House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 11 June 2013
375

Children and Families Bill, continued

Mr Robert Buckland

Mrs Sharon Hodgson

47

Page  48,  line  35,  leave out Clause 69.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

71

Clause  65,  page  45,  line  37,  leave out ‘19’ and insert ‘25’.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

72

Clause  65,  page  46,  line  11,  leave out ‘19’ and insert ‘25’.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

73

Clause  67,  page  47,  line  21,  leave out ‘such persons as the Secretary of State sees

fit’ and insert ‘publicly, for a period of not less than 90 days’.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

74

Clause  67,  page  47,  line  22,  leave out ‘by them’ and insert ‘as part of that

consultation’.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

75

Clause  67,  page  47,  line  23,  leave out subsections (3) to (8) and insert—

‘(3)
A code, or revision of a code, does not come into operation until the Secretary of

State by order so provides.

(4)
The power conferred by subsection (3) shall be made by statutory instrument.

(5)
An order bringing a code, or revision of a code, into operation may not be made

unless a draft order has been laid before and approved by resolution of each

House of Parliament.

(6)
When an Order or draft of an order is laid, the code or revision of a code to which

it relates must also be laid.

Consideration of Bill: 11 June 2013
376

Children and Families Bill, continued

(7)
No order or draft of an order may be laid until the consultation required by

subsection (2) has taken place.’.

Mr Robert Buckland

48

Clause  72,  page  49,  line  46,  leave out from ‘education,’ to end of line 1 on page 50.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

76

Clause  73,  page  50,  line  16,  at beginning insert ‘If, after a consultation period of

not less than three months, and the publication of a response to the consultation, the

Secretary of State is satisfied with the provisions, he may make an order so that’.

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

77

Page  50,  line  29,  leave out Clause 75.

Lisa Nandy

Ian Murray

Kate Green

Mrs Sharon Hodgson

54

Clause  87,  page  59,  line  9,  leave out subsection (8) and insert—

‘(8)
Regulations under section 75E may provide for the taking of leave under section

75E in a single period, or in non-consecutive periods, or in periods shorter than

the period which constitutes, for the employee, a week’s leave.’.

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.

Consideration of Bill: 11 June 2013
377

Children and Families Bill, continued

(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.’.

Lisa Nandy

Ian Murray

Kate Green

Mrs Sharon Hodgson

55

Clause  97,  page  91,  line  9,  after ‘take’, insert ‘reasonable’.

Lisa Nandy

Ian Murray

Kate Green

Mrs Sharon Hodgson

56

Clause  97,  page  94,  line  6,  after ‘take’, insert ‘reasonable’.

Lisa Nandy

Ian Murray

Kate Green

Mrs Sharon Hodgson

57

Clause  102,  page  110,  line  36,  leave out ‘If an employer allows an employee to

appeal’ and insert ‘Where an employee appeals’.

Lisa Nandy

Ian Murray

Kate Green

Mrs Sharon Hodgson

58

Clause  102,  page  111,  line  19,  leave out ‘where the employer allows the employee

Consideration of Bill: 11 June 2013
378

Children and Families Bill, continued

to appeal’ and insert ‘where an employee appeals’.

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.’.

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.”’.

Consideration of Bill: 11 June 2013
379

Children and Families Bill, continued

Secretary Michael Gove

11

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

(a)
’.

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

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)—

Consideration of Bill: 11 June 2013
380

Children and Families Bill, continued

(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

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)—

Consideration of Bill: 11 June 2013
381

Children and Families Bill, continued

(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

(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)).”



© Parliamentary copyright	Revised 11 June 2013