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Children and Families Bill (HC Bill 5)

Children and Families BillPage 110

(b) being a person entitled to time off under section 57ZG, the
agency worker exercised (or proposed to exercise) that right,

(c) being a person entitled to—

(i) time off under section 57ZN, and

(ii) 5remuneration under section 57ZO in respect of that time
off,

the agency worker exercised (or proposed to exercise) that right
or received (or sought to receive) that remuneration, or

(d) being a person entitled to time off under section 57ZP, the
10agency worker exercised (or proposed to exercise) that right.

(6) Subsection (5) does not apply where the agency worker is an employee.

(7) In this section the following have the same meaning as in the Agency
Workers Regulations 2010 (S.I. 2010/93S.I. 2010/93)—

  • “agency worker”;

  • 15“hirer”;

  • “temporary work agency”.

(2) In section 48 of that Act (complaints to employment tribunals)—

(a) in subsection (1), for “47C” there is substituted “47C(1)”;

(b) after subsection (1A) there is inserted—

(1AA) 20An agency worker may present a complaint to an employment
tribunal that the agency worker has been subjected to a
detriment in contravention of section 47C(5) by the temporary
work agency or the hirer.;

(c) in subsection (2), for “such a complaint” there is substituted “a
25complaint under subsection (1), (1ZA), (1A) or (1B)”;

(d) after subsection (2) there is inserted—

(2A) On a complaint under subsection (1AA) it is for the temporary
work agency or (as the case may be) the hirer to show the
ground on which any act, or deliberate failure to act, was
30done.;

(e) in subsection (4), after “an employer” there is inserted “, a temporary
work agency or a hirer”;

(f) after subsection (5) there is inserted—

(6) In this section and section 49 the following have the same
35meaning as in the Agency Workers Regulations 2010 (S.I. 2010/
93)—

  • “agency worker”;

  • “hirer”;

  • “temporary work agency”.

(3) 40In section 49 of that Act (remedies in the case of complaints to an employment
tribunal)—

(a) in subsection (1), for “under section 48” there is substituted “under
section 48(1), (1ZA), (1A) or (1B)”;

(b) after subsection (1), there is inserted—

(1A) 45Where an employment tribunal finds a complaint under section
48(1AA) well-founded, the tribunal—

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(a) shall make a declaration to that effect, and

(b) may make an award of compensation to be paid by the
temporary work agency or (as the case may be) the hirer
to the complainant in respect of the act or failure to act
5to which the complaint relates.

100 Time off work for ante-natal care: increased amount of award

(1) In section 57 of the Employment Rights Act 1996 (complaints to employment
tribunals where time off work for ante-natal care refused to employee), in
subsection (4) (amount of award for unreasonable refusal), for “an amount
10equal to” there is substituted “an amount that is twice the amount of”.

(2) In section 57ZC of the Employment Rights Act 1996 (complaints to
employment tribunals where time off work for ante-natal care refused to
agency worker), in subsection (5) (amount of award for unreasonable refusal),
for “an amount equal to” there is substituted “an amount that is twice the
15amount of”.

Part 8 Right to request flexible working

101 Removal of requirement to be a carer

(1) In section 80F(1) of the Employment Rights Act 1996 (conditions for exercising
20right to request flexible working), paragraph (b) (condition that employee’s
purpose be to enable caring for a child or adult) is repealed.

(2) Section 80F is further amended as follows—

(a) in subsection (1), the “and” following paragraph (a) is repealed;

(b) in subsection (2), after paragraph (b) there is inserted “and”;

(c) 25in subsection (2), paragraph (d) and the “and” preceding it are repealed;

(d) subsection (10) is repealed.

102 Dealing with applications

(1) Section 80G of the Employment Rights Act 1996 (employer’s duties in relation
to an application for flexible working) is amended as follows.

(2) 30In subsection (1), for paragraph (a) (requirement to deal with application in
accordance with regulations) there is substituted—

(a) shall deal with the application in a reasonable manner,

(aa) shall notify the employee of the decision on the application
within the decision period, and.

(3) 35After subsection (1) there is inserted—

(1A) If an employer allows an employee to appeal a decision to reject an
application, the reference in subsection (1)(aa) to the decision on the
application is a reference to—

(a) the decision on the appeal, or

(b) 40if more than one appeal is allowed, the decision on the final
appeal.

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(1B) For the purposes of subsection (1)(aa) the decision period applicable to
an employee’s application under section 80F is—

(a) the period of three months beginning with the date on which
the application is made, or

(b) 5such longer period as may be agreed by the employer and the
employee.

(1C) An agreement to extend the decision period in a particular case may be
made—

(a) before it ends, or

(b) 10with retrospective effect, before the end of a period of three
months beginning with the day after that on which the decision
period that is being extended came to an end.

