Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 5 — Provisions applying in relation to all childminder agencies
175

48
After section 83 insert—
“83A
Supply of information to the Secretary of State, HMRC and local
authorities by childminder agencies
(1)
An early years childminder agency or a later years childminder
agency must provide prescribed information to the Secretary of
5
State, Her Majesty‘s Revenue and Customs, and each relevant local
authority, if it—
(a)
grants a person’s application for registration for the purposes
of Chapter 2, 3 or 4;
(b)
takes any other steps under this Part of a prescribed
10
description.
(2)
The information which may be prescribed for the purposes of this
section is—
(a)
in the case of information to be provided to the Secretary of
State, information which the Secretary of State may require
15
for the purposes of the Secretary of State’s functions in
relation to universal credit under Part 1 of the Welfare
Reform Act 2012;
(b)
in the case of information to be provided to Her Majesty’s
Revenue and Customs, information which Her Majesty’s
20
Revenue and Customs may require for the purposes of their
functions in relation to tax credits;
(c)
in the case of information to be provided to a relevant local
authority, information which would assist the local authority
in the discharge of their functions under section 12.
25
(3)
In this section, “relevant local authority” means an English local
authority for an area in which a person who is (or, as the case may
be, was) registered with the early years childminder agency or later
years childminder agency for the purposes of Chapter 2 or 3
provides (or has provided) early years provision or later years
30
provision in respect of which he or she is (or was) registered.”
49
In the title of section 84 (disclosure of information for certain purposes), at
the end insert “: the Chief Inspector”.
50
After section 84 insert—
“84A
Disclosure of information for certain purposes: childminder agencies
35
(1)
An early years childminder agency or a later years childminder
agency may arrange for prescribed information held by the agency
in relation to persons registered with the agency under this Part to be
made available for the purpose of—
(a)
assisting parents or prospective parents in choosing an early
40
years provider or later years provider, or
(b)
protecting children from harm or neglect.
(2)
The information may be made available in such manner and to such
persons as the agency considers appropriate.
(3)
Regulations may require an early years childminder agency or a later
45
years childminder agency to provide prescribed information held by
the agency in relation to persons registered with the agency under

Children and Families Bill
Schedule 4 — Childminder agencies: amendments to the Childcare Act 2006 and related amendments
Part 5 — Provisions applying in relation to all childminder agencies
176

this Part to prescribed persons for either of the purposes mentioned
in subsection (1).”
51
In section 85 (offence of making false or misleading statement), in subsection
(1) for “he” substitute “the person”.
52
In section 89 (fees), in subsection (1) after “to 4” insert “in the early years
5
register or the general childcare register”.
53    (1)
Section 90 (cases where consent to disclosure is withheld) is amended as
follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) for “Chapter 2, 3 or 4” substitute “any of Chapters 2
10
to 4”, and
(b)
in paragraph (b) after “68(2)(a)” insert “or 69B(2)(a)”.
      (3)
In subsection (2)(b) omit “his” in both places it occurs.
54    (1)
Section 93 (notices) is amended as follows.
      (2)
In subsection (1)—
15
(a)
after paragraph (a) insert—
“(aa)
section 57A(2) and (4);
(ab)
section 61C(1);”, and
(b)
after paragraph (b) insert—
“(ba)
section 65A(1) and (3);”.
20
      (3)
In subsection (2)(a) for “him” substitute “the person”.
      (4)
In subsection (4)—
(a)
in paragraph (a) for “his” substitute “a”, and
(b)
in paragraph (b) omit “by him”.
55
In section 94 (power to amend Part 3: applications in respect of multiple
25
premises), in paragraph (a)—
(a)
after “36(1)” insert “or (1A)”, and
(b)
after “55(1)” insert “or (1A)”.
56    (1)
Section 98 (interpretation of Part 3) is amended as follows.
      (2)
In subsection (1)—
30
(a)
after the definition of “childcare” insert—
““childminder agency” means—
(a)
an early years childminder agency;
(b)
a later years childminder agency;”,
(b)
after the definition of “domestic premises” insert—
35
““early years childminder agency” means a person
registered in the early years register as an early years
childminder agency;”, and
(c)
before the definition of “later years provision” insert—
““later years childminder agency” means a person
40
registered in Part A of the general childcare register as
a later years childminder agency;”.

