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| Page 48, line 35, leave out Clause 69. |
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| Clause 65, page 45, line 37, leave out ‘19’ and insert ‘25’. |
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| Clause 65, page 46, line 11, leave out ‘19’ and insert ‘25’. |
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| Clause 67, page 47, line 21, leave out ‘such persons as the Secretary of State sees |
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| fit’ and insert ‘publicly, for a period of not less than 90 days’. |
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| Clause 67, page 47, line 22, leave out ‘by them’ and insert ‘as part of that |
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| Clause 67, page 47, line 23, leave out subsections (3) to (8) and insert— |
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| | ‘(3) | A code, or revision of a code, does not come into operation until the Secretary of |
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| | State by order so provides. |
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| | (4) | The power conferred by subsection (3) shall be made by statutory instrument. |
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| | (5) | An order bringing a code, or revision of a code, into operation may not be made |
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| | unless a draft order has been laid before and approved by resolution of each |
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| | |
| | (6) | When an Order or draft of an order is laid, the code or revision of a code to which |
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| | it relates must also be laid. |
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| | (7) | No order or draft of an order may be laid until the consultation required by |
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| | subsection (2) has taken place.’. |
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| Clause 72, page 49, line 46, leave out from ‘education,’ to end of line 1 on page 50. |
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| Clause 73, page 50, line 16, at beginning insert ‘If, after a consultation period of |
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| not less than three months, and the publication of a response to the consultation, the |
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| Secretary of State is satisfied with the provisions, he may make an order so that’. |
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| Page 50, line 29, leave out Clause 75. |
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| Clause 87, page 59, line 9, leave out subsection (8) and insert— |
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| | ‘(8) | Regulations under section 75E may provide for the taking of leave under section |
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| | 75E in a single period, or in non-consecutive periods, or in periods shorter than |
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| | the period which constitutes, for the employee, a week’s leave.’. |
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| Clause 87, page 66, leave out line 34 and insert— |
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| | ‘(b) | a person who is an employer or former employer of such a person. |
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| | (2A) | In subsection (2)(b) “employer”, in relation to a person falling within subsection |
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| | (2)(a) who is an employed earner, includes a person who is a secondary |
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| | contributor as regards that employed earner. |
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| | (2B) | The conditions as to employment or self-employment that may be specified in |
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| | provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to |
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| | being in employed or self-employed earner’s employment. |
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| | (2C) | In subsections (2A) and (2B)— |
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| | “employed earner” and “self-employed earner” have the meaning given by |
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| | section 2 of the Social Security Contributions and Benefits Act 1992, |
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| | subject for these purposes to the effect of regulations made under section |
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| | 2(2)(b) of that Act (persons who are to be treated as employed or self- |
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| | “employment”, in the case of employment as an employed or self-employed |
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| | earner, has the meaning given by section 122 of that Act; |
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| | “secondary contributor”, as regards an employed earner, means a person |
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| | (a) | is indicated by section 7(1) of that Act, as that subsection has |
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| | effect subject to section 7(2) of that Act, as being a secondary |
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| | contributor as regards the earner, or |
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| | (b) | is indicated by regulations under section 7(2) of that Act as being |
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| | a person to be treated as a secondary contributor as regards the |
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| Clause 97, page 91, line 9, after ‘take’, insert ‘reasonable’. |
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| Clause 97, page 94, line 6, after ‘take’, insert ‘reasonable’. |
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| Clause 102, page 110, line 36, leave out ‘If an employer allows an employee to |
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| appeal’ and insert ‘Where an employee appeals’. |
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| Clause 102, page 111, line 19, leave out ‘where the employer allows the employee |
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| to appeal’ and insert ‘where an employee appeals’. |
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| Clause 107, page 113, line 39, at end insert— |
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| | ‘(2) | Subsections (3) to (5) apply if section 85(1) of the Legal Aid, Sentencing and |
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| | Punishment of Offenders Act 2012 (“the 2012 Act”) comes into force on or |
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| | before the day on which this Act is passed. |
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| | (3) | Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction |
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| | by magistrates’ court) applies in relation to the following offences as if the |
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| | offences were relevant offences (as defined in section 85(3) of that Act)— |
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| | (a) | the offence contained in the new section 51C(4) to be inserted into the |
