A
BILL
TO
Make provision about children, families, and people with special educational
needs; to make provision about the right to request flexible working; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1) 5Section 22C of the Children Act 1989 is amended as follows.
(2) In subsection (7), after “subject to” insert “subsection (9A) and”.
(3) After subsection (9) insert—
“(9A)
Where the local authority are a local authority in England and are
considering adoption for C—
(a)
10they must consider placing C with a local authority foster
parent who has been approved as a prospective adopter, and
(b) subsections (7) to (9) do not apply to the authority.”
(1)
Section 1 of the Adoption and Children Act 2002 (considerations applying
15when making decisions about the adoption of a child) is amended as follows.
(2)
In subsection (5) (due consideration to be given to religious persuasion, racial
origin and cultural and linguistic background), for “In placing the child for
Children and Families BillPage 2
adoption, the adoption agency” substitute “In placing a child for adoption, an
adoption agency in Wales”.
(3) In consequence of the amendment made by subsection (2)—
(a)
in subsection (1), for “This section applies” substitute “Subsections (2)
5to (4) apply”;
(b)
in subsection (6), for “The court or adoption agency” substitute “In
coming to a decision relating to the adoption of a child, a court or
adoption agency”;
(c) After subsection (8) insert—
“(9)
10In this section “adoption agency in Wales” means an adoption
agency that is—
(a) a local authority in Wales, or
(b)
a registered adoption society whose principal office is in
Wales.”
In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Service) after section 3 insert—
(1)
The Secretary of State may give directions requiring local authorities in
20England to make arrangements for all or any of their functions within
subsection (2) to be carried out on their behalf by one or more other
adoption agencies.
(2) The functions are their functions in relation to—
(a) the recruitment of persons as prospective adopters;
(b)
25the assessment of prospective adopters’ suitability to adopt a
child;
(c)
the approval of prospective adopters as suitable to adopt a
child.
(3) Directions under subsection (1) may be given to—
(a) 30one or more named local authorities in England,
(b) one or more descriptions of local authority in England, or
(c) all local authorities in England.”
In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
35Service) after section 4 insert—
(1) This section applies where—
(a)
after carrying out an assessment under section 4, a local
authority in England decide to provide any adoption support
40services to a person (“the recipient”), and
(b)
the recipient is an adopted person or the parent of an adopted
person.
Children and Families BillPage 3
(2)
The local authority must prepare a personal budget for the recipient if
asked to do so by the recipient or (in prescribed circumstances) a person
of a prescribed description.
(3)
The authority prepare a “personal budget” for the recipient if they
5identify an amount as available to secure the adoption support services
that they have decided to provide, with a view to the recipient being
involved in securing those services.
(4)
Regulations may make provision about personal budgets, in
particular—
(a) 10about requests for personal budgets;
(b) about the amount of a personal budget;
(c) about the sources of the funds making up a personal budget;
(d)
for payments (“direct payments”) representing all or part of a
personal budget to be made to the recipient, or (in prescribed
15circumstances) a person of a prescribed description, in order to
secure any adoption support services to which the budget
relates;
(e)
about the description of adoption support services to which
personal budgets and direct payments may (and may not)
20relate;
(f)
for a personal budget or direct payment to cover the agreed cost
of the adoption support services to which the budget or
payment relates;
(g)
about when, how, to whom and on what conditions direct
25payments may (and may not) be made;
(h)
about when direct payments may be required to be repaid and
the recovery of unpaid sums;
(i)
about conditions with which a person or body making direct
payments must comply before, after or at the time of making a
30direct payment;
(j)
about arrangements for providing information, advice or
support in connection with personal budgets and direct
payments.
(5)
If the regulations include provision authorising direct payments, they
35must—
(a)
require the consent of the recipient, or (in prescribed
circumstances) a person of a prescribed description, to be
obtained before direct payments are made;
(b)
require the authority to stop making direct payments where the
40required consent is withdrawn.
(6)
Any adoption support services secured by means of direct payments
made by a local authority are to be treated as adoption support services
provided by the authority for all purposes, subject to any prescribed
conditions or exceptions.
(7) 45In this section “prescribed” means prescribed by regulations.”
