House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Notices of Amendments: 25 March 2013
200

Children and Families Bill, continued

“(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

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”.’.

Notices of Amendments: 25 March 2013
201

Children and Families Bill, continued

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)”,

( )
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)”,

Notices of Amendments: 25 March 2013
202

Children and Families Bill, continued

( )
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

240

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)
for “independent school” substitute “independent educational

institution”;

(b)
in paragraph (a)—

(i)
for “school” substitute “institution”;

(ii)
for “statement maintained for the child under section 324”

substitute “EHC plan maintained for the child”, and

(c)
in paragraph (b)—

(i)
for “schools” (in both places) substitute “institutions”;

(ii)
for “statement” substitute “plan”.

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

follows.

      (1)
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”.

      (2)
In the entry for the Learning and Skills Act 2000, omit the entry for section

139A.’.

Mr. Edward Timpson

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

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

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

Notices of Amendments: 25 March 2013
203

Children and Families Bill, continued

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

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;

(ab)
prohibiting the applicant from being registered with a later

years childminder agency as an later 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

245

Schedule  4,  page  150,  leave out lines 8 to 11 and insert—

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

general childcare register as a later years provider other than

a childminder if the applicant is registered with a childminder

agency;

(ab)
prohibiting the applicant from being registered with a later

years childminder agency as a later 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

246

Schedule  4,  page  150,  line  36,  at end insert—

‘17A
In section 57 (special procedure for registered early years providers), in the

title for “registered early years providers” substitute “providers registered in

the early years register”.

17B
After section 57 insert—

“57A
Special procedure for providers registered with early years

childminder agencies

(1)
Subsection (2) applies where—

(a)
a person is registered with an early years childminder agency

as an early years childminder, and

(b)
that agency is also a later years childminder agency.

Notices of Amendments: 25 March 2013
204

Children and Families Bill, continued

(2)
If the person gives notice to the agency that he or she proposes to

provide later years childminding in respect of which he or she is

required to be registered under this Chapter, the agency must—

(a)
register the person in the register maintained by the agency as

a later years childminder, and

(b)
give the person a certificate of registration stating that he or

she is so registered.

(3)
Subsection (4) applies where—

(a)
a person is registered with an early years childminder agency

in respect of particular premises as an early years provider

other than a childminder, and

(b)
that agency is also a later years childminder agency.

(4)
If the person gives notice to the agency that he or she proposes to

provide later years provision in respect of which he or she is required

to be registered under this Chapter on the same premises, the agency

must—

(a)
register the person in the register maintained by the agency as

a later years provider other than a childminder, in respect of

the premises, and

(b)
give the person a certificate of registration stating that he or

she is so registered.

(5)
Subsections (3) and (4) of section 56A apply in relation to a certificate

of registration given in pursuance of subsection (2) or (4) of this

section as they apply in relation to a certificate of registration given in

pursuance of subsection (1) or (2) of that section.”’.

Mr. Edward Timpson

247

Schedule  4,  page  154,  line  18,  at end insert—

‘Part 3A

Voluntary registration with childminder agency

21A
In section 65 (special procedure for persons already registered), in the title, at

the end insert “in a childcare register”.

21B
After section 65 insert—

“Voluntary registration of persons registered with childminder agencies

65A
Procedure for persons already registered with a childminder agency

(1)
A person who is registered as an early years childminder with an early

years childminder agency or as a later years childminder with a later

years childminder agency may give notice to the agency that he or she

wishes to be registered with the agency in respect of the provision in

England of—

(a)
later years childminding for a child who has attained the age

of eight;

(b)
early years childminding or later years childminding for a

child who has not attained that age but in respect of which the

person is not required to be registered under Chapter 2 or 3.

Notices of Amendments: 25 March 2013
205

Children and Families Bill, continued

(2)
If a person gives notice to an agency under subsection (1), the agency

must—

(a)
register the person in the register maintained by the agency as

a childminder registered under this Chapter, and

(b)
give the person a certificate of registration stating that he or

she is so registered.

