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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 1233-36 of the 2012-2013 Session
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| 5-6, 135-36, 137-39 and 283-84 of the 2013-2014 Session |
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| Children and Families Bill, As Amended |
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| | Support for children with specified health conditions |
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| To move the following Clause:— |
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| | ‘(1) | The governing body of a mainstream school has a duty to produce and implement |
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| | a medical conditions policy that defines how it plans to support the needs of |
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| | children with specified health conditions. |
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| | (2) | The medical conditions policy must include provision about— |
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| | (a) | the means by which records of the specified health conditions of children |
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| | at the school are to be recorded and maintained; and |
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| | (b) | the preparation of an individual healthcare plan for each child with a |
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| | specified health condition which sets out the needs of that child arising |
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| | (3) | The medical conditions policy must include requirements relating to the |
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| | provision of appropriate training for school staff to support the implementation of |
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| | individual healthcare plans. |
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| | (4) | In preparing an individual healthcare plan the governing body must— |
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| | (a) | consult the parent of the child concerned and, where appropriate, the |
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| | child about the contents of the plan; and |
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| | (b) | there shall be a duty on NHS bodies to co-operate with the governing |
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| | body in its preparation and implementation of individual healthcare |
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| | (5) | Local authorities and clinical commissioning groups must co-operate with |
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| | governing bodies in fulfilling their functions under this Act. |
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| | (6) | The Secretary of State may by regulations define “specified health conditions” for |
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| | the purposes of this section. |
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| | (7) | For the purposes of this section “NHS bodies” has the same meaning as in the |
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| | Health and Social Care Act 2012.’. |
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| To move the following Clause:— |
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| | ‘(1) | Regulations may make provision for an EHC plan maintained for a child or young |
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| | person by one local authority to be transferred to another local authority in |
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| | England, where the other authority becomes responsible for the child or young |
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| | (2) | The regulations may in particular— |
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| | (a) | impose a duty on the other authority to maintain the plan; |
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| | (b) | treat the plan as if originally prepared by the other authority; |
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| | (c) | treat things done by the transferring authority in relation to the plan as |
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| | done by the other authority.’. |
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| | Childcare costs scheme: preparatory expenditure |
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| To move the following Clause:— |
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| | ‘The Commissioners for Her Majesty’s Revenue and Customs may incur |
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| | expenditure in preparing for the introduction of a scheme for providing assistance |
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| | in respect of the costs of childcare.’. |
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| Clause 6, page 5, line 9, at end insert— |
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| | ‘( ) | In section 129 (disclosure of information), in subsection (2)(a) after “suitable for |
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| | adoption” insert “or for whom a local authority in England is considering |
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| Schedule 1, page 116, leave out lines 5 to 12 and insert— |
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| | ‘“(2A) | Regulations may make provision permitting the disclosure of |
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| | prescribed information entered in the register, or compiled from |
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| | information entered in the register— |
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| | (a) | to an adoption agency or to a Welsh, Scottish or Northern Irish |
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| | adoption agency for any prescribed purpose, or |
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| | (b) | for the purpose of enabling the information to be entered in a |
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| | register which is maintained in respect of Wales, Scotland or |
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| | Northern Ireland and which contains information about |
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| | children who are suitable for adoption or prospective adopters |
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| | who are suitable to adopt a child.”’. |
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| Schedule 1, page 116, line 13, after ‘(4)’ insert ‘— |
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| Schedule 1, page 116, line 13, at end insert— ‘, and |
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| | (b) | after “(2)” insert “or (2A)”.’. |
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| Schedule 1, page 116, line 17, at end insert— |
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| | ‘( ) | in paragraph (a) after “(2)” insert “or (2A)”,’. |
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| Schedule 1, page 116, line 21, leave out ‘(2A)(a)’ and insert ‘(2A)’. |
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| Schedule 1, page 116, line 22, leave out ‘after “subsection” insert “(2A)(b) or”’ |
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| and insert ‘for “to whom information is disclosed under subsection (3)” substitute “in |
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| respect of information disclosed under subsection (2A) or (3)”’. |
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| Clause 8, page 8, line 42, at end insert— |
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| | ‘(12) | In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders |
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| | Act 2012 (civil legal services)— |
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| | (a) | in paragraph 12(9) (victims of domestic violence and family matters), in |
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| | the definition of “family enactment” after paragraph (o) insert— |
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| | “(p) | section 51A of the Adoption and Children Act 2002 |
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| | (post-adoption contact orders).”, and |
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| | (b) | in paragraph 13(1) (protection of children and family matters) after |
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| | “(g) | orders under section 51A of the Adoption and |
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| | Children Act 2002 (post-adoption contact).”’. |
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| Clause 41, page 32, line 28, after ‘needs,’ insert— |
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| | ‘(ba) | an independent school— |
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| | (i) | which has been entered on the register of independent schools in |