In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Children and Families BillPage 4
Service) after section 4A (as inserted by section 4) insert—
(1)
Except in circumstances prescribed by regulations, a local authority in
England must provide the information specified in subsection (2) to—
(a)
5any person who has contacted the authority to request
information about adopting a child,
(b)
any person who has informed the authority that he or she
wishes to adopt a child,
(c)
any person within the authority’s area who the authority are
10aware is a parent of an adopted child, and
(d)
any person within the authority’s area who is a parent of an
adopted child and has contacted the authority to request any of
the information specified in subsection (2).
(2) The information is—
(a)
15information about the adoption support services available to
people in the authority’s area;
(b)
information about the right to request an assessment under
section 4 (assessments etc for adoption support services), and
the authority’s duties under that section and regulations made
20under it;
(c)
information about the authority’s duties under section 4A
(adoption support services: personal budgets) and regulations
made under it;
(d) any other information prescribed by regulations.”
(1) The Adoption and Children Act 2002 is amended as follows.
(2) In section 125 (Adoption and Children Act Register)—
(a)
in subsection (1)(a), after “children who are suitable for adoption”
insert “, children for whom a local authority in England are considering
30adoption”;
(b)
in subsection (3), after “search” insert “(subject to regulations under
section 128A)”.
(3)
In section 128 (supply of information for the register), in subsection (4)(b), after
“children suitable for adoption” insert “or for whom a local authority in
35England are considering adoption”.
(4) After section 128 insert—
(1)
Regulations may make provision enabling prospective adopters who
are suitable to adopt a child to search and inspect the register, for the
40purposes of assisting them to find a child for whom they would be
appropriate adopters.
(2)
Regulations under subsection (1) may make provision enabling
prospective adopters to search and inspect only prescribed parts of the
register, or prescribed content on the register.
Children and Families BillPage 5
(3)
Access to the register for the purpose of searching and inspecting it may
be granted on any prescribed terms and conditions.
(4)
Regulations may prescribe the steps to be taken by prospective
adopters in respect of information received by them as a result of
5searching or inspecting the register.
(5)
Regulations may make provision requiring prospective adopters, in
prescribed circumstances, to pay a prescribed fee to the Secretary of
State or the registration organisation in respect of searching or
inspecting the register.”
(5)
10In section 97 of the Children Act 1989 (privacy for children involved in certain
proceedings), after subsection (6) insert—
“(6A) It is not a contravention of this section to—
(a)
enter material in the Adoption and Children Act Register
(established under section 125 of the Adoption and Children
15Act 2002), or
(b)
permit persons to search and inspect that register pursuant to
regulations made under section 128A of that Act.”
(6)
Schedule 1 (amendments to the Adoption and Children Act 2002 to provide for
the Adoption and Children Act Register not to apply to Wales and Scotland
20and to remove the requirement to make provision for that register by Order in
Council, and other related amendments) has effect.
(1)
Section 34 of the Children Act 1989 (parental contact etc with children in care)
25is amended as follows.
(2)
In subsection (1), after “subject to the provisions of this section” insert “and
their duty under section 22(3)(a)”.
(3) After subsection (6) insert—
“(6A)
Where (by virtue of an order under this section, or because subsection
30(6) applies) a local authority in England are authorised to refuse to
allow contact between the child and a person mentioned in any of
paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1)
of that Schedule does not require the authority to endeavour to
promote contact between the child and that person.”
(4) 35In subsection (8), before paragraph (a) insert—
“(za)
what a local authority in England must have regard to in
considering whether contact between a child and a person
mentioned in any of paragraphs (a) to (d) of subsection (1) is
consistent with safeguarding and promoting the child’s
40welfare;”.
(5)
In subsection (11) after “Before” insert “making, varying or discharging an
order under this section or”.
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(1) After section 51 of the Adoption and Children Act 2002 insert—
(1) 5This section applies where—
(a)
an adoption agency has placed or was authorised to place a
child for adoption, and
(b)
the court is making or has made an adoption order in respect of
the child.
(2)
10When making the adoption order or at any time afterwards, the court
may make an order under this section—
(a)
requiring the person in whose favour the adoption order is or
has been made to allow the child to visit or stay with the person
named in the order under this section, or for the person named
15in that order and the child otherwise to have contact with each
other, or
(b)
prohibiting the person named in the order under this section
from having contact with the child.
