House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

297

House of Commons

Notices of Amendments

given on

Wednesday 5 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, 283-84 and 285-96 of the 2013-2014 Session

Consideration of Bill

Children and Families Bill, As Amended

Provision of further assistance to care leavers up to the age of 25

Craig Whittaker

Bill Esterson

Annette Brooke

NC16

To move the following Clause:—

‘(1)
Section 23CA of the Children Act 1989 (Further assistance to pursue education

or training) is amended as follows.

(2)
At the end of the section heading insert “or for welfare purposes”.

(3)
In subsection (1)(a), at the end, insert “and”.

(4)
In subsection (1)(b), omit the last “and”.

(5)
Omit subsection (1)(c).

(6)
In subsection (4), after “training”, insert “or welfare”.

(7)
In subsection (5)(a), omit the last “or”.

(8)
In subsection (5)(b), after “training”, insert “or welfare”.

(9)
At the end of subsection (5), add the following new paragraphs—

“(c)
providing advice and support in relation to his welfare; or

(d)
making a grant in exceptional circumstances to enable him to

meet expenses connected with his welfare.”.’.

Caroline Nokes

30

Clause  30,  page  24,  line  34,  at end insert—

‘(f)
arrangements to assist young people and parents in managing a personal

budget should they choose one.’.

Notices of Amendments: 5 June 2013
298

Children and Families Bill, continued

Amendments to the Health Act 2006

Alex Cunningham

NC17

To move the following Clause:—

‘(1)
The Health Act 2006 is amended as follows.

(2)
After section 8, insert—

“8A
Offence of failing to prevent smoking in a private vehicle when

children are present

(1)
It is the duty of any person who drives a private vehicle to ensure that the

vehicle is smoke-free whenever a child or children under the age of 18

are in such vehicle or part of such vehicle.

(2)
A person who fails to comply with the duty in subsection (1) commits an

offence.

(3)
A person convicted of an offence under this section is liable on summary

conviction to a fine of £60.

(4)
The Secretary of State may introduce regulations to alter the level of

penalty payable under subsection (3).

(5)
The Secretary of State shall update all relevant regulations regarding the

offence created under subsection (2) within six months of this section

coming into force.

(3)
In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(3).”.’.

Bill Esterson

Craig Whittaker

31

Clause  9,  page  9,  line  8,   at end insert ‘and section 23B subsection (8A) and

monitoring and evaluating the effectiveness of that local authority in discharging its duties

under section 23C subsection (4B) and 23CA and advising them on ways to improve.’.

Bill Esterson

Craig Whittaker

32

Clause  9,  page  9,  line  11,  at end insert ‘In the Children Act 1989, in section 23B

after subsection 8 insert—

“(8A)
The duty of local authorities under subsection (8) to safeguard and promote the

child’s welfare, includes in particular a duty to promote the child’s educational

achievement.”.’.

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

33

Clause  1,  page  1,  leave out line 9 and insert ‘satisfied that C should be placed for

adoption—’.

Notices of Amendments: 5 June 2013
299

Children and Families Bill, continued

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

34

Clause  2,  page  1,  line  15,  at end insert—

‘(1A)
In subsection (4), after paragraph (f) insert—

“(g)
the child’s religious persuasion, racial origin and cultural and linguistic

background, although this paragraph does not apply to an adoption

agency in Wales, to which subsection (5) instead applies.”.’.

Review of impact of under-occupancy penalty on prospective adopters, prospective

special guardians and foster parents

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

NC18

To move the following Clause:—

‘Before the end of one year beginning with the day on which this Act receives

Royal Assent, the Secretary of State must—

(a)
carry out a review of the impact of the housing under-occupancy penalty

on prospective adopters, prospective special guardians and foster parents,

and

(b)
publish a report of the conclusions of the review.’.

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

35

Clause  11,  page  10,  line  10,  at end insert—

‘(2B)
“Involvement” is any kind of direct or indirect involvement that promotes the

welfare of the child. It shall not be taken to mean any particular division of a

child’s time.’.

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

36

Clause  15,  page  14,  line  46,  at end insert—

‘(A1)
Section 22 of the Children Act 1989 (general duty of local authority in relation to

children looked after by them) is amended as follows—


“In subsection (4), after “proposing to look after,”, insert “including

when making any fundamental change to the care plan before or after a

care order has been made”.”.’.

Notices of Amendments: 5 June 2013
300

Children and Families Bill, continued

Arrangements to support child witnesses

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

NC19

To move the following Clause:—

‘(1)
The Secretary of State shall by order introduce arrangements to establish

specialist courts in cases where a child has been sexually abused or harmed, and

where the child will be required to give evidence to the court, and to be examined

by the court.

