Children and Families Bill

Insert the following new Clause—

“Offence of failing to prevent smoking in a private vehicle when children are
present

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

(2)   After section 8 insert—

“8A Offence of failing to prevent smoking in a private vehicle when
children are present

(1)   It is the duty of any person who drives a private vehicle to ensure
that that vehicle is smoke-free whenever a child or children under
the age of 18 are in such vehicle or part of such vehicle.

(2)   A person who fails to comply with the duty in subsection (1)
commits an offence.

(3)   A person convicted of an offence under this section who has not
previously been convicted of such an offence shall have the option
of attending a smoke-free driving awareness course in place of
paying a fine under subsection (4).

(4)   A person who does not wish to attend an awareness course or who
has previously been convicted of an offence under this section is
liable on summary conviction to a fine of £60.

(5)   The Secretary of State may introduce regulations to alter the level of
penalty payable under subsection (4).

(6)   The Secretary of State shall update all relevant regulations
regarding the offence created under subsection (2) within six
months of this section coming into force.

(7)   The Secretary of State shall introduce regulations within six months
of this section coming into force to prescribe the format of the
awareness course in subsection (3).”

(3)   In section 79(4)(a), for “or 8(7)” substitute “, 8(7), or 8A(5)”.”

Insert the following new Clause—

“Children’s health: standardised tobacco packaging

(1)   The Tobacco Advertising and Promotion Act 2002 is amended as follows.

(2)   After section 12 (television and radio broadcasting), insert—

“12A           Children’s health: standardised packaging

(1)   The Secretary of State may, if satisfied that doing so is in the
interests of preventing harm to the health of children under the age
of 18 or of promoting the health of children under the age of 18,
make regulations specifying retail tobacco packaging requirements.

(2)   Regulations made under subsection (1) may provide that retail
packaging or tobacco products of any such description, or falling
within any such class as may be specified in the regulations, shall
not, except in such circumstances as may be so specified, be of any
such colour or shape, or display any such mark or trade mark, or
any other particulars as may be so specified.

(3)   A person is guilty of an offence if—

(a)   in the course of a business he or she owns or manages retail
or commercial premises or a leisure facility;

(b)   he or she sells or supplies products which might reasonably
be expected to attract, or be aimed at, children under the age
of 18;

(c)   he or she sells or supplies, or has in the premises or facility
for sale or supply, any tobacco product; and

(d)   the retail packaging of the tobacco product does not comply
with a specified retail tobacco packaging requirement.

(4)   In this section—

“container” includes any pack, carton, box, tin, packet, bag,
pouch, tube or other container;

“retail packaging” means—

(a)   container for retail sale in which a tobacco product is
directly placed;

(b)   any container for retail sale that contains a smaller
container in which a tobacco product is directly
placed;

(c)   any cigarette paper in which tobacco is contained
and anything else forming part of a cigarette other
than the tobacco;

(d)   any plastic or other wrapper that covers any retail
packaging of the type described in paragraphs (a) to
(c);

(e)   any plastic or other wrapper that covers a tobacco
product, being a tobacco product that is for retail
sale; or

(f)   anything (other than a tobacco product) that is
placed inside or is affixed or otherwise attached to
retail packaging of the type described in paragraphs
(a) to (e) but does not include the lining of a cigarette
pack if the lining complies with retail packaging
requirements;

a “retail tobacco packaging requirement” is a requirement
relating to any of the following particulars—

(a)   the colour of retail packaging;

(b)   the shape and material of retail packaging;

(c)   trade marks or registered trade marks displayed on
retail packaging;

(d)   trade marks or registered trade marks displayed on
retail packaging;

(e)   the labelling of or on packages, packaging or tobacco
products, or associated with retail packaging or
tobacco products;

(f)   the contents of retail packaging (including the shape
and size of tobacco products);

(g)   any covert or overt markings, coded numbering or
any other security features on retail packaging or
tobacco products;

(h)   any other particulars relating to retail packaging or
tobacco products as may be prescribed by the
Secretary of State;

a “specified retail packaging requirement” is a retail tobacco
packaging requirement specified in regulations made under
subsection (1);

“trade mark” and “registered trade mark” have the same
meaning as in section 1 of the Trade Marks Act 1994.””

