Children and Social Work Bill (HC Bill 121)

an order under subsection (4) above as they apply in relation to the
orders mentioned in section 168(3) or 169(1)(a) of that Act.””

3 In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children
to live abroad), after “does not apply” insert “—

(a) 5to a local authority placing a child in secure
accommodation in Scotland under section 25, or

(b) ”.”

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505S.I. 1991/1505)

4 The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505S.I. 1991/1505)
10are amended as follows.

5 In regulation 1—

(a) in the heading, for “and commencement” substitute “,
commencement and extent;

(b) the existing text becomes paragraph (1);

(c) 15after that paragraph insert—

“(2) This Regulation and Regulations 10 to 13 extend to England
and Wales and Scotland.

(3) Except as provided by paragraph (2), these Regulations
extend to England and Wales.””

6 20In regulation 2(1) (interpretation), in the definition of “children’s home”, for
the words from “means” to the end, substitute “means—

(a) a private children’s home, a community home or a voluntary home
in England, or

(b) an establishment in Scotland (whether managed by a local authority,
25a voluntary organisation or any other person) which provides
residential accommodation for children for the purposes of the
Children’s Hearings (Scotland) Act 2011, the Children (Scotland) Act
1995 or the Social Work (Scotland) Act 1968”.

7 For regulation 3 substitute—

“3 30Approval by Secretary of State of secure accommodation in a
children’s home

(1) Accommodation in a children’s home shall not be used as secure
accommodation unless —

(a) in the case of accommodation in England, it has been
35approved by the Secretary of State for that use;

(b) in the case of accommodation in Scotland, it is provided by a
service which has been approved by the Scottish Ministers
under paragraph 6(b) of Schedule 12 to the Public Services
Reform (Scotland) Act 2010.

(2) 40Approval by the Secretary of State under paragraph (1) may be given
subject to any terms and conditions that the Secretary of State thinks
fit.””

8 In regulation 17 (records), in the words before paragraph (a), after
“children’s home” insert “in England”.

Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205S.S.I. 2013 No. 205)

9 The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No.
205) are amended as follows.

10 In regulation 5 (maximum period in secure accommodation), after
5paragraph (2) insert—

“(3) This regulation does not apply in relation to a child placed in secure
accommodation in Scotland under section 25 of the Children Act
1989 (which allows accommodation in Scotland to be used for
restricting the liberty of children looked after by English and Welsh
10local authorities).””

11 In regulation 15 (records to be kept by managers of secure accommodation
in Scotland), after paragraph (2) insert—

“(3) The managers must provide the Secretary of State or Welsh
Ministers, on request, with copies of any records kept under this
15regulation that relate to a child placed in secure accommodation
under section 25 of the Children Act 1989 (which allows local
authorities in England or Wales to place children in secure
accommodation in Scotland).””

Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and
20Savings) Order 2013 (S.I. 2013 No. 1465S.I. 2013 No. 1465)

12 In Article 7 of the Children’s Hearings (Scotland) Act 2011 (Consequential
and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465S.I. 2013 No. 1465)
(compulsory supervision orders and interim compulsory supervision
orders), after paragraph (2) insert—

“(3) 25Where—

(a) a compulsory supervision order or interim compulsory
supervision order contains a requirement of the type
mentioned in section 83(2)(a) of the 2011 Act and a secure
accommodation authorisation (as defined in section 85 of that
30Act),

(b) the place at which the child is required to reside in
accordance with the order is a place in England or Wales, and

(c) by virtue of a decision to consent to the placement of the child
in secure accommodation made under article 16, the child is
35to be placed in secure accommodation within that place,

the order is authority for the child to be placed and kept in secure
accommodation within that place.””

Social Services and Well-being (Wales) Act 2014 (anaw 4)

13 In section 124(9) of the Social Services and Well-being (Wales) Act 2014
40(anaw 4) (restrictions on arrangements for children to live outside England
and Wales), after “does not apply” insert “—

(a) to a local authority placing a child in secure accommodation
in Scotland under section 25 of the Children Act 1989, or

(b) ”.”

Saving for existing powers

14 The amendments made by this Schedule to provisions of subordinate
legislation do not affect the power to make further subordinate legislation
amending or revoking the amended provisions.

Sections 11 and 31

5SCHEDULE 2 Part 1 of this Act: consequential amendments

Part 1 Amendment relating to Chapter 1

Local offer for care leavers

1 10In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions of local authorities), in the table, at the appropriate place insert—

2 In paragraph 1(2)(a) of Schedule 2 to the Children Act 1989 (information to
be published by a local authority), in paragraph (i), for “, 23B to 23D, 24A
and 24B” substitute “and 23D”.