(2)
Arrangements made by order under subsection (1) above shall include

arrangements to appoint intermediaries to support child witnesses in all court

cases, and other measures to support child witnesses.’.

Personal, social and health education in maintained schools

Lisa Nandy

Mrs Sharon Hodgson

Stella Creasy

NC20

To move the following Clause:—

‘(1)
In section 84(3) of the Education Act 2002 (curriculum foundation subjects for

the first, second and third key stages), after paragraph (g) there is inserted—

“(ga)
personal, social and health education”.

(2)
In section 85(4) of the Education Act 2002 (curriculum foundation subjects for

the fourth key stage), at the end there is inserted “, and

(d)
personal, social and health education.”

(3)
In section 74(1) of the Education and Inspections Act 2006, which (when brought

into force) will substitute a new section 85 in the Education Act 2002, in

subsection (4) of that substituted section (foundation subjects for the fourth key

stage), at the end there is inserted “, and

(d)
personal, social and health education.”

(4)
Before section 86 of the Education Act 2002 there is inserted—

“85B
Personal, social and health education

(1)
For the purposes of this Part, personal, social and health education

(“PSHE”) shall include sex and relationship education, including

information about same-sex relationships, sexual violence, domestic

violence and sexual consent.

(2)
The National Curriculum for England is not required to specify

attainment targets or assessment arrangements for PSHE (and section

84(1) has effect accordingly).

(3)
The Secretary of State for Education shall set out guidance to schools and

colleges to ensure that a coherent approach to personal, social, health and

economic education is developed, including between primary and

secondary schools.

(4)
It is the duty of the governing body and head teacher of any school in

which PSHE is provided in pursuance of this Part to secure that guidance

issued under subsection (3) is followed and that—

Notices of Amendments: 5 June 2013
301

Children and Families Bill, continued

(a)
information presented in the course of providing PSHE should

be accurate and balanced;

(b)
PSHE is taught in a way that is appropriate to the ages of the

pupils concerned and to their religious and cultural backgrounds,

and reflects a reasonable range of religious, cultural and other

perspectives;

(c)
PSHE is taught in a way that endeavours to promote equality,

celebrate diversity, and emphasise the importance of both rights

and responsibilities.

(5)
In the exercise of their functions under this Part so far as relating to

PSHE, a local authority, governing body or head teacher shall have

regard to any guidance issued from time to time by the Secretary of State.

(5)
Section 403 of the Education Act 1996 (sex education: manner of provision) is

amended as set out in subsections (2) to (5).

(6)
In subsection (1), for the words from the beginning to “at a maintained school”

there is substituted “The governing body or other proprietor of any school to

which this section applies, and its head teacher, must take such steps as are

reasonably practicable to ensure that sex and relationships education is given to

registered pupils at the school and that”.

(7)
After that subsection there is inserted—

“(1ZA)
The schools to which this section applies are—

(a)
maintained schools;

(b)
city technology colleges;

(c)
city colleges for the technology of the arts;

(d)
Academies.


A reference in this section or section 404 to the governing body of a school, in

relation to a school within paragraph (b), (c) or (d), shall be read as a reference to

the proprietor of the school.”.

(8)
In subsection (1A)—

(a)
for “when sex education is given to registered pupils at maintained

schools” there is substituted “when sex and relationships education is

given to registered pupils at schools to which this section applies”;

(b)
in paragraph (a), after “, and” there is inserted “learn the nature of civil

partnership and the importance of strong and stable relationships.”;

(c)
paragraph (b) is omitted.

(9)
In subsection (1C), for “sex education” there is substituted “sex and relationships

education”,

(10)
In section 579 of that Act (general interpretation), in the definition of “sex

education” in subsection (1)—

(a)
for “sex education” there is substituted “sex and relationships

education”;

(b)
at the end there is inserted “but does not include education about human

reproduction provided as part of any science teaching;”.

(11)
For section 405 of the Education Act 1996 there is substituted—

“405
Exemption from sex and relationships education

“(1)
If a pupil of sufficient maturity in attendance at a school to which section

403 applies requests to be wholly or partly excused from receiving sex

and relationships education at the school, the pupil shall be so excused

accordingly until the request is withdrawn.

(2)
The Secretary of State must in regulations define “sufficient maturity”.

Notices of Amendments: 5 June 2013
302

Children and Families Bill, continued

(3)
A statutory instrument containing regulations under subsection (2) may

not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(4)
The Secretry of State must lay draft regulations before Parliament before

the end of the period of 3 months beginning with the day on which this

Act is passed.”.’.

NOTICES WITHDRAWN

The following Notices were withdrawn on 5 June 2013:

NC1 and NC2.



© Parliamentary copyright	Revised 6 June 2013