Session 2012 - 13
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285

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 4 June 2013

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1233-36 of the 2012-2013 Session

 

5-6, 135-36, 137-39 and 283-84 of the 2013-2014 Session

 

Consideration of Bill


 

Children and Families Bill, As Amended

 

Support for children with specified health conditions

 

Mr Adrian Sanders

 

NC8

 

To move the following Clause:—

 

‘(1)    

The governing body of a mainstream school has a duty to produce and implement

 

a medical conditions policy that defines how it plans to support the needs of

 

children with specified health conditions.

 

(2)    

The medical conditions policy must include provision about—

 

(a)    

the means by which records of the specified health conditions of children

 

at the school are to be recorded and maintained; and

 

(b)    

the preparation of an individual healthcare plan for each child with a

 

specified health condition which sets out the needs of that child arising

 

from that condition.

 

(3)    

The medical conditions policy must include requirements relating to the

 

provision of appropriate training for school staff to support the implementation of

 

individual healthcare plans.

 

(4)    

In preparing an individual healthcare plan the governing body must—

 

(a)    

consult the parent of the child concerned and, where appropriate, the

 

child about the contents of the plan; and

 

(b)    

there shall be a duty on NHS bodies to co-operate with the governing

 

body in its preparation and implementation of individual healthcare

 

plans.

 

(5)    

Local authorities and clinical commissioning groups must co-operate with

 

governing bodies in fulfilling their functions under this Act.

 

(6)    

The Secretary of State may by regulations define “specified health conditions” for

 

the purposes of this section.

 

(7)    

For the purposes of this section “NHS bodies” has the same meaning as in the

 

Health and Social Care Act 2012.’.


 
 

Notices of Amendments: 4 June 2013                     

286

 

Children and Families Bill, continued

 
 

Transfer of EHC plans

 

Secretary Michael Gove

 

NC9

 

To move the following Clause:—

 

‘(1)    

Regulations may make provision for an EHC plan maintained for a child or young

 

person by one local authority to be transferred to another local authority in

 

England, where the other authority becomes responsible for the child or young

 

person.

 

(2)    

The regulations may in particular—

 

(a)    

impose a duty on the other authority to maintain the plan;

 

(b)    

treat the plan as if originally prepared by the other authority;

 

(c)    

treat things done by the transferring authority in relation to the plan as

 

done by the other authority.’.

 

Childcare costs scheme: preparatory expenditure

 

Secretary Michael Gove

 

NC10

 

To move the following Clause:—

 

‘The Commissioners for Her Majesty’s Revenue and Customs may incur

 

expenditure in preparing for the introduction of a scheme for providing assistance

 

in respect of the costs of childcare.’.

 

Secretary Michael Gove

 

9

 

Clause  6,  page  5,  line  9,  at end insert—

 

‘( )    

In section 129 (disclosure of information), in subsection (2)(a) after “suitable for

 

adoption” insert “or for whom a local authority in England is considering

 

adoption”.’.

 

Secretary Michael Gove

 

10

 

Schedule  1,  page  116,  leave out lines 5 to 12 and insert—

 

‘“(2A)    

Regulations may make provision permitting the disclosure of

 

prescribed information entered in the register, or compiled from

 

information entered in the register—

 

(a)    

to an adoption agency or to a Welsh, Scottish or Northern Irish

 

adoption agency for any prescribed purpose, or

 

(b)    

for the purpose of enabling the information to be entered in a

 

register which is maintained in respect of Wales, Scotland or

 

Northern Ireland and which contains information about

 

children who are suitable for adoption or prospective adopters

 

who are suitable to adopt a child.”’.

 

Secretary Michael Gove

 

11

 

Schedule  1,  page  116,  line  13,  after ‘(4)’ insert ‘—

 

(a)    

’.


 
 

Notices of Amendments: 4 June 2013                     

287

 

Children and Families Bill, continued

 
 

Secretary Michael Gove

 

12

 

Schedule  1,  page  116,  line  13,  at end insert— ‘, and

 

(b)    

after “(2)” insert “or (2A)”.’.

 

Secretary Michael Gove

 

13

 

Schedule  1,  page  116,  line  17,  at end insert—

 

‘( )    

in paragraph (a) after “(2)” insert “or (2A)”,’.