Line 6, leave out “may” and insert “must”

Line 10, leave out “may” and insert “must”

Insert the following new Clause—

“Children’s rights duty

Any person whose functions are of a public nature must in the exercise of
his or her functions have due regard to the need to—

(a)   respect, protect and fulfil children’s rights; and

(b)   actively seek and give due weight to the views of children in
matters affecting them.”

[Withdrawn]

Page 189, line 13, leave out “may” and insert “must”

Page 59, line 10, at end insert—

“(7)   Entitlements provided by regulations made under this section may
be transferred to another family member or other related party in
the following exceptional circumstances—

(a)   where a mother is incapacitated;

(b)   where a medical practitioner prescribes that the mother is
unable to look after the child; or

(c)   where the mother dies in childbirth.”

Page 60, leave out lines 9 and 10 and insert—

“(8)   Regulations under section 75E may provide for the taking of leave
under section 75E in a single period, or in non-consecutive periods,
or in periods shorter than the period which constitutes, for the
employee, a week’s leave.”

Page 66, line 38, at end insert—

“( )   Where, during an employee’s shared parental leave, it is not
reasonably practicable by reason of redundancy for the employer to
continue to employ him or her under an existing contract of
employment, the employee is entitled to be offered a suitable
alternative vacancy that arises during the shared parental leave
period.

( )   The shared parental leave period means the period from the date of
notification of intention to take shared parental leave, ending at 52
weeks from the birth of the employee’s baby.

( )   Where there is a suitable alternative vacancy with the employer or
his successor or an associated employer, it must be offered before
the end of the existing contract of employment and takes effect
immediately on the ending of the previous contract.

( )   The new contract of employment must be both suitable work for the
employee and appropriate for him or her to do in the circumstances
and its provisions as to the capacity and place in which he or she is
to be employed, and as to the other terms and conditions of
employment are not substantially less favourable than if he or she
had continued to be employed under the previous contract.”

Page 66, line 39, leave out “may” and insert “must”

Page 66, line 43, leave out “may” and insert “must”

Insert the following new Clause—

“Rights to father quota of leave

(1)   In Part 8 of the Employment Rights Act 1996, after section 80E insert—

“80EA            Entitlement to father quota

(1)   The Secretary of State may make regulations entitling an employee
who satisfies specified conditions as to the relationship with a child
or expected child or with the child’s mother to be absent from work
on leave under this subsection for the purpose of caring for the
child.

(2)   Regulations under subsection (1) shall provide that such leave shall
be taken before the end of a period of 56 weeks beginning with the
date of the child’s birth.

(3)   Provision under subsection (1) shall secure that where an employee
is entitled to leave under this section in respect of a child he is
entitled to at least four weeks’ leave.”

(2)   In the Social Security Contributions and Benefits Act 1992, after section
171ZT insert—

“171ZTA        Entitlement to father quota

(1)   Regulations shall provide that where an employee is entitled to a
father quota of leave under section 75E of the Employment Rights
Act 1996, the employee is to be entitled to payments known as
“father quota pay”.

(2)   Father quota pay under subsection (1) shall be at the earnings
related weekly rate of 90 per cent of the employee’s average
earnings for the first six weeks in respect of which it is payable,
followed by a fixed weekly rate thereafter which shall not be less
than the weekly rate of the full time national minimum wage in
respect of the remaining portion of the father quota pay period.””

