Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 8 — Right to request flexible working
112

80G(1)(a)) there is substituted—
“(3)
In the case of an application which has not been disposed of by
agreement or withdrawn, no complaint under subsection (1)(a) or (b)
may be made until—
(a)
the employer notifies the employee of the employer’s decision
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on the application, or
(b)
if the decision period applicable to the application (see section
80G(1B)) comes to an end without the employer notifying the
employee of the employer’s decision on the application, the end
of the decision period.
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(3A)
If an employer allows an employee to appeal a decision to reject an
application, a reference in other subsections of this section to the
decision on the application is a reference to the decision on the appeal
or, if more than one appeal is allowed, the decision on the final appeal.
(3B)
If an agreement to extend the decision period is made as described in
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section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a
complaint until the end of the extended period.”
(5)
After subsection (3B) (inserted by subsection (4)) there is inserted—
“(3C)
A complaint under subsection (1)(c) may be made as soon as the
notification under section 80G(1D) complained of is given to the
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employee.”
(6)
In subsection (6) (meaning of the relevant date), from “relevant date” to the end
there is substituted “relevant date is a reference to the first date on which the
employee may make a complaint under subsection (1)(a), (b) or (c), as the case
may be.”
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104
Review of sections 101 to 103
(1)
The Secretary of State must from time to time—
(a)
carry out a review of sections 101 to 103,
(b)
set out the conclusions of the review in a report, and
(c)
publish the report.
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(2)
The report must in particular—
(a)
set out the objectives intended to be achieved by the amendments of the
Employment Rights Act 1996 made by sections 101 to 103,
(b)
assess the extent to which those objectives are achieved, and
(c)
assess whether those objectives remain appropriate and, if so, the
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extent to which they could be achieved in a way that imposes less
regulation.
(3)
The first report to be published under this section must be published before the
end of the period of seven years beginning with the day on which sections 101
to 103 come into force.
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(4)
Reports under this section are afterwards to be published at intervals not
exceeding seven years.

Children and Families Bill
Part 9 — General provisions
113

Part 9
General provisions
105
Orders and regulations
(1)
A power to make an order or regulations under this Act is exercisable by
statutory instrument.
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(2)
A power to make an order or regulations under this Act includes power—
(a)
to make different provision for different purposes (including different
areas);
(b)
to make provision generally or in relation to specific cases.
(3)
A power to make an order or regulations under this Act (except a power
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conferred by section 67(5), 107 or 109) includes power to make incidental,
supplementary, consequential, transitional or transitory provision or savings.
(4)
Subject to subsection (5), a statutory instrument that contains an order or
regulations made under this Act by the Secretary of State or the Lord
Chancellor is subject to annulment in pursuance of a resolution of either House
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of Parliament.
(5)
Subsection (4) does not apply to—
(a)
a statutory instrument containing an order under section 67(5), 107 or
109, or
(b)
a statutory instrument to which subsection (6) applies.
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(6)
A statutory instrument containing (whether alone or with other provision) an
order under section 54(1) or 106(1) which amends, repeals or revokes any
provision of primary legislation is not to be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
of Parliament.
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(7)
“Primary legislation” means—
(a)
an Act of Parliament;
(b)
a Measure or Act of the National Assembly for Wales.
106
Consequential amendments, repeals and revocations
(1)
The Secretary of State or the Lord Chancellor may by order make provision in
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consequence of any provision of this Act.
(2)
The power conferred by subsection (1) includes power to amend, repeal,
revoke or otherwise modify any provision made by or under an enactment
(including any enactment passed or made in the same Session as this Act).
(3)
“Enactment” includes a Measure or Act of the National Assembly for Wales.
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107
Transitional, transitory or saving provision
The Secretary of State or the Lord Chancellor may by order make transitional,
transitory or saving provision in connection with the coming into force of any
provision of this Act.