 

Secretary Michael Gove

 

14

 

Schedule  1,  page  116,  line  21,  leave out ‘(2A)(a)’ and insert ‘(2A)’.

 

Secretary Michael Gove

 

15

 

Schedule  1,  page  116,  line  22,  leave out ‘after “subsection” insert “(2A)(b) or”’

 

and insert ‘for “to whom information is disclosed under subsection (3)” substitute “in

 

respect of information disclosed under subsection (2A) or (3)”’.

 

Secretary Michael Gove

 

16

 

Clause  8,  page  8,  line  42,  at end insert—

 

‘(12)    

In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders

 

Act 2012 (civil legal services)—

 

(a)    

in paragraph 12(9) (victims of domestic violence and family matters), in

 

the definition of “family enactment” after paragraph (o) insert—

 

“(p)    

section 51A of the Adoption and Children Act 2002

 

(post-adoption contact orders).”, and

 

(b)    

in paragraph 13(1) (protection of children and family matters) after

 

paragraph (f) insert—

 

“(g)    

orders under section 51A of the Adoption and

 

Children Act 2002 (post-adoption contact).”’.

 

Secretary Michael Gove

 

17

 

Clause  41,  page  32,  line  28,  after ‘needs,’ insert—

 

‘(ba)    

an independent school—

 

(i)    

which has been entered on the register of independent schools in

 

Wales (kept under section 158 of the Education Act 2002), and

 

(ii)    

which is specially organised to make special educational

 

provision for pupils with special educational needs,’.

 

Secretary Michael Gove

 

18

 

Clause  48,  page  36,  line  19,  at beginning insert ‘Special educational’.

 

Secretary Michael Gove

 

19

 

Clause  48,  page  36,  line  20,  leave out ‘provision’ and insert ‘having been’.


 
 

Notices of Amendments: 4 June 2013                     

288

 

Children and Families Bill, continued

 
 

Secretary Michael Gove

 

20

 

Clause  48,  page  36,  line  21,  at end insert—

 

‘(6)    

Subsection (7) applies if—

 

(a)    

an EHC plan is maintained for a child or young person, and

 

(b)    

health care provision specified in the plan is acquired for him or her by

 

means of a payment made by a commissioning body under section

 

12A(1) of the National Health Service Act 2006 (direct payments for

 

health care).

 

(7)    

The health care provision is to be treated as having been arranged by the

 

commissioning body in pursuance of its duty under section 42(3) of this Act,

 

subject to any prescribed conditions or exceptions.

 

(8)    

“Commissioning body”, in relation to any specified health care provision, means

 

a body that is under a duty to arrange health care provision of that kind in respect

 

of the child or young person.’.

 

Secretary Michael Gove

 

21

 

Clause  49,  page  36,  line  28,  after ‘authority’, insert ‘in England’.

 

Secretary Michael Gove

 

22

 

Schedule  3,  page  149,  line  25,  leave out ‘young person’ and insert ‘person over

 

compulsory school age but under 25’.

 

Secretary Michael Gove

 

23

 

Schedule  3,  page  151,  line  7,  at end insert—

 

Local Government Act 1974 (c. 7)

 

61A      

In Schedule 5 to the Local Government Act 1974 (matters not subject to

 

investigation by Local Commissioners), in paragraph 5(2)(b) for “by section

 

312” substitute “by section 579(1)”.

 

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

 

61B(1)  

In the Disabled Persons (Services, Consultation and Representation) Act 1986,

 

section 5 (disabled persons leaving special education) is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

in paragraph (a) after “needs)” insert “, or have maintained an EHC

 

plan under section 37 of the Children and Families Act 2013,”, and

 

(b)    

in paragraph (b) after “statement” (in both places) insert “or plan”.

 

      (3)  

In subsection (2)—

 

(a)    

in paragraph (a) after “statement” insert “, or secure the preparation of

 

an EHC plan,”,

 

(b)    

in paragraph (b) after “statement” insert “or plan”, and

 

(c)    

after “making the statement” insert “, securing the preparation of the

 

plan”.

