House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 18 April 2013
311

Children and Families Bill, continued

“(a)
the parent of a child, or a child, has appealed to the Tribunal

under section 325, 328, 329 or 329A or paragraph 8(3) of

Schedule 27 against a decision of a local authority, and”.

      (3)
In subsection (6)—

(a)
after “regulations made” insert “by the Welsh Ministers”, and

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

4E  (1)
Section 328A (appeal against determination of local authority in England not

to amend statement following review) is repealed.

      (2)
In consequence of the repeal made by sub-paragraph (1), section 2 of the

Children, Schools and Families Act 2010 is repealed.

4F  (1)
Section 329A (review or assessment of educational needs at request of

responsible body) is amended as follows.

      (2)
In subsection (14)—

(a)
after ““Relevant early years education”” insert “has the same meaning

as it has (in relation to Wales) in section 123 of the School Standards

and Framework Act 1998 except that it does not include early years

education provided by a local authority at a maintained nursery

school.”, and

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

      (3)
In subsection (15)—

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

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

      (4)
In consequence of the amendments made by sub-paragraph (2), in paragraph

22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph (4).

      (5)
Until the coming into force in relation to Wales of the amendments made by

paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A

of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph

(2)) there were substituted—

“(14)
“Relevant nursery education” has the same meaning as in section 123

of the School Standards and Framework Act 1998, except that it does

not include nursery education provided by a local authority at a

maintained nursery school.”

4G  (1)
Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended

as follows.

      (2)
In subsection (1) omit “Welsh”.

      (3)
In the title omit “Welsh”.

4H
In section 332ZB (notice and service of documents on a child in relation to an

appeal by the child), in subsection (1) omit “in Wales”.

4I  (1)
Section 332ZC (case friends—Wales) is amended as follows.

      (2)
In subsection (1), in paragraph (a) omit “in Wales”.

      (3)
In subsection (3), in paragraph (a) omit “Welsh”.

      (4)
In the title, omit “—Wales”.

4J  (1)
Section 332A (advice and information for parents—England) is repealed.

      (2)
In consequence of the repeal made by sub-paragraph (1), section 2 of the

Special Educational Needs and Disability Act 2001 is repealed.

      (3)
The repeals made by sub-paragraphs (1) and (2) do not affect the application

for the time being of section 332A to certain local authorities in Wales by

virtue of article 4(a) of the Education (Wales) Measure 2009 (Commencement

No 3 and Transitional Provisions) Order 2012 (SI 2012/320).

4K  (1)
Section 332AA (advice and information— Wales) is amended as follows.

Public Bill Committee: 18 April 2013
312

Children and Families Bill, continued

      (2)
In subsection (1) omit “in Wales”.

      (3)
In the title, omit “— Wales”.

4L  (1)
Section 332B (resolution of disputes—England) is repealed.

      (2)
In consequence of the repeal made by sub-paragraph (1), section 3 of the

Special Educational Needs and Disability Act 2001 is repealed.

      (3)
The repeals made by sub-paragraphs (1) and (2) do not affect the application

for the time being of section 332B to certain local authorities in Wales by

virtue of article 4(b) of the Education (Wales) Measure 2009 (Commencement

No 3 and Transitional Provisions) Order 2012 (SI 2012/320).

4M  (1)
Section 332BA (resolution of disputes—Wales) is amended as follows.

      (2)
In subsections (1) and (2) omit “in Wales”.

      (3)
In the title, omit “—Wales”.

4N  (1)
Section 332BB (independent advocacy services—Wales) is amended as

follows.

      (2)
In subsections (1) and (5) omit “in Wales”.

      (3)
In the title, omit “—Wales”.

4O  (1)
Sections 332C to 332E (information about children in England with special

educational needs) are repealed, and the cross-heading which precedes section

332C is omitted.

      (2)
In consequence of the repeals made by sub-paragraph (1), section 1 of the

Special Educational Needs (Information) Act 2008 is repealed.

