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House of Commons

Session 2013 - 14 Internet Publications Other Bills before Parliament

Lords Amendments to the Children and Families Bill

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Clause 96
143	Page 91, line 16, leave out “(2C)” and insert “(2CA)”
Clause 107
144	Page 114, line 34, leave out subsection (6) and insert—
	“(6)     A statutory instrument containing (whether alone or with other
	provision)—
	(a)     the first regulations to be made under section 49,
	(b)     an order under section 54(1) or 55(1),
	(c)     regulations under section (Application of Part to detained persons)(3),
	(d)     regulations under section (Prohibition of sale of nicotine products to
	persons under 18) or (Amendments consequential on section (Prohibition
	of sale of nicotine products to persons under 18)),
	(e)     regulations under subsection (6), (8), (9) or (10) of section
	(Regulation of retail packaging etc of tobacco products),
	(f)     regulations under subsection (11) of that section which amend,
	repeal or revoke any provision of an enactment within the meaning
	of that section, or
	(g)     an order under section 108 which amends or repeals any provision
	of primary legislation,
	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.”
Clause 111
145	Page 116, line 2, at end insert—
	“(1A)     Section (Contact between prescribed persons and adopted person’s relatives)—
	(a)     so far as it relates to England, comes into force on such day as the
	Secretary of State appoints by order, and
	(b)     so far as it relates to Wales, comes into force on such day as the
	Welsh Ministers appoint by order.”
146	Page 116, line 5, after “18” insert “, (Extension of licensing of child performances to
	children under 14), (Local authority functions relating to children etc: intervention),
	(Application of suspension etc powers to establishments and agencies in England),
	(Objectives and standards for establishments and agencies in England) and (National
	minimum standards for establishments and agencies in England)”
147	Page 116, line 6, at end insert—
	“( )     Part 5 comes into force on 1 April 2014.”
148	Page 116, line 9, after “subsection” insert “(1A),”
Clause 112
149	Page 116, line 14, leave out “is” and insert “and section (Duty to support pupils with
	medical conditions) (duty to support pupils with medical conditions) are”
150	Page 116, line 17, at end insert—
	“(3A)     Section (Regulation of retail packaging etc of tobacco products) extends to the
	whole of the United Kingdom.”
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151	Page 116, line 23, at end insert “, subject to subsection (8).
	(8)     Subsection (7) does not apply to the repeal made by section (Extension of
	licensing of child performances to children under 14), which extends to England
	and Wales only.”
Schedule 2
152	Page 141, line 43, at end insert—
	“Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
	70          In paragraph 13(1)(c) of Schedule 1 to the Legal Aid, Sentencing and
	Punishment of Offenders Act 2012 (civil legal services: orders mentioned
	in section 8(1) of the Children Act 1989) for “residence, contact”
	substitute “child arrangements orders”.”
Schedule 3
153	Page 150, line 30, leave out sub-paragraphs (2) to (4) and insert—
	“()   In subsection (1), after “local authority” insert “in Wales”.
	()   In the title, after “with” insert “statement of”.
	55A       In section 562D (appropriate special educational provision:
	arrangements between local authorities), in subsection (2) after “local
	authority” insert “in Wales”.”
154	Page 150, line 36, leave out sub-paragraphs (2) to (8) and insert—
	“()   In subsection (1) after “local authority” insert “in Wales”.
	()   In subsection (2) after “home authority” insert “, where they are a local
	authority in Wales,”.
	()   In subsection (4) after “local authority” insert “in Wales”.
	()   In subsection (5) after “local authority” insert “in Wales”.
	()   In subsection (7)—
	(a)     in paragraph (a) after “home authority” insert “, where they are a
	local authority in Wales”, and
	(b)     in paragraph (b) after “authority” insert “in Wales”.
	()   In subsection (8)—
	(a)     after “home authority”, where it first occurs insert “, where they
	are a local authority in Wales”, and
	(b)     in paragraph (a) after “local authority” insert “in Wales”.”
155	Page 151, line 14, leave out sub-paragraphs (2) and (3) and insert—