 

      (4)  

After subsection (8) insert—

 

“(8A)    

Regulations under section (Transfer of EHC plans) of the Children

 

and Families Act 2013 (transfer of EHC plans) may make such


 
 

Notices of Amendments: 4 June 2013                     

289

 

Children and Families Bill, continued

 
 

provision as appears to the Secretary of State to be necessary or

 

expedient in connection with subsections (1) to (7) of this section.”

 

      (5)  

In subsection (9), in paragraph (a) of the definition of “the responsible

 

authority”, after “1996” insert “or (as the case may be) Part 3 of the Children

 

and Families Act 2013”.

 

Value Added Tax Act 1994 (c. 23)

 

61C(1)  

In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods and

 

services the supply of which is exempt from VAT), group 6 (education) is

 

amended as follows.

 

      (2)  

In item 5B—

 

(a)    

after paragraph (b) insert—

 

“(ba)    

aged 19 or over and for whom an EHC plan is

 

maintained,”, and

 

(b)    

in paragraph (d), after “paragraph” insert “(ba) or”.

 

      (3)  

in note (5B), after “item (5B),” insert ““EHC plan” and” and for “has the same

 

meaning” substitute “have the same meanings”.

 

School Standards and Framework Act 1998 (c. 31)

 

61D      

The School Standards and Framework Act 1998 is amended as follows.

 

61E(1)  

Section 98 (admission for nursery education or to nursery or special school:

 

children with statements of special educational needs) is amended as follows.

 

      (2)  

In subsection (7) after “for whom” insert “EHC plans are maintained under

 

section 37 of the Children and Families Act 2013 or”

 

      (3)  

In the title after “special education needs” insert “or EHC plans”.

 

61F(1)  

Section 123 (nursery education: children with special educational needs) is

 

amended as follows.

 

      (2)  

In subsection (1), for the words from “(except” to the end substitute “to have

 

regard to the provisions of the code of practice issued under section 66 of the

 

Children and Families Act 2013 (in the case of education in England) or

 

section 313(2) of the Education Act 1996 (in the case of education in Wales).”

 

      (3)  

After subsection (1) insert—

 

“(1A)    

Subsection (1) does not apply in so far as the person in question is

 

already under a duty to have regard to the provisions of the code of

 

practice in question.”

 

      (4)  

In subsection (2)—

 

(a)    

for “That code of practice” substitute “The code of practice in

 

question”, and

 

(b)    

after “functions under” insert “Part 3 of the Children and Families Act

 

2013 or (as the case may be)”.

 

      (5)  

In subsection (3)—

 

(a)    

for “that code of practice” substitute “the code of practice in question”,

 

and

 

(b)    

after “functions under” insert “Part 3 of the Children and Families Act

 

2013 or (as the case may be)”.

 

      (6)  

In subsection (3A)(b) after “no” insert “EHC plan or”.

 

61G      

In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary

 

and foundation special schools in England), in paragraph A23(9), in paragraph

 

(d) of the definition of “children’s services”—

 

(a)    

after “learning difficulty” insert “or disability”, and


 
 

Notices of Amendments: 4 June 2013                     

290

 

Children and Families Bill, continued

 
 

(b)    

omit “66,”.

 

Learning and Skills Act 2000 (c. 21)

 

61H      

The Learning and Skills Act 2000 is amended as follows.

 

61I      

In section 35 (conditions imposed by Welsh Ministers on financial resources

 

provided by them), in subsection (3)(f) omit “139A or”.

 

61J      

In section 41 (discharge by the Welsh Ministers of certain functions in relation

 

to persons with learning difficulties), in subsection (1)(b) omit “139A or”.’.

 

Secretary Michael Gove

 

24

 

Schedule  3,  page  151,  line  8,  leave out ‘In the Learning and Skills Act 2000’.

 

Secretary Michael Gove

 

25

 

Schedule  3,  page  151,  line  10,  leave out from beginning to end of line 12 and

 

insert—

 

‘63      

In consequence of the repeals made by paragraphs 61I, 61J and 62—

 

(a)    

omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008;

 

(b)    

section 80 of the Education and Skills Act 2008 is repealed.

 

Education Act 2002 (c. 32)

 

64         

The Education Act 2002 is amended as follows.

