Session 2012 - 13
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Children and Families Bill


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

147

 

      (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”.

5

      (4)  

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

plan or”.

44         

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”.

10

45         

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”.

46         

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

15

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

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

plan is maintained”.

47    (1)  

Section 509AB (local authorities in England: further provision about

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

20

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”.

48         

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

25

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

49    (1)  

Section 514A (provision of boarding accommodation for persons subject to

learning difficulty assessment) is amended as follows.

      (2)  

In subsection (1)—

(a)   

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

30

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”.

50         

In section 517 (payment of fees at schools not maintained by a local

35

authority), in subsection (1), for “or Part IV (special educational needs)”

substitute “, Part 4 (special educational needs) or Part 3 of the Children and

Families Act 2013 (children and young people in England with special

educational needs)”.

51    (1)  

Section 532A (direct payments: persons with special educational needs or

40

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

 
 

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

148

 

(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

5

(b)   

omit paragraph (b).

      (4)  

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

52         

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

paragraph (a) substitute—

“(a)   

section 42(2) of the Children and Families Act 2013 (duty to

10

secure special educational provision in accordance with EHC

plan);”.

53         

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”.

15

54    (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”.

20

      (4)  

In subsection (4), in paragraph (a) after “specified in” insert “the plan or”.

55    (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”.

25

      (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,”.

30

      (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”.

35

      (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

40

person by a local authority”.

      (8)  

In subsection (9) after “a copy of any” insert “plan or”.

 
 

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

149

 

56    (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

5

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).”

10

      (3)  

In subsection (5), in paragraph (a) after “learning difficulty” insert “or

disability”.

57         

In section 579 (general interpretation)—

(a)   

in subsection (1), after the definition of “education functions”

insert—

15

““EHC plan” means a plan within section 37(2) of the

Children and Families Act 2013;”,

(b)   

in subsection (1), after the definition of “school year” insert—

““special educational needs”—

(a)   

in relation to a child or young person in the

20

area of a local authority in England, has the

meaning given by section 20(1) 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

25

section 312;”.

“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

30

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);”,

(c)   

after subsection (1) insert—

35

“(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

40

(b)   

arrangements for such an assessment to be conducted

in respect of the person have been made or are

required to be made.”, and

(d)   

before subsection (4) insert—

“(3A)   

References in this Act to a person who is “in the area” of a

45

local authority in England do not include a person who is

wholly or mainly resident in the area of a local authority in

Wales.

 
 

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

150

 

(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.”

58         

In section 580 (index)—

5

(a)   

after the entry for “education functions” insert—

 

“EHC plan

section

 
  

579(1)”,

 

(b)   

after the entry for “interest in land” insert—

 

“in the area of a local authority in England

section

 

10

  

579(3A)

 
 

in the area of a local authority in Wales

section

 
  

579(3B)”,

 

(c)   

for the entry for “learning difficulty” substitute—

 

“learning difficulty (in relation to a child in the area of a local

section 312(2)

 

15

 

authority in Wales)

and (3)

 
  

(subject to

 
  

subsection

 
  

(3A))”,

 

(d)   

in the entry for “special educational needs”, in the second column for

20

“section 312(1)” substitute “section 579(1)”,

(e)   

in the entry for “special educational provision”, in the second column

for “section 312(4)” substitute “section 579(1)”,

(f)   

in the entry for “special school”, in the second column for “sections

6(2) and” substitute “section”, and

25

(g)   

in the entry for “subject to learning difficulty assessment”, in the

second column for “section 13(4)” substitute “section 579(1A)”.

59         

In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in

paragraph 15(3)—

(a)   

in paragraph (a) for “statement maintained for the child under

30

section 324” substitute “EHC plan maintained for the child”, and

(b)   

in paragraph (b) for “statement” substitute “plan”.

60    (1)  

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

as follows.

      (2)  

In the entry for the Disabled Persons (Services, Consultation and

35

Representation) Act 1986, in the second column after “child with” insert “an

EHC plan or”.

      (3)  

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

139A.

 
 

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 1 — The childcare registers

151

 

Part 2

Amendments to other Acts

61    (1)  

In the Learning and Skills Act 2000, sections 139A, 139B and 139C

(assessments relating to learning difficulties: England) are repealed.

      (2)  

In consequence of the repeals made by sub-paragraph (1), section 80 of the

5

Education and Skills Act 2008 (assessments relating to learning difficulties)

is repealed.

Schedule 4

Section 73

 

Childminder agencies: amendments to the Childcare Act 2006 and related

amendments

10

Part 1

The childcare registers

1     (1)  

Section 32 (childcare registration in England: maintenance of the two

childcare registers) is amended as follows.

      (2)  

In subsection (2)—

15

(a)   

after “register of” insert “—

(a)   

”,

(b)   

omit “who are”, and

(c)   

for “under Chapter 2” substitute “by the Chief Inspector for the

purposes of Chapter 2”.