Insert the following new Clause—

“Right to return to the same job after shared parental leave

(1)   An employee who returns to work after any period of—

(a)   ordinary maternity leave,

(b)   ordinary adoption leave,

(c)   paternity leave,

(d)   shared parental leave of 26 weeks or less, or

(e)   parental leave of four weeks or less, which was—

(i)   a period of isolated leave, or

(ii)   a consecutive period of any statutory leave under
subsection (1) of 26 weeks or less,

is entitled to return from leave to the job in which the employee was
employed before the employee’s absence.

(2)   An employee who returns to work after any period of—

(a)   additional maternity leave,

(b)   additional adoption leave,

(c)   parental leave of more than four weeks, or

(d)   a consecutive period of any statutory leave under subsection (1) of
more than 26 weeks,

is entitled to return from leave to the job in which the employee was
employed before the employee’s absence, or, if it is not reasonably
practicable for the employer to permit the employee to return to that job, to
another job which is both suitable for the employee and appropriate for the
employee to do in the circumstances.

(3)   The reference in subsections (1) and (2) to the job in which an employee was
employed before the employee’s absence is a reference to the job in which
the employee was employed—

(a)   if the employee’s return is from an isolated period of statutory
leave, immediately before that period began, or

(b)   if the employee’s return is from consecutive periods of statutory
leave, immediately before the first such period.”

Insert the following new Clause—

“Annual review of shared parental leave

As soon as reasonably practicable after the end of every year beginning
with the day on which this Act is passed, the Secretary of State must—

(a)   prepare a report on the operation of the shared parental leave
provisions in this Part of this Act, including a review of the take-up
of shared parental leave by fathers; and

(b)   lay a copy of that report before both Houses of Parliament.”

Page 68, line 24, at end insert—

“(za)   in subsection (2) at the end there is inserted “for each child born as
a result of the pregnancy in addition to the entitlement to allow the
Secretary of State to regulate for additional maternity leave under
section 73;”

Insert the following new Clause—

“Statutory maternity pay for multiple births

(1)   The Social Security Contributions and Benefits Act 1992 is amended as
follows.

(2)   In section 164 (statutory maternity pay—entitlement and liability to pay),
in subsection (9) after paragraph (a), there is inserted—

“(aa)   specify circumstances in which there is a liability to make
additional statutory maternity payments to a woman who
has given birth to more than one child as a result of a single
pregnancy;”.”

Leave out Clause 93 and insert the following new Clause—

“Statutory rights to leave and pay of prospective adopters with whom looked
after children are placed, special guardians and family and friends carers

(1)   In section 75A of the Employment Rights Act 1996 (ordinary adoption
leave), after subsection (1) there is inserted—

“(1A)    The conditions that may be prescribed under subsection (1) include
conditions as to—

(a)   being a local authority foster parent;

(b)   being approved as a prospective adopter;

(c)   being notified by a local authority in England that a child is
to be, or is expected to be, placed with the employee under
section 22C of the Children Act 1989;

(d)   becoming a special guardian under section 14A of the
Children Act 1989;

(e)   becoming a family and friends carer in prescribed
circumstances.”

(2)   In section 75B of the Employment Rights Act 1996 (additional adoption
leave), after subsection (1) there is inserted—

“(1A)    The conditions that may be prescribed under subsection (1) include
conditions as to—

(a)   becoming a special guardian under section 14A of the
Children Act 1989;

(b)   becoming a family and friends carer in prescribed
circumstances.”

(3)   In section 80B of the Employment Rights Act 1996 (entitlement to ordinary
paternity leave: adoption)—

(a)   in subsection (5), after paragraph (a) there is inserted—

“(aa)   make provision excluding the right to be absent on
leave under this section in the case of an employee
who, by virtue of provision under subsection (6A),
has already exercised a right to be absent on leave
under this section in connection with the same
child;”;

(b)   after subsection (6) there is inserted—

“(6A)    Regulations under subsection (1) shall include provision for
leave in respect of a child—

(a)   placed, or expected to be placed, under section 22C
of the Children Act 1989 by a local authority in
England with a local authority foster parent who has
been approved as a prospective adopter;

(b)   for whom a special guardian has been appointed
under section 14A of the Children Act 1989;

(c)   placed in a family and friends care arrangement in
prescribed circumstances.

