14171.26-32

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Children and Families Bill

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requirements or limitations imposed by regulations under

subsection (8);

(c)
provide for exceptions and defences to such offences;

(d)
make provision about the liability of others to be convicted of such

offences if committed by a body corporate or a Scottish partnership.

(10)
The Secretary of State may by regulations—

(a)
provide that regulations under subsection (6) or (8) are to be treated

for the purposes specified in regulations under this subsection as

safety regulations within the meaning of the Consumer Protection

Act 1987;

(b)
make provision for the appropriate minister to direct, in relation to

cases of a particular description or a particular case, that any duty

imposed on a local weights and measures authority in Great Britain

or a district council in Northern Ireland by virtue of provision

under paragraph (a) is to be discharged instead by the appropriate

minister.

(11)
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 regulations under any of subsections (6), (8), (9) or (10).

(12)
The Secretary of State must—

(a)
obtain the consent of the Scottish Ministers before making

regulations under any of subsections (6), (8), (9) or (10) containing

provision which would (if contained in an Act of the Scottish

Parliament) be within the legislative competence of that Parliament;

(b)
obtain the consent of the Welsh Ministers before making

regulations under any of those subsections containing provision

which would (if contained in an Act of the National Assembly for

Wales) be within the legislative competence of that Assembly;

(c)
obtain the consent of the Office of the First Minister and deputy

First Minister in Northern Ireland before making regulations under

any of those subsections containing provision which would (if

contained in an Act of the Northern Ireland Assembly) be within

the legislative competence of that Assembly.

(13)
For the purposes of this section a person produces a tobacco product if, in

the course of a business and with a view to the product being supplied for

consumption in the United Kingdom or through the travel retail sector, the

person—

(a)
manufactures the product,

(b)
puts a name, trademark or other distinguishing mark on it by which

the person is held out to be its manufacturer or originator, or

(c)
imports it into the United Kingdom.

(14)
For the purposes of this section a person supplies a tobacco product if in the

course of a business the person—

(a)
supplies the product,

(b)
offers or agrees to supply it, or

(c)
exposes or possesses it for supply.

(15)
In this section—

“appropriate minister”—

(a)
in relation to England, means the Secretary of State,

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(b)
in relation to Wales, means the Welsh Ministers,

(c)
in relation to Northern Ireland, means the Department of

Health, Social Services and Public Safety, and

(d)
in relation to Scotland, means the Scottish Ministers;

“enactment” includes—

(a)
an Act of the Scottish Parliament,

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

(c)
Northern Ireland legislation;

“external packaging”, “internal packaging” and “wrapper” have the

meanings given by regulations under subsection (6);

“packaging”, in relation to a tobacco product, means—

(a)
the external packaging of that product,

(b)
any internal packaging of that product,

(c)
any wrapper of that product, or

(d)
any other material attached to or included with that product

or anything within paragraphs (a) to (c);

“retail packaging”, in relation to a tobacco product, means the

packaging in which it is, or is intended to be, presented for retail

sale;

“retail sale” means sale otherwise than to a person who is acting in the

course of a business which is part of the tobacco trade;

“tobacco product” means a product consisting wholly or partly of

tobacco and intended to be smoked, sniffed, sucked or chewed;

“travel retail sector” means retail outlets in the United Kingdom at

which tobacco products may be purchased only by people

travelling on journeys to destinations outside the United

Kingdom.”
125
Insert the following new Clause—

“Protection of children’s health: offence of smoking in a private vehicle

(1)
The Health Act 2006 is amended as follows.

(2)
In section 5 (smoke-free vehicles)—

(a)
after subsection (1) insert—

“(1A)
Regulations under this section may in particular provide for

a private vehicle to be smoke-free where a person under the

age of 18 is present in the vehicle.”, and

(b)
in subsection (2), for “The regulations” substitute “Regulations

under this section”.

(3)
In section 9 (fixed penalties), after subsection (1) insert—

“(1A)
The appropriate national authority may by regulations provide

that, in the circumstances specified in the regulations, an authorised

officer of an enforcement authority (see section 10) who has reason

to believe that a person has committed an offence under section 8(4)

in relation to a vehicle in relation to which the authorised officer has

functions may give the person a penalty notice in respect of the

offence.”

(4)
In section 10(1) (power to designate bodies or descriptions of body as

enforcement authorities)—

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(a)
after “designating the” insert “persons or”, and

(b)
after “descriptions of” insert “person or”.