20

      (3)  

At the end of that subsection insert “, and

(b)   

all persons registered as early years childminder agencies

under Chapter 2A (which provides for the compulsory

registration of persons with whom early years childminders

and certain other early years providers may register for the

25

purposes of Chapter 2).”

      (4)  

In subsection (4)—

(a)   

after “register of” insert “—

(a)   

”,

(b)   

omit “who are”, and

30

(c)   

for “under Chapter 3” substitute “by the Chief Inspector for the

purposes of Chapter 3”.

      (5)  

At the end of that subsection insert “, and

(b)   

all persons registered as later years childminder agencies

under Chapter 3A (which provides for the compulsory

35

registration of persons with whom later years childminders

and certain other later years providers may register for the

purposes of Chapter 3).”

      (6)  

In subsection (5), for “under Chapter 4” substitute “by the Chief Inspector for

the purposes of Chapter 4”.

40

 
 

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 2 — Early years childminder agencies

152

 

Part 2

Early years childminder agencies

2          

In section 33 (requirement to register: early years childminders), in

subsection (1) for “in the early years register as an early years childminder”

substitute “as an early years childminder—

5

(a)   

in the early years register, or

(b)   

with an early years childminder agency.”

3     (1)  

Section 34 (requirement to register: other early years providers) is amended

as follows.

      (2)  

For subsection (1) substitute—

10

“(1)   

A person may not provide early years provision on premises in

England which are not domestic premises unless the person is

registered in the early years register in respect of the premises.

(1A)   

A person may not provide early years provision on domestic

premises in England which would be early years childminding but

15

for section 96(5) unless the person is registered—

(a)   

in the early years register in respect of the premises, or

(b)   

with an early years childminder agency in respect of the

premises.”

      (3)  

In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and

20

(1A) do”.

      (4)  

In subsection (3) for “subsection (1) does” substitute “subsections (1) and

(1A) do”.

      (5)  

In subsection (5) after “subsection (1)” insert “or (1A)”.

4     (1)  

Section 35 (applications for registration: early years childminders) is

25

amended as follows.

      (2)  

In subsection (1) for “to the Chief Inspector for registration as an early years

childminder” substitute “—

(a)   

to the Chief Inspector for registration as an early years

childminder in the early years register, or

30

(b)   

to an early years childminder agency for registration with

that agency as an early years childminder.”

      (3)  

In subsection (2)—

(a)   

in paragraph (b) after “Chief Inspector” insert “or (as the case may

be) the early years childminder agency”, and

35

(b)   

in paragraph (c) at the beginning insert “if it is an application to the

Chief Inspector,”.

      (4)  

In subsections (3) and (4), after “subsection (1)” insert “(a)”.

      (5)  

After subsection (4) insert—

“(4A)   

An early years childminder agency may grant an application under

40

subsection (1)(b) only if—

(a)   

the applicant is not disqualified from registration by

regulations under section 75,

 
 

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 2 — Early years childminder agencies

153

 

(b)   

it appears to the agency that the prescribed requirements for

registration are satisfied and are likely to continue to be

satisfied, and

(c)   

it appears to the agency that any other reasonable

requirements it has imposed are satisfied and are likely to

5

continue to be satisfied.”

      (6)  

In subsection (5), after paragraph (a) 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;

10

(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

15

register;”.

5     (1)  

Section 36 (applications for registration: other early years providers) is

amended as follows.

      (2)  

After subsection (1) insert—

“(1A)   

A person who proposes to provide on any premises early years

20

provision in respect of which the person is required by section 34(1A)

to be registered may make an application—

(a)   

to the Chief Inspector for registration as an early years

provider in respect of the premises, or

(b)   

to an early years childminder agency for registration with

25

that agency as an early years provider in respect of the

premises.”

      (3)  

In subsection (2)—

(a)   

after “subsection (1)” insert “or (1A)”,

(b)   

in paragraph (b) after “Chief Inspector” insert “or (as the case may

30

be) the early years childminder agency”, and

(c)   

in paragraph (c) at the beginning insert “if it is an application to the

Chief Inspector,”.

      (4)  

In subsections (3) and (4), after “subsection (1)” insert “or (1A)(a)”.

      (5)  

After subsection (4) insert—

35

“(4A)   

An early years childminder agency may grant an application under

subsection (1A)(b) only if—

(a)   

the applicant is not disqualified from registration by

regulations under section 75,

(b)   

it appears to the agency that the prescribed requirements for

40

registration are satisfied and are likely to continue to be

satisfied, and

(c)   

it appears to the agency that any other reasonable

requirements it has imposed are satisfied and are likely to

continue to be satisfied.”

45

 
 

 
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Revised 26 April 2013