(6B)   This section has effect in relation to regulations made by
virtue of subsection (6A) as if—

(a)   references to being placed for adoption were
references to being placed under section 22C of the
Children Act 1989 with a local authority foster
parent who has been approved as a prospective
adopter or to being placed with a special guardian
under section 14A of the Children Act 1989 or to
being placed in a family and friends care
arrangement in prescribed circumstances;

(b)   references to placement for adoption were
references to placement under section 22C or section
14A with such a person or to placement with a
family and friends carer in prescribed
circumstances;

(c)   paragraph (aa) of subsection (5) were omitted.”

(4)   In section 171ZB of the Social Security Contributions and Benefits Act 1992
(entitlement to ordinary statutory paternity pay: adoption), after
subsection (7) there is inserted—

“(8)   This section has effect in a case involving a child placed under
section 22C of the Children Act 1989 by a local authority in England
with a local authority foster parent who has been approved as a
prospective adopter, or placed with a special guardian under
section 14A of the Children Act 1989 or placed in a family and
friends care arrangement in prescribed circumstances, with the
following modifications—

(a)   the references in subsection (2) to a child being placed for
adoption under the law of any part of the United Kingdom
are to be treated as references to a child being placed under
section 22C in that manner or to being placed with a special
guardian under section 14A or to being placed in a family
and friends care arrangement in prescribed circumstances;

(b)   the reference in subsection (3) to the week in which the
adopter is notified of being matched with the child for the
purposes of adoption is to be treated as a reference to the
week in which the prospective adopter is notified that the
child is to be, or is expected to be, placed with the
prospective adopter under section 22C or the week the
special guardian is expected to be appointed or the week the
child is expected to be placed in a family and friends care
arrangement in prescribed circumstances;

(c)   the reference in subsection (6) to placement for adoption is
to be treated as a reference to placement under section 22C
of section 14A or to placement with a family and friends
carer in prescribed circumstances;

(d)   the definition in subsection (7) is to be treated as if it were a
definition of “prospective adopter” or “special guardian” or
“family and friends carer in prescribed circumstances”.

(9)   Where, by virtue of subsection (8), a person becomes entitled to
statutory paternity pay in connection with the placement of a child
under section 22C or 14A of the Children Act 1989 or placement
with a family and friends carer in prescribed circumstances, the
person may not become entitled to payments of statutory paternity
pay in connection with the placement of the child for adoption.”

(5)   In section 171ZE of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (11) there is inserted—

“(12)   Where statutory paternity pay is payable to a person by virtue of
section 171ZB(8), this section has effect as if—

(a)   the references in subsections (3)(b) and (10) to placement for
adoption were references to placement under section 22C or
14A of the Children Act 1989 or placement with a family and
friends carer in prescribed circumstances;

(b)   the references in subsection (10) to being placed for
adoption were references to being placed under section 22C
or 14A or to being placed with a family and friends carer in
prescribed circumstances.”

(6)   In section 171ZL of the Social Security Contributions and Benefits Act 1992
(entitlement to statutory adoption pay), after subsection (8) there is
inserted—

“(9)   This section has effect in a case involving a child who is, or is
expected to be, placed under section 22C of the Children Act 1989
by a local authority in England with a local authority foster parent
who has been approved as a prospective adopter, or placed with a
special guardian under section 14A of the Children Act 1989 or
placed in a family and friends care arrangement in prescribed
circumstances, with the following modifications—

(a)   the references in subsections (2)(a) and (4A)(a) to a child
being placed for adoption under the law of any part of the
United Kingdom are to be treated as references to a child
being placed under section 22C in that manner or to being
placed with a special guardian under section 14A or to
being placed in a family and friends care arrangement in
prescribed circumstances;