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| | Wales (kept under section 158 of the Education Act 2002), and |
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| | (ii) | which is specially organised to make special educational |
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| | provision for pupils with special educational needs,’. |
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| Clause 48, page 36, line 19, at beginning insert ‘Special educational’. |
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| Clause 48, page 36, line 20, leave out ‘provision’ and insert ‘having been’. |
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| Clause 48, page 36, line 21, at end insert— |
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| | ‘(6) | Subsection (7) applies if— |
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| | (a) | an EHC plan is maintained for a child or young person, and |
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| | (b) | health care provision specified in the plan is acquired for him or her by |
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| | means of a payment made by a commissioning body under section |
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| | 12A(1) of the National Health Service Act 2006 (direct payments for |
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| | (7) | The health care provision is to be treated as having been arranged by the |
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| | commissioning body in pursuance of its duty under section 42(3) of this Act, |
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| | subject to any prescribed conditions or exceptions. |
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| | (8) | “Commissioning body”, in relation to any specified health care provision, means |
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| | a body that is under a duty to arrange health care provision of that kind in respect |
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| | of the child or young person.’. |
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| Clause 49, page 36, line 28, after ‘authority’, insert ‘in England’. |
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| Schedule 3, page 149, line 25, leave out ‘young person’ and insert ‘person over |
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| compulsory school age but under 25’. |
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| Schedule 3, page 151, line 7, at end insert— |
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| | ‘Local Government Act 1974 (c. 7) |
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| | 61A | In Schedule 5 to the Local Government Act 1974 (matters not subject to |
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| | investigation by Local Commissioners), in paragraph 5(2)(b) for “by section |
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| | 312” substitute “by section 579(1)”. |
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| | Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) |
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| | 61B(1) | In the Disabled Persons (Services, Consultation and Representation) Act 1986, |
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| | section 5 (disabled persons leaving special education) is amended as follows. |
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| | (a) | in paragraph (a) after “needs)” insert “, or have maintained an EHC |
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| | plan under section 37 of the Children and Families Act 2013,”, and |
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| | (b) | in paragraph (b) after “statement” (in both places) insert “or plan”. |
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| | (a) | in paragraph (a) after “statement” insert “, or secure the preparation of |
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| | (b) | in paragraph (b) after “statement” insert “or plan”, and |
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| | (c) | after “making the statement” insert “, securing the preparation of the |
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| | (4) | After subsection (8) insert— |
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| | “(8A) | Regulations under section (Transfer of EHC plans) of the Children |
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| | and Families Act 2013 (transfer of EHC plans) may make such |
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| | provision as appears to the Secretary of State to be necessary or |
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| | expedient in connection with subsections (1) to (7) of this section.” |
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| | (5) | In subsection (9), in paragraph (a) of the definition of “the responsible |
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| | authority”, after “1996” insert “or (as the case may be) Part 3 of the Children |
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| | Value Added Tax Act 1994 (c. 23) |
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| | 61C(1) | In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods and |
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| | services the supply of which is exempt from VAT), group 6 (education) is |
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| | (a) | after paragraph (b) insert— |
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| | “(ba) | aged 19 or over and for whom an EHC plan is |
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| | (b) | in paragraph (d), after “paragraph” insert “(ba) or”. |
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| | (3) | in note (5B), after “item (5B),” insert ““EHC plan” and” and for “has the same |
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| | meaning” substitute “have the same meanings”. |
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| | School Standards and Framework Act 1998 (c. 31) |
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| | 61D | The School Standards and Framework Act 1998 is amended as follows. |
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| | 61E(1) | Section 98 (admission for nursery education or to nursery or special school: |
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| | children with statements of special educational needs) is amended as follows. |
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| | (2) | In subsection (7) after “for whom” insert “EHC plans are maintained under |
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| | section 37 of the Children and Families Act 2013 or” |
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| | (3) | In the title after “special education needs” insert “or EHC plans”. |
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| | 61F(1) | Section 123 (nursery education: children with special educational needs) is |
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| | (2) | In subsection (1), for the words from “(except” to the end substitute “to have |
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| | regard to the provisions of the code of practice issued under section 66 of the |
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| | Children and Families Act 2013 (in the case of education in England) or |
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| | section 313(2) of the Education Act 1996 (in the case of education in Wales).” |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | Subsection (1) does not apply in so far as the person in question is |
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| | already under a duty to have regard to the provisions of the code of |
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| | (a) | for “That code of practice” substitute “The code of practice in |
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| | (b) | after “functions under” insert “Part 3 of the Children and Families Act |
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| | 2013 or (as the case may be)”. |
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| | (a) | for “that code of practice” substitute “the code of practice in question”, |
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| | (b) | after “functions under” insert “Part 3 of the Children and Families Act |
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| | 2013 or (as the case may be)”. |
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| | (6) | In subsection (3A)(b) after “no” insert “EHC plan or”. |
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| | 61G | In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary |
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| | and foundation special schools in England), in paragraph A23(9), in paragraph |
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| | (d) of the definition of “children’s services”— |
