Children and Families Bill (HL Bill 32)

(3) In the title, for “persons subject to learning difficulty assessment” substitute
“person for whom an EHC plan is maintained”.

51 In section 517 (payment of fees at schools not maintained by a local
authority), in subsection (1), for “or Part IV (special educational needs)”
5substitute “, Part 4 (special educational needs) or Part 3 of the Children and
Families Act 2013 (children and young people in England with special
educational needs)”.

52 (1) Section 532A (direct payments: persons with special educational needs or
subject to learning difficulty assessment) is amended as follows.

(2) 10In subsection (1)—

(a) after “(“the beneficiary”)” insert “for whom the authority maintain
an EHC plan.”, and

(b) omit paragraphs (a) and (b).

(3)
In subsection (2)—

(a) 15for paragraph (a) substitute—

“(a) special educational provision specified in the EHC
plan;”, and

(b) omit paragraph (b).

(4) In the title, omit “or subject to learning difficulty assessment”.

53 20In section 532B (direct payments: pilot schemes), in subsection (9) for
paragraph (a) substitute—

“(a) section 42(2) of the Children and Families Act 2013 (duty to
secure special educational provision in accordance with EHC
plan);”.

54 25In section 560A (work experience for persons over compulsory school age),
in subsection (1)(b) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

55 (1) Section 562C (detained persons with special educational needs) is amended
as follows.

(2) 30In subsection (1) after “local authority” insert “in England were maintaining
an EHC plan for a detained person, or a local authority in Wales”.

(3) In subsection (2) after “must” insert “maintain the plan or”.

(4) In subsection (4), in paragraph (a) after “specified in” insert “the plan or”.

56 (1) Section 562G (information to be provided where statement of special
35educational needs previously maintained) is amended as follows.

(2) In subsection (1) after “local authority” insert “in England were maintaining
an EHC plan for the person, or a local authority in Wales”.

(3) In subsection (3)—

(a) after “maintaining” insert “the plan or”, and

(b) 40after “copy of” insert “the plan or”.

(4) In subsection (4) for “a statement for the person under section 324,”
substitute “an EHC plan or a statement under section 324 for the person,”.

(5) In subsection (5)—

(a) after “maintaining” insert “the plan or”, and

(b) after “copy of” insert “the plan or”.

(6) In subsection (7), in paragraph (b) after “maintaining” insert “the EHC plan
or”.

(7) 5In subsection (8)—

(a) after “maintaining” insert “the plan or”, and

(b) in paragraph (a), for “a statement was being maintained for the
person by a local authority under section 324” substitute “an EHC
plan or a statement under section 324 was being maintained for the
10person by a local authority”.

(8)
In subsection (9) after “a copy of any” insert “plan or”.

57 (1) Section 562H (release of detained person appearing to host authority to
require assessment) is amended as follows.

(2) For subsection (2) substitute—

“(2) 15Subsection (3) applies where it appears to the host authority that—

(a) if the home authority are a local authority in England, the
detained person will, on release, be a child within the
meaning given in section 579(1);

(b) if the home authority are a local authority in Wales, the
20detained person will, on release, be a child within the
meaning given in section 312(5).”

(3) In subsection (5), in paragraph (a) after “learning difficulty” insert “or
disability”.

58 In section 579 (general interpretation)—

(a) 25in subsection (1), after the definition of “education functions”
insert—

• ““EHC plan” means a plan within section 37(2) of the
  Children and Families Act 2013;”,

(b) in subsection (1), after the definition of “school year” insert—

• 30““special educational needs”—

  (a)

  in relation to a child or person over
  compulsory school age but under 25 in the
  area of a local authority in England, has the
  meaning given by section 20(1) of the
  35Children and Families Act 2013;

  (b)

  in relation to a child in the area of a local
  authority in Wales, has the meaning given by
  section 312;

• “special educational provision”—

  (a)

  40in relation to a person in the area of a local
  authority in England, has the meaning given
  by section 21(1) and (2) of the Children and
  Families Act 2013;

  (b)

  in relation to a child in the area of a local
  45authority in Wales, has the meaning given by
  section 312(4);”,

(c) after subsection (1) insert—

“(1A) For the purposes of this Act a person is subject to learning
difficulty assessment if—

(a) an assessment under section 140 of the Learning and
5Skills Act 2000 (learning difficulty assessments:
Wales) has been conducted in respect of the person, or

(b) arrangements for such an assessment to be conducted
in respect of the person have been made or are
required to be made.”, and

(d) 10before subsection (4) insert—

“(3A) References in this Act to a person who is “in the area” of a
local authority in England do not include a person who is
wholly or mainly resident in the area of a local authority in
Wales.

