Children and Families Bill

to be moved
in grand committee

[Supplementary to the Tenth Marshalled List]

After Clause 76



Insert the following new Clause—

“Discharge of authority’s duty to secure free early years provision

(1)   Part 1 of the Childcare Act 2006 (general functions of local authorities in
England in relation to childcare) is amended as follows.

(2)   After section 7 (duty to secure early years provision free of charge in
accordance with regulations) insert—

“7A Discharge of duty under section 7

(1)   Regulations may require an English local authority to discharge its
duty to a young child under section 7 by making arrangements
which secure that an early years provider chosen by a parent of the
child provides the early years provision to which the child is
entitled in cases where—


(a)   the early years provider is willing to provide it, and

(b)   the early years provider is also willing to accept—

(i)   any terms as to the payments which would be made
to him or her in respect of the provision, and

(ii)   any requirements which would be imposed in
respect of it.

(2)   Arrangements made by an authority to satisfy any requirement
imposed under subsection (1) may be made with an early years
provider or with an early years childminder agency or any other
person who is able to arrange for an early years provider to provide
early years provision.

(3)   The regulations may provide that such a requirement—

(a)   applies only if the early years provider is of a prescribed

(b)   applies only if the early years provision provided by the
early years provider is of a prescribed description;

(c)   does not apply in prescribed circumstances.

(4)   The regulations may provide that arrangements made by an
authority for the purpose of complying with such a requirement
must include provision allowing the local authority to terminate the
arrangements in prescribed circumstances.

(5)   In this section—

“early years childminder agency” and “early years provider”
have the same meanings as in Part 3;

“parent” has the same meaning as in section 2.”

(3)   After section 9 (arrangements between local authority and childcare
providers) insert—

“9A Arrangements made by local authorities for the purposes of
section 7

Regulations may provide that arrangements made by an English
local authority for the purpose of discharging its duty under section

(a)   may impose requirements on the person with whom the
arrangements are made only if the requirements are of a
prescribed description;

(b)   may not impose requirements of a prescribed description on
the person with whom the arrangements are made.””



[As an amendment to Amendment 240R]


Line 13, at end insert—

“( )   the overall effectiveness of the provision was awarded a
grade of “good” or better in its most recent early years
provision inspection report or childminder agency
inspection report;”

After Clause 85




Insert the following new Clause—

“Accountability of the Children’s Commissioner to Parliament

(1)   The Children’s Commissioner must report in person to the Joint
Committee on Human Rights annually on the exercise and performance of
his or her duties (an “annual accountability hearing”).

(2)   Regulations may make further provisions about annual accountability

Clause 89



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

( )   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.”

Clause 90



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”

After Clause 90



Insert the following new Clause—

“Statutory maternity pay for multiple births

The Social Security Contributions and Benefits Act 1992 is amended as

  In section 164 (statutory maternity pay—entitlement and liability to pay),
in subsection (9) 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

Prepared 9th November 2013