4P
In the cross-heading which precedes section 333 (Special Educational Needs

Tribunal) after “Tribunal” insert “for Wales”.

4Q  (1)
Section 333 (constitution of Welsh Tribunal) is amended as follows.

      (2)
Omit subsection (1ZB).

      (3)
In the following provisions, omit “Welsh”—

(a)
subsection (1),

(b)
in subsection (2), paragraphs (a), (b) and (c),

(c)
in subsection (5), paragraph (a), and paragraph (b) (in the first place it

occurs), and

(d)
subsection (6) (in the second place it occurs).

      (4)
In the title, omit “Welsh”.

4R
In section 335 (remuneration and expenses), in subsection (1) and (2) omit

“Welsh” (in each case, in the second place it occurs).

4S  (1)
Section 336 (Tribunal procedure) is amended as follows.

      (1)
In the following provisions omit “Welsh”—

(a)
subsection (1) (in the second place it occurs),

(b)
in subsection (2), paragraphs (b), (o) and (p),

(c)
subsection (2A),

(d)
subsection (3) (in the second place it occurs), and

(e)
subsection (4) (in the first place it occurs).

      (2)
Omit subsection (5A).

      (3)
In subsection (6) omit “or (5A)”.

4T  (1)
Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is

amended as follows.

      (2)
In the following provisions, omit “Welsh”—

(a)
subsection (1) (in both places it occurs),

(b)
subsection (2), and

(c)
subsection (3).

Public Bill Committee: 18 April 2013
313

Children and Families Bill, continued

      (3)
In the title, omit “Welsh”.

4U
In section 336A (compliance with orders), in subsection (2)—

(a)
after “made” insert “by the Welsh Ministers with the agreement of the

Secretary of State.”, and

(b)
omit paragraphs (a) and (b).’.

Mr Edward Timpson

235

Schedule  3,  page  139,  line  29,  at end insert—

‘   (1)
Section 348 (provision of special education at non-maintained schools) is

amended as follows.

      (2)
In subsection (1) after paragraph (a) (and before the “and” which follows it)

insert—

“(aa)
the child is in the area of a local authority in Wales,”.

      (3)
In the title, at the end insert “—Wales”.’.

Mr Edward Timpson

236

Schedule  3,  page  140,  line  33,  at end insert—

‘11A (1)
Section 483A (city colleges and academies: special educational needs) is

amended as follows.

      (2)
In subsection (2), in paragraph (a) for “a statement is maintained under section

324” substitute “an EHC plan or a statement under section 324 is maintained”.

      (3)
In subsection (3), in paragraph (a) for “the statement” substitute “the EHC

plan”.

      (4)
In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the plan

or”.

11B
In section 507B (local authorities in England: functions in respect of leisure-

time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24),

in subsection (2)(b) after “learning difficulty” insert “or disability”.

11C
In section 508F (local authorities in England: provision of transport etc for

adult learners), in subsection (9) in the definition of “relevant young adult” for

“who is aged under 25 and is subject to learning difficulty assessment”

substitute “for whom an EHC plan is maintained”.

11D
In the title of section 508I (complaints about transport arrangements etc for

young adults subject to learning difficulty assessment: England), for “adults

subject to learning difficulty assessment” substitute “adult for whom EHC plan

is maintained”.

11E(1)
Section 509AB (local authorities in England: further provision about transport

policy statements for persons of sixth form age) is amended as follows.

      (2)
In subsection (1) after “difficulties” insert “or disabilities”.

      (3)
In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or

disabilities”.

11F
In section 509AC (interpretation of sections 509AA and 509AB), in subsection

(4) after “learning difficulties” insert “or disabilities”.

11G(1)
Section 514A (provision of boarding accommodation for persons subject to

learning difficulty assessment) is amended as follows.

      (2)
In subsection (1)—

(a)
after “who is” insert “over compulsory school age and for whom an

EHC plan is maintained.”, and

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

Public Bill Committee: 18 April 2013
314

Children and Families Bill, continued

      (3)
In the title, for “persons subject to learning difficulty assessment” substitute

“person for whom an EHC plan is maintained”.

