|
| |
|
(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 |
| |
| |
(3) | In subsection (3), in paragraph (a) for “the statement” substitute “the EHC |
| |
| 5 |
(4) | In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the |
| |
| |
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 |
| |
| |
47 (1) | Section 509AB (local authorities in England: further provision about |
| |
transport policy statements for persons of sixth form age) is amended as |
| 20 |
| |
(2) | In subsection (1) after “difficulties” insert “or disabilities”. |
| |
(3) | In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or |
| |
| |
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. |
| |
| |
(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 |
| |
| |
51 (1) | Section 532A (direct payments: persons with special educational needs or |
| 40 |
subject to learning difficulty assessment) is amended as follows. |
| |
| |
(a) | after “(“the beneficiary”)” insert “for whom the authority maintain |
| |
| |
|
| |
|
| |
|
(b) | omit paragraphs (a) and (b). |
| |
| |
(a) | for paragraph (a) substitute— |
| |
“(a) | special educational provision specified in the EHC |
| |
| 5 |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| 35 |
| |
(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”. |
| |
|
| |
|
| |
|
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 |
| |
| |
57 | In section 579 (general interpretation)— |
| |
(a) | in subsection (1), after the definition of “education functions” |
| |
| 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 |
| |
“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 |
| |
(b) | in relation to a child in the area of a local |
| |
authority in Wales, has the meaning given by |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
58 | In section 580 (index)— |
| 5 |
(a) | after the entry for “education functions” insert— |
| |
|
(b) | after the entry for “interest in land” insert— |
| |
| “in the area of a local authority in England |
| | | 10 | | | | | | | in the area of a local authority in Wales |
| | | | | | | | |
|
(c) | for the entry for “learning difficulty” substitute— |
| |
| “learning difficulty (in relation to a child in the area of a local |
| | | 15 | | | | | | | | | | | | | | | | | | | | |
|
(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 |
| |
| |
(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 |
| |
| |
(2) | In the entry for the Disabled Persons (Services, Consultation and |
| 35 |
Representation) Act 1986, in the second column after “child with” insert “an |
| |
| |
(3) | In the entry for the Learning and Skills Act 2000, omit the entry for section |
| |
| |
|
| |
|
| |
|
| |
| |
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) |
| |
| |
| |
| |
Childminder agencies: amendments to the Childcare Act 2006 and related |
| |
| 10 |
| |
| |
1 (1) | Section 32 (childcare registration in England: maintenance of the two |
| |
childcare registers) is amended as follows. |
| |
| 15 |
(a) | after “register of” insert “— |
| |
| |
| |
(c) | for “under Chapter 2” substitute “by the Chief Inspector for the |
| |
| 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 |
| |
| |
(a) | after “register of” insert “— |
| |
| |
| 30 |
(c) | for “under Chapter 3” substitute “by the Chief Inspector for the |
| |
| |
(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 |
| |
| |
(6) | In subsection (5), for “under Chapter 4” substitute “by the Chief Inspector for |
| |
the purposes of Chapter 4”. |
| 40 |
|
| |
|
| |
|
| |
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 |
| |
| |
(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 |
| |
| |
(3) | In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and |
| 20 |
| |
(4) | In subsection (3) for “subsection (1) does” substitute “subsections (1) and |
| |
| |
(5) | In subsection (5) after “subsection (1)” insert “or (1A)”. |
| |
4 (1) | Section 35 (applications for registration: early years childminders) is |
| 25 |
| |
(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.” |
| |
| |
(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 |
| |
| |
(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, |
| |
|
| |
|
| |
|
(b) | it appears to the agency that the prescribed requirements for |
| |
registration are satisfied and are likely to continue to be |
| |
| |
(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 |
| |
| |
(i) | with another childminder agency; |
| |
(ii) | in the early years register or the general childcare |
| 15 |
| |
5 (1) | Section 36 (applications for registration: other early years providers) is |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|