(4) After subsection (1C) (as inserted by subsection (3)) there is inserted—

(1D) An application under section 80F is to be treated as having been
15withdrawn by the employee if—

(a) the employee without good reason has failed to attend both the
first meeting arranged by the employer to discuss the
application and the next meeting arranged for that purpose, or

(b) where the employer allows the employee to appeal a decision to
20reject an application or to make a further appeal, the employee
without good reason has failed to attend both the first meeting
arranged by the employer to discuss the appeal and the next
meeting arranged for that purpose,

and the employer has notified the employee that the employer has
25decided to treat that conduct of the employee as a withdrawal of the
application.

(5) In the Employment Rights Act 1996, the following are repealed—

(a) section 47E(1)(b);

(b) section 80G(2) to (4);

(c) 30section 80H(4);

(d) in section 80I(4), the words “, and the regulations under that section,”;

(e) section 104C(1)(b).

103 Complaints to employment tribunals

(1) Section 80H of the Employment Rights Act 1996 (complaints to employment
35tribunals) is amended as follows.

(2) In subsection (1) (grounds of complaint)—

(a) the “or” after paragraph (a) is repealed;

(b) after paragraph (b) there is inserted “, or

(c) that the employer’s notification under section 80G(1D)
40was given in circumstances that did not satisfy one of
the requirements in section 80G(1D)(a) and (b).

(3) In subsection (2) (no complaints under section 80H in respect of an application
disposed of by agreement or withdrawn), for “under this section” there is
substituted “under subsection (1)(a) or (b)”.

(4) 45For subsection (3) (no complaints to be made until the employer rejects an
application on appeal or contravenes specified regulations under section

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80G(1)(a)) there is substituted—

(3) In the case of an application which has not been disposed of by
agreement or withdrawn, no complaint under subsection (1)(a) or (b)
may be made until—

(a) 5the employer notifies the employee of the employer’s decision
on the application, or

(b) if the decision period applicable to the application (see section
80G(1B)) comes to an end without the employer notifying the
employee of the employer’s decision on the application, the end
10of the decision period.

(3A) If an employer allows an employee to appeal a decision to reject an
application, a reference in other subsections of this section to the
decision on the application is a reference to the decision on the appeal
or, if more than one appeal is allowed, the decision on the final appeal.

(3B) 15If an agreement to extend the decision period is made as described in
section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a
complaint until the end of the extended period.

(5) After subsection (3B) (inserted by subsection (4)) there is inserted—

(3C) A complaint under subsection (1)(c) may be made as soon as the
20notification under section 80G(1D) complained of is given to the
employee.

(6) In subsection (6) (meaning of the relevant date), from “relevant date” to the end
there is substituted “relevant date is a reference to the first date on which the
employee may make a complaint under subsection (1)(a), (b) or (c), as the case
25may be.”

104 Review of sections 101 to 103

(1) The Secretary of State must from time to time—

(a) carry out a review of sections 101 to 103,

(b) set out the conclusions of the review in a report, and

(c) 30publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the amendments of the
Employment Rights Act 1996 made by sections 101 to 103,

(b) assess the extent to which those objectives are achieved, and

(c) 35assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved in a way that imposes less
regulation.

(3) The first report to be published under this section must be published before the
end of the period of seven years beginning with the day on which sections 101
40to 103 come into force.

(4) Reports under this section are afterwards to be published at intervals not
exceeding seven years.

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Part 9 General provisions

105 Orders and regulations

(1) A power to make an order or regulations under this Act is exercisable by
5statutory instrument.

(2) A power to make an order or regulations under this Act includes power—

(a) to make different provision for different purposes (including different
areas);

(b) to make provision generally or in relation to specific cases.

(3) 10A power to make an order or regulations under this Act (except a power
conferred by section 67(5), 107 or 109) includes power to make incidental,
supplementary, consequential, transitional or transitory provision or savings.

(4) Subject to subsection (5), a statutory instrument that contains an order or
regulations made under this Act by the Secretary of State or the Lord
15Chancellor is subject to annulment in pursuance of a resolution of either House
of Parliament.

(5) Subsection (4) does not apply to—

(a) a statutory instrument containing an order under section 67(5), 107 or
109, or

(b) 20a statutory instrument to which subsection (6) applies.

(6) A statutory instrument containing (whether alone or with other provision) an
order under section 54(1) or 106(1) which amends, repeals or revokes any
provision of primary legislation is not to be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
25of Parliament.

(7) “Primary legislation” means—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly for Wales.

106 Consequential amendments, repeals and revocations

(1) 30The Secretary of State or the Lord Chancellor may by order make provision in
consequence of any provision of this Act.