(3B) 15References in this Act to a person who is “in the area” of a
local authority in Wales do not include a person who is
wholly or mainly resident in the area of a local authority in
England.”

59 In section 580 (index)—

(a) 20after the entry for “education functions” insert—

(b) after the entry for “interest in land” insert—

(c) for the entry for “learning difficulty” substitute—

(d) in the entry for “special educational needs”, in the second column for
35“section 312(1)” substitute “section 579(1)”,

(e) in the entry for “special educational provision”, in the second column
for “section 312(4)” substitute “section 579(1)”,

(f) in the entry for “special school”, in the second column for “sections
6(2) and” substitute “section”, and

(g) 40in the entry for “subject to learning difficulty assessment”, in the
second column for “section 13(4)” substitute “section 579(1A)”.

60 In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in
paragraph 15(3)—

(a) in paragraph (a) for “statement maintained for the child under
section 324” substitute “EHC plan maintained for the child”, and

(b) 5in paragraph (b) for “statement” substitute “plan”.

61 (1) In Schedule 36A (education functions), the table in paragraph 2 is amended
as follows.

(2) In the entry for the Disabled Persons (Services, Consultation and
Representation) Act 1986, in the second column after “child with” insert “an
10EHC plan or”.

(3) In the entry for the Learning and Skills Act 2000, omit the entry for section
139A.

Part 2 Amendments to other Acts

15Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

62 In Schedule 5 to the Local Government Act 1974 (matters not subject to
investigation by Local Commissioners), in paragraph 5(2)(b) for “by section
312” substitute “by section 579(1)”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

63 (1) 20In the Disabled Persons (Services, Consultation and Representation) Act
1986, section 5 (disabled persons leaving special education) is amended as
follows.

(2) In subsection (1)—

(a) in paragraph (a) after “needs)” insert “, or have maintained an EHC
25plan under section 37 of the Children and Families Act 2013,”, and

(b) in paragraph (b) after “statement” (in both places) insert “or plan”.

(3) In subsection (2)—

(a) in paragraph (a) after “statement” insert “, or secure the preparation
of an EHC plan,”,

(b) 30in paragraph (b) after “statement” insert “or plan”, and

(c) after “making the statement” insert “, securing the preparation of the
plan”.

(4) After subsection (8) insert—

“(8A) Regulations under section 47 of the Children and Families Act 2013
35(transfer of EHC plans) may make such provision as appears to the
Secretary of State to be necessary or expedient in connection with
subsections (1) to (7) of this section.”

(5) In subsection (9), in paragraph (a) of the definition of “the responsible
authority”, after “1996” insert “or (as the case may be) Part 3 of the Children
40and Families Act 2013”.

Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

64 (1) In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods
and services the supply of which is exempt from VAT), group 6 (education)
is amended as follows.

(2) 5In item 5B—

(a) after paragraph (b) insert—

“(ba) aged 19 or over and for whom an EHC plan is
maintained,”, and

(b) in paragraph (d), after “paragraph” insert “(ba) or”.

(3) 10in note (5B), after “item (5B),” insert ““EHC plan” and” and for “has the same
meaning” substitute “have the same meanings”.

School Standards and Framework Act 1998 (c. 31)School Standards and Framework Act 1998 (c. 31)

65 The School Standards and Framework Act 1998 is amended as follows.

66 (1) Section 98 (admission for nursery education or to nursery or special school:
15children with statements of special educational needs) is amended as
follows.

(2) In subsection (7) after “for whom” insert “EHC plans are maintained under
section 37 of the Children and Families Act 2013 or”

(3) In the title after “special education needs” insert “or EHC plans”.