Children and Families Bill
Part 9 — General provisions
114

108
Financial provision
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenses incurred by a Minister of the Crown or a government
department under this Act, and
(b)
any increase attributable to this Act in the sums payable under any
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other Act out of money so provided.
(2)
There is to be paid into the Consolidated Fund any increase attributable to this
Act in the sums payable into that Fund under any other Act.
109
Commencement
(1)
This Part comes into force on the day on which this Act is passed.
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(2)
Sections 10, 13 and 17 come into force on such day as the Lord Chancellor
appoints by order.
(3)
Section 18 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.
(4)
The remaining provisions of this Act come into force on such day as the
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Secretary of State appoints by order.
(5)
An order under subsection (2) or (4) may appoint different days for different
purposes.
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Short title and extent
(1)
This Act may be cited as the Children and Families Act 2013.
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(2)
Part 3 of this Act (children and young people in England with special
educational needs) is to be included in the list of Education Acts set out in
section 578 of the Education Act 1996.
(3)
This Act extends to England and Wales only, subject to the following
subsections.
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(4)
Sections 96(2) to (4) and 104 extend to England and Wales and Scotland.
(5)
Section 96(3) and (4), so far as relating to paragraphs 5, 55 to 61 and 63 of
Schedule 7, extends to Northern Ireland.
(6)
This Part extends to the whole of the United Kingdom.
(7)
An amendment or repeal made by this Act has the same extent as the provision
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to which it relates (ignoring extent by virtue of an Order in Council).

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Children and Families Bill
Schedule 1 — The Adoption and Children Act Register

Schedules
Schedule 1
Section 6

The Adoption and Children Act Register
1
The Adoption and Children Act 2002 is amended as follows.
2     (1)
Section 125 (Adoption and Children Act Register) is amended as follows.
5
      (2)
In subsection (1) for “Her Majesty may by Order in Council make provision
for the Secretary of State to” substitute “The Secretary of State may”.
      (3)
After subsection (1) insert—
“(1A)
Regulations may provide that the register may contain—
(a)
prescribed information about children who a Welsh, Scottish
10
or Northern Irish adoption agency is satisfied are suitable for
adoption,
(b)
prescribed information about prospective adopters who a
Welsh, Scottish or Northern Irish adoption agency is satisfied
are suitable to adopt a child,
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(c)
prescribed information about persons included in the register
in pursuance of paragraph (a) or (b) in respect of things
occurring after their inclusion.”
      (4)
In subsection (2) for “an Order under this section” substitute “regulations”.
      (5)
In subsection (4) for “An Order under this section” substitute “Regulations”.
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3     (1)
Section 126 (use of an organisation to establish the register) is amended as
follows.
      (2)
In subsection (1) omit “under an Order under section 125”.
      (3)
In subsection (3) omit “(or general application in any part of Great Britain)”.
      (4)
Omit subsection (4).
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4     (1)
Section 127 (use of an organisation as agency for payments) is amended as
follows.
      (2)
In subsection (1) for “An Order under section 125” substitute “Regulations”.
      (3)
In subsection (2) omit “(or general application in any part of Great Britain)”.
      (4)
Omit subsection (3).
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5     (1)
Section 128 (supply of information for the register) is amended as follows.
      (2)
In subsection (1) for “An Order under section 125” substitute “Regulations”.
      (3)
In subsection (2) for “the Order” substitute “regulations”.

Children and Families Bill
Schedule 1 — The Adoption and Children Act Register
116

      (4)
In subsection (3) for “An Order under section 125” substitute “Regulations”.
6     (1)
Section 129 (disclosure of information) is amended as follows.
      (2)
In subsection (1) for “or (3)” substitute “, (2A) or (3) or section 128A”.
      (3)
After subsection (2) insert—
“(2A)
Regulations may provide that the Secretary of State or the
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registration organisation may disclose prescribed information
entered in the register—
(a)
to Welsh, Scottish or Northern Irish adoption agencies, or
(b)
for the purpose of enabling the information to be entered in a
register which is maintained in respect of Wales, Scotland or
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Northern Ireland and which contains information about
children who are suitable for adoption.”
      (4)
In subsection (4), for “An Order under section 125” substitute “Regulations”.
      (5)
In subsection (5) omit paragraph (b) (and the “or” which precedes it).
      (6)
In subsection (6) after “(2)” insert “, (2A)”.
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      (7)
In subsection (7)—
(a)
for “An Order under section 125” substitute “Regulations”,
(b)
after paragraph (a), (and before the “or” which follows it) insert—
“(aa)
by a prescribed Welsh, Scottish or Northern Irish
adoption agency in respect of information disclosed
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under subsection (2A)(a),”, and
(c)
in paragraph (b) after “subsection” insert “(2A)(b) or”.
7
Section 130 (territorial application) is repealed.
8     (1)
Section 131 (supplementary) is amended as follows.
      (2)
In subsection (1)—
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(a)
before paragraph (a) insert—
“(za)
“adoption agency” means—
(i)
a local authority in England,
(ii)
a registered adoption society whose principal
office is in England,”,
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(b)
in paragraph (b) for “an Order under section 125” substitute
“regulations”,
(c)
after paragraph (c) insert—
“(ca)
“Welsh adoption agency” means—
(i)
a local authority in Wales,
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(ii)
a registered adoption society whose principal
office is in Wales.”, and
(d)
omit paragraphs (d) and (e).
      (3)
In subsection (2) after “sections” insert “(except sections 125(1A) and
129(2A))”.
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      (4)
After subsection (2) insert—
“(2A)
For the purposes of sections 125(1A) and 129(2A)—