	“()   In subsection (1)—
	(a)     after “person” insert “—
	(a)     ”, and
	(b)     after “apply” insert “, and
	(b)     for whom the home authority are a local authority
	in Wales.”
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	()   In subsection (4), for “Subsections (5) and (6) apply” substitute
	“Subsection (6) applies”.
	()   Omit subsection (5).
	()   In subsection (6), omit paragraph (b) and the “and” preceding it.”
156	Page 153, line 40, at end insert—
	“Children Act 1989 (c. 41)
	(1)   The Children Act 1989 is amended as follows.
	(2)   In section 23E (pathway plans), in subsection (1A)(a) after “Education
	Act 1996” insert “or Part 3 of the Children and Families Act 2013”.
	(3)   In Part 1 of Schedule 2 (provision of services to families) in paragraph 3
	(assessment of children’s needs) after paragraph (b) insert—
	“(ba)     Part 3 of the Children and Families Act 2013;”.”
Schedule 4
157	Page 164, line 35, leave out “and”
158	Page 164, line 37, at end insert “, and
	(c)     the effectiveness of the arrangements of the early years
	childminder agency for assuring itself of the quality of the care
	and education provided by the early years providers registered
	with it.”
159	Page 171, line 44, leave out “and”
160	Page 172, line 2, at end insert “, and
	(c)     the effectiveness of the arrangements of the later years
	childminder agency for assuring itself of the quality of the care
	and education provided by the later years providers registered
	with it.”
161	Page 175, line 21, at end insert—
	“( )     Regulations by virtue of subsection (1) which make provision
	about the suspension of the registration of an early years
	provider or a later years provider with a childminder agency
	must include provision conferring on the registered provider a
	right of appeal to the Tribunal against suspension.”
162	Page 178, line 17, leave out sub-paragraph (3)
163	Page 178, line 24, leave out sub-paragraph (4)
164	Page 179, line 32, leave out “member,”
165	Page 179, line 32, after “of” insert “, or partner in,”
166	Page 179, line 34, leave out “or otherwise work for such an agency.” and insert “be
	a member of the governing body of such an agency, or otherwise be directly
	concerned in the management of such an agency, or”
167	Page 179, line 34, at end insert—
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	“(d)     work for such an agency in any capacity which involves
	entering premises on which early years provision or later
	years provision is being provided.”
168	Page 179, line 34, at end insert—
	“(1A)     No early years childminder agency or later years childminder
	agency may employ a person who is disqualified from
	registration by regulations under section 76A in any capacity
	which involves—
	(a)     being directly concerned in the management of an early
	years childminder agency or a later years childminder
	agency, or
	(b)     entering premises on which early years provision or later
	years provision is being provided.”
169	Page 179, leave out lines 35 to 40
170	Page 179, line 41, leave out “(2)” and insert “(1A)”
171	Page 179, line 41, at end insert—
	“( )     A person (“P”) who contravenes subsection (1A) is not guilty of
	an offence under subsection (3) if P proves that P did not know,
	and had no reasonable grounds for believing, that the person
	whom P was employing was disqualified from registration.”
172	Page 181, line 33, leave out “member,”
173	Page 181, line 33, after “of” insert “, or partner in,”
174	Page 181, line 34, after “agency,” insert “a member of its governing body or
	otherwise directly concerned in the management of the agency,”
175	Page 183, line 20, at end insert—
	“   (1)   Section 87 (offences by bodies corporate) is amended as follows.
	(2)   In subsection (1) for “This section” substitute “Subsection (2)”.
	(3)   After subsection (2) insert—
	“(3)     Subsection (4) applies where any offence under this Part is
	committed by a partnership.
	(4)     If the offence is proved to have been committed with the consent
	or connivance of, or to be attributable to any neglect on the part
	of, any partner, that partner (as well as the partnership) is guilty
	of the offence and liable to be proceeded against and punished
	accordingly.”
	(4)   In the title, at the end insert “and partnerships”.”
In the Title
176	Line 2, after “needs” insert “or disabilities”
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