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Children and Families Bill (HC Bill 5)

Children and Families BillPage 140

respect to a child is in force” substitute “named in a child arrangements
order as a person with whom a child is to live”.

(3) In subsection (1)(h) (no income tax on payments under paragraph 15 of
Schedule 1 to the 1989 Act made to person with whom child is living, or is to
5live, as a result of a residence order) for “in whose favour residence order is
in force” substitute “with whom child is living, or is to live, as a result of a
child arrangements order”.

(4) In subsection (1)(i) (no income tax on other payments under maintenance
agreements or under orders under Schedule 1 to the 1989 Act) for “in whose
10favour a residence order with respect to the child is in force” substitute
“named in a child arrangements order as a person with whom the child is to
live”.

(5) For subsection (2)(c) (payment not exempt from tax if made to a person in
whose favour a residence order is in force where that order is also in favour
15of an excluded relative) substitute—

(c) it is made to a person (“P”) named in a child arrangements
order as a person with whom the child is to live and an
excluded relative who lives in the same household as P is also
named in that order as a person with whom the child is to
20live.

(6) In subsection (3) (interpretation) for ““residence” substitute ““child
arrangements”.

69 In section 806(5) (persons who are not foster carers for purposes of Chapter
2 of Part 7) after paragraph (b) insert—

(ba) 25where the child is in care and there was a child arrangements
order in force with respect to the child immediately before
the care order was made, a person named in the child
arrangements order as a person with whom the child was to
live,

(bb) 30(in Scotland) where the child is in care and there was a child
arrangements order in force with respect to the child
immediately before the child was placed in care, a person
named in the child arrangements order as a person with
whom the child was to live, spend time or otherwise have
35contact,.

Section 71

SCHEDULE 3 Special educational needs: consequential amendments

Part 1 Amendments to the Education Act 1996

1 40The Education Act 1996 is amended as follows.

2 (1) Section 6 (nursery schools and special schools) is amended as follows.

(2) Omit subsection (2).

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(3) In the title, omit “and special schools”.

3 (1) Section 13 (general responsibility for education) is amended as follows.

(2) In subsection (3)(b) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

(3) 5Omit subsections (4) and (5).

4 In section 13A (duty to promote high standards and fulfilment of potential),
in subsection (2)(b) for “but under 25 who are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

5 (1) Section 15ZA (duty in respect of education and training for persons over
10compulsory school age: England) is amended as follows.

(2) In subsection (1) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

(3) In subsection (3)(b) after “learning difficulties” insert “or disabilities”.

(4) In subsections (6) and (7) after “learning difficulty” insert “or disability”.

(5) 15For subsection (9) substitute—

(9) The duty in subsection (1) does not apply in relation to persons in a
local authority’s area who are subject to a detention order.

6 In section 15A (powers in respect of education and training for 16 to 18 year
olds), in subsection (3) for the words from “a local authority” to the end
20substitute

(a) a local authority in England must in particular have regard to
the needs of persons with learning difficulties or disabilities
(within the meaning of section 15ZA(6) and (7));

(b) a local authority in Wales must in particular have regard to
25the needs of persons with learning difficulties (within the
meaning of section 41(5) and (6) of the Learning and Skills
Act 2000).

7 In section 15B (functions in respect of education for persons aged over 19),
in subsection (3) for the words from “a local authority” to the end substitute
30“—

(a) a local authority in England must in particular have regard to
the needs of persons with learning difficulties or disabilities
(within the meaning of section 15ZA(6) and (7));

(b) a local authority in Wales must in particular have regard to
35the needs of persons with learning difficulties (within the
meaning of section 41(5) and (6) of the Learning and Skills
Act 2000).

8 In section 18A (provision of education for persons subject to youth
detention), in subsection (2)—

(a) 40in paragraph (b) omit “or learning difficulties (within the meaning of
section 15ZA(6) and (7))”, and

(b) after that paragraph insert—

(ba) in the case of a local authority in England, any
learning difficulties or disabilities (within the

Children and Families BillPage 142

meaning of section 15ZA(6) and (7)) the persons may
have;

(bb) in the case of a local authority in Wales, any learning
difficulties (within the meaning of section 41(5) and
5(6) of the Learning and Skills Act 2000) the persons
may have;.

9 In the title of Chapter 1 of Part 4 (children with special educational needs)
after “children” insert “in Wales”.

10 Before section 312 (meaning of special educational needs etc) insert—

311A 10 Application of this Chapter: children in Wales

This Chapter applies only in relation to children in the area of a local
authority in Wales.

11 (1) Section 312 (meaning of “special educational needs” and “special
educational provision” etc) is amended as follows.

(2) 15In subsections (1) and (2), after “child” insert “in the area of a local authority
in Wales”.

