House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

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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