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| Clause 60, page 42, line 12, leave out subsection (3). |
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| Clause 60, page 42, line 13, at end add— |
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| | ‘(4) | A local authority should contact the governing body of a school, post-16 |
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| | institution or other institution at which education or training is provided before |
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| | accessing their premises, unless doing so would negate the purpose of the visit.’. |
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| Clause 61, page 42, line 28, at end insert— |
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| | ‘(2A) | In fulfilling its duties under this section, the appropriate authority must provide a |
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| | report of how it has done so for a registered pupil or a student at a school, where |
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| | such a report is requested by— |
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| | (a) | the local authority responsible for the education of a child or young |
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| | (b) | the family of a child or young person; |
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| | (d) | the First Tier Tribunal; or |
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| | (e) | the Education Funding Agency.’. |
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| Clause 61, page 42, line 28, at end insert— |
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| | ‘(2B) | The appropriate authority must have regard to any advice regarding its duties |
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| | under this section, where such advice is issued by— |
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| | (a) | the Secretary of State; |
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| | (b) | Her Majesty’s Chief Inspector of Education; |
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| | (c) | the local authority; or |
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| | (d) | the Education Funding Agency.’. |
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| Clause 61, page 42, line 28, at end insert— |
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| | ‘(2A) | In using their best endeavours to meet special educational needs, the school or |
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| | other institution must provide a graduated response through using the School |
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| | Action and School Action Plus stages.’. |
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| Clause 62, page 42, line 39, after ‘staff’, insert ‘who shall be a qualified teacher.’. |
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| Clause 62, page 42, line 41, at end insert— |
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| | ‘(2A) | The SEN co-ordinator designated under the provisions of subsection (2) must be, |
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| | or on designation must become, a member of the senior management or |
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| | leadership team within the school. |
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| | (2B) | The SEN co-ordinator designated under the provisions of subsection (2) must be |
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| Clause 63, page 43, line 14, at end insert ‘, an institution within the further eduction |
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| Clause 63, page 43, line 17, leave out ‘parent’ and insert ‘family’. |
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| Clause 63, page 43, line 19, at end insert— |
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| | ‘(2A) | In performing its duty under subsection (2), an appropriate authority must— |
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| | (a) | attempt to do so as soon the decision is taken; |
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| | (b) | ensure that the child’s family or the young person are made fully aware |
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| | of the reason for and the process behind the decision being taken; |
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| | (c) | engage fully with the family or young person in making further decisions |
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| | with regard to educational provision for the child or young person; and |
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| | (d) | inform the local authority in which the child or young person residents.’. |
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| Clause 63, page 43, line 23, after ‘school’, insert ‘, an institution within the further |
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| Clause 64, page 43, line 28, after ‘schools’, insert ‘institutions within the further |
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| Clause 64, page 44, line 3, at end insert— |
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| | ‘(v) | policies designed to promote the understanding of disability |
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| | amongst other pupils and the inclusion of disabled pupils in |
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| | lessons and activities.’. |
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| Clause 64, page 44, line 3, at end insert— |
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| | ‘(v) | progress made by children and young people with special |
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| | educational needs in language, literacy, communication and |
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| | (vi) | services contributed to or procured through section 30 [Local |
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| | offer for children and young people with special educational |
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| Clause 65, page 44, line 13, after ‘thinks’, insert ‘having had regard to accessibility |
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| requirements under the Equality Act 2010.’. |
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| Clause 65, page 44, line 16, leave out ‘19’ and insert ‘25’. |
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| Clause 65, page 44, line 17, at end insert— |
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| | ‘(1A) | Information collected and provided under subsection (2) should be published |
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| | including local and regional breakdowns.’. |
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| Clause 65, page 44, line 34, leave out ‘19’ and insert ‘25’. |
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| Clause 65, page 44, line 39, at end insert— |
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| | ‘(4A) | In exercising his duties under subsection (4), the Secretary of State shall— |
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| | (a) | invite comment on the content and format of published information; |
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| | (b) | publish the comments received and any subsequent responses, in the |
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| | (c) | provide an explanation of any year on year differences in the content and |
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| | format of the published information in an accompanying document.’. |
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| Clause 65, page 45, line 3, leave out subsection (8). |
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| Clause 66, page 45, line 30, leave out subsection (2) and insert— |
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| | ‘(2) | The Secretary of State must review and revise the code on a regular basis.’. |
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| Clause 67, page 45, line 40, at end insert ‘and Explanatory Notes to the draft of the |
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| Clause 67, page 45, line 40, at end insert— |
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| | ‘(1A) | Where the Secretary of State proposes to revise the code, the explanatory notes |
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| | referred to in subsection (1) must include an explanation of the proposed |
