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Notices of Amendments: 4 June 2013                     

292

 

Children and Families Bill, continued

 
 

(a)    

in subsection (5)(b)(ii), for “learning difficulty” substitute “special

 

educational needs”, and

 

(b)    

omit subsection (6).

 

74         

In section 78(1) (Part 2: supplementary), in the definition of “relevant young

 

adult”—

 

(a)    

for “a learning difficulty” substitute “special educational needs

 

(within the meaning given by section 579(1) of the Education Act

 

1996)”, and

 

(b)    

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

 

75         

In section 132 (providers of independent education or training for 16 to 18 year

 

olds)—

 

(a)    

in subsection (4)(a), for the words from “a statement” to “needs)”

 

substitute “an EHC plan is maintained”,

 

(b)    

in subsection (4)(b), for “a statement was so” substitute “an EHC plan

 

was”,

 

(c)    

in subsection (4)(b)(i), after “school” insert “or (if later) the person

 

ceased to be a student at his or her last post-16 institution”,

 

(d)    

in subsection (4)(b)(ii), after “institution” insert “in England

 

mentioned in subsection (2)”, and

 

(e)    

in subsection (6), after the definition of “an academic year” insert—

 

““post-16 institution” has the meaning given by section 72(2) of the

 

Children and Families Act 2013;”.

 

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

 

76         

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as

 

follows.

 

77         

In section 83 (power to secure provision of apprenticeship training)—

 

(a)    

in subsection (1)(b), for “are subject to learning difficulty assessment”

 

substitute “for whom an EHC plan is maintained”,

 

(b)    

in subsection (2)(b), for “learning difficulties” substitute “special

 

educational needs”, and

 

(c)    

omit subsection (4).

 

78         

In section 86 (education and training for persons aged 19 or over etc), in

 

subsection (1)(a), for “who are subject to learning difficulty assessment”

 

substitute “for whom an EHC plan is maintained”.

 

79         

In section 87 (learning aims for persons aged 19 or over: provision of

 

facilities), in subsection (3)(a), for “who are subject to learning difficulty

 

assessment” substitute “for whom an EHC plan is maintained”.

 

80         

In section 101 (financial resources: conditions), in subsection (5)(f)—

 

(a)    

after “specified in” insert “an EHC plan or”, and

 

(b)    

omit “139A or”.

 

81         

In section 115 (persons with learning difficulties)—

 

(a)    

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

 

educational needs”,

 

(b)    

in subsection (2)(a), for “who are subject to learning difficulty

 

assessment” substitute “for whom an EHC plan is maintained”,

 

(c)    

omit subsections (3) and (4), and

 

(d)    

in the title, for “learning difficulties” substitute “special educational

 

needs”.

 

82         

In section 129 (general duties of Ofqual)—


 
 

Notices of Amendments: 4 June 2013                     

293

 

Children and Families Bill, continued

 
 

(a)    

in subsection (2)(b) and (c), for “learning difficulties” substitute

 

“special educational needs”, and

 

(b)    

omit subsections (9) and (10).

 

Academies Act 2010 (c. 32)

 

83         

In section 1 of the Academies Act 2010 (Academy arrangements), omit

 

subsections (7) and (8).

 

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

 

84         

In paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment of

 

Offenders Act 2012 (civil legal services: special educational needs)—

 

(a)    

in sub-paragraph (1)(a), after “1996” insert “or Part 3 of the Children

 

and Families Act 2013”, and

 

(b)    

in sub-paragraph (1)(b), for “sections 139A and” substitute

 

“section”.’.

 

Secretary Michael Gove

 

26

 

Clause  87,  page  66,  leave out line 34 and insert—

 

‘(b)    

a person who is an employer or former employer of such a person.

 

(2A)    

In subsection (2)(b) “employer”, in relation to a person falling within subsection

 

(2)(a) who is an employed earner, includes a person who is a secondary

 

contributor as regards that employed earner.

 

(2B)    

The conditions as to employment or self-employment that may be specified in

 

provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to

 

being in employed or self-employed earner’s employment.

