Children and Families Bill

Session 2012 - 13
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Children and Families Bill

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
133

Local Authority Social Services Act 1970 (c. 42)
44
In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions), in the second column of the entry for the Children Act 1989, for
“residence” substitute “child arrangements”.
Domicile and Matrimonial Proceedings Act 1973 (c. 45)
5
45    (1)
Paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings
Act 1973 (restrictions on court’s powers while matrimonial proceedings are
stayed) is amended as follows.
      (2)
In sub-paragraph (4A)(b) (contact order in force when proceedings stayed)
for “contact” substitute “child arrangements”.
10
      (3)
In sub-paragraph (4B) (enforcement of the contact order while the
proceedings are stayed) for “contact”, in both places, substitute “child
arrangements”.
Mental Health Act 1983 (c. 20)
46
In section 28(1) of the Mental Health Act 1983 (“nearest relative” of child in
15
respect of whom residence order is in force etc)—
(a)
in paragraph (b)—
(i)
for “residence” substitute “person is named in a child
arrangements”, and
(ii)
for “is in force with respect to such a person” substitute “as a
20
person with whom a person who has not attained the age of
eighteen years is to live”, and
(b)
in the words after paragraph (b), for “named in the residence order”
substitute “so named (or the persons so named, where there is more
than one)”.
25
Child Abduction Act 1984 (c. 37)
47    (1)
Section 1 of the Child Abduction Act 1984 (offence of abduction of child by
connected person without appropriate consent) is amended as follows.
      (2)
In subsection (2)(d) (person in whose favour residence order is in force is
connected person) for the words after “person” substitute “named in a child
30
arrangements order as a person with whom the child is to live; or”.
      (3)
In subsection (3)(a) (“appropriate consent” includes consent of every person
listed) for sub-paragraph (iv) (person in whose favour residence order is in
force) substitute—
“(iv)
any person named in a child arrangements order as a
35
person with whom the child is to live;”.
      (4)
In subsection (4)(a) (exception for short foreign trip organised by person in
whose favour residence order made) for “in whose favour there is a
residence order in force with respect to the child,” substitute “named in a
child arrangements order as a person with whom the child is to live”.
40
      (5)
For subsection (5A)(a)(i) (exception where consent unreasonably refused
does not apply where there is residence order in favour of person refusing

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
134

consent) substitute—
“(i)
named in a child arrangements order as a person with
whom the child is to live;”.
      (6)
In subsection (7)(a) (interpretation) for ““residence” substitute ““child
arrangements”.
5
Child Abduction and Custody Act 1985 (c. 60)
48
For paragraph 1(b) of Schedule 3 to the Child Abduction and Custody Act
1985 (orders mentioned in section 27(1) include a residence order)
substitute—
“(b)
a child arrangements order (as defined by section 8 of the
10
Act of 1989) if the arrangements regulated by the order
consist of, or include, arrangements relating to either or
both of the following—
(i)
with whom a child is to live, or
(ii)
when a child is to live with any person;”.
15
Family Law Act 1986 (c. 55)
49
The Family Law Act 1986 is amended as follows.
50    (1)
Section 5 (which contains references to contact activity directions) is
amended as follows.
      (2)
In subsection (2A)—
20
(a)
for “a contact” substitute “an”, and
(b)
for “the contact” substitute “the”.
      (3)
In subsection (3B) for “a contact” substitute “an”.
51    (1)
Section 6 (which includes provision for a family assistance order to cease to
have effect where a related residence order is superseded by an order made
25
in Scotland or Northern Ireland) is amended as follows.
      (2)
After subsection (5) insert—
“(5A)
Subsection (7) below applies where a Part I order which is a child
arrangements order (within the meaning of section 8(1) of the
Children Act 1989) ceases by virtue of subsection (1) above to name
30
a person as someone with whom a child is to live.”
      (3)
In subsection (6) (circumstances in which subsection (7) applies)—
(a)
after “Subsection (7) below” insert “also”, and
(b)
omit paragraph (a) (residence order ceasing to have effect by virtue
of subsection (1)).
35
Child Support Act 1991 (c. 48)
52
For section 3(4)(c) of the Child Support Act 1991 (persons with residence
orders in their favour may not be prescribed as persons who are not
“persons with care”) substitute—
“(c)
persons named, in a child arrangements order under section
40
8 of the Children Act 1989, as persons with whom a child is to
live;”.