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
117

(a)
a child is suitable for adoption if a Welsh, Scottish or
Northern Irish adoption agency is satisfied that the child
ought to be placed for adoption,
(b)
prospective adopters are suitable to adopt a child if a Welsh,
Scottish or Northern Irish adoption agency is satisfied that
5
they are suitable to have a child placed with them for
adoption.”
      (5)
Omit subsections (4) to (7).
9
In section 142 (supplementary and consequential provision), in subsection
(4) omit the words from “or of Her Majesty” to the end.
10
10
In section 144 (general interpretation etc), in subsection (2)—
(a)
omit “Order in Council or”, and
(b)
in paragraph (b) omit “Order or, as the case may be,”.
11    (1)
Sections 125 to 131 cease to have effect in relation to Scotland.
      (2)
Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).
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Schedule 2
Section 12

Child arrangements orders: amendments
Part 1
Amendments of the Children Act 1989
1
The Children Act 1989 is amended as follows.
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2     (1)
Section 5 (appointment of guardians) is amended as follows.
      (2)
In subsection (1)(b) (application to court for appointment of guardian may
be made following death of person with whom child was to live) for
“residence order has been made with respect to the child in favour of a
parent, guardian or special guardian of his who” substitute “parent,
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guardian or special guardian of the child’s was named in a child
arrangements order as a person with whom the child was to live and”.
      (3)
In subsection (7)(b) (when non-court appointment of guardian under
subsection (3) or (4) takes effect) for “residence order in his favour was in
force with respect to the child or he” substitute “child arrangements order
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was in force in which the person was named as a person with whom the
child was to live or the person”.
      (4)
In subsection (9)—
(a)
for “residence” substitute “child arrangements”,
(b)
for “was also made in favour of” substitute “also named”, and
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(c)
after “child” insert “as a person with whom the child was to live”.
3
In the title of section 8 for “Residence, contact” substitute “Child
arrangements orders”.
4     (1)
Section 9 (restrictions on making section 8 orders) is amended as follows.

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 1 — Amendments of the Children Act 1989
118

      (2)
In subsection (1) (no section 8 order other than a residence order to be made
if child is in care) for “residence order” substitute “child arrangements order
to which subsection (6B) applies”.
      (3)
In subsection (2) (local authorities cannot obtain residence or contact orders)
for “residence order or contact” substitute “child arrangements”.
5
      (4)
In subsection (5)(a) (specific issue order or prohibited steps order not to be
made where result could be achieved by a residence or contact order) for
“residence or contact” substitute “child arrangements”.
      (5)
In subsection (6) (section 8 orders other than residence orders are only
exceptionally to have effect once child is 16) for “specific issue order, contact
10
order or prohibited steps” substitute “section 8”.
      (6)
After subsection (6) insert—
“(6A)
Subsection (6) does not apply to a child arrangements order to which
subsection (6B) applies.
(6B)
This subsection applies to a child arrangements order if the
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arrangements regulated by the order relate only to either or both of
the following—
(a)
with whom the child concerned is to live, and
(b)
when the child is to live with any person.”
5     (1)
Section 10 (power of court to make section 8 orders) is amended as follows.
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      (2)
For subsection (4)(b) (person may apply for section 8 order if residence order
is in force in favour of the person) substitute—
“(b)
any person who is named, in a child arrangements order that
is in force with respect to the child, as a person with whom
the child is to live.”
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      (3)
In subsection (5) (persons entitled to apply for a residence or contact
order)—
(a)
in the words before paragraph (a) for “residence or contact”
substitute “child arrangements”,
(b)
for paragraph (c)(i) substitute—
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“(i)
in any case where a child arrangements order
in force with respect to the child regulates
arrangements relating to with whom the child
is to live or when the child is to live with any
person, has the consent of each of the persons
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named in the order as a person with whom the
child is to live;”, and
(c)
after paragraph (c) insert—
“(d)
any person who has parental responsibility for the
child by virtue of provision made under section
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12(2A).”
      (4)
In each of subsections (5A) and (5B) (foster parent, or relative, may apply for
residence order if child has lived with applicant for at least a year) for
“residence order” substitute “child arrangements order to which subsection
(5C) applies”.
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