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| | Childcare Act 2006 by paragraph 13 of Schedule 4 to this Act; |
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| | (b) | the offence contained in the new section 51F(1) to be inserted into that |
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| | Act by paragraph 13 of that Schedule; |
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| | (c) | the offence contained in the new section 61D(4) to be inserted into that |
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| | Act by paragraph 26 of that Schedule; |
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| | (d) | the offence contained in the new section 61G(1) to be inserted into that |
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| | Act by paragraph 26 of that Schedule; |
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| | (e) | the offence contained in the new section 69C(6) to be inserted into that |
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| | Act by paragraph 36 of that Schedule; |
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| | (f) | the offence contained in the new section 76B(3) to be inserted into that |
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| | Act by paragraph 46 of that Schedule. |
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| | (4) | Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction |
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| | by magistrates’ court) applies in relation to the power in the new section |
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| | 69A(1)(b) to be inserted into the Childcare Act 2006 by paragraph 35 of Schedule |
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| | 4 to this Act as if the power were a relevant power (as defined in section 85(3) of |
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| | (5) | Regulations described in section 85(11) of the 2012 Act may amend, repeal or |
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| | otherwise modify a provision of this Act or the Childcare Act 2006.’. |
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| Schedule 1, page 116, leave out lines 5 to 12 and insert— |
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| | ‘“(2A) | Regulations may make provision permitting the disclosure of |
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| | prescribed information entered in the register, or compiled from |
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| | information entered in the register— |
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| | (a) | to an adoption agency or to a Welsh, Scottish or Northern Irish |
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| | adoption agency for any prescribed purpose, or |
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| | (b) | for the purpose of enabling the information to be entered in a |
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| | register which is maintained in respect of Wales, Scotland or |
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| | Northern Ireland and which contains information about |
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| | children who are suitable for adoption or prospective adopters |
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| | who are suitable to adopt a child.”’. |
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| Schedule 1, page 116, line 13, after ‘(4)’ insert ‘— |
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| Schedule 1, page 116, line 13, at end insert— ‘, and |
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| | (b) | after “(2)” insert “or (2A)”.’. |
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| Schedule 1, page 116, line 17, at end insert— |
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| | ‘( ) | in paragraph (a) after “(2)” insert “or (2A)”,’. |
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| Schedule 1, page 116, line 21, leave out ‘(2A)(a)’ and insert ‘(2A)’. |
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| Schedule 1, page 116, line 22, leave out ‘after “subsection” insert “(2A)(b) or”’ |
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| and insert ‘for “to whom information is disclosed under subsection (3)” substitute “in |
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| respect of information disclosed under subsection (2A) or (3)”’. |
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| Schedule 3, page 149, line 25, leave out ‘young person’ and insert ‘person over |
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| compulsory school age but under 25’. |
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| Schedule 3, page 151, line 7, at end insert— |
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| | ‘Local Government Act 1974 (c. 7) |
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| | 61A | In Schedule 5 to the Local Government Act 1974 (matters not subject to |
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| | investigation by Local Commissioners), in paragraph 5(2)(b) for “by section |
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| | 312” substitute “by section 579(1)”. |
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| | Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) |
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| | 61B(1) | In the Disabled Persons (Services, Consultation and Representation) Act 1986, |
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| | section 5 (disabled persons leaving special education) is amended as follows. |
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| | (a) | in paragraph (a) after “needs)” insert “, or have maintained an EHC |
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| | plan under section 37 of the Children and Families Act 2013,”, and |
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| | (b) | in paragraph (b) after “statement” (in both places) insert “or plan”. |
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| | (a) | in paragraph (a) after “statement” insert “, or secure the preparation of |
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| | (b) | in paragraph (b) after “statement” insert “or plan”, and |
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| | (c) | after “making the statement” insert “, securing the preparation of the |
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| | |
| | (4) | After subsection (8) insert— |
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| | “(8A) | Regulations under section (Transfer of EHC plans) of the Children |
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| | and Families Act 2013 (transfer of EHC plans) may make such |
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| | provision as appears to the Secretary of State to be necessary or |
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| | expedient in connection with subsections (1) to (7) of this section.” |
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| | (5) | In subsection (9), in paragraph (a) of the definition of “the responsible |
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| | authority”, after “1996” insert “or (as the case may be) Part 3 of the Children |
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| | |
| | Value Added Tax Act 1994 (c. 23) |
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| | 61C(1) | In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods and |