(3) The following people may be named in an order under this section—
(a)
20any person who (but for the child’s adoption) would be related
to the child by blood (including half-blood), marriage or civil
partnership;
(b) any former guardian of the child;
(c)
any person who had parental responsibility for the child
25immediately before the making of the adoption order;
(d)
any person who was entitled to make an application for an
order under section 26 in respect of the child (contact with
children placed or to be placed for adoption) by virtue of
subsection (3)(c), (d) or (e) of that section;
(e)
30any person with whom the child has lived for a period of at least
one year.
(4) An application for an order under this section may be made by—
(a)
a person who has applied for the adoption order or in whose
favour the adoption order is or has been made,
(b) 35the child, or
(c)
any person who has obtained the court’s leave to make the
application.
(5)
In deciding whether to grant leave under subsection (4)(c), the court
must consider—
(a)
40any risk there might be of the proposed application disrupting
the child’s life to such an extent that he or she would be harmed
by it (within the meaning of the 1989 Act),
(b) the applicant’s connection with the child, and
(c) any representations made to the court by—
(i) 45the child, or
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(ii)
a person who has applied for the adoption order or in
whose favour the adoption order is or has been made.
(c)(c)any representations made to the court by—
(i) the child, or
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(ii)
a person who has applied for the adoption order or in
whose favour the adoption order is or has been made.
(6)
When making an adoption order, the court may on its own initiative
make an order of the type mentioned in subsection (2)(b).
(7)
5The period of one year mentioned in subsection (3)(e) need not be
continuous but must not have begun more than five years before the
making of the application.
(8)
Where this section applies, an order under section 8 of the 1989 Act may
not make provision about contact between the child and any person
10who may be named in an order under this section.
(1) An order under section 51A—
(a) may contain directions about how it is to be carried into effect,
(b)
may be made subject to any conditions the court thinks
15appropriate,
(c)
may be varied or revoked by the court on an application by the
child, a person in whose favour the adoption order was made or
a person named in the order, and
(d) has effect until the child’s 18th birthday, unless revoked.
(2) 20Subsection (3) applies to proceedings—
(a) on an application for an adoption order in which—
(i)
an application is made for an order under section 51A,
or
(ii)
the court indicates that it is considering making such an
25order on its own initiative;
(b) on an application for an order under section 51A;
(c) on an application for such an order to be varied or revoked.
(3)
The court must (in the light of any rules made by virtue of subsection
(4))—
(a)
30draw up a timetable with a view to determining without delay
whether to make, (or as the case may be) vary or revoke an
order under section 51A, and
(b)
give directions for the purpose of ensuring, so far as is
reasonably practicable, that that timetable is adhered to.
(4) 35Rules of court may—
(a)
specify periods within which specified steps must be taken in
relation to proceedings to which subsection (3) applies, and
(b)
make other provision with respect to such proceedings for the
purpose of ensuring, so far as is reasonably practicable, that the
40court makes determinations about orders under section 51A
without delay.”
(2)
In section 1 of the Adoption and Children Act 2002 (considerations applying to
the exercise of powers relating to the adoption of a child), in subsection (7)(a)
after “section 26” insert “or 51A”.
(3)
45In section 26 of that Act (children placed, or authorised to be placed, for
adoption: contact), omit subsection (5).
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(4)
In section 9 of the Children Act 1989, in subsection (5)(a) (restrictions on
making certain orders with respect to children) after “order” insert “or an order
under section 51A of the Adoption and Children Act 2002 (post-adoption
contact)”.
In the Children Act 1989, in section 22 after subsection (3A) (duty of local
authorities to promote the educational achievement of looked after children)
10insert—
“(3B)
A local authority in England must appoint at least one person for the
purpose of discharging the duty imposed by virtue of subsection (3A).
(3C)
A person appointed by a local authority under subsection (3B) must be
an officer employed by that authority or another local authority in
15England.”
(1)
Before making a relevant family application, a person must attend a family
20mediation information and assessment meeting.
(2) Family Procedure Rules—
(a)
may provide for subsection (1) not to apply in circumstances specified
in the Rules,
(b)
may make provision about convening a family mediation information
25and assessment meeting, or about the conduct of such a meeting,
(c)
may make provision for the court not to issue, or otherwise deal with,
an application if, in contravention of subsection (1), the applicant has
not attended a family mediation information and assessment meeting,
and
(d)
30may provide for a determination as to whether an applicant has
contravened subsection (1) to be made after considering only evidence
of a description specified in the Rules.