(5)
In section 79 (orders and regulations)—

(a)
in subsection (4) (powers to which affirmative procedure applies),

in paragraph (a) (powers in Part 1), for “or 8(7)” substitute “, 8(7) or

9(1A)”,

(b)
in that subsection, in paragraph (f) (powers in Schedule 1), for “or

8” substitute “, 8 or 17”, and

(c)
after that subsection insert—

“(4A)
No statutory instrument containing regulations under

section 9(1A) or paragraph 17 of Schedule 1 may be made by

the Welsh Ministers unless a draft of the instrument has

been laid before, and approved by a resolution of, the

National Assembly for Wales.”

(6)
In Schedule 1 (fixed penalties), after paragraph 16 insert—

“Power to amend or modify Schedule

17
The appropriate national authority may by regulations—

(a)
amend this Schedule so as to modify its application in

relation to penalty notices issued by an authorised officer

of an enforcement authority of a particular kind, or

(b)
provide for this Schedule to apply with modifications in

relation to such notices.””
126
Insert the following new Clause—

“Young carers

(1)
In Part 3 of the Children Act 1989, after section 17 insert—

“17ZA
Young carers’ needs assessments: England

(1)
A local authority in England must assess whether a young carer

within their area has needs for support and, if so, what those needs

are, if—

(a)
it appears to the authority that the young carer may have

needs for support, or

(b)
the authority receive a request from the young carer or a

parent of the young carer to assess the young carer’s needs

for support.

(2)
An assessment under subsection (1) is referred to in this Part as a

“young carer’s needs assessment”.

(3)
In this Part “young carer” means a person under 18 who provides

or intends to provide care for another person (but this is qualified

by section 17ZB(3)).

(4)
Subsection (1) does not apply in relation to a young carer if the local

authority have previously carried out a care-related assessment of

the young carer in relation to the same person cared for.

(5)
But subsection (1) does apply (and so a young carer’s needs

assessment must be carried out) if it appears to the authority that

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the needs or circumstances of the young carer or the person cared

for have changed since the last care-related assessment.

(6)
“Care-related assessment” means—

(a)
a young carer’s needs assessment;

(b)
an assessment under any of the following—

(i)
section 1 of the Carers (Recognition and Services)

Act 1995;

(ii)
section 1 of the Carers and Disabled Children Act

2000;

(iii)
section 4(3) of the Community Care (Delayed

Discharges) Act 2003.

(7)
A young carer’s needs assessment must include an assessment of

whether it is appropriate for the young carer to provide, or continue

to provide, care for the person in question, in the light of the young

carer’s needs for support, other needs and wishes.

(8)
A local authority, in carrying out a young carer’s needs assessment,

must have regard to—

(a)
the extent to which the young carer is participating in or

wishes to participate in education, training or recreation,

and

(b)
the extent to which the young carer works or wishes to

work.

(9)
A local authority, in carrying out a young carer’s needs assessment,

must involve—

(a)
the young carer,

(b)
the young carer’s parents, and

(c)
any person who the young carer or a parent of the young

carer requests the authority to involve.

(10)
A local authority that have carried out a young carer’s needs

assessment must give a written record of the assessment to—

(a)
the young carer,

(b)
the young carer’s parents, and

(c)
any person to whom the young carer or a parent of the

young carer requests the authority to give a copy.

(11)
Where the person cared for is under 18, the written record must

state whether the local authority consider him or her to be a child in

need.

(12)
A local authority in England must take reasonable steps to identify

the extent to which there are young carers within their area who

have needs for support.

17ZB
Young carers’ needs assessments: supplementary

(1)
This section applies for the purposes of section 17ZA.

(2)
“Parent”, in relation to a young carer, includes—

(a)
a parent of the young carer who does not have parental

responsibility for the young carer, and

(b)
a person who is not a parent of the young carer but who has

parental responsibility for the young carer.

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(3)
A person is not a young carer if the person provides or intends to

provide care—

(a)
under or by virtue of a contract, or

(b)
as voluntary work.

(4)
But in a case where the local authority consider that the relationship

between the person cared for and the person under 18 providing or

intending to provide care is such that it would be appropriate for

the person under 18 to be regarded as a young carer, that person is

to be regarded as such (and subsection (3) is therefore to be ignored

in that case).

(5)
The references in section 17ZA and this section to providing care

include a reference to providing practical or emotional support.

(6)
Where a local authority—

(a)
are required to carry out a young carer’s needs assessment,

and

(b)
are required or have decided to carry out some other

assessment of the young carer or of the person cared for;


the local authority may, subject to subsection (7), combine the

assessments.

(7)
A young carer’s needs assessment may be combined with an

assessment of the person cared for only if the young carer and the

person cared for agree.

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

about carrying out a young carer’s needs assessment; the

regulations may, in particular—

(a)
specify matters to which a local authority is to have regard

in carrying out a young carer’s needs assessment;

(b)
specify matters which a local authority is to determine in

carrying out a young carer’s needs assessment;

(c)
make provision about the manner in which a young carer’s

needs assessment is to be carried out;

(d)
make provision about the form a young carer’s needs

assessment is to take.