(2) The power conferred by subsection (1) includes power to amend, repeal,
revoke or otherwise modify any provision made by or under an enactment
(including any enactment passed or made in the same Session as this Act).

(3) 35“Enactment” includes a Measure or Act of the National Assembly for Wales.

107 Transitional, transitory or saving provision

The Secretary of State or the Lord Chancellor may by order make transitional,
transitory or saving provision in connection with the coming into force of any
provision of this Act.

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108 Financial provision

(1) There is to be paid out of money provided by Parliament—

(a) any expenses incurred by a Minister of the Crown or a government
department under this Act, and

(b) 5any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

(2) There is to be paid into the Consolidated Fund any increase attributable to this
Act in the sums payable into that Fund under any other Act.

109 Commencement

(1) 10This Part comes into force on the day on which this Act is passed.

(2) Sections 10, 13 and 17 come into force on such day as the Lord Chancellor
appoints by order.

(3) Section 18 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(4) 15The remaining provisions of this Act come into force on such day as the
Secretary of State appoints by order.

(5) An order under subsection (2) or (4) may appoint different days for different
purposes.

110 Short title and extent

(1) 20This Act may be cited as the Children and Families Act 2013.

(2) Part 3 of this Act (children and young people in England with special
educational needs) is to be included in the list of Education Acts set out in
section 578 of the Education Act 1996.

(3) This Act extends to England and Wales only, subject to the following
25subsections.

(4) Sections 96(2) to (4) and 104 extend to England and Wales and Scotland.

(5) Section 96(3) and (4), so far as relating to paragraphs 5, 55 to 61 and 63 of
Schedule 7, extends to Northern Ireland.

(6) This Part extends to the whole of the United Kingdom.

(7) 30An amendment or repeal made by this Act has the same extent as the provision
to which it relates (ignoring extent by virtue of an Order in Council).

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SCHEDULES

Section 6

SCHEDULE 1 The Adoption and Children Act Register

1 The Adoption and Children Act 2002 is amended as follows.

2 (1) 5Section 125 (Adoption and Children Act Register) is amended as follows.

(2) In subsection (1) for “Her Majesty may by Order in Council make provision
for the Secretary of State to” substitute “The Secretary of State may”.

(3) After subsection (1) insert—

(1A) Regulations may provide that the register may contain—

(a) 10prescribed information about children who a Welsh, Scottish
or Northern Irish adoption agency is satisfied are suitable for
adoption,

(b) prescribed information about prospective adopters who a
Welsh, Scottish or Northern Irish adoption agency is satisfied
15are suitable to adopt a child,

(c) prescribed information about persons included in the register
in pursuance of paragraph (a) or (b) in respect of things
occurring after their inclusion.

(4) In subsection (2) for “an Order under this section” substitute “regulations”.

(5) 20In subsection (4) for “An Order under this section” substitute “Regulations”.

3 (1) Section 126 (use of an organisation to establish the register) is amended as
follows.

(2) In subsection (1) omit “under an Order under section 125”.

(3) In subsection (3) omit “(or general application in any part of Great Britain)”.

(4) 25Omit subsection (4).

4 (1) Section 127 (use of an organisation as agency for payments) is amended as
follows.

(2) In subsection (1) for “An Order under section 125” substitute “Regulations”.

(3) In subsection (2) omit “(or general application in any part of Great Britain)”.

(4) 30Omit subsection (3).

5 (1) Section 128 (supply of information for the register) is amended as follows.

(2) In subsection (1) for “An Order under section 125” substitute “Regulations”.

(3) In subsection (2) for “the Order” substitute “regulations”.

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(4) In subsection (3) for “An Order under section 125” substitute “Regulations”.

6 (1) Section 129 (disclosure of information) is amended as follows.

(2) In subsection (1) for “or (3)” substitute “, (2A) or (3) or section 128A”.

(3) After subsection (2) insert—

(2A) 5Regulations may provide that the Secretary of State or the
registration organisation may disclose prescribed information
entered in the register—

(a) to Welsh, Scottish or Northern Irish adoption agencies, or

(b) for the purpose of enabling the information to be entered in a
10register which is maintained in respect of Wales, Scotland or
Northern Ireland and which contains information about
children who are suitable for adoption.

(4) In subsection (4), for “An Order under section 125” substitute “Regulations”.

(5) In subsection (5) omit paragraph (b) (and the “or” which precedes it).

(6) 15In subsection (6) after “(2)” insert “, (2A)”.

(7) In subsection (7)—

(a) for “An Order under section 125” substitute “Regulations”,

(b) after paragraph (a), (and before the “or” which follows it) insert—

(aa) by a prescribed Welsh, Scottish or Northern Irish
20adoption agency in respect of information disclosed
under subsection (2A)(a),, and

(c) in paragraph (b) after “subsection” insert “(2A)(b) or”.