3 In section 135(1)(e) of the Education and Inspections Act 2006 (functions
20subject to inspection), for “or the Adoption and Children Act 2002 (c. 38)2002 (c. 38)”
substitute “, the Adoption and Children Act 2002 or section 2 of the Children
and Social Work Act 2017”.

4 In section 30 of the Children and Families Act 2014 (local offer for children
and young people who have special educational needs or a disability), for
25“local offer”, in each place it occurs (including the title), substitute “SEN and
disability local offer”.

Advice and support

5 In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and
Asylum Act 2002 (kinds of support for which certain people are ineligible),
30after “23C,” insert “23CZB,”.

6 In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning
Act 2009 (apprenticeship offer: application to persons provided with
support under Children Act 1989)—

(a) for “21” substitute “25”;

(b) 35after “23C” insert “or 23CZB”.

Part 2 Amendments relating to abolition of Local Safeguarding Children Boards

7 In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions of local authorities), in the entry relating to the Children Act
52004—

(a) for “13 to 16” substitute “16A to 16Q”;

(b) omit “targets for”;

(c) omit “, and to Local Safeguarding Children Boards”.

8 (1) Section 83 of the Children Act 1989 (research and returns of information) is
10amended as follows.

(2) In subsection (1), in paragraph (aa), for “of Local Safeguarding Children
Boards;” substitute “of—

(i) the Child Safeguarding Practice Review Panel;

(ii) safeguarding partners (within the meaning given by
15section 16E(3) of the Children Act 2004) in relation to
local authority areas in England;

(iii) child death review partners (within the meaning
given by section 16Q(2) of the Children Act 2004) in
relation to local authority areas in England;”.”

(3) 20In subsection (2) omit paragraph (aa).

(4) In subsection (3) omit paragraph (c) (and the “and” before it).

9 (1) Section 31 of the Children and Young Persons Act 2008 (supply of
information concerning deaths of children) is amended as follows.

(2) In subsections (2) and (4), for “appropriate Board” substitute “appropriate
25authority”.

(3) In subsection (5), for “Subsection (6) applies” substitute “Subsections (5A)
and (6) apply”.

(4) After subsection (5) insert—

“(5A) Where the registrar’s sub-district is in England, the registrar must,
30before the end of the required period, secure that the appropriate
authority is notified—

(a) of the issuing of the certificate; and

(b) of the registrar’s belief and the grounds for it.””

(5) In subsection (6)—

(a) 35at the beginning insert “Where the registrar’s sub-district is in
Wales,”;

(b) omit “Local Safeguarding Children Board in England or”.

(6) In subsection (7)(c), for “subsection” substitute “subsections (5A) and”.

(7) After subsection (8) insert—

“(8A) 40The child death review partners for each local authority area in
England must—

(a) make arrangements for the receipt by them of notifications
under this section; and

(b) publish those arrangements.””

(8) In subsection (9) omit “Each Local Safeguarding Children Board in England
and”.

(9) Subsection (10) is amended as follows.

(10) 5In the definition of “the appropriate Board”—

(a) for “Board” substitute “authority”;

(b) in paragraph (a), for “the Local Safeguarding Children Board in
England in whose area” substitute “in relation to a register kept for a
sub-district in England, the child death review partners for the local
10authority area within which”;

(c) in paragraph (b), at the beginning insert “in relation to a register kept
for a sub-district in Wales,”.

(11) At the appropriate place insert—

• “““child death review partners” has the meaning given by
  15section 16Q(2) of the Children Act 2004;”.”

(12) Omit the definition of “Local Safeguarding Children Board in England”.

Section 42

SCHEDULE 3 Social Work England

Status

1 (1) 20The regulator is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The members and staff of the regulator are not to be regarded as Crown
servants.

25Members

2 The regulator is to consist of—

(a) a chair appointed by the Secretary of State, and

(b) such other members as the Secretary of State may appoint.

Term of office

3 30A member holds and vacates office in accordance with the terms of the
member’s appointment (subject as follows).

4 A member may resign by giving written notice to the Secretary of State.

5 The Secretary of State may by notice in writing remove a member who—

(a) has without reasonable excuse failed to discharge the functions of his
35or her office, or

(b) in the opinion of the Secretary of State is otherwise unable or unfit to
carry out his or her duties.