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| | (a) | after “learning difficulty” insert “or disability”, and |
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| | Learning and Skills Act 2000 (c. 21) |
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| | 61H | The Learning and Skills Act 2000 is amended as follows. |
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| | 61I | In section 35 (conditions imposed by Welsh Ministers on financial resources |
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| | provided by them), in subsection (3)(f) omit “139A or”. |
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| | 61J | In section 41 (discharge by the Welsh Ministers of certain functions in relation |
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| | to persons with learning difficulties), in subsection (1)(b) omit “139A or”.’. |
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| Schedule 3, page 151, line 8, leave out ‘In the Learning and Skills Act 2000’. |
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| Schedule 3, page 151, line 10, leave out from beginning to end of line 12 and |
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| | ‘63 | In consequence of the repeals made by paragraphs 61I, 61J and 62— |
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| | (a) | omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008; |
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| | (b) | section 80 of the Education and Skills Act 2008 is repealed. |
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| | Education Act 2002 (c. 32) |
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| | 64 | The Education Act 2002 is amended as follows. |
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| | 65 | In section 92 (pupils with statements of special educational needs: application |
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| | of National Curriculum for England)— |
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| | (a) | for the words from “a statement” to “special educational needs” |
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| | substitute “an EHC plan maintained for the pupil”, |
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| | (b) | for “the statement” substitute “the plan”, and |
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| | (c) | in the heading for “statements of special educational needs” substitute |
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| | 66 (1) | Section 94 (information concerning directions under section 93) is amended as |
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| | (2) | In subsection (3), for the words from “by virtue of” to the end substitute “and |
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| | the responsible authority ought to be required to secure an EHC needs |
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| | assessment for the pupil under section 36 of the Children and Families Act |
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| | 2013 (or, if an EHC plan is maintained for the pupil, a re-assessment under |
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| | section 44 of that Act).” |
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| | (3) | In subsection (5), for the words from “consider” to the end substitute “make a |
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| | determination in respect of the pupil under section 36(3) of the Children and |
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| | Families Act 2013 (or, if an EHC plan is maintained for the pupil, under that |
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| | section as it applies to re-assessments by virtue of regulations under section 44 |
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| | (4) | In subsection (6), for “Part 4 of the Education Act 1996” substitute “Part 3 of |
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| | the Children and Families Act 2013 (see section 23 of that Act)”. |
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| | Nationality, Immigration and Asylum Act 2002 (c. 41) |
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| | 67 (1) | Section 36 of the Nationality, Immigration and Asylum Act 2002 (education |
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| | of children who are residents of accommodation centres) is amended as |
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| | (2) | In subsection (3)(b), after “named in” insert “an EHC plan maintained for the |
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| | child under section 37 of the Children and Families Act 2013 or”. |
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| | (3) | In subsection (5), omit the “and” after paragraph (d) and after paragraph (e) |
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| | “(f) | sections 33 and 34 of the Children and Families Act 2013 |
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| | (mainstream education for children with special educational |
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| | (g) | sections 38 and 39 of that Act (EHC plan: request of parent for |
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| | (4) | After subsection (5) insert— |
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| | “(5A) | The powers of the First-tier Tribunal on determining an appeal under |
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| | section 50(2)(c) of the Children and Families Act 2013 (appeals |
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| | against certain aspects of content of EHC plan) are subject to |
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| | (5) | In subsection (6), omit “the First-tier Tribunal or”. |
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| | (a) | after “function under this Act” insert “, Part 3 of the Children and |
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| | (b) | in paragraph (a), after “special educational provision” insert “called |
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| | for by his special educational needs or”. |
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| | (7) | In subsection (9), after paragraph (a) insert— |
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| | “(aa) | section 36 of the Children and Families Act 2013 (assessment |
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| | of education, health and care needs: England) shall have effect |
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| | as if an accommodation centre were a school,”. |
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| | Children Act 2004 (c. 31) |
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| | 68 | In section 10(9) of the Children Act 2004 (co-operation arrangements in |
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| | respect of children may include arrangements in respect of certain young |
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| | people), in paragraph (c)— |
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| | (a) | after “but under the age of 25” insert “— |
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| | (i) | for whom an EHC plan is maintained, or |
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| | (b) | after “learning difficulty” insert “or disability”. |
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| | Education and Inspections Act 2006 (c. 40) |
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| | 69 | In section 16 of the Education and Inspections Act 2006 (consultation before |
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| | publishing proposals for discontinuance of maintained schools), in subsection |
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| | (1)(c), after “maintain” insert “an EHC plan or”. |
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| | Education and Skills Act 2008 (c. 25) |
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| | 70 | The Education and Skills Act 2008 is amended as follows. |
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| | 71 | In section 4 (meaning of appropriate full-time education or training)— |
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| | (a) | in subsection (1)(b), for “learning difficulty” substitute “special |
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| | 72 | In section 17 (sharing and use of information held for purposes of support |
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| | services or functions under Part 1), in subsection (8)(b)— |
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| | (a) | for “a learning difficulty” substitute “special educational needs”, and |
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| | (b) | omit the words from “and subsections (6) and (7)” to the end. |
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| | 73 | In section 47 (attendance notice: description of education or training)— |
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