 

65         

In section 92 (pupils with statements of special educational needs: application

 

of National Curriculum for England)—

 

(a)    

for the words from “a statement” to “special educational needs”

 

substitute “an EHC plan maintained for the pupil”,

 

(b)    

for “the statement” substitute “the plan”, and

 

(c)    

in the heading for “statements of special educational needs” substitute

 

“EHC plans”.

 

66  (1)  

Section 94 (information concerning directions under section 93) is amended as

 

follows.

 

      (2)  

In subsection (3), for the words from “by virtue of” to the end substitute “and

 

the responsible authority ought to be required to secure an EHC needs

 

assessment for the pupil under section 36 of the Children and Families Act

 

2013 (or, if an EHC plan is maintained for the pupil, a re-assessment under

 

section 44 of that Act).”

 

      (3)  

In subsection (5), for the words from “consider” to the end substitute “make a

 

determination in respect of the pupil under section 36(3) of the Children and

 

Families Act 2013 (or, if an EHC plan is maintained for the pupil, under that

 

section as it applies to re-assessments by virtue of regulations under section 44

 

(7)).”

 

      (4)  

In subsection (6), for “Part 4 of the Education Act 1996” substitute “Part 3 of

 

the Children and Families Act 2013 (see section 23 of that Act)”.

 

Nationality, Immigration and Asylum Act 2002 (c. 41)

 

67  (1)  

Section 36 of the Nationality, Immigration and Asylum Act 2002 (education

 

of children who are residents of accommodation centres) is amended as

 

follows.

 

      (2)  

In subsection (3)(b), after “named in” insert “an EHC plan maintained for the

 

child under section 37 of the Children and Families Act 2013 or”.


 
 

Notices of Amendments: 4 June 2013                     

291

 

Children and Families Bill, continued

 
 

      (3)  

In subsection (5), omit the “and” after paragraph (d) and after paragraph (e)

 

insert—

 

“(f)    

sections 33 and 34 of the Children and Families Act 2013

 

(mainstream education for children with special educational

 

needs), and

 

(g)    

sections 38 and 39 of that Act (EHC plan: request of parent for

 

named school etc).”

 

      (4)  

After subsection (5) insert—

 

“(5A)    

The powers of the First-tier Tribunal on determining an appeal under

 

section 50(2)(c) of the Children and Families Act 2013 (appeals

 

against certain aspects of content of EHC plan) are subject to

 

subsection (2) above.”

 

      (5)  

In subsection (6), omit “the First-tier Tribunal or”.

 

      (6)  

In subsection (7)—

 

(a)    

after “function under this Act” insert “, Part 3 of the Children and

 

Families Act 2013”, and

 

(b)    

in paragraph (a), after “special educational provision” insert “called

 

for by his special educational needs or”.

 

      (7)  

In subsection (9), after paragraph (a) insert—

 

“(aa)    

section 36 of the Children and Families Act 2013 (assessment

 

of education, health and care needs: England) shall have effect

 

as if an accommodation centre were a school,”.

 

Children Act 2004 (c. 31)

 

68         

In section 10(9) of the Children Act 2004 (co-operation arrangements in

 

respect of children may include arrangements in respect of certain young

 

people), in paragraph (c)—

 

(a)    

after “but under the age of 25” insert “—

 

(i)    

for whom an EHC plan is maintained, or

 

(ii)    

”, and

 

(b)    

after “learning difficulty” insert “or disability”.

 

Education and Inspections Act 2006 (c. 40)

 

69         

In section 16 of the Education and Inspections Act 2006 (consultation before

 

publishing proposals for discontinuance of maintained schools), in subsection

 

(1)(c), after “maintain” insert “an EHC plan or”.

 

Education and Skills Act 2008 (c. 25)

 

70         

The Education and Skills Act 2008 is amended as follows.

 

71         

In section 4 (meaning of appropriate full-time education or training)—

 

(a)    

in subsection (1)(b), for “learning difficulty” substitute “special

 

educational needs”, and

 

(b)    

omit subsection (3).

 

72         

In section 17 (sharing and use of information held for purposes of support

 

services or functions under Part 1), in subsection (8)(b)—

 

(a)    

for “a learning difficulty” substitute “special educational needs”, and

 

(b)    

omit the words from “and subsections (6) and (7)” to the end.

 

73         

In section 47 (attendance notice: description of education or training)—


 
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