(9)
The Secretary of State may by regulations amend the list in section

17ZA(6)(b) so as to—

(a)
add an entry,

(b)
remove an entry, or

(c)
vary an entry.

17ZC
Consideration of young carers’ needs assessments

A local authority that carry out a young carer’s needs assessment

must consider the assessment and decide—

(a)
whether the young carer has needs for support in relation to

the care which he or she provides or intends to provide;

(b)
if so, whether those needs could be satisfied (wholly or

partly) by services which the authority may provide under

section 17; and

(c)
if they could be so satisfied, whether or not to provide any

such services in relation to the young carer.”

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(2)
In section 104 of the Children Act 1989 (regulations and orders)—

(a)
in subsections (2) and (3A) (regulations within subsection (3B) or

(3C) not subject to annulment but to be approved in draft) before

“(3B)” insert “(3AA),”, and

(b)
after subsection (3A) insert—

“(3AA)
Regulations fall within this subsection if they are

regulations made in the exercise of the power conferred by

section 17ZB(9).””
127
Insert the following new Clause—

“Parent carers

(1)
In the Children Act 1989, after section 17ZC (as inserted by section (Young

carers)) insert—

“17ZD
Parent carers’ needs assessments: England

(1)
A local authority in England must, if the conditions in subsections

(3) and (4) are met, assess whether a parent carer within their area

has needs for support and, if so, what those needs are.

(2)
In this Part “parent carer” means a person aged 18 or over who

provides or intends to provide care for a disabled child for whom

the person has parental responsibility.

(3)
The first condition is that—

(a)
it appears to the authority that the parent carer may have

needs for support, or

(b)
the authority receive a request from the parent carer to

assess the parent carer’s needs for support.

(4)
The second condition is that the local authority are satisfied that the

disabled child cared for and the disabled child’s family are persons

for whom they may provide or arrange for the provision of services

under section 17.

(5)
An assessment under subsection (1) is referred to in this Part as a

“parent carer’s needs assessment”.

(6)
Subsection (1) does not apply in relation to a parent carer if the local

authority have previously carried out a care-related assessment of

the parent carer in relation to the same disabled child cared for.

(7)
But subsection (1) does apply (and so a parent carer’s needs

assessment must be carried out) if it appears to the authority that

the needs or circumstances of the parent carer or the disabled child

cared for have changed since the last care-related assessment.

(8)
“Care-related assessment” means—

(a)
a parent carer’s needs assessment;

(b)
an assessment under any of the following—

(i)
section 1 of the Carers (Recognition and Services)

Act 1995;

(ii)
section 6 of the Carers and Disabled Children Act

2000;

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(iii)
section 4(3) of the Community Care (Delayed

Discharges) Act 2003.

(9)
A parent carer’s needs assessment must include an assessment of

whether it is appropriate for the parent carer to provide, or continue

to provide, care for the disabled child, in the light of the parent

carer’s needs for support, other needs and wishes.

(10)
A local authority in carrying out a parent carer’s needs assessment

must have regard to—

(a)
the well-being of the parent carer, and

(b)
the need to safeguard and promote the welfare of the

disabled child cared for and any other child for whom the

parent carer has parental responsibility.

(11)
In subsection (10) “well-being” has the same meaning as in Part 1 of

the Care Act 2014.

(12)
A local authority, in carrying out a parent carer’s needs assessment,

must involve—

(a)
the parent carer,

(b)
any child for whom the parent carer has parental

responsibility, and

(c)
any person who the parent carer requests the authority to

involve.

(13)
A local authority that have carried out a parent carer’s needs

assessment must give a written record of the assessment to—

(a)
the parent carer, and

(b)
any person to whom the parent carer requests the authority

to give a copy.

(14)
A local authority in England must take reasonable steps to identify

the extent to which there are parent carers within their area who

have needs for support.

17ZE
Parent carers’ needs assessments: supplementary

(1)
This section applies for the purposes of section 17ZD.

(2)
The references in section 17ZD to providing care include a reference

to providing practical or emotional support.

(3)
Where a local authority—

(a)
are required to carry out a parent carer’s needs assessment,

and

(b)
are required or have decided to carry out some other

assessment of the parent carer or of the disabled child cared

for,


the local authority may combine the assessments.

(4)
The Secretary of State may by regulations make further provision

about carrying out a parent carer’s needs assessment; the

regulations may, in particular—

(a)
specify matters to which a local authority is to have regard

in carrying out a parent carer’s needs assessment;

(b)
specify matters which a local authority is to determine in

carrying out a parent carer’s needs assessment;