(3) In subsection (3A)—

(a) in paragraph (a)—

(i) omit “15ZA”, and

(ii) 20for “, 15B and 507B” substitute “and 15B”, and

(b) in paragraph (b), before “determining” substitute “a local authority
in Wales”.

(4) In subsection (4), after ““special educational provision”” insert “, in relation
to a child in the area of a local authority in Wales,”.

12 (1) 25Section 313 (code of practice) is amended as follows.

(2) In subsections (1) and (4) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (5)—

(a) after “means” insert “the Special Educational Needs Tribunal for
30Wales.”, and

(b) omit paragraphs (a) and (b).

13 (1) Section 314 (making and approval of code) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State proposes” substitute “Welsh Ministers
35propose”, and

(b) for “he” substitute “they”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “he thinks” substitute “they think”, and

(c) 40for “them” substitute “those persons”.

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(4) For subsection (3) substitute—

(3) If the Welsh Ministers determine to proceed with the draft (either in
its original form or with such modifications as they think fit) they
shall lay it before the National Assembly for Wales.

(5) 5In subsection (4)—

(a) for “each house, the Secretary of State” substitute “the National
Assembly for Wales, the Welsh Ministers”, and

(b) for “the Secretary of State may” substitute “the Welsh Ministers
may”.

14 (1) 10Section 316A (education otherwise than in mainstream schools) is amended
as follows.

(2) In subsection (2)—

(a) in paragraph (a), for sub-paragraph (ii) substitute—

(bb) in paragraph (c), for sub-paragraph (ii) substitute—

(3) 15In subsection (8)—

(a) after “issued” insert “by the Welsh Ministers”, and

(b) omit paragraphs (a) and (b).

(4) In subsection (10)—

(a) omit “, in relation to Wales,”, and

(b) 20for “National Assembly for Wales” substitute “Welsh Ministers”.

15 In section 317 (duties of governing body or local authority in relation to
pupils with special educational needs), in subsection (5)—

(a) after “foundation special school shall” insert “include special needs
information in the report prepared under section 30(1) of the
25Education Act 2002 (governors’ report).”, and

(b) omit paragraphs (a) and (b).

16 (1) Section 318 (provision of goods and services in connection with special
educational needs) is amended as follows.

(2) Omit subsections (3) and (3A).

(3) 30In subsection (3B) omit “in Wales” (in the first place it occurs).

(4) In consequence of the repeal made by sub-paragraph (2)—

(a) in Schedule 30 to the School Standards and Framework Act 1998
omit paragraph 75(4),

(b) in the Education Act 2002, in section 194 omit subsection (2)(a), and

(c) 35in Schedule 2 to the Childcare Act 2006, omit paragraph 21.

17 In section 326 (appeal against contents of statement), in subsection (4)(c) for
the words from “in the case” to “in the proceedings” substitute “in the
proceedings the child has proposed the school”.

18 (1) Section 326A (unopposed appeals) is amended as follows.

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(2) In subsection (1), for paragraph (a) substitute—

(a) the parent of a child, or a child, has appealed to the Tribunal
under section 325, 328, 329 or 329A or paragraph 8(3) of
Schedule 27 against a decision of a local authority, and.

(3) 5In subsection (6)—

(a) after “regulations made” insert “by the Welsh Ministers”, and

(b) omit paragraphs (a) and (b).

19 (1) Section 328A (appeal against determination of local authority in England not
to amend statement following review) is repealed.

(2) 10In consequence of the repeal made by sub-paragraph (1), section 2 of the
Children, Schools and Families Act 2010 is repealed.

20 (1) Section 329A (review or assessment of educational needs at request of
responsible body) is amended as follows.

(2) In subsection (14)—

(a) 15after ““Relevant early years education”” insert “has the same
meaning as it has (in relation to Wales) in section 123 of the School
Standards and Framework Act 1998 except that it does not include
early years education provided by a local authority at a maintained
nursery school.”, and

(b) 20omit paragraphs (a) and (b).

(3) In subsection (15)—

(a) omit “, in relation to Wales,”, and

(b) for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In consequence of the amendments made by sub-paragraph (2), in
25paragraph 22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph
(4).

(5) Until the coming into force in relation to Wales of the amendments made by
paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A
of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph
30(2)) there were substituted—

(14) Relevant nursery education” has the same meaning as in section 123
of the School Standards and Framework Act 1998, except that it does
not include nursery education provided by a local authority at a
maintained nursery school.

21 (1) 35Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended
as follows.

(2) In subsection (1) omit “Welsh”.

(3) In the title omit “Welsh”.

22 In section 332ZB (notice and service of documents on a child in relation to an
40appeal by the child), in subsection (1) omit “in Wales”.

23 (1) Section 332ZC (case friends—Wales) is amended as follows.

(2) In subsection (1), in paragraph (a) omit “in Wales”.

(3) In subsection (3), in paragraph (a) omit “Welsh”.

