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House of Commons

Session 2013 - 14 Internet Publications Other Bills before Parliament

Lords Amendments to the Children and Families Bill

LORDS amendments to the
Children and Families Bill
[The page and line references are to HL Bill 32, the bill as first printed for the Lords.]
Before Clause 1
1	Insert the following new Clause—
	“Contact between prescribed persons and adopted person’s relatives
	(1)     In section 98 of the Adoption and Children Act 2002 (pre-commencement
	adoptions: information), after subsection (1) insert—
	“(1A)     Regulations under section 9 may make provision for the purpose of
	facilitating contact between persons with a prescribed relationship
	to a person adopted before the appointed day and that person’s
	relatives.”
	(2)     In each of subsections (2) and (3) of that section, for “that purpose”
	substitute “a purpose within subsection (1) or (1A)”.
	(3)     In subsection (7) of that section, after the definition of “appointed day”
	insert—
	““prescribed” means prescribed by regulations under section
	9;”.”
Clause 1
2	Page 1, leave out lines 8 to 12 and insert—
	““(9ZA)     Subsection (9A) applies (subject to subsection (9B)) where the local
	authority are a local authority in England and—
	(a)     are considering adoption for C, or
	(b)     are satisfied that C ought to be placed for adoption but are
	not authorised under section 19 of the Adoption and
	Children Act 2002 (placement with parental consent) or by
	virtue of section 21 of that Act (placement orders) to place C
	for adoption.
	Bill 171 55/3
	2
	(9A)     Where this subsection applies—
	(a)     subsections (7) to (9) do not apply to the local authority,
	(b)     the local authority must consider placing C with an
	individual within subsection (6)(a), and
	(c)     where the local authority decide that a placement with such
	an individual is not the most appropriate placement for C,
	the local authority must consider placing C with a local
	authority foster parent who has been approved as a
	prospective adopter.
	(9B)     Subsection (9A) does not apply where the local authority have
	applied for a placement order under section 21 of the Adoption and
	Children Act 2002 in respect of C and the application has been
	refused.””
Clause 3
3	Page 2, line 19, after “requiring” insert “one or more named”
4	Page 2, line 20, after “England” insert “, or one or more descriptions of local
	authority in England,”
5	Page 2, line 22, at end insert—
	“(1A)     The Secretary of State may by order require all local authorities in England
	to make arrangements for all or any of their functions within subsection (2)
	to be carried out on their behalf by one or more other adoption agencies.”
6	Page 2, leave out lines 29 to 32
7	Page 2, line 32, at end insert—
	“(2)     In section 140(3) of that Act (statutory instruments containing subordinate
	legislation that are subject to the affirmative procedure), before paragraph
	(a) insert—
	“(za)     under section 3A(1A),”.
	(3)     The Secretary of State may not make an order under subsection (1A) of
	section 3A of the Adoption and Children Act 2002 (as inserted by
	subsection (1)) before 1 March 2015.”
Clause 4
8	Page 3, line 44, at end insert—
	“( )     On the occasion of the first exercise of the power to make
	regulations under this section—
	(a)     the statutory instrument containing the regulations is not to
	be made unless a draft of the instrument has been laid
	before, and approved by a resolution of, each House of
	Parliament, and
	(b)     accordingly section 140(2) does not apply to the
	instrument.”
Clause 6
9	Page 5, line 9, at end insert—
	3
	“( )     On the occasion of the first exercise of the power to make
	regulations under this section—
	(a)     the statutory instrument containing the regulations is not to
	be made unless a draft of the instrument has been laid
	before, and approved by a resolution of, each House of
	Parliament, and
	(b)     accordingly section 140(2) does not apply to the
	instrument.””
10	Page 5, line 12, at end insert—
	“( )     In section 140(7) (power for subordinate legislation to make different
	provision for different purposes) after “purposes” insert “or areas”.”
Clause 9
11	Transpose Clause 9 to after Clause (Arrangements for living with former foster parents
	after reaching adulthood)
Clause 11
12	Page 10, line 19, at end insert—
	“(2B)     In subsection (2A) “involvement” means involvement of some kind,
	either direct or indirect, but not any particular division of a child’s
	time.”
Clause 21
13	Page 19, line 24, leave out subsection (5) and insert—
	“(5)     Health care provision or social care provision which educates or trains a
	child or young person is to be treated as special educational provision
	(instead of health care provision or social care provision).”
Clause 22
14	Page 19, line 32, after “identifies” insert “—
	(a)     ”
15	Page 19, line 33, at end insert “, and
	(b)     all the children and young people in its area who have a disability.”
Clause 23
16	Transpose Clause 23 to after Clause 24
Clause 24
17	Page 20, line 5, at end insert “or a disability”
18	Page 20, line 15, after “needs” insert “or disability”
Clause 25
19	Page 20, line 19, leave out “special educational” and insert “educational provision
	and training”
	4
20	Page 20, line 22, after “needs” insert “or a disability”
Clause 26
21	Page 20, line 40, after first “for” insert “—
	(a)     ”
22	Page 20, line 41, at end insert “, and
	(b)     children and young people in the authority’s area who have a
	disability.”
23	Page 21, line 5, after “by” insert “—
	(i)     ”
24	Page 21, line 7, leave out “concerned” and insert “within subsection (1)(a)”
25	Page 21, line 7, after “needs” insert “, and
	(ii)     the disabilities of the children and young people within
	subsection (1)(b)”
26	Page 21, line 35, after second “for” insert “—
	(i)     ”
27	Page 21, line 37, after “needs” insert “, or
	(ii)     any children and young people in the authority’s area who
	have a disability”
28	Page 21, line 40, leave out “such children and young people” and insert “children
	and young people within paragraph (a)”
Clause 27
29	Page 22, line 4, leave out “special educational” and insert “educational provision,
	training”
30	Page 22, line 6, after “needs” insert “or a disability”
31	Page 22, line 7, leave out “special educational” and insert “educational provision,
	training”
32	Page 22, line 8, after first “for” insert “—
	(i)     ”
33	Page 22, line 9, at end insert “, and
	(ii)     children and young people in its area who have a
	disability.”
34	Page 22, line 11, leave out “special educational” and insert “educational needs,
	training”
35	Page 22, line 14, leave out paragraph (a) and insert—
	“( )     children and young people in its area with special educational
	needs, and the parents of children in its area with special
	educational needs;
	( )     children and young people in its area who have a disability, and the
	parents of children in its area who have a disability;”
36	Page 22, line 26, after “by” insert “—
	(i)     ”