 

(2C)    

In subsections (2A) and (2B)—

 

“employed earner” and “self-employed earner” have the meaning given by

 

section 2 of the Social Security Contributions and Benefits Act 1992,

 

subject for these purposes to the effect of regulations made under section

 

2(2)(b) of that Act (persons who are to be treated as employed or self-

 

employed earners);

 

“employment”, in the case of employment as an employed or self-employed

 

earner, has the meaning given by section 122 of that Act;

 

“secondary contributor”, as regards an employed earner, means a person

 

who—

 

(a)    

is indicated by section 7(1) of that Act, as that subsection has

 

effect subject to section 7(2) of that Act, as being a secondary

 

contributor as regards the earner, or

 

(b)    

is indicated by regulations under section 7(2) of that Act as being

 

a person to be treated as a secondary contributor as regards the

 

earner.’.

 

Secretary Michael Gove

 

27

 

Schedule  7,  page  194,  line  2,  at end insert—

 

‘40A      

In section 230 (meaning of “employee”, etc), after subsection (6) there is

 

inserted—

 

“(7)    

This section has effect subject to section 75K(2A) and (2C).” ’.


 
 

Notices of Amendments: 4 June 2013                     

294

 

Children and Families Bill, continued

 
 

Secretary Michael Gove

 

28

 

Clause  107,  page  113,  line  39,  at end insert—

 

‘(2)    

Subsections (3) to (5) apply if section 85(1) of the Legal Aid, Sentencing and

 

Punishment of Offenders Act 2012 (“the 2012 Act”) comes into force on or

 

before the day on which this Act is passed.

 

(3)    

Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction

 

by magistrates’ court) applies in relation to the following offences as if the

 

offences were relevant offences (as defined in section 85(3) of that Act)—

 

(a)    

the offence contained in the new section 51C(4) to be inserted into the

 

Childcare Act 2006 by paragraph 13 of Schedule 4 to this Act;

 

(b)    

the offence contained in the new section 51F(1) to be inserted into that

 

Act by paragraph 13 of that Schedule;

 

(c)    

the offence contained in the new section 61D(4) to be inserted into that

 

Act by paragraph 26 of that Schedule;

 

(d)    

the offence contained in the new section 61G(1) to be inserted into that

 

Act by paragraph 26 of that Schedule;

 

(e)    

the offence contained in the new section 69C(6) to be inserted into that

 

Act by paragraph 36 of that Schedule;

 

(f)    

the offence contained in the new section 76B(3) to be inserted into that

 

Act by paragraph 46 of that Schedule.

 

(4)    

Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction

 

by magistrates’ court) applies in relation to the power in the new section

 

69A(1)(b) to be inserted into the Childcare Act 2006 by paragraph 35 of Schedule

 

4 to this Act as if the power were a relevant power (as defined in section 85(3) of

 

the 2012 Act).

 

(5)    

Regulations described in section 85(11) of the 2012 Act may amend, repeal or

 

otherwise modify a provision of this Act or the Childcare Act 2006.’.

 

Tim Loughton

 

29

 

Clause  3,  page  2,  line  22,  at end insert—

 

‘(1A)    

Directions under subsection (1) may not be given before May 2017, being five

 

years after the introduction of adoption scorecards.’.

 

General duty of local authorities to co-operate to secure sufficient accommodation for

 

looked after children

 

Tim Loughton [R]

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Children Act 1989 is amended as follows.

 

(2)    

After section 22G (General duty of local authority to secure sufficient

 

accommodation for looked after children), insert the following new section:

 

“22H  

General duty of local authorities to co-operate to secure sufficient

 

accommodation for looked after children

 

(1)    

It is the general duty of a local authority to take steps in co-operation with

 

neighbouring local authorities that secure, so far as reasonably

 

practicable, the outcomes in subsections (2) and (3).


 
 

Notices of Amendments: 4 June 2013                     

295

 

Children and Families Bill, continued

 
 

(2)    

The first outcome applies to the children defined in subsection (3) of

 

section 22G in respect of whom the local authority are unable to secure

 

the outcome defined in subsection (2) of that section.

