Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 3 March 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

[R] Relevant registered interest declared

 

Consideration of Bill (Report Stage)


 

Children and Social Work Bill [Lords], As


 

Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New ClauseS

 

Secretary Justine Greening

 

NC15

 

To move the following Clause—

 

         

“Education relating to relationships and sex

 

(1)    

The Secretary of State must by regulations make provision requiring—

 

(a)    

relationships education to be provided to pupils of compulsory school

 

age receiving primary education at schools in England;

5

(b)    

relationships and sex education to be provided (instead of sex education)

 

to pupils receiving secondary education at schools in England.

 

(2)    

The regulations must include provision—

 

(a)    

requiring the Secretary of State to give guidance to proprietors of schools

 

in relation to the provision of the education and to review the guidance

10

from time to time;

 

(b)    

requiring proprietors of schools to have regard to the guidance;


 
 

Notices of Amendments: 3 March 2017                     

2

 

Children and Social Work Bill-[Lords], continued

 
 

(c)    

requiring proprietors of schools to make statements of policy in relation

 

to the education to be provided, and to make the statements available to

 

parents or other persons;

15

(d)    

about the circumstances in which a pupil (or a pupil below a specified

 

age) is to be excused from receiving relationships and sex education or

 

specified elements of that education.

 

(3)    

The regulations must provide that guidance given by virtue of subsection (2)(a)

 

is to be given with a view to ensuring that when relationships education or

20

relationships and sex education is given—

 

(a)    

the pupils learn about—

 

(i)    

safety in forming and maintaining relationships,

 

(ii)    

the characteristics of healthy relationships, and

 

(iii)    

how relationships may affect physical and mental health and

25

well-being, and

 

(b)    

the education is appropriate having regard to the age and the religious

 

background of the pupils.

 

(4)    

The regulations may make further provision in connection with the provision of

 

relationships education, or relationships and sex education.

30

(5)    

Before making the regulations, the Secretary of State must consult such persons

 

as the Secretary of State considers appropriate.

 

(6)    

The regulations may amend any provision (including provision conferring

 

powers) that is made by or under—

 

(a)    

section 342 of the Education Act 1996;

35

(b)    

Chapter 4 of Part 5 of the Education Act 1996;

 

(c)    

Schedule 1 to the Education Act 1996;

 

(d)    

Part 6 of the Education Act 2002;

 

(e)    

Chapter 1 of Part 4 of the Education and Skills Act 2008;

 

(f)    

the Academies Act 2010.

40

(7)    

Any duty to make provision by regulations under subsection (1) may be

 

discharged by making that provision by regulations under another Act, so long as

 

the Secretary of State consults such persons as the Secretary of State considers

 

appropriate before making the regulations under that Act.

 

(8)    

The provision that may be made by regulations under subsection (1) by virtue of

45

section 70 includes, in particular, provision amending, repealing or revoking any

 

provision made by or under any Act or any other instrument or document

 

(whenever passed or made).

 

(9)    

Regulations under subsection (1) which amend provision made by or under an

 

Act are subject to the affirmative resolution procedure.

50

(10)    

Other regulations under subsection (1) are subject to the negative resolution

 

procedure.

 

(11)    

Expressions used in this section, where listed in the left-hand column of the table

 

in section 580 of the Education Act 1996, are to be interpreted in accordance with

 

the provisions of that Act listed in the right-hand column in relation to those

55

expressions.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to make regulations requiring relationships

 

education to be taught in primary schools in England and requiring relationships and sex

 

education to be taught in secondary schools in England. The duties would apply in relation to

 

Academy schools and independent schools as well as maintained schools.


 
 

Notices of Amendments: 3 March 2017                     

3

 

Children and Social Work Bill-[Lords], continued

 
 

As Amendments to Secretary Justine Greening’s proposed New Clause (Education

 

relating to relationships and sex) (NC15):—

 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(b)

 

Parliamentary Star - white    

Line  10,  leave out “from time to time” and insert “at least once in every three year

 

period”

 

Member’s explanatory statement

 

This amendment would require guidance in relation to the provision of relationships and sex

 

education to be reviewed at least once every three years, rather than from time to time.

 

Sir Edward Leigh

 

Philip Davies

 

(a)

 

Parliamentary Star - white    

Line  15,  leave out paragraph (d) and insert—

 

“(d)    

to allow a parent of any pupil receiving relationships education or

 

relationships and sex education to request that the pupil be wholly or

 

partly excused from receiving that education and for the pupil to be so

 

excused.”

