers

may”.’.

Mr Edward Timpson

231

Schedule  3,  page  139,  line  14,  at end insert—

      ‘()
In subsection (2) —

(a)
in paragraph (a), for sub-paragraph (ii) substitute—

“(ii)
the governing body of the school or, if the

school is in England, its head teacher,”, and

(b)
in paragraph (c), for sub-paragraph (ii) substitute—

“(ii)
the governing body of the school or, if the

school is in England, its head teacher,”.’.

Mr Edward Timpson

232

Schedule  3,  page  139,  line  16,  leave out ‘National Assembly for Wales’ and insert

‘Welsh Ministers’.

Mr Edward Timpson

233

Schedule  3,  page  139,  line  18,  leave out sub-paragraph (3) and insert—

      ‘()
In subsection (10)—

(a)
omit “, in relation to Wales,”, and

(b)
for “National Assembly for Wales” substitute “Welsh Ministers”.’.

Mr Edward Timpson

234

Schedule  3,  page  139,  line  18,  at end insert—

‘4A
In section 317 (duties of governing body or local authority in relation to pupils

with special educational needs), in subsection (5)—

(a)
after “foundation special school shall” insert “include special needs

information in the report prepared under section 30(1) of the

Education Act 2002 (governors’ report).”, and

(b)
omit paragraphs (a) and (b).

4B  (1)
Section 318 (provision of goods and services in connection with special

educational needs) is amended as follows.

      (2)
Omit subsections (3) and (3A).

      (3)
In subsection (3B) omit “in Wales” (in the first place it occurs).

      (4)
In consequence of the repeal made by sub-paragraph (2)—

(a)
in Schedule 30 to the School Standards and Framework Act 1998 omit

paragraph 75(4),

(b)
in the Education Act 2002, in section 194 omit subsection (2)(a), and

(c)
in Schedule 2 to the Childcare Act 2006, omit paragraph 21.

4C
In section 326 (appeal against contents of statement), in subsection (4)(c) for

the words from “in the case” to “in the proceedings” substitute “in the

proceedings the child has proposed the school”.

4D  (1)
Section 326A (unopposed appeals) is amended as follows.

      (2)
In subsection (1), for paragraph (a) substitute—



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