House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

Report Stage Proceedings: 11 June 2013
128

Children and Families Bill, continued

      (4)
In subsection (6), for “Part 4 of the Education Act 1996” substitute “Part 3 of

the Children and Families Act 2013 (see section 23 of that Act)”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

67  (1)
Section 36 of the Nationality, Immigration and Asylum Act 2002 (education

of children who are residents of accommodation centres) is amended as

follows.

      (2)
In subsection (3)(b), after “named in” insert “an EHC plan maintained for the

child under section 37 of the Children and Families Act 2013 or”.

      (3)
In subsection (5), omit the “and” after paragraph (d) and after paragraph (e)

insert—

“(f)
sections 33 and 34 of the Children and Families Act 2013

(mainstream education for children with special educational

needs), and

(g)
sections 38 and 39 of that Act (EHC plan: request of parent for

named school etc).”

      (4)
After subsection (5) insert—

“(5A)
The powers of the First-tier Tribunal on determining an appeal under

section 50(2)(c) of the Children and Families Act 2013 (appeals

against certain aspects of content of EHC plan) are subject to

subsection (2) above.”

      (5)
In subsection (6), omit “the First-tier Tribunal or”.

      (6)
In subsection (7)—

(a)
after “function under this Act” insert “, Part 3 of the Children and

Families Act 2013”, and

(b)
in paragraph (a), after “special educational provision” insert “called

for by his special educational needs or”.

      (7)
In subsection (9), after paragraph (a) insert—

“(aa)
section 36 of the Children and Families Act 2013 (assessment

of education, health and care needs: England) shall have effect

as if an accommodation centre were a school,”.

Children Act 2004 (c. 31)

68
In section 10(9) of the Children Act 2004 (co-operation arrangements in

respect of children may include arrangements in respect of certain young

people), in paragraph (c)—

(a)
after “but under the age of 25” insert “—

(i)
for whom an EHC plan is maintained, or

(ii)
”, and

(b)
after “learning difficulty” insert “or disability”.

Education and Inspections Act 2006 (c. 40)

69
In section 16 of the Education and Inspections Act 2006 (consultation before

publishing proposals for discontinuance of maintained schools), in subsection

(1)(c), after “maintain” insert “an EHC plan or”.

Education and Skills Act 2008 (c. 25)

70
The Education and Skills Act 2008 is amended as follows.

71
In section 4 (meaning of appropriate full-time education or training)—

Report Stage Proceedings: 11 June 2013
129

Children and Families Bill, continued

(a)
in subsection (1)(b), for “learning difficulty” substitute “special

educational needs”, and

(b)
omit subsection (3).

72
In section 17 (sharing and use of information held for purposes of support

services or functions under Part 1), in subsection (8)(b)—

(a)
for “a learning difficulty” substitute “special educational needs”, and

(b)
omit the words from “and subsections (6) and (7)” to the end.

73
In section 47 (attendance notice: description of education or training)—

(a)
in subsection (5)(b)(ii), for “learning difficulty” substitute “special

educational needs”, and

(b)
omit subsection (6).

74
In section 78(1) (Part 2: supplementary), in the definition of “relevant young

adult”—

(a)
for “a learning difficulty” substitute “special educational needs

(within the meaning given by section 579(1) of the Education Act

1996)”, and

(b)
omit the words from “and subsections (6) and (7)” to the end.

75
In section 132 (providers of independent education or training for 16 to 18 year

olds)—

(a)
in subsection (4)(a), for the words from “a statement” to “needs)”

substitute “an EHC plan is maintained”,

(b)
in subsection (4)(b), for “a statement was so” substitute “an EHC plan

was”,

(c)
in subsection (4)(b)(i), after “school” insert “or (if later) the person

ceased to be a student at his or her last post-16 institution”,

(d)
in subsection (4)(b)(ii), after “institution” insert “in England

mentioned in subsection (2)”, and

(e)
in subsection (6), after the definition of “an academic year” insert—

““post-16 institution” has the meaning given by section 72(2) of the

Children and Families Act 2013;”.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

76
The Apprenticeships, Skills, Children and Learning Act 2009 is amended as

follows.

77
In section 83 (power to secure provision of apprenticeship training)—

(a)
in subsection (1)(b), for “are subject to learning difficulty assessment”

substitute “for whom an EHC plan is maintained”,

(b)
in subsection (2)(b), for “learning difficulties” substitute “special

educational needs”, and

(c)
omit subsection (4).

78
In section 86 (education and training for persons aged 19 or over etc), in

subsection (1)(a), for “who are subject to learning difficulty assessment”

substitute “for whom an EHC plan is maintained”.

79
In section 87 (learning aims for persons aged 19 or over: provision of

facilities), in subsection (3)(a), for “who are subject to learning difficulty

assessment” substitute “for whom an EHC plan is maintained”.

80
In section 101 (financial resources: conditions), in subsection (5)(f)—

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

(b)
omit “139A or”.

81
In section 115 (persons with learning difficulties)—

Report Stage Proceedings: 11 June 2013
130

Children and Families Bill, continued

(a)
in subsection (1), for “learning difficulties” substitute “special

educational needs”,

(b)
in subsection (2)(a), for “who are subject to learning difficulty

assessment” substitute “for whom an EHC plan is maintained”,

(c)
omit subsections (3) and (4), and

(d)
in the title, for “learning difficulties” substitute “special educational

needs”.

82
In section 129 (general duties of Ofqual)—

(a)
in subsection (2)(b) and (c), for “learning difficulties” substitute

“special educational needs”, and

(b)
omit subsections (9) and (10).

Academies Act 2010 (c. 32)

83
In section 1 of the Academies Act 2010 (Academy arrangements), omit

subsections (7) and (8).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

84
In paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment of

Offenders Act 2012 (civil legal services: special educational needs)—

(a)
in sub-paragraph (1)(a), after “1996” insert “or Part 3 of the Children

and Families Act 2013”, and

(b)
in sub-paragraph (1)(b), for “sections 139A and” substitute

“section”.’.

Secretary Michael Gove

Agreed to  27

Schedule  7,  page  194,  line  2,  at end insert—

‘40A
In section 230 (meaning of “employee”, etc), after subsection (6) there is

inserted—

“(7)
This section has effect subject to section 75K(2A) and (2C).” ’.

Bill read a third time and passed.



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