7 Section 130 (territorial application) is repealed.

8 (1) Section 131 (supplementary) is amended as follows.

(2) 25In subsection (1)—

(a) before paragraph (a) insert—

(za) adoption agency” means—

(i) a local authority in England,

(ii) a registered adoption society whose principal
30office is in England,,

(b) in paragraph (b) for “an Order under section 125” substitute
“regulations”,

(c) after paragraph (c) insert—

(ca) Welsh adoption agency” means—

(i) 35a local authority in Wales,

(ii) a registered adoption society whose principal
office is in Wales., and

(d) omit paragraphs (d) and (e).

(3) In subsection (2) after “sections” insert “(except sections 125(1A) and
40129(2A))”.

(4) After subsection (2) insert—

(2A) For the purposes of sections 125(1A) and 129(2A)—

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(a) a child is suitable for adoption if a Welsh, Scottish or
Northern Irish adoption agency is satisfied that the child
ought to be placed for adoption,

(b) prospective adopters are suitable to adopt a child if a Welsh,
5Scottish or Northern Irish adoption agency is satisfied that
they are suitable to have a child placed with them for
adoption.

(5) Omit subsections (4) to (7).

9 In section 142 (supplementary and consequential provision), in subsection
10(4) omit the words from “or of Her Majesty” to the end.

10 In section 144 (general interpretation etc), in subsection (2)—

(a) omit “Order in Council or”, and

(b) in paragraph (b) omit “Order or, as the case may be,”.

11 (1) Sections 125 to 131 cease to have effect in relation to Scotland.

(2) 15Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).

Section 12

SCHEDULE 2 Child arrangements orders: amendments

Part 1 Amendments of the Children Act 1989

1 20The Children Act 1989 is amended as follows.

2 (1) Section 5 (appointment of guardians) is amended as follows.

(2) In subsection (1)(b) (application to court for appointment of guardian may
be made following death of person with whom child was to live) for
“residence order has been made with respect to the child in favour of a
25parent, guardian or special guardian of his who” substitute “parent,
guardian or special guardian of the child’s was named in a child
arrangements order as a person with whom the child was to live and”.

(3) In subsection (7)(b) (when non-court appointment of guardian under
subsection (3) or (4) takes effect) for “residence order in his favour was in
30force with respect to the child or he” substitute “child arrangements order
was in force in which the person was named as a person with whom the
child was to live or the person”.

(4) In subsection (9)—

(a) for “residence” substitute “child arrangements”,

(b) 35for “was also made in favour of” substitute “also named”, and

(c) after “child” insert “as a person with whom the child was to live”.

3 In the title of section 8 for “Residence, contact” substitute “Child
arrangements orders”.

4 (1) Section 9 (restrictions on making section 8 orders) is amended as follows.

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(2) In subsection (1) (no section 8 order other than a residence order to be made
if child is in care) for “residence order” substitute “child arrangements order
to which subsection (6B) applies”.

(3) In subsection (2) (local authorities cannot obtain residence or contact orders)
5for “residence order or contact” substitute “child arrangements”.

(4) In subsection (5)(a) (specific issue order or prohibited steps order not to be
made where result could be achieved by a residence or contact order) for
“residence or contact” substitute “child arrangements”.

(5) In subsection (6) (section 8 orders other than residence orders are only
10exceptionally to have effect once child is 16) for “specific issue order, contact
order or prohibited steps” substitute “section 8”.

(6) After subsection (6) insert—

(6A) Subsection (6) does not apply to a child arrangements order to which
subsection (6B) applies.

(6B) 15This subsection applies to a child arrangements order if the
arrangements regulated by the order relate only to either or both of
the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.

5 (1) 20Section 10 (power of court to make section 8 orders) is amended as follows.

(2) For subsection (4)(b) (person may apply for section 8 order if residence order
is in force in favour of the person) substitute—

(b) any person who is named, in a child arrangements order that
is in force with respect to the child, as a person with whom
25the child is to live.

(3) In subsection (5) (persons entitled to apply for a residence or contact
order)—

(a) in the words before paragraph (a) for “residence or contact”
substitute “child arrangements”,

(b) 30for paragraph (c)(i) substitute—

(i) in any case where a child arrangements order
in force with respect to the child regulates
arrangements relating to with whom the child
is to live or when the child is to live with any
35person, has the consent of each of the persons
named in the order as a person with whom the
child is to live;, and

(c) after paragraph (c) insert—

(d) any person who has parental responsibility for the
40child by virtue of provision made under section
12(2A).

(4) In each of subsections (5A) and (5B) (foster parent, or relative, may apply for
residence order if child has lived with applicant for at least a year) for
“residence order” substitute “child arrangements order to which subsection
45(5C) applies”.