(b)   the reference in subsection (3) to the week in which the
person is notified that he has been matched with the child
for the purposes of adoption is to be treated as a reference to
the week in which the person is notified that the child is to
be, or is expected to be, placed with him under section 22C
or the week the special guardian is expected to be appointed
or the week the child is expected to be placed in a family and
friends care arrangement in prescribed circumstances;

(c)   the references in subsection (4B)(a) to adoption are to be
treated as references to placement under section 22C or 14A
or placement with a family and friends carer in prescribed
circumstances;

(d)   the reference in subsection (5) to placement, or expected
placement, for adoption is to be treated as a reference to
placement, or expected placement, under section 22C or
14A or placement with a family and friends carer in
prescribed circumstances.

(10)   Where, by virtue of subsection (9), a person becomes entitled to
statutory adoption pay in respect of a child who is, or is expected to
be, placed under section 22C or 14A of the Children Act 1989 or
placement with a family and friends carer in prescribed
circumstances, the person may not become entitled to payments of
statutory adoption pay as a result of the child being, or being
expected to be, placed for adoption.”

(7)   In section 171ZN of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (8) there is inserted—

“(9)   Where statutory adoption pay is payable to a person by virtue of
section 171ZL(9), this section has effect as if the reference in
subsection (2E) to the week in which the person is notified that he
has been matched with a child for the purposes of adoption were a
reference to the week in which the person is notified that a child is
to be, or is expected to be, placed with him under section 22C of the
Children Act 1989 or the week the special guardian is expected to
be appointed or the week the child is expected to be placed in a
family and friends care arrangement in prescribed circumstances.

(8)   In the Social Security Contributions and Benefits Act 1992—

(a)   in section 171ZJ(1), at the appropriate place there is inserted—

““local authority” has the same meaning as in the Children Act
1989 (see section 105(1) of that Act);”;

““local authority foster parent” has the same meaning as in the
Children Act 1989 (see section 22C(12) of that Act);”;

(b)   in section 171ZS(1), at the appropriate place there is inserted—

““local authority” has the same meaning as in the Children Act
1989 (see section 105(1) of that Act);”;

““local authority foster parent” has the same meaning as in the
Children Act 1989 (see section 22C(12) of that Act);”.”

Insert the following new Clause—

“Kinship carers’ adjustment leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work at any time during an adjustment leave period.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) above shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section he is entitled to at least four weeks’ leave, or for a longer period
to be prescribed.

(4)   An employee who exercises his rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he had not been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(5)   For the purposes of this section, an employee is a qualifying employee if he
is a family and friends (kinship) carer looking after a child full-time because
the parent(s) is unable to look after the child, in the first 12 months after the
child moves in.”

Insert the following new Clause—

“Carer’s leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work for a specified period to provide care for a child or vulnerable
adult.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) above shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section he is entitled to two week’s leave in any given year.

(4)   The leave may be taken in a two week block or part-time, with the
agreement of the employer.

(5)   An employee who exercises his rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he had not been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(6)   For the purposes of this section, an employee is a qualifying employee if he
has caring responsibilities for a child or vulnerable adult.”

Insert the following new Clause—

“Review of statutory rights to leave and pay for kinship carers and special
guardians

Before the end of one year beginning with the day on which this Act is
passed, the Secretary of State must—

(a)   carry out a review of the impact of the lack of statutory pay and
leave on kinship carers and special guardians remaining in
employment; and

(b)   publish, and lay before both Houses of Parliament, a report of the
conclusions of the review.”

Insert the following new Clause—

“Extension of emergency leave entitlement to grandparents

In section 57A(3) of the Employment Rights Act 1996 (time off for
dependants), after paragraph (d) there is inserted—

“(e)   a grandchild”.”