67 (1) 20Section 123 (nursery education: children with special educational needs) is
amended as follows.

(2) In subsection (1), for the words from “(except” to the end substitute “to have
regard to the provisions of the code of practice issued under section 67 of the
Children and Families Act 2013 (in the case of education in England) or
25section 313(2) of the Education Act 1996 (in the case of education in Wales).”

(3) After subsection (1) insert—

“(1A) Subsection (1) does not apply in so far as the person in question is
already under a duty to have regard to the provisions of the code of
practice in question.”

(4) 30In subsection (2)—

(a) for “That code of practice” substitute “The code of practice in
question”, and

(b) after “functions under” insert “Part 3 of the Children and Families
Act 2013 or (as the case may be)”.

(5) 35In subsection (3)—

(a) for “that code of practice” substitute “the code of practice in
question”, and

(b) after “functions under” insert “Part 3 of the Children and Families
Act 2013 or (as the case may be)”.

(6) 40In subsection (3A)(b) after “no” insert “EHC plan or”.

68 In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary
and foundation special schools in England), in paragraph A23(9), in
paragraph (d) of the definition of “children’s services”—

(a) after “learning difficulty” insert “or disability”, and

(b) 5omit “66,”.

Learning and Skills Act 2000 (c. 21)Learning and Skills Act 2000 (c. 21)

69 The Learning and Skills Act 2000 is amended as follows.

70 In section 35 (conditions imposed by Welsh Ministers on financial resources
provided by them), in subsection (3)(f) omit “139A or”.

71 10In section 41 (discharge by the Welsh Ministers of certain functions in
relation to persons with learning difficulties), in subsection (1)(b) omit
“139A or”.

72 Sections 139A, 139B and 139C (assessments relating to learning difficulties:
England) are repealed.

73 15In consequence of the repeals made by paragraphs 70, 71 and 72—

(a) omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008;

(b) section 80 of the Education and Skills Act 2008 is repealed.

Education Act 2002 (c. 32)2002 (c. 32)

74 The Education Act 2002 is amended as follows.

75 20In section 92 (pupils with statements of special educational needs:
application of National Curriculum for England)—

(a) for the words from “a statement” to “special educational needs”
substitute “an EHC plan maintained for the pupil”,

(b) for “the statement” substitute “the plan”, and

(c) 25in the heading for “statements of special educational needs”
substitute “EHC plans”.

76 (1) Section 94 (information concerning directions under section 93) is amended
as follows.

(2) In subsection (3), for the words from “by virtue of” to the end substitute “and
30the responsible authority ought to be required to secure an EHC needs
assessment for the pupil under section 36 of the Children and Families Act
2013 (or, if an EHC plan is maintained for the pupil, a re-assessment under
section 44 of that Act).”

(3) In subsection (5), for the words from “consider” to the end substitute “make
35a determination in respect of the pupil under section 36(3) of the Children
and Families Act 2013 (or, if an EHC plan is maintained for the pupil, under
that section as it applies to re-assessments by virtue of regulations under
section 44 (7)).”

(4) In subsection (6), for “Part 4 of the Education Act 1996” substitute “Part 3 of
40the Children and Families Act 2013 (see section 23 of that Act)”.

Nationality, Immigration and Asylum Act 2002 (c. 41)2002 (c. 41)

77 (1) Section 36 of the Nationality, Immigration and Asylum Act 2002 (education
of children who are residents of accommodation centres) is amended as
follows.

(2) 5In subsection (3)(b), after “named in” insert “an EHC plan maintained for the
child under section 37 of the Children and Families Act 2013 or”.

(3) In subsection (5), omit the “and” after paragraph (d) and after paragraph (e)
insert—

“(f) sections 33 and 34 of the Children and Families Act 2013
10(mainstream education for children with special educational
needs), and

(g) sections 38 and 39 of that Act (EHC plan: request of parent for
named school etc).”

(4) After subsection (5) insert—

“(5A) 15The powers of the First-tier Tribunal on determining an appeal
under section 51(2)(c) of the Children and Families Act 2013 (appeals
against certain aspects of content of EHC plan) are subject to
subsection (2) above.”