(3) In this section—
“the court” means the High Court or the family court;
35“family mediation information and assessment meeting”, in relation to a
relevant family application, means a meeting held for the purpose of
enabling information to be provided about—
mediation of disputes of the kinds to which relevant family
applications relate,
40ways in which disputes of those kinds may be resolved
otherwise than by the court, and
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the suitability of mediation, or of any such other way of
resolving disputes, for trying to resolve any dispute to which
the particular application relates;
“family proceedings” has the same meaning as in section 75 of the Courts
5Act 2003;
“relevant family application” means an application that—
is made to the court in, or to initiate, family proceedings, and
is of a description specified in Family Procedure Rules.
(4)
This section is without prejudice to sections 75 and 76 of the Courts Act 2003
10(power to make Family Procedure Rules).
(1) Section 1 of the Children Act 1989 (welfare of the child) is amended as follows.
(2) After subsection (2) insert—
“(2A)
A court, in the circumstances mentioned in subsection (4)(a) or (7), is as
15respects each parent within subsection (6)(a) to presume, unless the
contrary is shown, that involvement of that parent in the life of the child
concerned will further the child’s welfare.”
(3) After subsection (5) insert—
“(6)
In subsection (2A) “parent” means parent of the child concerned; and,
20for the purposes of that subsection, a parent of the child concerned—
(a)
is within this paragraph if that parent can be involved in the
child’s life in a way that does not put the child at risk of
suffering harm; and
(b)
is to be treated as being within paragraph (a) unless there is
25some evidence before the court in the particular proceedings to
suggest that involvement of that parent in the child’s life would
put the child at risk of suffering harm whatever the form of the
involvement.
(7)
The circumstances referred to are that the court is considering whether
30to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5)
(parental responsibility of parent other than mother).”
(1) Section 8(1) of the Children Act 1989 is amended as follows.
(2) Omit the definitions of “contact order” and “residence order”.
(3) 35After “In this Act—” insert—
““child arrangements order” means an order regulating
arrangements relating to any of the following—
with whom a child is to live, spend time or otherwise
have contact, and
40when a child is to live, spend time or otherwise have
contact with any person;”.
(4) Schedule 2 (amendments relating to child arrangements orders) has effect.
Children and Families BillPage 11
(1)
A person may not without the permission of the court instruct a person to
provide expert evidence for use in children proceedings.
(2)
Where in contravention of subsection (1) a person is instructed to provide
5expert evidence, evidence resulting from the instructions is inadmissible in
children proceedings unless the court rules that it is admissible.
(3)
A person may not without the permission of the court cause a child to be
medically or psychiatrically examined or otherwise assessed for the purposes
of the provision of expert evidence in children proceedings.
(4)
10Where in contravention of subsection (3) a child is medically or psychiatrically
examined or otherwise assessed, evidence resulting from the examination or
other assessment is inadmissible in children proceedings unless the court rules
that it is admissible.
(5)
In children proceedings, a person may not without the permission of the court
15put expert evidence (in any form) before the court.
(6)
The court may give permission as mentioned in subsection (1), (3) or (5) only if
the court is of the opinion that the expert evidence is necessary to assist the
court to resolve the proceedings justly.
(7)
When deciding whether to give permission as mentioned in subsection (1), (3)
20or (5) the court is to have regard in particular to—
(a)
any impact which giving permission would be likely to have on the
welfare of the children concerned, including in the case of permission
as mentioned in subsection (3) any impact which any examination or
other assessment would be likely to have on the welfare of the child
25who would be examined or otherwise assessed,
(b) the issues to which the expert evidence would relate,
(c) the questions which the court would require the expert to answer,
(d)
what other expert evidence is available (whether obtained before or
after the start of proceedings),
(e)
30whether evidence could be given by another person on the matters on
which the expert would give evidence,
(f)
the impact which giving permission would be likely to have on the
timetable for, and duration and conduct of, the proceedings,
(g) the cost of the expert evidence, and
(h) 35any matters prescribed by Family Procedure Rules.