11H
In section 517 (payment of fees at schools not maintained by a local authority),

in subsection (1), for “or Part IV (special education needs)” substitute “, Part

4 (special education needs) or Part 3 of the Children and Families Act 2013

(children and young people in England with special educational needs)”.

11I(1)
Section 532A (direct payments: persons with special educational needs or

subject to learning difficulty assessment) is amended as follows.

      (2)
In subsection (1)—

(a)
after “(“the beneficiary”)” insert “for whom the authority maintain an

EHC plan.”, and

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

      (3)
In subsection (2)—

(a)
for paragraph (a) substitute—

“(a)
special educational provision specified in the EHC

plan;”, and

(b)
omit paragraph (b).

      (4)
In the title, omit “or subject to learning difficulty assessment”.

11J
In section 532B (direct payments: pilot schemes), in subsection (9) for

paragraph (a) substitute—

“(a)
section 43 of the Children and Families Act 2013 (duty to

secure special educational provision in accordance with EHC

plan);”.

11K
In section 560A (work experience for persons over compulsory school age), in

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

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

11L(1)
Section 562C (detained persons with special educational needs) is amended as

follows.

      (2)
In subsection (1) after “local authority” insert “in England were maintaining

an EHC plan for a detained person, or a local authority in Wales”.

      (3)
In subsection (2) after “must” insert “maintain the plan or”.

      (4)
In subsection (4), in paragraph (a) after “specified in” insert “the plan or”.

11M(1)
Section 562G (information to be provided where statement of special

educational needs previously maintained) is amended as follows.

      (2)
In subsection (1) after “local authority” insert “in England were maintaining

an EHC plan for the person, or a local authority in Wales”.

      (3)
In subsection (3)—

(a)
after “maintaining” insert “the plan or”, and

(b)
after “copy of” insert “the plan or”.

      (4)
In subsection (4) for “a statement for the person under section 324,” substitute

“an EHC plan or a statement under section 324 for the person,”.

      (5)
In subsection (5)—

(a)
after “maintaining” insert “the plan or”, and

(b)
after “copy of” insert “the plan or”.

      (6)
In subsection (7), in paragraph (b) after “maintaining” insert “the EHC plan

or”.

      (7)
In subsection (8)—

(a)
after “maintaining” insert “the plan or”, and

(b)
in paragraph (a), for “a statement was being maintained for the person

by a local authority under section 324” substitute “an EHC plan or a

Public Bill Committee: 18 April 2013
315

Children and Families Bill, continued

statement under section 324 was being maintained for the person by a

local authority”.

      (8)
In subsection (9) after “a copy of any” insert “plan or”.

11N(1)
Section 562H (release of detained person appearing to host authority to require

assessment) is amended as follows.

      (2)
For subsection (2) substitute—

“(2)
Subsection (3) applies where it appears to the host authority that—

(a)
if the home authority are a local authority in England, the

detained person will, on release, be a child within the meaning

given in section 579(1);

(b)
if the home authority are a local authority in Wales, the

detained person will, on release, be a child within the meaning

given in section 312(5).”

      (3)
In subsection (5), in paragraph (a) after “learning difficulty” insert “or

disability”.’.

Mr Edward Timpson

237

Schedule  3,  page  141,  line  3,  at end insert—

‘“special educational provision”—

(a)
in relation to a person in the area of a local authority in

England, has the meaning given by section 21(1) and (2)

of the Children and Families Act 2013;

(b)
in relation to a child in the area of a local authority in

Wales, has the meaning given by section 312(4);”,

( )
after subsection (1) insert—

“(1A)
For the purposes of this Act a person is subject to learning

difficulty assessment if—

(a)
an assessment under section 140 of the Learning and

Skills Act 2000 (learning difficulty assessments: Wales)

has been conducted in respect of the person, or

(b)
arrangements for such an assessment to be conducted in

respect of the person have been made or are required to

be made.”, and

( )
before subsection (4) insert—

“(3A)
References in this Act to a person who is “in the area” of a local

authority in England do not include a person who is wholly or

mainly resident in the area of a local authority in Wales.

