House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 21 March 2013
168

Children and Families Bill, continued

Mrs Sharon Hodgson

Lisa Nandy

160

Clause  60,  page  42,  line  12,  leave out subsection (3).

Mrs Sharon Hodgson

Lisa Nandy

161

Clause  60,  page  42,  line  13,  at end add—

‘(4)
A local authority should contact the governing body of a school, post-16

institution or other institution at which education or training is provided before

accessing their premises, unless doing so would negate the purpose of the visit.’.

Mrs Sharon Hodgson

Lisa Nandy

162

Clause  61,  page  42,  line  28,  at end insert—

‘(2A)
In fulfilling its duties under this section, the appropriate authority must provide a

report of how it has done so for a registered pupil or a student at a school, where

such a report is requested by—

(a)
the local authority responsible for the education of a child or young

person;

(b)
the family of a child or young person;

(c)
the young person;

(d)
the First Tier Tribunal; or

(e)
the Education Funding Agency.’.

Mrs Sharon Hodgson

Lisa Nandy

163

Clause  61,  page  42,  line  28,  at end insert—

‘(2B)
The appropriate authority must have regard to any advice regarding its duties

under this section, where such advice is issued by—

(a)
the Secretary of State;

(b)
Her Majesty’s Chief Inspector of Education;

(c)
the local authority; or

(d)
the Education Funding Agency.’.

Mr Robert Buckland

216

Clause  61,  page  42,  line  28,  at end insert—

‘(2A)
In using their best endeavours to meet special educational needs, the school or

other institution must provide a graduated response through using the School

Action and School Action Plus stages.’.

Public Bill Committee: 21 March 2013
169

Children and Families Bill, continued

Mrs Sharon Hodgson

Lisa Nandy

164

Clause  62,  page  42,  line  39,  after ‘staff’, insert ‘who shall be a qualified teacher.’.

Mrs Sharon Hodgson

Lisa Nandy

165

Clause  62,  page  42,  line  41,  at end insert—

‘(2A)
The SEN co-ordinator designated under the provisions of subsection (2) must be,

or on designation must become, a member of the senior management or

leadership team within the school.

(2B)
The SEN co-ordinator designated under the provisions of subsection (2) must be

a qualified teacher.’.

Mrs Sharon Hodgson

Lisa Nandy

166

Clause  63,  page  43,  line  14,  at end insert ‘, an institution within the further eduction

sector’.

Mrs Sharon Hodgson

Lisa Nandy

167

Clause  63,  page  43,  line  17,  leave out ‘parent’ and insert ‘family’.

Mrs Sharon Hodgson

Lisa Nandy

168

Clause  63,  page  43,  line  19,  at end insert—

‘(2A)
In performing its duty under subsection (2), an appropriate authority must—

(a)
attempt to do so as soon the decision is taken;

(b)
ensure that the child’s family or the young person are made fully aware

of the reason for and the process behind the decision being taken;

(c)
engage fully with the family or young person in making further decisions

with regard to educational provision for the child or young person; and

(d)
inform the local authority in which the child or young person residents.’.

Mrs Sharon Hodgson

Lisa Nandy

169

Clause  63,  page  43,  line  23,  after ‘school’, insert ‘, an institution within the further

eduction sector’.

Public Bill Committee: 21 March 2013
170

Children and Families Bill, continued

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.’.

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

175

Clause  65,  page  44,  line  13,  after ‘thinks’, insert ‘having had regard to accessibility

requirements under the Equality Act 2010.’.

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’.

Public Bill Committee: 21 March 2013
171

Children and Families Bill, continued

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—

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

Mrs Sharon Hodgson

Lisa Nandy

178

Clause  67,  page  45,  line  40,  at end insert ‘and Explanatory Notes to the draft of the

code.’.

Mrs Sharon Hodgson

Lisa Nandy

179

Clause  67,  page  45,  line  40,  at end insert—

‘(1A)
Where the Secretary of State proposes to revise the code, the explanatory notes

referred to in subsection (1) must include an explanation of the proposed

revisions and the reasons for those revisions.’.

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’.

Public Bill Committee: 21 March 2013
172

Children and Families Bill, continued

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.’.

Mrs Sharon Hodgson

Lisa Nandy

182

Clause  67,  page  46,  line  6,  leave out subsections (4) to (8) and insert—

‘(4)
The code (or revised code) may be issued only in the form of a draft code which

has been approved by resolution of each House of Parliament.’.

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: 21 March 2013
173

Children and Families Bill, continued

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.’.

New clauses

Amendments to the Health Act 2006

Alex Cunningham

Bill Esterson

Mr Steve Reed

Pat Glass

NC1

To move the following Clause:—

‘(1)
The Health Act 2006 is amended as follows.

(2)
After section 8, insert—

“8A
Offence of failing to prevent smoking in a private vehicle when

children are present

(1)
It is the duty of any person who drives a private vehicle to ensure that that

vehicle is smoke-free whenever a child or children under the age of 18

are in such vehicle or part of such vehicle.

(2)
A person who fails to comply with the duty in subsection (1) commits an

offence.

(3)
A person convicted of an offence under this section who has not

previously been convicted of such an offence shall have the option of

attending a smoke-free driving awareness course in place of paying a fine

under subsection (4).

(4)
A person who does not wish to attend an awareness course or who has

previously been convicted of an offence under this section is liable on

summary conviction to a fine of £60.

(5)
The Secretary of State may introduce regulations to alter the level of

penalty payable under subsection (4).

(6)
The Secretary of State shall update all relevant regulations regarding the

offence created under subsection (2) within six months of this section

coming into force.

(7)
The Secretary of State shall introduce regulations within six months of

this section coming into force to prescribe the format of the awareness

course in subsection (3).”.

(3)
In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(5).”.

Public Bill Committee: 21 March 2013
174

Children and Families Bill, continued

Information sharing

Bill Esterson

Ann Coffey

NC2

To move the following Clause:—

‘Before the end of one year beginning with the day on which this Act receives

Royal Assent, the Secretary of State must—

(a)
carry out a review of the benefits and risks to children, young people and

their families of increased information sharing between front-line

practitioners who provide services to them; and

(b)
publish a report of the conclusions of the review.’.

Assessment and provision of adoption support services

Bill Esterson

Ann Coffey

NC3

To move the following Clause:—

‘(1)
Part 1 of the Adoption and Children Act 2002 is amended as follows.

(2)
In section 4, leave out subsection (1) and insert the following new subsections—

“(1)
Subject to subsection (1A), a local authority must in each year offer an

assessment of those persons’ needs for adoption support services to—

(a)
any of the persons mentioned in paragraphs (a) to (c) of section

3(1), or

(b)
any other person who falls within a description prescribed by

regulations (subject to subsection (7)(a)).

(1A)
Any requirement for an annual assessment under subsection (1) can be

postponed for one or more years with the agreement of the persons

concerned.

(1B)
Following any assessment under subsection (1) the local authority

must—

(a)
provide the persons concerned with the findings of the

assessment;

(b)
specify in writing what services will be provided to meet these

needs;

(c)
explain in writing where the local authority is unable to provide

services to meet identified needs; and

(d)
keep a record of all unmet needs and the reasons for them.”.’.



© Parliamentary copyright	Revised 21 March 2013