(8)
References in this section to providing expert evidence, or to putting expert
evidence before a court, do not include references to—
(a) the provision or giving of evidence—
(i)
by a person who is a member of the staff of a local authority or
40of an authorised applicant,
(ii)
in proceedings to which the authority or authorised applicant is
a party, and
(iii)
in the course of the person’s work for the authority or
authorised applicant,
(b) 45the provision or giving of evidence—
Children and Families BillPage 12
(i)
by a person within a description prescribed for the purposes of
subsection (1) of section 94 of the Adoption and Children Act
2002 (suitability for adoption etc.), and
(ii) about the matters mentioned in that subsection,
(c)
5the provision or giving of evidence by an officer of the Children and
Family Court Advisory and Support Service when acting in that
capacity, or
(d)
the provision or giving of evidence by a Welsh family proceedings
officer (as defined by section 35(4) of the Children Act 2004) when
10acting in that capacity.
(9) In this section—
“authorised applicant” means—
the National Society for the Prevention of Cruelty to Children,
or
15a person authorised by an order under section 31 of the
Children Act 1989 to bring proceedings under that section;
“child” means a person under the age of 18;
“children proceedings” has such meaning as may be prescribed by Family
Procedure Rules;
20“the court”, in relation to any children proceedings, means the court in
which the proceedings are taking place;
“local authority”—
in relation to England means—
a county council,
25a district council for an area for which there is no county
council,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly, and
30in relation to Wales means a county council or a county borough
council.
(10)
The preceding provisions of this section are without prejudice to sections 75
and 76 of the Courts Act 2003 (power to make Family Procedure Rules).
(11)
In section 38 of the Children Act 1989 (court’s power to make interim care and
35supervision orders, and to give directions as to medical examination etc. of
children) after subsection (7) insert—
“(7A)
A direction under subsection (6) to the effect that there is to be a
medical or psychiatric examination or other assessment of the child
may be given only if the court is of the opinion that the examination or
40other assessment is necessary to assist the court to resolve the
proceedings justly.
(7B)
When deciding whether to give a direction under subsection (6) to that
effect the court is to have regard in particular to—
(a)
any impact which any examination or other assessment would
45be likely to have on the welfare of the child, and any other
impact which giving the direction would be likely to have on
the welfare of the child,
(b)
the issues with which the examination or other assessment
would assist the court,
Children and Families BillPage 13
(c)
the questions which the examination or other assessment would
enable the court to answer,
(d) the evidence otherwise available,
(e)
the impact which the direction would be likely to have on the
5timetable, duration and conduct of the proceedings,
(f) the cost of the examination or other assessment, and
(g) any matters prescribed by Family Procedure Rules.”
(1) The Children Act 1989 is amended as follows.
(2)
10In section 32(1)(a) (timetable for dealing with application for care or
supervision order) for “disposing of the application without delay; and”
substitute “disposing of the application—
(i) without delay, and
(ii)
in any event within twenty-six weeks beginning with
15the day on which the application was issued; and”.
(3) In section 32 (care and supervision orders) after subsection (2) insert—
“(3)
A court, when drawing up a timetable under subsection (1)(a), must in
particular have regard to—
(a)
the impact which the timetable would have on the welfare of the
20child to whom the application relates; and
(b)
the impact which the timetable would have on the conduct of
the proceedings.
(4)
A court, when revising a timetable drawn up under subsection (1)(a) or
when making any decision which may give rise to a need to revise such
25a timetable (which does not include a decision under subsection (5)),
must in particular have regard to—
(a)
the impact which any revision would have on the welfare of the
child to whom the application relates; and
(b)
the impact which any revision would have on the duration and
30conduct of the proceedings.
(5)
A court in which an application under this Part is proceeding may
extend the period that is for the time being allowed under subsection
(1)(a)(ii) in the case of the application, but may do so only if the court
considers that the extension is necessary to enable the court to resolve
35the proceedings justly.
(6)
When deciding whether to grant an extension under subsection (5), a
court must in particular have regard to—
(a)
the impact which any ensuing timetable revision would have on
the welfare of the child to whom the application relates, and
(b)
40the impact which any ensuing timetable revision would have on
the duration and conduct of the proceedings;
and here “ensuing timetable revision” means any revision, of the
timetable under subsection (1)(a) for the proceedings, which the court
considers may ensue from the extension.
(7)
45When deciding whether to grant an extension under subsection (5), a
court is to take account of the following guidance: extensions are not to
Children and Families BillPage 14
be granted routinely and are to be seen as requiring specific
justification.