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(4) In the title, omit “—Wales”.

24 (1) Section 332A (advice and information for parents—England) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), section 2 of the
Special Educational Needs and Disability Act 2001 is repealed.

(3) 5The repeals made by sub-paragraphs (1) and (2) do not affect the application
for the time being of section 332A to certain local authorities in Wales by
virtue of article 4(a) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
320).

25 (1) 10Section 332AA (advice and information— Wales) is amended as follows.

(2) In subsection (1) omit “in Wales”.

(3) In the title, omit “— Wales”.

26 (1) Section 332B (resolution of disputes—England) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), section 3 of the
15Special Educational Needs and Disability Act 2001 is repealed.

(3) The repeals made by sub-paragraphs (1) and (2) do not affect the application
for the time being of section 332B to certain local authorities in Wales by
virtue of article 4(b) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
20320).

27 (1) Section 332BA (resolution of disputes—Wales) is amended as follows.

(2) In subsections (1) and (2) omit “in Wales”.

(3) In the title, omit “—Wales”.

28 (1) Section 332BB (independent advocacy services—Wales) is amended as
25follows.

(2) In subsections (1) and (5) omit “in Wales”.

(3) In the title, omit “—Wales”.

29 (1) Sections 332C to 332E (information about children in England with special
educational needs) are repealed, and the cross-heading which precedes
30section 332C is omitted.

(2) In consequence of the repeals made by sub-paragraph (1), section 1 of the
Special Educational Needs (Information) Act 2008 is repealed.

30 In the cross-heading which precedes section 333 (Special Educational Needs
Tribunal) after “Tribunal” insert “for Wales”.

31 (1) 35Section 333 (constitution of Welsh Tribunal) is amended as follows.

(2) Omit subsection (1ZB).

(3) In the following provisions, omit “Welsh”—

(a) subsection (1),

(b) in subsection (2), paragraphs (a), (b) and (c),

(c) 40in subsection (5), paragraph (a), and paragraph (b) (in the first place
it occurs), and

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(d) subsection (6) (in the second place it occurs).

(4) In the title, omit “Welsh”.

32 In section 335 (remuneration and expenses), in subsection (1) and (2) omit
“Welsh” (in each case, in the second place it occurs).

33 (1) 5Section 336 (Tribunal procedure) is amended as follows.

(2) In the following provisions omit “Welsh”—

(a) subsection (1) (in the second place it occurs),

(b) in subsection (2), paragraphs (b), (o) and (p),

(c) subsection (2A),

(d) 10subsection (3) (in the second place it occurs), and

(e) subsection (4) (in the first place it occurs).

(2) Omit subsection (5A).

(3) In subsection (6) omit “or (5A)”.

34 (1) Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is
15amended as follows.

(2) In the following provisions, omit “Welsh”—

(a) subsection (1) (in both places it occurs),

(b) subsection (2), and

(c) subsection (3).

(3) 20In the title, omit “Welsh”.

35 In section 336A (compliance with orders), in subsection (2)—

(a) after “made” insert “by the Welsh Ministers with the agreement of
the Secretary of State.”, and

(b) omit paragraphs (a) and (b).

36 25For section 337 (special schools) substitute—

337 Special schools

A school is a special school if it is specially organised to make special
educational provision for pupils with special educational needs, and
it is—

(a) 30maintained by a local authority,

(b) an Academy school, or

(c) a non-maintained special school.

37 In section 342 (approval of non-maintained special schools), in subsection
(1)(b) after “community or foundation special school” insert “or an Academy
35school”.

38 (1) Section 348 (provision of special education at non-maintained schools) is
amended as follows.

(2) In subsection (1) after paragraph (a) (and before the “and” which follows it)
insert—

(aa) 40the child is in the area of a local authority in Wales,.

(3) In the title, at the end insert “—Wales”.

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39 (1) Section 438 (choice of school: child without statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
5in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In the title, after “without” insert “EHC plan or”.

40 (1) Section 440 (amendment of order at request of parent: child without
statement of special educational needs) is amended as follows.

(2) 10In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In the title, after “without” insert “EHC plan or”.

41 (1) 15Section 441 (choice of school: child with statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) 20after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In subsection (2) after “Where the” insert “EHC plan or”.

(4) In subsection (3)—

(a) after “Where the” insert “EHC plan or”, and

(b) after “amend the” insert “EHC plan or”.

(5) 25After subsection (3A) insert—

(3B) An amendment to an EHC plan required to be made under
subsection (3)(a) shall be treated as if it were an amendment made
following a review under section 44 of the Children and Families Act
2013, and that section and regulations made under it apply
30accordingly.

(6) In subsection (4)—

(a) in paragraph (a) after “maintain” insert “an EHC plan or”, and

(b) in paragraph (b) after “specified in the” insert “plan or”.

