14171.19-25

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Children and Families Bill

19

Clause 70
114
Leave out Clause 70
Clause 73
115
Page 50, line 4, at end insert—

““appropriate person” has the meaning given by section (Application

of Part to detained persons)(5);

“beginning of the detention” has the meaning given by section

(Application of Part to detained persons)(6);

“detained person” has the meaning given by section (Application of

Part to detained persons)(5);

“detained person’s EHC needs assessment” has the meaning given by

section (Application of Part to detained persons)(5);”
116
Page 50, line 9, at end insert—

““the home authority” has the meaning given by section (Application of

Part to detained persons)(6) (subject to subsection (7) of that section);”
117
Page 50, line 28, at end insert—

““relevant youth accommodation” has the meaning given by section

(Application of Part to detained persons)(5);”
118
Page 50, line 40, at end insert—

“( )
A child or young person has a disability for the purposes of this Part if he

or she has a disability for the purposes of the Equality Act 2010.”
After Clause 76
119
Insert the following new Clause—

“Discharge of authority’s duty to secure free early years provision

(1)
Part 1 of the Childcare Act 2006 (general functions of local authorities in

England in relation to childcare) is amended as follows.

(2)
After section 7 (duty to secure early years provision free of charge in

accordance with regulations) insert—

“7A
Discharge of duty under section 7

(1)
Regulations may require an English local authority to discharge its

duty to a young child under section 7 by making arrangements

which secure that an early years provider chosen by a parent of the

child provides the early years provision to which the child is

entitled in cases where—

(a)
the early years provider is willing to provide it, and

(b)
the early years provider is also willing to accept—

(i)
any terms as to the payments which would be made

to him or her in respect of the provision, and

(ii)
any requirements which would be imposed in

respect of it.

(2)
Arrangements made by an authority to satisfy any requirement

imposed under subsection (1) may be made with an early years

20

provider or with an early years childminder agency or any other

person who is able to arrange for an early years provider to provide

early years provision.

(3)
The regulations may provide that such a requirement—

(a)
applies only if the early years provider is of a prescribed

description;

(b)
applies only if the early years provision provided by the

early years provider is of a prescribed description;

(c)
does not apply in prescribed circumstances.

(4)
The regulations may provide that arrangements made by an

authority for the purpose of complying with such a requirement

must include provision allowing the local authority to terminate the

arrangements in prescribed circumstances.

(5)
In this section—

“early years childminder agency” and “early years provider”

have the same meanings as in Part 3;

“parent” has the same meaning as in section 2.”

(3)
After section 9 (arrangements between local authority and childcare

providers) insert—

“9A
Arrangements made by local authorities for the purposes of

section 7

Regulations may provide that arrangements made by an English

local authority for the purpose of discharging its duty under section

7—

(a)
may impose requirements on the person with whom the

arrangements are made only if the requirements are of a

prescribed description;

(b)
may not impose requirements of a prescribed description on

the person with whom the arrangements are made.””
After Clause 78
120
Insert the following new Clause—

“Extension of licensing of child performances to children under 14

Section 38 of the Children and Young Persons Act 1963 (licences for

performances by children under 14 not to be granted except for certain

dramatic or musical performances) is repealed.”
121
Insert the following new Clause—

“Purchase of tobacco etc. on behalf of persons under 18

(1)
A person aged 18 or over who buys or attempts to buy tobacco or cigarette

papers on behalf of an individual aged under 18 commits an offence.

(2)
Where a person is charged with an offence under this section it is a

defence—

(a)
that the person had no reason to suspect that the individual

concerned was aged under 18, or

21

(b)
in a case where the person has bought or attempted to buy cigarette

papers, that the person had no reason to suspect that the individual

concerned intended to use the papers for smoking.

(3)
A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(4)
A local weights and measures authority in England and Wales must

enforce the provisions of this section in its area.

(5)
Section 9 of, and Schedule 1 to, the Health Act 2006 (issue of fixed penalty

notices in relation to certain smoking related offences) apply in relation to

an offence under this section as they apply in relation to an offence under

section 6(5) or 7(2) of that Act but with the following modifications—

(a)
references to an enforcement authority are to be read as references

to a local weights and measures authority;

(b)
references to an authorised officer of an enforcement authority are

to be read as references to any person authorised by a local weights

and measures authority (whether or not an officer of the authority)

in writing, either generally or specially, to act in matters arising

under this section.

(6)
Section 11 of, and Schedule 2 to, the Health Act 2006 (offence of obstruction

of enforcement officers and powers of entry etc) apply for the purposes of

this section as they apply for the purposes of Chapter 1 of Part 1 of that Act

but with the following modifications—

(a)
references to an enforcement authority are to be read as references

to a local weights and measures authority;

(b)
references to an authorised officer of an enforcement authority are

to be read as references to any person (whether or not an officer of

the authority) authorised by a local weights and measures authority

in writing, either generally or specially, to act in matters arising

under this section;

(c)
references to Chapter 1 of Part 1 of the Act of 2006 are to be read as

references to this section;

(d)
section 11(5) is to be ignored;

(e)
paragraph 10 of Schedule 2 is to be ignored.