(8)
Each separate extension under subsection (5) is to end no more than
eight weeks after the later of—
(a) 5the end of the period being extended; and
(b) the end of the day on which the extension is granted.
(9)
The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or
the opening words of subsection (8), for the purpose of varying the
period for the time being specified in that provision.
(10) 10Rules of court may provide that a court—
(a)
when deciding whether to exercise the power under subsection
(5), or
(b) when deciding how to exercise that power,
must, or may or may not, have regard to matters specified in the rules,
15or must take account of any guidance set out in the rules.”
(4) In section 38 (interim care and supervision orders)—
(a) in subsection (4) (duration of interim order) omit—
(i) paragraph (a) (order may not last longer than 8 weeks), and
(ii)
paragraph (b) (subsequent order generally may not last longer
20than 4 weeks),
(b) in that subsection after paragraph (d) insert—
“(da)
in a case which falls within subsection (1)(b) and in
which—
(i)
no direction has been given under section 37(4),
25and
(ii)
no application for a care order or supervision
order has been made with respect to the child,
the expiry of the period of eight weeks beginning with
the date on which the order is made;”, and
(c) 30omit subsection (5) (interpretation of subsection (4)(b)).
(5)
In section 11(1) (section 8 orders: court’s duty, in the light of rules made by
virtue of section 11(2), to draw up timetable and give directions to implement
it) for “rules made by virtue of subsection (2))” substitute “provision in rules of
court that is of the kind mentioned in subsection (2)(a) or (b))”.
(6)
35In section 14E(1) (special guardianship orders: court’s duty, in the light of rules
made by virtue of subsection (3), to draw up timetable and give directions to
implement it) for “rules made by virtue of subsection (3))” substitute
“provision in rules of court that is of the kind mentioned in section 11(2)(a) or
(b))”.
(7)
40In section 32(1) (care and supervision orders: court’s duty, in the light of rules
made by virtue of section 32(2), to draw up timetable and give directions to
implement it)—
(a)
for “hearing an application for an order under this Part” substitute “in
which an application for an order under this Part is proceeding”, and
(b)
45for “rules made by virtue of subsection (2))” substitute “provision in
rules of court that is of the kind mentioned in subsection (2)(a) or (b))”.
Children and Families BillPage 15
(8)
In section 109(1) of the Adoption and Children Act 2002 (adoption and
placement orders: court’s duty, in the light of rules made by virtue of section
109(2), to draw up timetable and give directions to implement it) for “rules
made by virtue of subsection (2))” substitute “provision in rules of court that is
5of the kind mentioned in subsection (2)(a) or (b))”.
(1)
For section 31(3A) of the Children Act 1989 (no care order to be made until
court has considered section 31A care plan) substitute—
“(3A) A court deciding whether to make a care order—
(a)
10is required to consider the permanence provisions of the section
31A plan for the child concerned, but
(b)
is not required to consider the remainder of the section 31A
plan, subject to section 34(11).
(3B)
For the purposes of subsection (3A), the permanence provisions of a
15section 31A plan are such of the plan’s provisions setting out the long-
term plan for the upbringing of the child concerned as provide for any
of the following—
(a)
the child to live with any parent of the child’s or with any other
member of, or any friend of, the child’s family;
(b) 20adoption;
(c) long-term care not within paragraph (a) or (b).
(3C)
The Secretary of State may by regulations amend this section for the
purpose of altering what for the purposes of subsection (3A) are the
permanence provisions of a section 31A plan.”
(2) 25In section 31A of the Children Act 1989 (care plans)—
(a)
in subsection (1) (where application made for care order, care plan to be
prepared within such time as the court may direct) for “the court may
direct” substitute “may be prescribed”, and
(b) after subsection (4) insert—
“(4A) 30In this section “prescribed”—
(a)
in relation to a care plan whose preparation is the
responsibility of a local authority for an area in England,
means prescribed by the Secretary of State; and
(b)
in relation to a care plan whose preparation is the
35responsibility of a local authority in Wales, means
prescribed by the Welsh Ministers.”
(3)
In consequence of subsection (1), section 121(1) of the Adoption and Children
Act 2002 is repealed.