Remuneration and pensions

6 The regulator may pay to the members such remuneration, allowances and
expenses as the Secretary of State may decide.

7 If required to do so by the Secretary of State, the regulator must—

(a) 5pay such pensions or gratuities to or in respect of any member as the
Secretary of State may decide;

(b) pay such sums as the Secretary of State may decide towards
provision for the payment of pensions or gratuities to or in respect of
any member.

10Staff

8 (1) The regulator must appoint a person to be chief executive, but may only
appoint a person who has been approved by the Secretary of State.

(2) The chief executive is an employee of the regulator.

(3) The Secretary of State may appoint the first chief executive.

9 15The regulator may appoint other staff.

10 (1) The regulator’s staff may be appointed on such terms, including relating to
remuneration and pension arrangements, as the regulator may decide.

(2) The regulator must obtain the Secretary of State’s approval for any terms
relating to remuneration or pension arrangements.

20Procedure

11 The regulator may determine its own procedure (including quorum).

12 No proceeding is invalidated by—

(a) a vacancy in the office of chair, or

(b) a defect in the appointment of any member.

25Delegation

13 (1) The regulator may delegate functions to a committee, sub-committee,
member or member of staff.

(2) The functions that may be delegated under sub-paragraph (1)—

(a) include the power conferred by that sub-paragraph, but

(b) 30do not include any power or duty to make rules.

14 (1) The regulator may delegate functions to any other person if—

(a) the regulator considers that the delegation is likely to lead to an
improvement in the exercise of its functions, and

(b) the person has agreed to the terms of the delegation.

(2) 35The functions that may be delegated under sub-paragraph (1) do not
include—

(a) the power conferred by that sub-paragraph, or

(b) any power or duty to make rules.

(3) The terms of a delegation under sub-paragraph (1) may include terms
requiring payments by the regulator.

15 (1) A function may be delegated under paragraph 13 or 14—

(a) wholly or partly;

(b) 5generally or only in specified circumstances;

(c) unconditionally or subject to specified conditions.

(2) A delegation does not prevent the regulator (or the person making the
delegation, if different) from exercising the function or making other
arrangements for its exercise.

(3) 10A delegation does not affect any liability or responsibility of the regulator for
the exercise of its functions.

Membership of committees and sub-committees

16 (1) A committee or sub-committee of the regulator may include persons who
are not members of the regulator.

(2) 15The regulator may pay such remuneration and allowances as the Secretary
of State may determine to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not a member or member of staff of the regulator.

Annual reports and accounts

17 20As soon as possible after the end of each financial year, the regulator must
send the Secretary of State a report on the exercise of its functions during the
year.

18 (1) The regulator must keep proper accounts and proper records in relation to
the accounts.

(2) 25The regulator must prepare a statement of accounts for each financial year.

(3) The statement must be in such form as the Secretary of State may direct.

(4) The regulator must send a copy of the statement to —

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

30within the time period directed by the Secretary of State.

(5) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) send a copy of the certified statement and of the report to the
Secretary of State as soon as possible.

19 35The Secretary of State must, in respect of each financial year, lay before
Parliament a document consisting of—

(a) the annual report sent under paragraph 17, and

(b) the certified statement of accounts and report sent under paragraph
18(5)(b).

20 40In paragraphs 17 to 19 “financial year” means—

(a) the period beginning with the day on which this Schedule comes
fully into force and ending with the following 31 March, and

(b) every subsequent period of 12 months ending with 31 March.

Application of seal and evidence

21 The application of the regulator’s seal must be authenticated by the
signature of—

(a) 5a member of the regulator, or

(b) any other person who is authorised (generally or specially) for that
purpose.

22 A document purporting to be duly executed under the seal of the
regulator—

(a) 10is to be received in evidence, and

(b) is to be treated as so executed unless the contrary is shown.

Disqualification

23 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), at the appropriate place
15insert—

• ““Social Work England.””

Freedom of information

24 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general), at the appropriate place insert—

• 20““Social Work England.””

Section 60

SCHEDULE 4 Oversight by the Professional Standards Authority for Health and Social
Care

1 The National Health Service Reform and Health Care Professions Act 2002
25is amended as follows.

2 In section 25 (the Professional Standards Authority for Health and Social
Care), in subsection (3), after paragraph (gb) (but before the “and” at the end)
insert—

“(gc) Social Work England”.”

