House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

Public Bill Committee Proceedings: 18 April 2013
51

Children and Families Bill, continued

“(ba)
in the case of a local authority in England, any

learning difficulties or disabilities (within the

meaning of section 15ZA(6) and (7)) the persons may

have;

(bb)
in the case of a local authority in Wales, any learning

difficulties (within the meaning of section 41(5) and

(6) of the Learning and Skills Act 2000) the persons

may have;”.’.

Mr Edward Timpson

Agreed to  228

Schedule  3,  page  139,  leave out lines 5 to 8.

Mr Edward Timpson

Agreed to  229

Schedule  3,  page  139,  line  8,  at end insert—

‘2A(1)
Section 312 (meaning of “special educational needs” and “special educational

provision” etc) is amended as follows.

      (2)
In subsections (1) and (2), after “child” insert “in the area of a local authority

in Wales”.

      (3)
In subsection (3A)—

(a)
in paragraph (a)—

(i)
omit “15ZA”, and

(ii)
for “, 15B and 507B” substitute “and 15B”, and

(b)
in paragraph (b), before “determining” substitute “a local authority in

Wales”.

      (4)
In subsection (4), after ““special educational provision”” insert “, in relation to

a child in the area of a local authority in Wales,”.’.

Mr Edward Timpson

Agreed to  230

Schedule  3,  page  139,  line  9,  leave out paragraph 3 and insert—

‘3  (1)
Section 313 (code of practice) is amended as follows.

      (2)
In subsections (1) and (4) for “Secretary of State” substitute “Welsh

Ministers”.

      (3)
In subsection (5)—

(a)
after “means” insert “the Special Educational Needs Tribunal for

Wales.”, and

(b)
omit paragraphs (a) and (b).

3A  (1)
Section 314 (making and approval of code) is amended as follows.

      (2)
In subsection (1)—

(a)
for “Secretary of State proposes” substitute “Welsh Ministers

propose”, and

(b)
for “he” substitute “they”.

      (3)
In subsection (2)—

(a)
for “Secretary of State” substitute “Welsh Ministers”,

(b)
for “he thinks” substitute “they think”, and

(c)
for “them” substitute “those persons”.

      (4)
For subsection (3) substitute—

Public Bill Committee Proceedings: 18 April 2013
52

Children and Families Bill, continued

“(3)
If the Welsh Ministers determine to proceed with the draft (either in its

original form or with such modifications as they think fit) they shall

lay it before the National Assembly for Wales.”

      (5)
In subsection (4)—

(a)
for “each house, the Secretary of State” substitute “the National

Assembly for Wales, the Welsh Ministers”, and

(b)
for “the Secretary of State may” substitute “the Welsh Ministers

may”.’.

Mr Edward Timpson

Agreed to  231

Schedule  3,  page  139,  line  14,  at end insert—

      ‘()
In subsection (2) —

(a)
in paragraph (a), for sub-paragraph (ii) substitute—

“(ii)
the governing body of the school or, if the

school is in England, its head teacher,”, and

(b)
in paragraph (c), for sub-paragraph (ii) substitute—

“(ii)
the governing body of the school or, if the

school is in England, its head teacher,”.’.

Mr Edward Timpson

Agreed to  232

Schedule  3,  page  139,  line  16,  leave out ‘National Assembly for Wales’ and insert

‘Welsh Ministers’.

Mr Edward Timpson

Agreed to  233

Schedule  3,  page  139,  line  18,  leave out sub-paragraph (3) and insert—

      ‘()
In subsection (10)—

(a)
omit “, in relation to Wales,”, and

(b)
for “National Assembly for Wales” substitute “Welsh Ministers”.’.

Mr Edward Timpson

Agreed to  234

Schedule  3,  page  139,  line  18,  at end insert—

‘4A
In section 317 (duties of governing body or local authority in relation to pupils

with special educational needs), in subsection (5)—

(a)
after “foundation special school shall” insert “include special needs

information in the report prepared under section 30(1) of the

Education Act 2002 (governors’ report).”, and

(b)
omit paragraphs (a) and (b).

4B  (1)
Section 318 (provision of goods and services in connection with special

educational needs) is amended as follows.

      (2)
Omit subsections (3) and (3A).

      (3)
In subsection (3B) omit “in Wales” (in the first place it occurs).

      (4)
In consequence of the repeal made by sub-paragraph (2)—

(a)
in Schedule 30 to the School Standards and Framework Act 1998 omit

paragraph 75(4),

(b)
in the Education Act 2002, in section 194 omit subsection (2)(a), and

(c)
in Schedule 2 to the Childcare Act 2006, omit paragraph 21.

Public Bill Committee Proceedings: 18 April 2013
53

Children and Families Bill, continued

4C
In section 326 (appeal against contents of statement), in subsection (4)(c) for

the words from “in the case” to “in the proceedings” substitute “in the

proceedings the child has proposed the school”.