(7) In the title, after “with” insert “EHC plan or”.

42 35In section 442 (revocation of order at request of parent), in subsection (5)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”,

(b) after “section 324” insert “(in the case of a local authority in Wales)”,

(c) in paragraph (a) after “specified in” insert “the EHC plan or”, and

(d) 40in paragraph (b) after “in the” insert “plan or the”.

43 In section 463 (meaning of “independent school”)—

(a) in subsection (1)(b), after “for whom” insert “an EHC plan is
maintained or for whom”, and

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(b) in subsection (1), for “or a special school not so maintained”
substitute “non-maintained special school”.

44 (1) Section 483A (city colleges and academies: special educational needs) is
amended as follows.

(2) 5In subsection (2), in paragraph (a) for “a statement is maintained under
section 324” substitute “an EHC plan or a statement under section 324 is
maintained”.

(3) In subsection (3), in paragraph (a) for “the statement” substitute “the EHC
plan”.

(4) 10In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the
plan or”.

45 In section 507B (local authorities in England: functions in respect of leisure-
time activities etc for persons aged 13 to 19 and certain persons aged 20 to
24), in subsection (2)(b) after “learning difficulty” insert “or disability”.

46 15In section 508F (local authorities in England: provision of transport etc for
adult learners), in subsection (9) in the definition of “relevant young adult”
for “who is aged under 25 and is subject to learning difficulty assessment”
substitute “for whom an EHC plan is maintained”.

47 In the title of section 508I (complaints about transport arrangements etc for
20young adults subject to learning difficulty assessment: England), for “adults
subject to learning difficulty assessment” substitute “adult for whom EHC
plan is maintained”.

48 (1) Section 509AB (local authorities in England: further provision about
transport policy statements for persons of sixth form age) is amended as
25follows.

(2) In subsection (1) after “difficulties” insert “or disabilities”.

(3) In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or
disabilities”.

49 In section 509AC (interpretation of sections 509AA and 509AB), in
30subsection (4) after “learning difficulties” insert “or disabilities”.

50 (1) Section 514A (provision of boarding accommodation for persons subject to
learning difficulty assessment) is amended as follows.

(2) In subsection (1)—

(a) after “who is” insert “over compulsory school age and for whom an
35EHC plan is maintained.”, and

(b) omit paragraphs (a) and (b).

(3) In the title, for “persons subject to learning difficulty assessment” substitute
“person for whom an EHC plan is maintained”.

51 In section 517 (payment of fees at schools not maintained by a local
40authority), in subsection (1), for “or Part IV (special educational needs)”
substitute “, Part 4 (special educational needs) or Part 3 of the Children and
Families Act 2013 (children and young people in England with special
educational needs)”.

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52 (1) Section 532A (direct payments: persons with special educational needs or
subject to learning difficulty assessment) is amended as follows.

(2) In subsection (1)—

(a) after “(“the beneficiary”)” insert “for whom the authority maintain
5an EHC plan.”, and

(b) omit paragraphs (a) and (b).

(3)
In subsection (2)—

(a) for paragraph (a) substitute—

(a) special educational provision specified in the EHC
10plan;, and

(b) omit paragraph (b).

(4) In the title, omit “or subject to learning difficulty assessment”.

53 In section 532B (direct payments: pilot schemes), in subsection (9) for
paragraph (a) substitute—

(a) 15section 42(2) of the Children and Families Act 2013 (duty to
secure special educational provision in accordance with EHC
plan);.

54 In section 560A (work experience for persons over compulsory school age),
in subsection (1)(b) for “but under 25 and are subject to learning difficulty
20assessment” substitute “and for whom an EHC plan is maintained”.

55 (1) Section 562C (detained persons with special educational needs) is amended
as follows.

(2) In subsection (1) after “local authority” insert “in England were maintaining
an EHC plan for a detained person, or a local authority in Wales”.

(3) 25In subsection (2) after “must” insert “maintain the plan or”.

(4) In subsection (4), in paragraph (a) after “specified in” insert “the plan or”.

56 (1) Section 562G (information to be provided where statement of special
educational needs previously maintained) is amended as follows.

(2) In subsection (1) after “local authority” insert “in England were maintaining
30an EHC plan for the person, or a local authority in Wales”.

(3) In subsection (3)—

(a) after “maintaining” insert “the plan or”, and

(b) after “copy of” insert “the plan or”.

(4) In subsection (4) for “a statement for the person under section 324,”
35substitute “an EHC plan or a statement under section 324 for the person,”.

(5) In subsection (5)—

(a) after “maintaining” insert “the plan or”, and

(b) after “copy of” insert “the plan or”.

(6) In subsection (7), in paragraph (b) after “maintaining” insert “the EHC plan
40or”.

(7) In subsection (8)—

(a) after “maintaining” insert “the plan or”, and