Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

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