(7)
“Tobacco” has the same meaning in this section as in section 7 of the

Children and Young Persons Act 1933 (offence of selling tobacco to

children).”
122
Insert the following new Clause—

“Prohibition of sale of nicotine products to persons under 18

(1)
The Secretary of State may by regulations make provision prohibiting the

sale of nicotine products to persons aged under 18.

(2)
A person who breaches a prohibition in regulations under subsection (1)

commits an offence.

(3)
Subsection (2) does not apply if—

(a)
at the time of the sale, the person to whom the nicotine product is

sold is employed by a manufacturer of nicotine products to which

regulations under subsection (1) apply or by a dealer in such

products (whether wholesale or retail), and

22

(b)
the purchase of the product is for the purposes of the

manufacturer’s or dealer’s business.

(4)
Where a person is charged with an offence under this section it is a defence

that the person took all reasonable precautions and exercised all due

diligence to avoid committing the offence.

(5)
A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(6)
The Secretary of State may by regulations—

(a)
amend section (Purchase of tobacco etc. on behalf of persons under 18)

(purchase of tobacco etc on behalf of persons under 18) so as to

apply it (with or without modifications) in relation to nicotine

products, or

(b)
provide for that section to apply (with or without modifications) in

relation to nicotine products.

(7)
Regulations under this section may make provision in relation to—

(a)
all nicotine products,

(b)
nicotine products of a specified kind, or

(c)
nicotine products subject to specified exceptions.

(8)
The Secretary of State must obtain the consent of the Welsh Ministers

before making regulations under this section which would (if contained in

an Act of the National Assembly for Wales) be within the legislative

competence of that Assembly.

(9)
For the purposes of this section “nicotine product” means—

(a)
a device which is intended to enable nicotine to be consumed by an

individual or otherwise to be delivered into the human body,

(b)
an item which is intended to form part of a device within paragraph

(a), or

(c)
a substance or item which consists of or contains nicotine and

which is intended for human consumption or otherwise to be

delivered into the human body.

(10)
It does not matter for the purposes of subsection (9)(a) whether the device

is also intended to enable any other substance to be consumed by an

individual or otherwise to be delivered into the human body.

(11)
The following are not nicotine products for the purposes of this section—

(a)
tobacco;

(b)
cigarette papers;

(c)
any device which is intended to be used for the consumption of lit

tobacco.

(12)
In this section—

“specified” means specified in regulations under this section;

“tobacco” has the same meaning as in section 7 of the Children and

Young Persons Act 1933 (offence of selling tobacco to children).”
123
Insert the following new Clause—

23

“Amendments consequential on section (Prohibition of sale of nicotine

products to persons under 18)

(1)
The Children and Young Persons Act 1933 is amended in accordance with

subsections (2) to (6).

(2)
In the italic heading before section 12A, after “tobacco” insert “or nicotine

products”.

(3)
In section 12A (restricted premises orders)—

(a)
in subsection (1), after “tobacco” insert “or nicotine”,

(b)
in subsection (3), for “or cigarette papers” substitute “, cigarette

papers or nicotine product”, and

(c)
in subsection (7)(a), after “tobacco” insert “or nicotine”.

(4)
In section 12B (restricted sale orders)—

(a)
in subsection (1), after “tobacco” insert “or nicotine”,

(b)
in subsection (3)—

(i)
in paragraph (a), for “or cigarette papers” substitute “,

cigarette papers or nicotine product”,

(ii)
in paragraph (b), for “or cigarette papers” substitute “,

cigarette papers or nicotine products”,

(iii)
in each of paragraphs (c) and (d) omit “cigarette” in each

place, and

(iv)
in each of those paragraphs, after “tobacco” insert “or

nicotine products”,

(c)
in subsection (5), after “tobacco” insert “or nicotine”, and

(d)
in subsection (6)—

(i)
omit “cigarette”, and

(ii)
after “tobacco” insert “or nicotine products”.

(5)
In section 12C(1)(a) (enforcement), for “or cigarette papers” substitute “,

cigarette papers or nicotine product”.

(6)
In section 12D (interpretation)—

(a)
in subsection (1), in the opening words, for ““tobacco offence””

substitute ““tobacco or nicotine offence””,

(b)
in that subsection omit the “or” at the end of paragraph (b) and at

the end of paragraph (c) insert “, or

(d)
an offence committed under section (Prohibition of

sale of nicotine products to persons under 18) of the

Children and Families Act 2014 on any premises

(which are accordingly “the premises in relation to

which the offence is committed”).”, and

(c)
after subsection (2) insert—

“(2A)
In sections 12A to 12C “nicotine product” means a nicotine

product within the meaning of section (Prohibition of sale of

nicotine products to persons under 18) of the Children and

Families Act 2014 the sale of which to persons aged under

18 is for the time being prohibited by regulations under

subsection (1) of that section.”