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| | revisions and the reasons for those revisions.’. |
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| Clause 67, page 46, line 1, leave out subsection (2) and insert— |
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| | ‘(2) | The Secretary of State must consult those parties listed in section 66, subsection |
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| | (1), about the draft and must consider any representations made by them.’. |
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| Clause 67, page 46, line 1, leave out ‘such persons as the Secretary of State sees fit’ |
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| and insert ‘publicly, for a period of not less than 90 days’. |
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| Clause 67, page 46, line 2, leave out ‘by them’ and insert ‘as part of that |
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| Clause 67, page 46, line 3, leave out subsections (3) to (8) and insert— |
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| | ‘(3) | A code, or revision of a code, does not come into operation until the Secretary of |
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| | State by order so provides. |
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| | (4) | The power conferred by subsection (3) shall be made by statutory instrument. |
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| | (5) | An order bringing a code or revision of a code, into operation may not be made |
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| | unless a draft order has been laid before and approved by resolution of each |
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| | (6) | When an order or draft of an order is laid, the code or revision of a code to which |
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| | is relates must also be laid. |
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| | (7) | No order or draft of an order may be laid until the consultation required by |
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| | subsection (2) has taken place.’. |
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| Clause 67, page 46, line 6, leave out subsections (4) to (8) and insert— |
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| | ‘(4) | The code (or revised code) may be issued only in the form of a draft code which |
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| | has been approved by resolution of each House of Parliament.’. |
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| Page 47, line 15, leave out Clause 69. |
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| Page 138, line 36, leave out Schedule 3. |
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| Clause 72, page 48, line 23, at end insert— |
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| | ‘“well-being” means well-being so far as relating to the matters specified in |
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| | section 10(2) (a) to (e) of the Children Act 2004.’. |
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| | Amendments to the Health Act 2006 |
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| To move the following Clause:— |
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| | ‘(1) | The Health Act 2006 is amended as follows. |
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| | (2) | After section 8, insert— |
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| | “8A | Offence of failing to prevent smoking in a private vehicle when |
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| | (1) | It is the duty of any person who drives a private vehicle to ensure that that |
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| | vehicle is smoke-free whenever a child or children under the age of 18 |
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| | are in such vehicle or part of such vehicle. |
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| | (2) | A person who fails to comply with the duty in subsection (1) commits an |
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| | (3) | A person convicted of an offence under this section who has not |
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| | previously been convicted of such an offence shall have the option of |
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| | attending a smoke-free driving awareness course in place of paying a fine |
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| | (4) | A person who does not wish to attend an awareness course or who has |
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| | previously been convicted of an offence under this section is liable on |
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| | summary conviction to a fine of £60. |
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| | (5) | The Secretary of State may introduce regulations to alter the level of |
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| | penalty payable under subsection (4). |
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| | (6) | The Secretary of State shall update all relevant regulations regarding the |
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| | offence created under subsection (2) within six months of this section |
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| | (7) | The Secretary of State shall introduce regulations within six months of |
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| | this section coming into force to prescribe the format of the awareness |
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| | course in subsection (3).”. |
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| | (3) | In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(5).”. |
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| To move the following Clause:— |
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| | ‘Before the end of one year beginning with the day on which this Act receives |
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| | Royal Assent, the Secretary of State must— |
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| | (a) | carry out a review of the benefits and risks to children, young people and |
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| | their families of increased information sharing between front-line |
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| | practitioners who provide services to them; and |
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| | (b) | publish a report of the conclusions of the review.’. |
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| | Assessment and provision of adoption support services |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of the Adoption and Children Act 2002 is amended as follows. |
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| | (2) | In section 4, leave out subsection (1) and insert the following new subsections— |
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| | “(1) | Subject to subsection (1A), a local authority must in each year offer an |
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| | assessment of those persons’ needs for adoption support services to— |
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| | (a) | any of the persons mentioned in paragraphs (a) to (c) of section |
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| | (b) | any other person who falls within a description prescribed by |
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| | regulations (subject to subsection (7)(a)). |
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| | (1A) | Any requirement for an annual assessment under subsection (1) can be |
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| | postponed for one or more years with the agreement of the persons |
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| | (1B) | Following any assessment under subsection (1) the local authority |
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| | (a) | provide the persons concerned with the findings of the |
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| | (b) | specify in writing what services will be provided to meet these |
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| | (c) | explain in writing where the local authority is unable to provide |
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| | services to meet identified needs; and |
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| | (d) | keep a record of all unmet needs and the reasons for them.”.’. |
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