(3B)
References in this Act to a person who is “in the area” of a local

authority in Wales do not include a person who is wholly or

mainly resident in the area of a local authority in England.”’.

Mr Edward Timpson

238

Schedule  3,  page  141,  line  6,  at end insert—

‘( )
after the entry for “interest in land” insert—

“in the area of a local authority in England
section 579(3A)

in the area of a local authority in Wales
section

579(3B)”,

Public Bill Committee: 18 April 2013
316

Children and Families Bill, continued

( )
for the entry for “learning difficulty” substitute—

“learning difficulty (in relation to a child in the area of a local
section 312(2)

authority in Wales)
and (3) (subject

to subsection

(3A))”,’.

Mr Edward Timpson

239

Schedule  3,  page  141,  leave out lines 7 to 11 and insert—

‘( )
in the entry for “special educational needs”, in the second column for

“section 312(1)” substitute “section 579(1)”,

( )
in the entry for “special educational provision”, in the second column for

“section 312(4)” substitute “section 579(1)”,

( )
in the entry for “special school”, in the second column for “sections 6(2)

and” substitute “section”, and

( )
in the entry for “subject to learning difficulty assessment”, in the second

column for “section 13(4)” substitute “section 579(1A)”.’.

Mr Edward Timpson

264

Schedule  3,  page  141,  line  11,  at end insert—

‘13A
In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in

paragraph 15(3)—

(a)
in paragraph (a) for “statement maintained for the child under section

324” substitute “EHC plan maintained for the child”, and

(b)
in paragraph (b) for “statement” substitute “plan”.

13B(1)
In Schedule 36A (education functions), the table in paragraph 2 is amended as

follows.

      (2)
In the entry for the Disabled Persons (Services, Consultation and

Representation) Act 1986, in the second column after “child with” insert “an

EHC plan or”.

      (3)
In the entry for the Learning and Skills Act 2000, omit the entry for section

139A.’.

Mrs Sharon Hodgson

Lisa Nandy

184

Clause  72,  page  48,  line  23,  at end insert—

‘“well-being” means well-being so far as relating to the matters specified in

section 10(2) (a) to (e) of the Children Act 2004.’.

Public Bill Committee: 18 April 2013
317

Children and Families Bill, continued

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’.

Mr Edward Timpson

Jo Swinson

241

Schedule  4,  page  142,  line  14,  at end insert—

      ‘()
In subsection (5), for “under Chapter 4” substitute “by the Chief Inspector for

the purposes of Chapter 4”.’.

Mr Edward Timpson

Jo Swinson

242

Schedule  4,  page  143,  leave out lines 24 to 27 and insert—

“(aa)
prohibiting the applicant from being registered in the early

years register as an early years childminder if the applicant is

registered with a childminder agency;

(ab)
prohibiting the applicant from being registered with an early

years childminder agency as an early years childminder if the

applicant is registered—

(i)
with another childminder agency;

(ii)
in the early years register or the general childcare

register;”.’.

Mr Edward Timpson

Jo Swinson

243

Schedule  4,  page  144,  leave out lines 13 to 16 and insert—

“(aa)
prohibiting the applicant from being registered in the early

years register as an early years provider other than a

childminder if the applicant is registered with a childminder

agency;

(ab)
prohibiting the applicant from being registered with an early

years childminder agency as an early years provider other than

a childminder if the applicant is registered—

(i)
with another childminder agency;

(ii)
in the early years register or the general childcare

register;”.’.

Mr Edward Timpson

Jo Swinson

244

Schedule  4,  page  149,  leave out lines 19 to 22 and insert—

“(aa)
prohibiting the applicant from being registered in Part A of the

general childcare register as a later years childminder if the

applicant is registered with a childminder agency;



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