Children and Families Bill
Schedule 5 — Children’s Commissioner: minor and consequential amendments
177

      (3)
After that subsection insert—
“(1A)
A person is registered for the purposes of this Part if that person is
registered—
(a)
in the early years register,
(b)
in the general childcare register, or
5
(c)
with an early years childminder agency or a later years
childminder agency.”
Part 6
Other amendments
57
In section 99 of the Childcare Act 2006 (provision of information about
10
young children: England), in subsection (1) after paragraph (a) (and before
the “and” which follows it) insert—
“(aa)
a person registered as an early years childminder agency
under Chapter 2A of Part 3,”.
58
In the Employment Agencies Act 1973, in section 13(7) (exemptions) after
15
paragraph (c) insert—
“(ca)
an early years childminder agency or a later years
childminder agency (as defined in section 98 of the Childcare
Act 2006);”.
Schedule 5
20
Section 85

Children’s Commissioner: minor and consequential amendments
Inquiries
1     (1)
Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is
amended as follows.
      (2)
Omit subsection (3) (requirement to consult the Secretary of State before
25
holding an inquiry).
      (3)
In subsection (7) for “under any enactment” substitute “of a public nature”.
2     (1)
Section 4 of the Children Act 2004 (inquiries held on the direction of the
Secretary of State) is repealed.
      (2)
In consequence of sub-paragraph (1), omit the following provisions of the
30
Children Act 2004—
(a)
section 5(6) and (7) (inquiries in Wales),
(b)
section 6(7) to (9) (inquiries in Scotland), and
(c)
section 7(7) to (9) (inquiries in Northern Ireland).
Functions of Commissioner: children in Wales, Scotland and Northern Ireland
35
3     (1)
Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is
amended as follows.

Children and Families Bill
Schedule 5 — Children’s Commissioner: minor and consequential amendments
178

      (2)
In subsection (1), for “promoting awareness of the views and interests of
children in Wales” substitute “promoting and protecting the rights of
children in Wales”.
      (3)
After subsection (1) insert—
“(1A)
The function under subsection (1) includes promoting awareness of
5
the views and interests of children in Wales.”
      (4)
For subsection (2) substitute—
“(2)
Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.
10
(2A)
For the purposes of subsection (2)—
(a)
section 2(3)(i) has effect as if for “in England” there were
substituted “in Wales, except in so far as relating to any
matter falling within the remit of the Children’s
Commissioner for Wales under section 72B, 73 or 74 of the
15
Care Standards Act 2000,”,
(b)
sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,
20
(c)
section 2E(1) has effect as if “and the function under section
2D” were omitted, and
(d)
section 2F(1) has effect as if “or the function under section
2D” were omitted.”
4     (1)
Section 6 of the Children Act 2004 (functions of Commissioner in Scotland)
25
is amended as follows.
      (2)
In subsection (1), for “promoting awareness of the views and interests of
children in Scotland in relation to reserved matters” substitute “promoting
and protecting the rights of children in Scotland where those rights are or
may be affected by reserved matters”.
30
      (3)
After subsection (1) insert—
“(1A)
The function under subsection (1) includes promoting awareness of
the views and interests of children in Scotland.”
      (4)
For subsection (2) substitute—
“(2)
Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
35
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.
(2A)
For the purposes of subsection (2)—
(a)
section 2(3)(i) has effect as if for “in England” there were
substituted “in Scotland, in relation to reserved matters,”,
40
(b)
sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,
(c)
section 2E(1) has effect as if “and the function under section
45
2D” were omitted, and

Children and Families Bill
Schedule 5 — Children’s Commissioner: minor and consequential amendments
179

(d)
section 2F(1) has effect as if “or the function under section
2D” were omitted.”
5     (1)
Section 7 of the Children Act 2004 (functions of Commissioner in Northern
Ireland) is amended as follows.
      (2)
In subsection (1), for “promoting awareness of the views and interests of
5
children in Northern Ireland in relation to excepted matters” substitute
“promoting and protecting the rights of children in Northern Ireland where
those rights are or may be affected by excepted matters”.
      (3)
After subsection (1) insert—
“(1A)
The function under subsection (1) includes promoting awareness of
10
the views and interests of children in Northern Ireland.”
      (4)
For subsection (2) substitute—
“(2)
Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.
15
(2A)
For the purposes of subsection (2)—
(a)
section 2(3)(i) has effect as if for “in England” there were
substituted “in Northern Ireland, in relation to excepted
matters,”,
(b)
sections 2(4) and 2B(3) have effect as if for “children who are
20
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,
(c)
section 2E(1) has effect as if “and the function under section
2D” were omitted, and
25
(d)
section 2F(1) has effect as if “or the function under section
2D” were omitted.”
Young persons
6     (1)
For section 9 of the Children Act 2004 (care leavers and young persons with
learning disabilities) substitute—
30
“9
Commissioner’s functions in relation to certain young people
(1)
This section applies for the purposes of this Part, other than sections
2A and 8A (and references in this Part to a child who is within section
8A).
(2)
For the purposes of the Children’s Commissioner’s functions in
35
respect of children in England, a reference to a child includes, in
addition to a person under the age of 18—
(a)
a person aged 18 or over for whom an EHC plan is
maintained by a local authority,
(b)
a person aged 18 or over and under 25 to whom a local
40
authority in England has provided services under any of
sections 23C to 24D of the Children Act 1989 at any time after
reaching the age of 16, or