4D  (1)
Section 326A (unopposed appeals) is amended as follows.

      (2)
In subsection (1), for paragraph (a) substitute—

“(a)
the parent of a child, or a child, has appealed to the Tribunal

under section 325, 328, 329 or 329A or paragraph 8(3) of

Schedule 27 against a decision of a local authority, and”.

      (3)
In subsection (6)—

(a)
after “regulations made” insert “by the Welsh Ministers”, and

(b)
omit paragraphs (a) and (b).

4E  (1)
Section 328A (appeal against determination of local authority in England not

to amend statement following review) is repealed.

      (2)
In consequence of the repeal made by sub-paragraph (1), section 2 of the

Children, Schools and Families Act 2010 is repealed.

4F  (1)
Section 329A (review or assessment of educational needs at request of

responsible body) is amended as follows.

      (2)
In subsection (14)—

(a)
after ““Relevant early years education”” insert “has the same meaning

as it has (in relation to Wales) in section 123 of the School Standards

and Framework Act 1998 except that it does not include early years

education provided by a local authority at a maintained nursery

school.”, and

(b)
omit paragraphs (a) and (b).

      (3)
In subsection (15)—

(a)
omit “, in relation to Wales,”, and

(b)
for “National Assembly for Wales” substitute “Welsh Ministers”.

      (4)
In consequence of the amendments made by sub-paragraph (2), in paragraph

22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph (4).

      (5)
Until the coming into force in relation to Wales of the amendments made by

paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A

of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph

(2)) there were substituted—

“(14)
“Relevant nursery education” has the same meaning as in section 123

of the School Standards and Framework Act 1998, except that it does

not include nursery education provided by a local authority at a

maintained nursery school.”

4G  (1)
Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended

as follows.

      (2)
In subsection (1) omit “Welsh”.

      (3)
In the title omit “Welsh”.

4H
In section 332ZB (notice and service of documents on a child in relation to an

appeal by the child), in subsection (1) omit “in Wales”.

4I  (1)
Section 332ZC (case friends—Wales) is amended as follows.

      (2)
In subsection (1), in paragraph (a) omit “in Wales”.

      (3)
In subsection (3), in paragraph (a) omit “Welsh”.

      (4)
In the title, omit “—Wales”.

4J  (1)
Section 332A (advice and information for parents—England) is repealed.

      (2)
In consequence of the repeal made by sub-paragraph (1), section 2 of the

Special Educational Needs and Disability Act 2001 is repealed.

Public Bill Committee Proceedings: 18 April 2013
54

Children and Families Bill, continued

      (3)
The repeals made by sub-paragraphs (1) and (2) do not affect the application

for the time being of section 332A to certain local authorities in Wales by

virtue of article 4(a) of the Education (Wales) Measure 2009 (Commencement

No 3 and Transitional Provisions) Order 2012 (SI 2012/320).

4K  (1)
Section 332AA (advice and information— Wales) is amended as follows.

      (2)
In subsection (1) omit “in Wales”.

      (3)
In the title, omit “— Wales”.

4L  (1)
Section 332B (resolution of disputes—England) is repealed.

      (2)
In consequence of the repeal made by sub-paragraph (1), section 3 of the

Special Educational Needs and Disability Act 2001 is repealed.

      (3)
The repeals made by sub-paragraphs (1) and (2) do not affect the application

for the time being of section 332B to certain local authorities in Wales by

virtue of article 4(b) of the Education (Wales) Measure 2009 (Commencement

No 3 and Transitional Provisions) Order 2012 (SI 2012/320).

4M  (1)
Section 332BA (resolution of disputes—Wales) is amended as follows.

      (2)
In subsections (1) and (2) omit “in Wales”.

      (3)
In the title, omit “—Wales”.

4N  (1)
Section 332BB (independent advocacy services—Wales) is amended as

follows.

      (2)
In subsections (1) and (5) omit “in Wales”.

      (3)
In the title, omit “—Wales”.

4O  (1)
Sections 332C to 332E (information about children in England with special

educational needs) are repealed, and the cross-heading which precedes section

332C is omitted.

      (2)
In consequence of the repeals made by sub-paragraph (1), section 1 of the

Special Educational Needs (Information) Act 2008 is repealed.

4P
In the cross-heading which precedes section 333 (Special Educational Needs

Tribunal) after “Tribunal” insert “for Wales”.

4Q  (1)
Section 333 (constitution of Welsh Tribunal) is amended as follows.

      (2)
Omit subsection (1ZB).

      (3)
In the following provisions, omit “Welsh”—

(a)
subsection (1),

(b)
in subsection (2), paragraphs (a), (b) and (c),

(c)
in subsection (5), paragraph (a), and paragraph (b) (in the first place it

occurs), and

(d)
subsection (6) (in the second place it occurs).