 

(3)    

The first outcome is that the local authority is able to secure

 

accommodation for those children that—

 

(a)    

is within a neighbouring authority’s area; and

 

(b)    

meets the need of those children.

 

(4)    

The second outcome applies to the children defined in subsection (3) of

 

section 22G in respect of whom a neighbouring local authority is unable

 

to secure the outcome defined in subsection (2) of that section.

 

(5)    

The second outcome is that the local authority is able to secure

 

accommodation for those children that—

 

(a)    

is within the authority’s area; and

 

(b)    

meets the need of those children.”.’.

 

General duty of local authority to secure sufficient early help services

 

Tim Loughton [R]

 

NC12

 

To move the following Clause:—

 

‘(1)    

It is the general duty of a local authority to take steps that secure, so far as

 

reasonably practicable, the outcome in subsection (2).

 

(2)    

The outcome is that the local authority is able to provide the children and young

 

people mentioned in subsection (3) and their families with provision of early help

 

services that—

 

(a)    

are within the authority’s area or a neighbouring authority’s area; and

 

(b)    

meet the needs of those children and young people and their families.

 

(3)    

The children and young people referred to in subsection (2) are those—

 

(a)    

who live within the local authority’s area, or

 

(b)    

that the local authority is looking after.

 

(4)    

In this section—

 

“early help services” means services to children under 6 and their families,

 

and services to children and young people (of whatever age) and their

 

families early in the emergence of a problem;

 

“young people” means people under 25.’.

 

Duty of local safeguarding children boards to undertake serious reviews

 

Tim Loughton

 

NC13

 

To move the following Clause:—

 

‘(1)    

Section 14 of the Children Act 2004 (Functions and procedure of Local

 

Safeguarding Children Boards) is amended as follows.

 

(2)    

After subsection (2), insert—

 

“(2A)    

Functions of review under subsection (2) shall include a duty to

 

undertake serious case reviews at the direction of the Secretary of

 

State.”.’.


 
 

Notices of Amendments: 4 June 2013                     

296

 

Children and Families Bill, continued

 
 

Part-time independent educational institutions to have no right to give corporal

 

punishment

 

Tim Loughton

 

NC14

 

To move the following Clause:—

 

‘(1)    

Schedule 1 of the Education and Skills Act 2008 (Minor and consequential

 

amendments) is amended as follows.

 

(2)    

In sub-paragraph (5) of paragraph 9, insert the following words at the end of

 

inserted subsection (7B):

 

“except that it applies in relation to this section as if for paragraphs (a) and

 

(b) of subsection (2) of section 92 of that Act there were substituted the

 

following words “for any amount of time during an academic year, no

 

matter how little”.”.’.

 

Return from care

 

Tim Loughton [R]

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Children Act 1989 is amended as follows.

 

(2)    

After section 22C (Ways in which looked after children are to be accommodated

 

and maintained), insert the following new section:

 

“22CA

 Return home support services for looked after children returning

 

home to the care of their parents/others with parental responsibility

 

(1)    

Whenever a local authority decides that a looked after child should return

 

to the care of its parent, the local authority must assess and monitor the

 

support needs of the child and the parent for as long as is necessary to

 

safeguard and promote the child’s welfare.

 

(2)    

If after carrying out an assessment in accordance with subsection (1)

 

above, the local authority decides that the child or the parent has support

 

needs, they must provide a child in care, and, in the case of formerly-

 

accommodated children, offer to provide, ‘return home support services’

 

to meet the identified support needs for as long as is necessary to

 

safeguard and promote the child’s welfare.

 

(3)    

Whenever the local authority provides ‘return home support services’

 

under subsection (2) above, they must prepare a personal budget if asked

 

to do so by the parent or the child, with a view to the recipient being

 

involved in agreeing and securing those services.”.’.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 4 June 2013:

 

Amendment 1.

 


 
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Revised 5 June 2013