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
135

Armed Forces Act 1991 (c. 62)
53
The Armed Forces Act 1991 is amended as follows.
54
In section 17(4) (persons who may apply for assessment order) after
paragraph (d) insert—
“(da)
any person who is named in a child arrangements order as a
5
person with whom the child is to live, spend time or
otherwise have contact;”.
55
In section 18(7) (persons who may apply to vary or discharge an assessment
order) after paragraph (d) insert—
“(da)
any person who is named in a child arrangements order as a
10
person with whom the child is to live, spend time or
otherwise have contact;”.
56
In section 20(8) (persons who are to be allowed reasonable contact with a
child subject to a protection order) after paragraph (c) insert—
“(ca)
any person who is named in a child arrangements order as a
15
person with whom the child is to live, spend time or
otherwise have contact;”.
57
In section 22A(7) (persons who are to be allowed reasonable contact with a
child in service police protection) after paragraph (c) insert—
“(ca)
any person who is named in a child arrangements order as a
20
person with whom the child is to live, spend time or
otherwise have contact,”.
58    (1)
Section 23(1) (interpretation of Part 3) is amended as follows.
      (2)
After the definition of “child” insert—
““child arrangements order” has the meaning given by section
25
8(1) of the Children Act 1989;”.
      (3)
In the definition of “contact order”—
(a)
omit “section 8(1) of the Children Act 1989 or”, and
(b)
omit “as the case may be”.
Adoption and Children Act 2002 (c. 38)
30
59
The Adoption and Children Act 2002 is amended as follows.
60    (1)
Section 26 (placement of children by adoption agency for adoption: contact)
is amended as follows.
      (2)
In subsection (1) (provision for contact under the 1989 Act ceases to have
effect and any contact activity direction is discharged) for the words from
35
“any provision for contact” to the end substitute “—
(a)
any contact provision in a child arrangements order under
section 8 of the 1989 Act ceases to have effect,
(b)
any order under section 34 of that Act (parental etc contact
with children in care) ceases to have effect, and
40
(c)
any activity direction made in proceedings for the making,
variation or discharge of a child arrangements order with
respect to the child, or made in other proceedings that relate
to such an order, is discharged.”

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
136

      (3)
In subsection (2)(a) (no application may be made for provision for contact
under the 1989 Act) for “any provision for contact under that Act, but”
substitute “—
(i)
a child arrangements order under section 8 of the 1989
Act containing contact provision, or
5
(ii)
an order under section 34 of that Act, but”.
      (4)
In subsection (3)(c) (application for contact may be made by person in whose
favour provision for contact was made)—
(a)
omit “for contact under the 1989 Act”, and
(b)
for “(1)” substitute “(1)(a) or an order which ceased to have effect by
10
virtue of subsection (1)(b)”.
      (5)
In subsection (3)(d) (application for contact may be made by person in
whose favour residence order was made)—
(a)
for “residence” substitute “child arrangements”, and
(b)
for “the person in whose favour the order was made” substitute “any
15
person named in the order as a person with whom the child was to
live”.
      (6)
In subsection (5) (application for contact order that is to be heard together
with application for adoption order) for “contact order under section 8 of the
1989 Act” substitute “child arrangements order under section 8 of the 1989
20
Act containing only contact provision”.
      (7)
For subsection (6) (interpretation) substitute—
“(5A)
In this section “contact provision” means provision which regulates
arrangements relating to—
(a)
with whom a child is to spend time or otherwise have
25
contact, or
(b)
when a child is to spend time or otherwise have contact with
any person;

but in paragraphs (a) and (b) a reference to spending time or
otherwise having contact with a person is to doing that otherwise
30
than as a result of living with the person.
(6)
In this section “activity direction” has the meaning given by section
11A of the 1989 Act.”
61    (1)
Section 28 (further consequences of placement) is amended as follows.
      (2)
In subsection (1)(a) (restrictions on applying for residence order) for
35
“residence order” substitute “child arrangements order regulating the
child’s living arrangements”.
      (3)
After subsection (4) insert—
“(5)
For the purposes of subsection (1)(a), a child arrangements order
regulates a child’s living arrangements if the arrangements
40
regulated by the order consist of, or include, arrangements which
relate to either or both of the following—
(a)
with whom the child is to live, and
(b)
when the child is to live with any person.”
62    (1)
Section 29 (further consequences of placement orders) is amended as
45
follows.

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
137

      (2)
In subsection (3)(a) (residence order etc may not be made if placement order
is in force) omit “, residence order”.
      (3)
In subsection (4) (residence orders to which subsection (3) does not apply)—
(a)
for “Subsection (3)(a) does not apply in respect of a residence order
if—” substitute “Where a placement order is in force, a child
5
arrangements order may be made with respect to the child’s living
arrangements only if—”, and
(b)
in paragraph (b), for “residence” substitute “child arrangements”.
      (4)
After subsection (4) insert—
“(4A)
For the purposes of subsection (4), a child arrangements order is one
10
made with respect to a child’s living arrangements if the
arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—
(a)
with whom the child is to live, and
(b)
when the child is to live with any person.”
15
63    (1)
Section 32 (recovery of child from placement) is amended as follows.
      (2)
In subsection (5) (effect of undecided application for residence order etc on
duty to return child) for paragraphs (a) and (b) substitute—
“(a)
before the notice was given, an application—
(i)
for an adoption order (including a Scottish or
20
Northern Irish adoption order),
(ii)
for a special guardianship order,
(iii)
for a child arrangements order to which subsection (6)
applies, or
(iv)
for permission to apply for an order within sub-
25
paragraph (ii) or (iii),