      (4)
In the title, omit “Welsh”.

4R
In section 335 (remuneration and expenses), in subsection (1) and (2) omit

“Welsh” (in each case, in the second place it occurs).

4S  (1)
Section 336 (Tribunal procedure) is amended as follows.

      (1)
In the following provisions omit “Welsh”—

(a)
subsection (1) (in the second place it occurs),

(b)
in subsection (2), paragraphs (b), (o) and (p),

(c)
subsection (2A),

(d)
subsection (3) (in the second place it occurs), and

(e)
subsection (4) (in the first place it occurs).

      (2)
Omit subsection (5A).

      (3)
In subsection (6) omit “or (5A)”.

4T  (1)
Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is

amended as follows.

Public Bill Committee Proceedings: 18 April 2013
55

Children and Families Bill, continued

      (2)
In the following provisions, omit “Welsh”—

(a)
subsection (1) (in both places it occurs),

(b)
subsection (2), and

(c)
subsection (3).

      (3)
In the title, omit “Welsh”.

4U
In section 336A (compliance with orders), in subsection (2)—

(a)
after “made” insert “by the Welsh Ministers with the agreement of the

Secretary of State.”, and

(b)
omit paragraphs (a) and (b).’.

Mr Edward Timpson

Agreed to  235

Schedule  3,  page  139,  line  29,  at end insert—

‘   (1)
Section 348 (provision of special education at non-maintained schools) is

amended as follows.

      (2)
In subsection (1) after paragraph (a) (and before the “and” which follows it)

insert—

“(aa)
the child is in the area of a local authority in Wales,”.

      (3)
In the title, at the end insert “—Wales”.’.

Mr Edward Timpson

Agreed to  236

Schedule  3,  page  140,  line  33,  at end insert—

‘11A (1)
Section 483A (city colleges and academies: special educational needs) is

amended as follows.

      (2)
In subsection (2), in paragraph (a) for “a statement is maintained under section

324” substitute “an EHC plan or a statement under section 324 is maintained”.

      (3)
In subsection (3), in paragraph (a) for “the statement” substitute “the EHC

plan”.

      (4)
In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the plan

or”.

11B
In section 507B (local authorities in England: functions in respect of leisure-

time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24),

in subsection (2)(b) after “learning difficulty” insert “or disability”.

11C
In section 508F (local authorities in England: provision of transport etc for

adult learners), in subsection (9) in the definition of “relevant young adult” for

“who is aged under 25 and is subject to learning difficulty assessment”

substitute “for whom an EHC plan is maintained”.

11D
In the title of section 508I (complaints about transport arrangements etc for

young adults subject to learning difficulty assessment: England), for “adults

subject to learning difficulty assessment” substitute “adult for whom EHC plan

is maintained”.

11E(1)
Section 509AB (local authorities in England: further provision about transport

policy statements for persons of sixth form age) is amended as follows.

      (2)
In subsection (1) after “difficulties” insert “or disabilities”.

      (3)
In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or

disabilities”.

11F
In section 509AC (interpretation of sections 509AA and 509AB), in subsection

(4) after “learning difficulties” insert “or disabilities”.

11G(1)
Section 514A (provision of boarding accommodation for persons subject to

learning difficulty assessment) is amended as follows.

Public Bill Committee Proceedings: 18 April 2013
56

Children and Families Bill, continued

      (2)
In subsection (1)—

(a)
after “who is” insert “over compulsory school age and for whom an

EHC plan is maintained.”, and

(b)
omit paragraphs (a) and (b).

      (3)
In the title, for “persons subject to learning difficulty assessment” substitute

“person for whom an EHC plan is maintained”.

11H
In section 517 (payment of fees at schools not maintained by a local authority),

in subsection (1), for “or Part IV (special education needs)” substitute “, Part

4 (special education needs) or Part 3 of the Children and Families Act 2013

(children and young people in England with special educational needs)”.

11I(1)
Section 532A (direct payments: persons with special educational needs or

subject to learning difficulty assessment) is amended as follows.

      (2)
In subsection (1)—

(a)
after “(“the beneficiary”)” insert “for whom the authority maintain an

EHC plan.”, and

(b)
omit paragraphs (a) and (b).

      (3)
In subsection (2)—

(a)
for paragraph (a) substitute—

“(a)
special educational provision specified in the EHC

plan;”, and

(b)
omit paragraph (b).

      (4)
In the title, omit “or subject to learning difficulty assessment”.

11J
In section 532B (direct payments: pilot schemes), in subsection (9) for

paragraph (a) substitute—

“(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”.

Public Bill Committee Proceedings: 18 April 2013
57

Children and Families Bill, continued

      (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”.’.

Mr Edward Timpson

Agreed to  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

Agreed to  238

Schedule  3,  page  141,  line  6,  at end insert—

‘( )
after the entry for “interest in land” insert—



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