Session 2012 - 13
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Other Bills before Parliament




House of Commons


Notices of Amendments


given on


Thursday 25 April 2013


Consideration of Bill


Children and Families Bill, As Amended


Access to therapeutic support


Annette Brooke




To move the following Clause:—



Where a child has been abused or harmed, or a child has been placed at risk of


abuse or harm, the local authority or clinical commissioning group has a duty to


provide health services, where appropriate.



In this section—


“health services” includes, but is not limited to, therapeutic counselling and


other mental health services;


“local authority” has the meaning given by subsection 13(9);


“clinical commissioning group” has the meaning given by section 10 of the


Health and Social Care Act 2012.’.


Duty to promote the mental health and emotional wellbeing of looked after children


Annette Brooke




To move the following Clause:—


‘In section 22 of the Children Act 1989 [General duty of local authority in relation


to children looked after by them] after subsection (3A) insert the following new





The duty of a local authority under subsection (3)(a) to safeguard and


promote the welfare of a child looked after by them includes in particular


a duty to promote the child’s mental health and emotional wellbeing.



A local authority in England must appoint at least one person for the


purposes of discharging the duties imposed by virtue of subsection (3B).


Notices of Amendments: 25 April 2013                  



Children and Families Bill, continued



A person appointed by a local authority under subsection (3C) must be


an officer or the local authority, another local authority or a health body


in England”.’.


Tim Loughton




Page  2,  line  21  [Clause  3],  at beginning add ‘After a period of three years from the


introduction of adoption scorecards’.


Tim Loughton [R]




Page  2,  line  24  [Clause  3],  at end insert—



The Secretary of State may require local authorities to make arrangements with


adoption agencies to compensate them for the cost of recruiting approved


prospective adopters.’.


Tim Loughton [R]




Page  2,  line  34  [Clause  3],  leave out paragraph (c).


Regulation of child performance


Tim Loughton




To move the following Clause:—



In section 37 of the Children and Young Persons Act 1963 (Restriction on persons


under 16 taking part in public performances, etc.) the words “under the


compulsory school leaving age” shall be inserted after the word “child” in


subsection (1).



After subsection (2) there shall be inserted—



In this section, “Performance” means the planned participation by a child


aged under the compulsory school leaving age in a public entertainment


production, unless that participation—



involves risks that are no greater than the risks faced by that child


in the ordinary course of his life and does not require the child to


be absent from school or requires an absence from school of not


more than four days in a six month period and such absence is


authorised by the school;



involves the child doing that which he would do in any event in


the ordinary course of his life; or



involves the creation of audio-visual content where there is an


overriding public interest in the child’s participation.”.



Subsection (3)(a) of that section shall be repealed.



After subsection (5) of that section there shall be inserted—



Regulations under this section shall provide for the local authority to give


reasons for any refusal of a licence under this section and shall specify


any mitigating action which would be required to allow a licence to be




Notices of Amendments: 25 April 2013                  



Children and Families Bill, continued



A refusal of a local authority to grant a licence may be reversed on





Subsection (6) of that section shall be repealed.



After subsection (7) the following shall be inserted—



A licence granted by a local authority shall be transferrable to another


local authority if the child moves residence from one local authority area


to another.”.



Section 38 of the Act (Restriction on licences for performances by children under


14) shall be repealed.



After section 39 of the Act, there shall be inserted—



Presumption that a licence should be issued



There shall be a presumption that a licence shall be issued unless there is


identifiable potential harm that cannot be mitigated by any other action.



For the purposes of this section—



“identifiable potential harm” shall be any outcome that acts


adversely against the wellbeing of the child;



“mitigated” shall mean such reasonable action that secures the


safety of the child from the impact on their wellbeing; and



“wellbeing” includes the physical, mental and emotional


condition and interests of the child.






The Secretary of State shall issue guidance to local authorities on the


criteria for issuing licences and the conditions which shall apply to them;


and this guidance may make different provision for children falling


within different age bands applicable to their development age.



Guidance shall include a requirement for the local authority’s decision to


be based on an assessment of the risks involved in the child’s


participation in the performance.



Guidance shall include the safeguarding arrangements which shall be


made in regard to participation in sporting activities; and in drawing up


this guidance the Secretary of State shall consult sports governing bodies.



Guidance shall require the local authority, in considering the terms on


which a licence is issued, to have regard to the number of days actually


worked spread across a particular period.



Guidance shall require local authorities to provide for on-line


applications for licences, to deal with all licences in time if submitted at


least 10 days before they are to come into effect, or five days in respect


of a repeated application.



Guidance shall provide for local authorities to inspect sites where


children taking part in performances are to be accommodated, if they will


be residing alongside unconnected adults.



Guidance shall provide for local authorities to disregard absence in


connection with licensed performances in school records for authorised




Notices of Amendments: 25 April 2013                  



Children and Families Bill, continued



Guidance shall provide that local authorities shall require that matrons or


chaperones shall operate under standards accepted by the appropriate


advisory bodies.



Guidance shall also include the circumstances in which it is appropriate


to authorise a body of persons to organise a performance for which


licences will not be required by virtue of section 37(3)(b) of this Act,


including where the performers are of 13 years or upwards or if the body


is an amateur body and has a nominated child protection person who has


received appropriate training and is independent of the chaperone.



Guidance under this section shall be laid before Parliament and shall be


subject to annulment in pursuance of a resolution of either House of


Parliament as if it were contained in a statutory instrument subject to such





Clause 42 of the Act (Licences for children and young persons performing


abroad) shall be amended by inserting after subsection (1)—



Licences under section 25 of the principal Act in relation to performances


as defined under this Act shall be issued by local authorities rather than


as specified in the principal Act.”.



In subsection (2) of that section the words after the word “granted” shall be


replaced by the words “regardless of the age of the child”.



In the Children (Performances) Regulations 1968 (SI 1968/1728)—



In Regulation 8 (Medical examinations) in paragraph (2), the words


“performance taking place within a period of six months from the date of


the said medical examination” shall be replaced by the words “later





At the end of Regulation 10 (Education) there shall be inserted—



The child’s parents or guardians must inform the child’s school


of any days on which the child will be absent by reason of taking


part in performances.”.



In Regulation 12(3) (maximum number of other children a matron shall


have charge of), “eleven” shall be replaced by “nine”.



At the end of Regulation 12 (Matrons) there shall be inserted—



A matron in respect of a performance organised by an amateur


body who is unpaid shall not require local authority approval


provided that he or she is CRB-checked and is independent of the


nominated child protection person.”.



Regulation 17 (Further medical examinations) shall cease to have





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Revised 26 April 2013