(1) 40In section 104 of the Children Act 1989 (regulations and orders)—
(a)
in subsections (2) and (3A) (regulations within subsection (3B) or (3C)
not subject to annulment but to be approved in draft) after “(3B)” insert
“, (3BA)”, and
Children and Families BillPage 16
(b) after subsection (3B) insert—
“(3BA)
Regulations fall within this subsection if they are regulations
made in the exercise of the power conferred by section 31(3C) or
32(9).”
(2)
5In section 104A(1) of the Children Act 1989 (regulations made by the Welsh
Ministers to be made by statutory instrument) after “Part 3,” insert “section
31A,”.
(1) The following are repealed—
(a)
10section 41 of the Matrimonial Causes Act 1973 (in proceedings for
divorce etc. court is to consider whether to exercise powers under
Children Act 1989);
(b)
section 63 of the Civil Partnership Act 2004 (in proceedings for
dissolution etc. court is to consider whether to exercise powers under
15Children Act 1989).
(2)
The following amendments and repeals are in consequence of the repeals made
by subsection (1).
(3)
In section 9(1)(a) of the Matrimonial Causes Act 1973 (proceedings after decree
of divorce: power to make decree absolute is subject to section 41)—
(a) 20for “sections” substitute “section”, and
(b) omit “and 41”.
(4)
In section 17(2) of that Act (grant of decree of judicial separation is subject to
section 41) omit “, subject to section 41 below,”.
(5)
Omit paragraph 31 of Schedule 12 to the Children Act 1989 (which substitutes
25section 41 of the Matrimonial Causes Act 1973).
(6)
In section 40(4)(b) of the Civil Partnership Act 2004 (proceedings after
conditional order: power to make order final is subject to section 63) omit the
words from “and section 63” to the end.
(7)
In section 56(3) of that Act (making of separation order is subject to section 63)
30omit “, subject to section 63,”.
(1)
Part 2 of the Family Law Act 1996 (divorce and separation), except section 22
(the only provision of Part 2 which is in force), is repealed.
(2)
In consequence of subsection (1), the following provisions of the Family Law
35Act 1996 (which relate to provisions of Part 2) are repealed—
(a) section 1(c) and (d),
(b) section 63(2)(a),
(c) section 64(1)(a),
(d) in section 65(5) the words “to rules made under section 12 or”,
(e) 40Part 1 of Schedule 8, except—
(i)
paragraph 16(5)(a), (6)(b) and (7) (which have been brought into
force), and
(ii) paragraphs 4 and 16(1) (which relate to those provisions),
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(f)
in Schedule 9, paragraphs 1 and 2 and, in paragraph 4, the definitions
of “decree”, “instrument” and “petition”, and
(j) in Schedule 10, the entries relating to—
(i) the Matrimonial Causes Act 1973,
(ii) 5the Domicile and Matrimonial Proceedings Act 1973,
(iii)
sections 1, 7 and 63 of, and paragraph 38 of Schedule 2 to, the
Domestic Proceedings and Magistrates’ Courts Act 1978,
(iv) the Senior Courts Act 1981,
(v) the Administration of Justice Act 1982,
(vi) 10the Matrimonial and Family Proceedings Act 1984,
(vii) the Family Law Act 1986, and
(viii) Schedule 13 to the Children Act 1989.
(3)
In consequence of subsections (1) and (2), the following provisions are
repealed—
(a) 15paragraphs 50 to 52 of Schedule 4 to the Access to Justice Act 1999,
(b)
the following provisions of the Welfare Reform and Pensions Act
1999—
(i) section 28(1)(b) and (c), (2), (4) and (5),
(ii) section 48(1)(b) and (c), (2), (4) and (5), and
(iii) 20in Schedule 12, paragraphs 64 to 66,
(c)
paragraphs 22 to 25 of Schedule 1 to the Constitutional Reform Act
2005,
(d) paragraph 12 of Schedule 2 to the Children and Adoption Act 2006, and
(e)
the following provisions of Schedule 5 to the Legal Aid, Sentencing and
25Punishment of Offenders Act 2012—
(i) paragraphs 43 to 45, and
(ii)
in the second column of the Table in Part 2, paragraph (l) of the
entry relating to Schedule 4 to the Access to Justice Act 1999.
(4)
In consequence of subsection (1), in section 1 of the Family Law Act 1996
30(general principles underlying Part 2), in the words before paragraph (a) and
in the title, for “Parts II and III” substitute “section 22”.