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| | services the supply of which is exempt from VAT), group 6 (education) is |
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| | (a) | after paragraph (b) insert— |
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| | “(ba) | aged 19 or over and for whom an EHC plan is |
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| | (b) | in paragraph (d), after “paragraph” insert “(ba) or”. |
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| | (3) | in note (5B), after “item (5B),” insert ““EHC plan” and” and for “has the same |
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| | meaning” substitute “have the same meanings”. |
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| | School Standards and Framework Act 1998 (c. 31) |
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| | 61D | The School Standards and Framework Act 1998 is amended as follows. |
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| | 61E(1) | Section 98 (admission for nursery education or to nursery or special school: |
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| | children with statements of special educational needs) is amended as follows. |
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| | (2) | In subsection (7) after “for whom” insert “EHC plans are maintained under |
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| | section 37 of the Children and Families Act 2013 or” |
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| | (3) | In the title after “special education needs” insert “or EHC plans”. |
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| | 61F(1) | Section 123 (nursery education: children with special educational needs) is |
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| | (2) | In subsection (1), for the words from “(except” to the end substitute “to have |
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| | regard to the provisions of the code of practice issued under section 66 of the |
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| | Children and Families Act 2013 (in the case of education in England) or |
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| | section 313(2) of the Education Act 1996 (in the case of education in Wales).” |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | Subsection (1) does not apply in so far as the person in question is |
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| | already under a duty to have regard to the provisions of the code of |
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| | (a) | for “That code of practice” substitute “The code of practice in |
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| | (b) | after “functions under” insert “Part 3 of the Children and Families Act |
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| | 2013 or (as the case may be)”. |
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| | (a) | for “that code of practice” substitute “the code of practice in question”, |
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| | (b) | after “functions under” insert “Part 3 of the Children and Families Act |
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| | 2013 or (as the case may be)”. |
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| | (6) | In subsection (3A)(b) after “no” insert “EHC plan or”. |
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| | 61G | In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary |
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| | and foundation special schools in England), in paragraph A23(9), in paragraph |
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| | (d) of the definition of “children’s services”— |
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| | (a) | after “learning difficulty” insert “or disability”, and |
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| | |
| | Learning and Skills Act 2000 (c. 21) |
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| | 61H | The Learning and Skills Act 2000 is amended as follows. |
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| | 61I | In section 35 (conditions imposed by Welsh Ministers on financial resources |
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| | provided by them), in subsection (3)(f) omit “139A or”. |
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| | 61J | In section 41 (discharge by the Welsh Ministers of certain functions in relation |
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| | to persons with learning difficulties), in subsection (1)(b) omit “139A or”.’. |
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| Schedule 3, page 151, line 8, leave out ‘In the Learning and Skills Act 2000’. |
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| Schedule 3, page 151, line 10, leave out from beginning to end of line 12 and |
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| | ‘63 | In consequence of the repeals made by paragraphs 61I, 61J and 62— |
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| | (a) | omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008; |
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| | (b) | section 80 of the Education and Skills Act 2008 is repealed. |
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| | Education Act 2002 (c. 32) |
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| | 64 | The Education Act 2002 is amended as follows. |
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| | 65 | In section 92 (pupils with statements of special educational needs: application |
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| | of National Curriculum for England)— |
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| | (a) | for the words from “a statement” to “special educational needs” |
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| | substitute “an EHC plan maintained for the pupil”, |
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| | (b) | for “the statement” substitute “the plan”, and |
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| | (c) | in the heading for “statements of special educational needs” substitute |
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| | |
| | 66 (1) | Section 94 (information concerning directions under section 93) is amended as |
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| | (2) | In subsection (3), for the words from “by virtue of” to the end substitute “and |
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| | the responsible authority ought to be required to secure an EHC needs |
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| | assessment for the pupil under section 36 of the Children and Families Act |
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| | 2013 (or, if an EHC plan is maintained for the pupil, a re-assessment under |
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| | section 44 of that Act).” |
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| | (3) | In subsection (5), for the words from “consider” to the end substitute “make a |
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| | determination in respect of the pupil under section 36(3) of the Children and |
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| | Families Act 2013 (or, if an EHC plan is maintained for the pupil, under that |
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| | section as it applies to re-assessments by virtue of regulations under section 44 |
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