(3)
A person who is registered as an early years provider (other than an

childminder) with an early years childminder agency or as a later years

provider (other than a childminder) with a later years childminder

agency in respect of particular premises may give notice to the agency

that he or she wishes to be registered with the agency in respect of the

provision on the same premises of—

(a)
later years provision (other than later years childminding) for

a child who has attained the age of eight;

(b)
early years provision or later years provision (other than early

years or later years childminding) for a child who has not

attained that age but in respect of which the person is not

required to be registered under Chapter 2 or 3.

(4)
If a person gives notice to an agency under subsection (3), the agency

must—

(a)
register the person in the register maintained by the agency as

a provider of childcare (other than a childminder) registered

under this Chapter, in respect of the premises, and

(b)
give the person a certificate of registration stating that he or

she is so registered.

(5)
A certificate of registration given to the applicant in pursuance of

subsection (2) or (4) must contain prescribed information about

prescribed matters.

(6)
If there is a change of circumstances which requires the amendment of

a certificate of registration, the agency must give the registered person

an amended certificate.”

21C
In section 66 (conditions on registration), in subsections (1) and (5) for “under

this Chapter” substitute “in Part B of the general childcare register”.

21D(1)
Section 67 (regulations governing activities) is amended as follows.

      (2)
In subsection (4)—

(a)
after “Chief Inspector” insert “, early years childminder agencies or

later years childminder agencies”, and

(b)
omit “his”.

      (3)
In subsection (5)—

(a)
after “Chief Inspector” insert “, early years childminder agencies or

later years childminder agencies”, and

(b)
omit “his”.

      (4)
In subsection (6) after paragraph (a) (and before the “or” which follows it)

insert—

“(aa)
by early years childminder agencies or later years childminder

agencies in the exercise of functions under this Part,”.’.

Notices of Amendments: 25 March 2013
206

Children and Families Bill, continued

Mr. Edward Timpson

248

Schedule  4,  page  154,  line  33,  at end insert—

      ‘()
In subsection (5) for “as a childminder under Chapter 4” substitute “under

Chapter 4 in Part B of the general childcare register as a childminder”.’.

Mr. Edward Timpson

249

Schedule  4,  page  155,  line  23,  leave out ‘or 3’ and insert ‘, 3 or 4’.

Mr. Edward Timpson

250

Schedule  4,  page  156,  line  27,  leave out ‘or 3’ and insert ‘, 3 or 4’.

Mr. Edward Timpson

251

Schedule  4,  page  156,  line  40,  leave out ‘or 3’ and insert ‘, 3 or 4’.

Mr. Edward Timpson

252

Schedule  4,  page  157,  line  40,  leave out ‘under Chapter 4’ and insert ‘in Part B of

the general childcare register’.

Mr. Edward Timpson

253

Schedule  4,  page  159,  line  7,  at end insert—

‘(3C)
An early years childminder agency or a later years childminder agency

must not register for the purposes of Chapter 4 a person who is

disqualified from registration by regulations under section 75.”’.

Mr. Edward Timpson

254

Schedule  4,  page  159,  line  8,  leave out ‘or (3B)’ and insert ‘, (3B) or (3C)’.

Mr. Edward Timpson

255

Schedule  4,  page  159,  line  13,  leave out ‘or (3B)’ and insert ‘, (3B) or (3C)’.

Mr. Edward Timpson

256

Schedule  4,  page  162,  line  17,  leave out ‘or 3’ and insert ‘, 3 or 4’.

Mr. Edward Timpson

257

Schedule  4,  page  162,  line  29,  after ‘to’ insert ‘the Secretary of State,’.

Mr. Edward Timpson

258

Schedule  4,  page  162,  line  32,  after ‘to’ insert ‘the Secretary of State,’.



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