3 (1) 30Section 25A (funding of the Authority) is amended as follows.

(2) In subsection (1), after “regulatory body” insert “, other than Social Work
England,”.

(3) At the end of the heading insert “by bodies other than Social Work England”.

4 After section 25A insert—

“25AA 35 Funding of the Authority by Social Work England

(1) The Secretary of State must by regulations require Social Work
England to pay the Authority periodic fees of such amount as the
Secretary of State determines in respect of such of the Authority’s

functions in relation to Social Work England as are specified in the
regulations.

(2) A reference in this section to the Authority’s functions does not
include a reference to its functions under section 26A.

(3) 5The regulations must, in particular, provide for the method of
determining the amount of a fee under the regulations.

(4) Before determining the amount of a fee under the regulations, the
Secretary of State must request the Authority to make a proposal as
to the amount of funding that it considers it requires in order to
10perform for the period to which the fee would apply such of its
functions in relation to Social Work England as are specified in the
regulations.

(5) The Authority must—

(a) comply with a request under subsection (4), but

(b) 15before doing so, consult Social Work England.

(6) Having received a proposal under subsection (5), the Secretary of
State may consult Social Work England.

(7) Having taken into account any representations from Social Work
England, the Secretary of State must—

(a) 20make a proposal as to the amount of funding that the
Secretary of State considers the Authority requires in order to
perform for the period to which the fee would apply such of
its functions in relation to Social Work England as are
specified in the regulations, and

(b) 25determine in accordance with the method provided for under
subsection (3) the amount of the fee that Social Work England
would be required to pay.

(8) The Secretary of State must—

(a) consult the Authority about the proposal under subsection
30(7)(a) and the determinations under subsection (7)(b), and

(b) consult Social Work England about the determination under
subsection (7)(b) of the amount it would be required to pay.

(9) Having taken into account such representations as it receives from
consultees, the Secretary of State must—

(a) 35determine the amount of funding that the Authority requires
in order to perform for the period to which the fee would
apply such of its functions in relation to Social Work England
as are specified in the regulations, and

(b) determine in accordance with the method provided for under
40subsection (3) the amount of the fee that Social Work England
is to be required to pay.

(10) Regulations under this section requiring payment of a fee may make
provision—

(a) requiring the fee to be paid within such period as is specified;

(b) 45requiring interest at such rate as is specified to be paid if the
fee is not paid within the period specified under paragraph
(a);

(c) for the recovery of unpaid fees or interest.

(11) The regulations may enable the Secretary of State to redetermine the
amount of a fee provided for under the regulations, on a request by
the Authority or Social Work England or on the Secretary of State’s
5own initiative.

(12) Before making regulations under this section, the Secretary of State
must consult—

(a) the Authority,

(b) Social Work England, and

(c) 10such other persons as the Secretary of State considers
appropriate.””

5 In section 25C (appointments to regulatory bodies) is amended as follows, in
subsection (7), after “Northern Ireland” insert “or Social Work England”.

6 (1) Section 25D (power of regulatory bodies to establish voluntary registers) is
15amended as follows.

(2) In subsection (1), after “regulatory body” insert “other than Social Work
England”.

(3) In subsection (2), omit paragraph (b) and the “or” before it.

7 In section 25E (section 25D: interpretation), omit subsections (10) and (11).

8 20In section 25F (establishment of voluntary register: impact assessment), in
subsection (3)(c), for “, users of social care in England and users of social
work services in England” substitute “and users of social care in England”.

9 In section 25G (power of the Authority to accredit voluntary registers), after
subsection (9) insert—

“(10) 25In this section “regulatory body” does not include Social Work
England.””

10 In section 25H (accreditation of voluntary register: impact assessment), in
subsection (3)(c), for “, users of social care in England and users of social
work services in England” substitute “and users of social care in England”.

11 30In section 25I (functions of the Authority in relation to accredited voluntary
registers), in subsection (1)(a), omit “, users of social work services in
England”.

12 (1) Section 26A (powers of Secretary of State and devolved administrations) is
amended as follows.

(2) 35In subsection (1D), omit paragraph (b).

(3) For subsection (1E) substitute—

“(1E) In subsection (1D), “unregulated social care worker in England” has
the meaning given in section 25E.””

13 In section 27 (regulatory bodies and the Authority), in subsection (2), after
40“regulatory body” insert “other than Social Work England”.

14 In section 28 (complaints), in subsection (1), after “regulatory body” insert
“other than Social Work England”.