Insert the following new Clause—

“Parental bereavement leave

In the Employment Rights Act 1996, after section 57A there is inserted—

“57AA           Parental bereavement leave

(1)   The Secretary of State must make regulations entitling an employee
who satisfies specified conditions—

(a)   as to duration of employment, and

(b)   as to relationship with a child,

to be absent from work on leave under this section in consequence
of the death of a child.

(2)   Regulations under subsection (1) shall secure that, where an
employee has a right to leave under this section, he or she is entitled
to a leave period of at least 2 weeks.

(3)   Regulations under subsection (1) shall secure that an employee who
exercises his or her right under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he or she had not
been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms
and conditions (except in so far as they are inconsistent with
subsection (1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(4)   In subsection (3)(a) “terms and conditions of employment”
includes—

(a)   matters connected with an employee’s employment
whether or not they arise under his or her contract of
employment; and

(b)   terms and conditions about remuneration.””

Insert the following new Clause—

“Review of the provisions of this Part

(1)   The Secretary of State must from time to time—

(a)   carry out a review of the provisions under this Part;

(b)   set out the conclusions of the review in a report; and

(c)   publish and lay a copy of the report before both Houses of
Parliament.

(2)   The report must in particular—

(a)   set out the objectives intended to be achieved by this Part including,
the objective of encouraging fathers to share in caring for their
children;

(b)   assess the extent to which these objectives are achieved for all
families including those with premature or multiple births; and

(c)   assess, having regard to the objectives set out in paragraph (a)—

(i)   the number of families having access to the provisions
under this Part and whether this could be increased;

(ii)   whether the amount of paid leave available to fathers
independently of any shared parental leave arrangements is
suitable;

(iii)   whether and how shared parental leave could be taken on a
part time basis.

(3)   The first report under subsection (1) must be published before the end of
three years beginning with the day on which this Part comes into force.”

Insert the following new Clause—

“Welfare of disabled children

(1)   The Children Act 1989 is amended as follows.

(2)   After section 23A insert—

“23AA           Welfare of disabled children

Regulations, subject to approval by resolution of both Houses of
Parliament, shall provide for those who care for disabled children
to have the same entitlement to a carer’s assessment as young carers
and adults caring for adults.””

Page 92, line 26, after “take” insert “reasonable”

Page 92, leave out lines 29 to 33

Page 92, line 33, at end insert—

“( )   The Secretary of State may, by regulations, provide for
circumstances in which subsections (2) and (3) do not apply in cases
where there is a severe medical need which requires further ante-
natal appointments or longer appointment periods.”

Page 94, line 7, at end insert—

“( )   Regulations under this section must be made by statutory
instrument.

( )   A statutory instrument containing regulations under this section
may not be made unless a draft of the instrument has been laid
before, and approved by resolution of, both Houses of Parliament.”

Page 95, line 21, after “take” insert “reasonable”

Page 95, leave out lines 25 to 29

Page 95, leave out lines 25 to 27 and insert—

“(2)   In relation to a singleton pregnancy, an employee is not entitled to
take time off for the purpose specified in subsection (1) on more
than two occasions, and in relation to a multiple pregnancy, an
employee is not entitled to take time off for the purpose specified in
subsection (1) on more than six occasions.”

Page 95, line 33, at end insert—

“( )   The Secretary of State may, by regulations, provide for
circumstances in which subsections (2) and (3) do not apply in cases
where there is a severe medical need which requires further ante-
natal appointments or longer appointment periods.”

Page 97, line 2, at end insert—

“( )   Regulations under this section must be made by statutory
instrument.

( )   A statutory instrument containing regulations under this section
may not be made unless a draft of the instrument has been laid
before, and approved by resolution of, both Houses of Parliament.”

Page 112, line 10, leave out “If an employer allows an employee to appeal” and
insert “Where an employee appeals”

Page 112, line 34, leave out “the employer allow the employee to appeal” and insert
“an employee appeals”

Lord Stevenson of Balmacara gives notice of his intention to oppose the Question that
Clause 104 stand part of the Bill.