 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(c)

 

Parliamentary Star - white    

Line  17,  at end insert—

 

“(e)    

about arrangements for inspecting the quality of teaching of relationships

 

and sex education at schools in England.”

 

Member’s explanatory statement

 

This amendment would require the regulations to make provision about inspecting the quality of

 

teaching of regulations and sex education.

 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(d)

 

Parliamentary Star - white    

Line  29,  at end insert—

 

“(4A)    

The Secretary of State must review the regulations at least three years after they

 

come into force and once in every three year period thereafter.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to review the regulations at least three years

 

after they come into force and at least every three years thereafter.


 
 

Notices of Amendments: 3 March 2017                     

4

 

Children and Social Work Bill-[Lords], continued

 
 

Mrs Maria Miller

 

Mr David Burrowes

 

Mr Bernard Jenkin

 

(e)

 

Parliamentary Star - white    

Line  29,  at end insert—

 

“(4A)    

The Secretary of State must review the regulations from time to time.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to review the regulations from time to time.

 


 

Secretary Justine Greening

 

NC16

 

To move the following Clause—

 

         

“Other personal, social, health and economic education

 

(1)    

The Secretary of State may by regulations make provision requiring personal,

 

social, health and economic education (beyond that required by virtue of section

 

[Education relating to relationships and sex]) to be provided—

 

(a)    

to pupils of compulsory school age receiving primary education at

 

schools in England;

 

(b)    

to pupils receiving secondary education at schools in England.

 

(2)    

The regulations may include—

 

(a)    

provision requiring the Secretary of State to give guidance to proprietors

 

of schools in relation to the provision of the education;

 

(b)    

provision requiring proprietors of schools to have regard to that

 

guidance;

 

(c)    

provision requiring proprietors of schools to make statements of policy

 

in relation to the education to be provided, and to make the statements

 

available to parents or other persons;

 

(d)    

further provision in connection with the provision of the education.

 

(3)    

Before making the regulations, the Secretary of State must consult such persons

 

as the Secretary of State considers appropriate.

 

(4)    

The regulations may amend any provision (including provision conferring

 

powers) that is made by or under—

 

(a)    

section 342 of the Education Act 1996;

 

(b)    

Chapter 4 of Part 5 of the Education Act 1996;

 

(c)    

Schedule 1 to the Education Act 1996;

 

(d)    

Part 6 of the Education Act 2002;

 

(e)    

Chapter 1 of Part 4 of the Education and Skills Act 2008;

 

(f)    

the Academies Act 2010.

 

(5)    

The provision that may be made by regulations under subsection (1) by virtue of

 

section 70 includes, in particular, provision amending, repealing or revoking any

 

provision made by or under any Act or any other instrument or document

 

(whenever passed or made).

 

(6)    

Regulations under subsection (1) which amend provision made by or under an

 

Act are subject to the affirmative resolution procedure.

 

(7)    

Other regulations under subsection (1) are subject to the negative resolution

 

procedure.


 
 

Notices of Amendments: 3 March 2017                     

5

 

Children and Social Work Bill-[Lords], continued

 
 

(8)    

Expressions used in this section, where listed in the left-hand column of the table

 

in section 580 of the Education Act 1996, are to be interpreted in accordance with

 

the provisions of that Act listed in the right-hand column in relation to those

 

expressions.

 

(9)    

A power to make provision under this section does not limit any power to make

 

provision of the same kind under another Act.”

 

Member’s explanatory statement

 

This new clause would enable the Secretary of State to make regulations requiring personal,

 

social, health and economic education to be provided at schools in England. The power could be

 

exercised in relation to all schools, or just in relation to schools of a particular kind, for example

 

Academy schools and maintained schools.

 


 

Secretary Justine Greening

 

NC17

 

To move the following Clause—

 

         

“Ensuring adequate provision of social work training

 

(1)    

The Secretary of State may take such steps as the Secretary of State considers

 

appropriate—

 

(a)    

to ensure that adequate provision is made for social work training, and

5

(b)    

to encourage individuals resident in England to undertake social work

 

training.

 

(2)    

The power under subsection (1) may, in particular, be used to provide financial

 

or other assistance (subject to any conditions the Secretary of State thinks are

 

appropriate)—

10

(a)    

for individuals resident in England to undertake social work training;

 

(b)    

for organisations providing social work training.

 

(3)    

Functions of the Secretary of State under this section may be exercised by any

 

person, or by employees of any person, authorised to do so by the Secretary of

 

State.