(7)
In section 5 of the Children and Young Persons (Protection from Tobacco)

Act 1991 (enforcement action by local authorities in England and Wales)—

24

(a)
in subsection (1)(a), for “and sections 3 and 4 above” substitute “,

sections 3 and 4 above and section (Prohibition of sale of nicotine

products to persons under 18) of the Children and Families Act 2014

(prohibition of sale of nicotine products to persons under 18)”, and

(b)
after subsection (1) insert—

“(1A)
Subsection (1) applies in relation to section (Prohibition of sale

of nicotine products to persons under 18) of the Children and

Families Act 2014 only if regulations under subsection (1) of

that section are for the time being in force.”

(8)
The Secretary of State may by regulations make provision amending,

repealing, revoking or otherwise modifying any provision made by or

under an enactment (whenever passed or made) in connection with

provision made by or under section (Prohibition of sale of nicotine products to

persons under 18).

(9)
In subsection (8) “enactment” includes a Measure or Act of the National

Assembly for Wales.”
124
Insert the following new Clause—

“Regulation of retail packaging etc of tobacco products

(1)
The Secretary of State may make regulations under subsection (6) or (8) if

the Secretary of State considers that the regulations may contribute at any

time to reducing the risk of harm to, or promoting, the health or welfare of

people under the age of 18.

(2)
Subsection (1) does not prevent the Secretary of State, in making

regulations under subsection (6) or (8), from considering whether the

regulations may contribute at any time to reducing the risk of harm to, or

promoting, the health or welfare of people aged 18 or over.

(3)
The Secretary of State may treat regulations under subsection (6) or (8) as

capable of contributing to reducing the risk of harm to, or promoting, the

health or welfare of people under the age of 18 if the Secretary of State

considers that—

(a)
at least some of the provisions of the regulations are capable of

having that effect, or

(b)
the regulations are capable of having that effect when taken

together with other regulations that were previously made under

subsection (6) or (8) and are in force.

(4)
Regulations under subsection (6) or (8) are to be treated for the purposes of

subsection (1) or (2) as capable of contributing to reducing the risk of harm

to, or promoting, people’s health or welfare if (for example) they may

contribute to any of the following—

(a)
discouraging people from starting to use tobacco products;

(b)
encouraging people to give up using tobacco products;

(c)
helping people who have given up, or are trying to give up, using

tobacco products not to start using them again;

(d)
reducing the appeal or attractiveness of tobacco products;

(e)
reducing the potential for elements of the packaging of tobacco

products other than health warnings to detract from the

effectiveness of those warnings;

25

(f)
reducing opportunities for the packaging of tobacco products to

mislead consumers about the effects of using them;

(g)
reducing opportunities for the packaging of tobacco products to

create false perceptions about the nature of such products;

(h)
having an effect on attitudes, beliefs, intentions and behaviours

relating to the reduction in use of tobacco products.

(5)
Regulations under subsection (6) or (8) are to be treated for the purposes of

subsection (1) as capable of contributing to reducing the risk of harm to, or

promoting, the health or welfare of people under the age of 18 if—

(a)
they may contribute to reducing activities by such people which

risk harming their health or welfare after they reach the age of 18, or

(b)
they may benefit such people by reducing the use of tobacco

products among people aged 18 or over.

(6)
The Secretary of State may by regulations make provision about the retail

packaging of tobacco products.

(7)
Regulations under subsection (6) may in particular impose prohibitions,

requirements or limitations relating to—

(a)
the markings on the retail packaging of tobacco products (including

the use of branding, trademarks or logos);

(b)
the appearance of such packaging;

(c)
the materials used for such packaging;

(d)
the texture of such packaging;

(e)
the size of such packaging;

(f)
the shape of such packaging;

(g)
the means by which such packaging is opened;

(h)
any other features of the retail packaging of tobacco products which

could be used to distinguish between different brands of tobacco

product;

(i)
the number of individual tobacco products contained in an

individual packet;

(j)
the quantity of a tobacco product contained in an individual packet.

(8)
The Secretary of State may by regulations make provision imposing

prohibitions, requirements or limitations relating to—

(a)
the markings on tobacco products (including the use of branding,

trademarks or logos);

(b)
the appearance of such products;

(c)
the size of such products;

(d)
the shape of such products;

(e)
the flavour of such products;

(f)
any other features of tobacco products which could be used to

distinguish between different brands of tobacco product.

(9)
The Secretary of State may by regulations—

(a)
create offences which may be committed by persons who produce

or supply tobacco products the retail packaging of which breaches

prohibitions, requirements or limitations imposed by regulations

under subsection (6);

(b)
create offences which may be committed by persons who produce

or supply tobacco products which breach prohibitions,