Insert the following new Clause—

“PART 8A

CHILDREN PARTICIPATION IN PERFORMANCES

Children participation in performances

(1)   Section 25 of the Children and Young Persons Act 1933 (restrictions on
persons under eighteen going abroad for the purpose of performing for
profit) is amended as follows.

(2)   For subsection (1)(a) substitute—

“(a)   for the purposes of taking part in a performance to which
section 37(2) of the Children and Young Persons Act 1963
applies,”.

(3)   In subsection (1)—

(a)   for “this section” substitute “section 37 of the Children and Young
Persons Act 1963”,

(b)   omit paragraph (a) and after “granted in respect of him under” omit
“this” and after “section” insert “37 of the Children and Young
Persons Act 1963”.

(4)   Subsections (2) to (11) of the Children and Young Persons Act 1933 are
omitted.

(5)   Section 37 of the Children and Young Persons Act 1963 (restrictions on
persons under 16 taking part in public performances, etc.) is amended as
follows.

(6)   After subsection (2) insert—

“(2A)    For the purposes of subsection (2), a performance does not include
participation in—

(a)   filming by private individuals for uploading onto the
internet for transmission (“user generated content”);

(b)   observational documentaries in which the child’s life and
routine remains to a significant degree the same as it would
have been had filming not been taking place;

(c)   unplanned and spontaneous filming where parental
consent is subsequently obtained for the purposes of
broadcasting;

(d)   filming in the context of news and current affairs
journalism, or filming in the public interest in circumstances
where it is not practicable to apply for a licence, without
prejudice to the effect of sections 39 and 49; or

(e)   any further category as the Secretary of State may specify by
way of regulations.”

(7)   After subsection (3) insert—

“(3A)    Where subsection (2A)(b) to (e) applies such that no licence is
required, the person responsible for filming the child shall carry out
an assessment of risk prior to the filming taking place, save where
it is not possible to do so, in which case such a risk assessment must
be carried out as soon as possible after such filming takes place.”

(8)   In subsection (4) after “will not suffer” insert “and in particular, that the
child would not be subjected to any risk beyond that involved in the
ordinary course of their life”.

(9)   In subsection (5) after “imposed by the authority” insert “; such conditions
shall however, seek to minimise any differences in conditions imposed in
relation to different media and any such differences must be necessary and
objectively justified for the purposes of protecting the child against a
specified risk, and in particular, regulations shall not prohibit the recording
or broadcast of live performances where the child’s participation in that
live performance is permitted by the relevant licence”.

(10)   After subsection (1)(b) insert—

“(c)   go abroad for the purposes of a performance to which
subsection 2 applies save that this subsection shall not apply
in any case where it is proved that the child was only
temporarily resident within the United Kingdom.”

(11)   Section 38 is repealed.

(12)   Section 42 is repealed.”

Insert the following new Clause—

“Promoting flexible working: review

(1)   Before the end of one year beginning with the day on which this Act is
passed, the Secretary of State must—

(a)   carry out a review looking into ways of promoting flexible working;
and

(b)   publish, and lay before both Houses of Parliament, a report of the
conclusions of the review.

(2)   A review under subsection (1) will consider in particular—

(a)   how to promote the right to request flexible working among
employees;

(b)   how to encourage employers to discuss flexible working at the
earliest opportunity; and

(c)   whether all advertisements for employment opportunities in the
public sector should specify the possibility of discussing flexible
working at interview.”

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), or

(c)   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.”

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under section 4,”

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under section 49,”

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under section 51(4),”

Page 114, line 36, after “legislation” insert “, or a statutory instrument containing
an order under sections 54 and 55,”

Page 116, line 5, after “18” insert “, (Local authority functions relating to children etc:
intervention)”

Page 116, line 5, after “18” insert “, (Objectives and standards for establishments and
agencies in England)”

Page 116, line 5, after “18” insert “, (National minimum standards for establishments
and agencies in England)”

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”