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(4)    

For the purpose of determining—

 

(a)    

the terms and effect of an authorisation under subsection (3), and

 

(b)    

the effect of so much of any contract made between the Secretary of State

 

and the authorised person as relates to the exercise of the function,

 

    

Part 2 of the Deregulation and Contracting Out Act 1994 has effect as if the

20

authorisation were given by virtue of an order under section 69 of that Act; and

 

in subsection (3) “employee” has the same meaning as in that Part.

 

(5)    

In this section “social work training” means education or training that is suitable

 

for people who are or wish to become social workers in England.”

 

Member’s explanatory statement

 

This new clause is intended to replace the Secretary of State’s powers under section 67 of the Care

 

Standards Act 2000 in respect of social workers.


 
 

Notices of Amendments: 3 March 2017                     

6

 

Children and Social Work Bill-[Lords], continued

 
 

As an Amendment to Secretary Justine Greening’s proposed New Clause (Ensuring

 

adequate provision of social work training) (NC17):—

 

Mrs Emma Lewell-Buck

 

(a)

 

Parliamentary Star - white    

Line  4,  after “training,” insert “including initial social work training provided

 

within or accredited by a Higher Education Institution”

 

Member’s explanatory statement

 

This amendment would mean that steps taken to ensure adequate provision for social work training

 

included initial social work training provided within, or accredited by, a Higher Education

 

Institution.

 


 

Secretary Justine Greening

 

NC18

 

To move the following Clause—

 

         

“Exercise by Special Health Authority of functions under section (Ensuring

 

adequate provision of social work training)(1)(b)

 

(1)    

The Secretary of State may direct a Special Health Authority to exercise functions

 

under section (Ensuring adequate provision of social workers)(1)(b) so far as

 

relating to the provision of financial or other assistance.

 

(2)    

The National Health Service Act 2006 has effect as if—

 

(a)    

any direction under subsection (1) were a direction under section 7 of that

 

Act, and

 

(b)    

any functions exercisable by the Special Health Authority by virtue of a

 

direction under subsection (1) were exercisable under that section.

 

(3)    

Directions under subsection (1)—

 

(a)    

must be given by an instrument in writing, and

 

(b)    

may be varied or revoked by subsequent directions.”

 

Member’s explanatory statement

 

This new clause is based on section 67A of the Care Standards Act 2000 and allows the Secretary

 

of State to require a Special Health Authority to exercise the function of giving financial assistance

 

to social workers.

 



 
 

Notices of Amendments: 3 March 2017                     

7

 

Children and Social Work Bill-[Lords], continued

 
 

Secretary Justine Greening

 

NC19

 

To move the following Clause—

 

         

“Amendments to do with this Part

 

Schedule (Amendments to do with Part 2) contains further minor and

 

consequential amendments relating to this Part.”

 

Member’s explanatory statement

 

This introduces NS1.

 


 

Stella Creasy

 

Kate Green

 

Helen Hayes

 

NC1

 

To move the following Clause—

 

         

“Safeguarding: provision of personal, social and health education

 

(1)    

For the purpose of safeguarding and promoting the welfare of children a local

 

authority in England must ensure that pupils educated in their area receive

 

appropriate personal, social and health education.

 

(2)    

For the purposes of subsection (1) “personal, social and health education” must

 

include but shall not be restricted to—

 

(a)    

sex and relationships education,

 

(b)    

same-sex relationships,

 

(c)    

sexual consent,

 

(d)    

sexual violence,

 

(e)    

online and offline personal safety, and

 

(f)    

domestic violence and forms of abuse.

 

(3)    

Targeted inspections carried out by the Office for Standards in Education,

 

Children’s Services and Skills (Ofsted) under section 136 of the Education and

 

Inspections Act 2006 shall include an assessment of the provision of personal,

 

social and health education under subsection (1), including whether the

 

information provided to pupils is—

 

(a)    

accurate and balanced,

 

(b)    

age-appropriate,

 

(c)    

inclusive,

 

(d)    

factual, and

 

(e)    

religiously diverse.

 

(4)    

Assessments made under subsection (3) must include an evaluation of any

 

arrangements for pupils of sufficient maturity to request to be wholly or partly

 

excused from participating in personal, social and health education.

 

(5)    

For the purpose of subsection (4) “sufficient maturity” shall be defined in

 

guidance by the Secretary of State.

 

(6)    

Withdrawal from personal, social and health education by pupils under

 

subsection (4) shall not be considered a breach of the safeguarding duties of a

 

local authority.


 
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Revised 03 March 2017