was made in respect of the child, and
(b)
the application (and, in a case where permission is given on
an application to apply for an order within paragraph (a)(ii)
or (iii), the application for the order) has not been disposed
30
of,”.
      (3)
After that subsection insert—
“(6)
A child arrangements order is one to which this subsection applies if
it is an order regulating arrangements that consist of, or include,
arrangements which relate to either or both of the following—
35
(a)
with whom a child is to live, and
(b)
when the child is to live with any person.”
64    (1)
Section 35 (return of placed child in certain cases) is amended as follows.
      (2)
In subsection (5) (effect of undecided application for residence order etc on
duty to return child) for paragraphs (b) and (c) substitute—
40
“(b)
before the notice was given, an application—
(i)
for an adoption order (including a Scottish or
Northern Irish adoption order),
(ii)
for a special guardianship order,
(iii)
for a child arrangements order to which subsection
45
(5A) applies, or

Children and Families Bill
Schedule 2 — Child arrangements orders: amendments
Part 2 — Amendments in other legislation
138

(iv)
for permission to apply for an order within sub-
paragraph (ii) or (iii),

was made in respect of the child, and
(c)
the application (and, in a case where permission is given on
an application to apply for an order within paragraph (b)(ii)
5
or (iii), the application for the order) has not been disposed
of,”.
      (3)
After that subsection insert—
“(5A)
A child arrangements order is one to which this subsection applies if
it is an order regulating arrangements that consist of, or include,
10
arrangements which relate to either or both of the following—
(a)
with whom a child is to live, and
(b)
when a child is to live with any person.”
65    (1)
Schedule 6 (glossary) is amended as follows.
      (2)
At the appropriate place insert—
15

“child arrangements order
section 8(1) of the 1989 Act”.

      (3)
Omit the entry for “residence order”.
Civil Partnership Act 2004 (c. 33)
66    (1)
Schedule 2 to the Civil Partnership Act 2004 (civil partnerships of persons
under 18) is amended as follows.
20
      (2)
In paragraph 1 (persons whose consent is required), in each of items 4 and 8
in the first column of the table, for “residence order” substitute “child
arrangements order to which paragraph 2A applies”.
      (3)
In paragraph 2 (interpretation of paragraph 1) for ““residence order”,”
substitute ““child arrangements order”,”.
25
      (4)
In Part 1 (appropriate persons) after paragraph 2 insert—
“2A
A child arrangements order (as defined by section 8 of the
Children Act 1989) is one to which this paragraph applies if the
order regulates arrangements that consist of, or include,
arrangements which relate to either or both of the following—
30
(a)
with whom the child is to live, and
(b)
when the child is to live with any person.”
Income Tax (Trading and Other Income) Act 2005 (c. 5)
67
The Income Tax (Trading and Other Income) Act 2005 is amended as
follows.
35
68    (1)
Section 744 (payments to adopters, etc: England and Wales) is amended as
follows.
      (2)
In subsection (1)(g) (no income tax on payments under section 17 of the
Children Act 1989 made to a person as a result of a residence order being in
force in the person’s favour) for “in whose favour a residence order with
40

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
139

respect to a child is in force” substitute “named in a child arrangements
order as a person with whom a child is to live”.
      (3)
In subsection (1)(h) (no income tax on payments under paragraph 15 of
Schedule 1 to the 1989 Act made to person with whom child is living, or is to
live, as a result of a residence order) for “in whose favour residence order is
5
in force” substitute “with whom child is living, or is to live, as a result of a
child arrangements order”.
      (4)
In subsection (1)(i) (no income tax on other payments under maintenance
agreements or under orders under Schedule 1 to the 1989 Act) for “in whose
favour a residence order with respect to the child is in force” substitute
10
“named in a child arrangements order as a person with whom the child is to
live”.
      (5)
For subsection (2)(c) (payment not exempt from tax if made to a person in
whose favour a residence order is in force where that order is also in favour
of an excluded relative) substitute—
15
“(c)
it is made to a person (“P”) named in a child arrangements
order as a person with whom the child is to live and an
excluded relative who lives in the same household as P is also
named in that order as a person with whom the child is to
live.”
20
      (6)
In subsection (3) (interpretation) for ““residence” substitute ““child
arrangements”.
69
In section 806(5) (persons who are not foster carers for purposes of Chapter
2 of Part 7) after paragraph (b) insert—
“(ba)
where the child is in care and there was a child arrangements
25
order in force with respect to the child immediately before
the care order was made, a person named in the child
arrangements order as a person with whom the child was to
live,
(bb)
(in Scotland) where the child is in care and there was a child
30
arrangements order in force with respect to the child
immediately before the child was placed in care, a person
named in the child arrangements order as a person with
whom the child was to live, spend time or otherwise have
contact,”.
35
Schedule 3
Section 71

Special educational needs: consequential amendments
Part 1
Amendments to the Education Act 1996
1     (1)
Section 6 (nursery schools and special schools) is amended as follows.
40
      (2)
Omit subsection (2).
      (3)
In the title, omit “and special schools”.