Children and Families Bill
Schedule 5 — Children’s Commissioner: minor and consequential amendments
180

(c)
a person aged 18 or over and under 25 who has been looked
after by a local authority (in Wales, Scotland or Northern
Ireland) at any time after reaching the age of 16.
(3)
For the purposes of the Children’s Commissioner’s functions in
respect of children in Wales, Scotland and Northern Ireland, a
5
reference to a child includes, in addition to a person under the age of
18, a person aged 18 or over and under 25—
(a)
who has a learning disability,
(b)
who has been looked after by a local authority (in Wales,
Scotland or Northern Ireland) at any time after reaching the
10
age of 16, or
(c)
to whom a local authority in England has provided services
under any of sections 23C to 24D of the Children Act 1989 at
any time after reaching the age of 16.
(4)
For the purposes of this section—
15
“EHC plan” means a plan within section 37(2) of the Children
and Families Act 2013 (education, health and care plans);
“learning disability” means a state of arrested or incomplete
development of mind which induces significant impairment
of intelligence and social functioning;
20
a person is “looked after by a local authority” if—
(a)
for the purposes of the Children Act 1989, he or she is
looked after by a local authority in Wales;
(b)
for the purposes of the Children (Scotland) Act 1995,
he or she is looked after by a local authority in
25
Scotland;
(c)
for the purposes of the Children (Northern Ireland)
Order 1995, he or she is looked after by an authority
in Northern Ireland.”
      (2)
Until the coming into force of Part 3 of this Act, section 9 of the Children Act
30
2004 (as substituted by sub-paragraph (1)) has effect as if—
(a)
in subsection (2) for paragraph (a) there were substituted—
“(a)
a person aged 18 or over and under 25 in respect of
whom an assessment under section 139A of the
Learning and Skills Act 2000 (a learning difficulty
35
assessment) has been conducted,”, and
(b)
in subsection (4) the definition of “EHC plan” were omitted.
Appointment and tenure of Children’s Commissioner
7
In Schedule 1 to the Children Act 2004, in paragraph 3 (appointment and
tenure of office)—
40
(a)
in sub-paragraph (2) for “, to such extent and in such manner as he
thinks fit,” substitute “take reasonable steps to”,
(b)
in sub-paragraph (4) for “five years” substitute “six years”, and
(c)
in sub-paragraph (5) for “is eligible for reappointment once only”
substitute “is not eligible for reappointment”.
45

Children and Families Bill
Schedule 5 — Children’s Commissioner: minor and consequential amendments
181

8
In Schedule 1 to the Children Act 2004, after paragraph 3 insert—
“Interim appointments
3A    (1)
Where there is a vacancy in the office of Children’s Commissioner,
the Secretary of State may appoint a person as interim Children’s
Commissioner.
5
      (2)
Subject to the provisions of this paragraph, a person holds and
vacates office as interim Children’s Commissioner in accordance
with the terms and conditions of the appointment as determined
by the Secretary of State.
      (3)
An appointment as interim Children’s Commissioner is for a term
10
ending—
(a)
with the appointment of a person as the Children’s
Commissioner under paragraph 3, or
(b)
if sooner, at the end of the period of six months beginning
with the date on which the appointment as interim
15
Children’s Commissioner was made.
      (4)
A person who has held office as interim Children’s
Commissioner—
(a)
is eligible for reappointment, and
(b)
is eligible for appointment as the Children’s
20
Commissioner.
      (5)
An interim Children’s Commissioner may at any time resign by
notice in writing to the Secretary of State.
      (6)
The Secretary of State may remove an interim Children’s
Commissioner from office if satisfied that the interim
25
Commissioner has—
(a)
become unfit or unable properly to discharge his or her
functions; or
(b)
behaved in a way that is not compatible with continuing in
office.”
30
Deputy Children’s Commissioner
9     (1)
In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—
(a)
in sub-paragraph (1) omit “, one of whom shall be appointed as
deputy Children’s Commissioner”,
(b)
omit sub-paragraph (2), and
35
(c)
in sub-paragraph (3) omit “Without prejudice to sub-paragraph (2),”.
      (2)
In consequence of sub-paragraph (1), in section 36(6) of the Criminal Justice
and Court Services Act 2000 (meaning of “regulated position”), in paragraph
(fa) omit “and deputy Children’s Commissioner”.