(5) In subsection (6), omit “the First-tier Tribunal or”.

(6) 20In subsection (7)—

(a) after “function under this Act” insert “, Part 3 of the Children and
Families Act 2013”, and

(b) in paragraph (a), after “special educational provision” insert “called
for by his special educational needs or”.

(7) 25In subsection (9), after paragraph (a) insert—

“(aa) section 36 of the Children and Families Act 2013 (assessment
of education, health and care needs: England) shall have
effect as if an accommodation centre were a school,”.

Children Act 2004 (c. 31)2004 (c. 31)

78 30In section 10(9) of the Children Act 2004 (co-operation arrangements in
respect of children may include arrangements in respect of certain young
people), in paragraph (c)—

(a) after “but under the age of 25” insert “—

(i) for whom an EHC plan is maintained, or

(ii)”, and

(b) after “learning difficulty” insert “or disability”.

Education and Inspections Act 2006 (c. 40)2006 (c. 40)

79 In section 16 of the Education and Inspections Act 2006 (consultation before
publishing proposals for discontinuance of maintained schools), in
40subsection (1)(c), after “maintain” insert “an EHC plan or”.

Education and Skills Act 2008 (c. 25)2008 (c. 25)

80 The Education and Skills Act 2008 is amended as follows.

81 In section 4 (meaning of appropriate full-time education or training)—

(a) in subsection (1)(b), for “learning difficulty” substitute “special
educational needs”, and

(b) omit subsection (3).

82 5In section 17 (sharing and use of information held for purposes of support
services or functions under Part 1), in subsection (8)(b)—

(a) for “a learning difficulty” substitute “special educational needs”, and

(b) omit the words from “and subsections (6) and (7)” to the end.

83 In section 47 (attendance notice: description of education or training)—

(a) 10in subsection (5)(b)(ii), for “learning difficulty” substitute “special
educational needs”, and

(b) omit subsection (6).

84 In section 78(1) (Part 2: supplementary), in the definition of “relevant young
adult”—

(a) 15for “a learning difficulty” substitute “special educational needs
(within the meaning given by section 579(1) of the Education Act
1996)”, and

(b) omit the words from “and subsections (6) and (7)” to the end.

85 In section 132 (providers of independent education or training for 16 to 18
20year olds)—

(a) in subsection (4)(a), for the words from “a statement” to “needs)”
substitute “an EHC plan is maintained”,

(b) in subsection (4)(b), for “a statement was so” substitute “an EHC plan
was”,

(c) 25in subsection (4)(b)(i), after “school” insert “or (if later) the person
ceased to be a student at his or her last post-16 institution”,

(d) in subsection (4)(b)(ii), after “institution” insert “in England
mentioned in subsection (2)”, and

(e) in subsection (6), after the definition of “an academic year” insert—

• 30““post-16 institution” has the meaning given by section
  73(2) of the Children and Families Act 2013;”.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)2009 (c. 22)

86 The Apprenticeships, Skills, Children and Learning Act 2009 is amended as
follows.

87 35In section 83 (power to secure provision of apprenticeship training)—

(a) in subsection (1)(b), for “are subject to learning difficulty
assessment” substitute “for whom an EHC plan is maintained”,

(b) in subsection (2)(b), for “learning difficulties” substitute “special
educational needs”, and

(c) 40omit subsection (4).

88 In section 86 (education and training for persons aged 19 or over etc), in
subsection (1)(a), for “who are subject to learning difficulty assessment”
substitute “for whom an EHC plan is maintained”.

89 In section 87 (learning aims for persons aged 19 or over: provision of
45facilities), in subsection (3)(a), for “who are subject to learning difficulty
assessment” substitute “for whom an EHC plan is maintained”.

90 In section 101 (financial resources: conditions), in subsection (5)(f)—

(a) after “specified in” insert “an EHC plan or”, and

(b) omit “139A or”.

91 In section 115 (persons with learning difficulties)—

(a) 5in subsection (1), for “learning difficulties” substitute “special
educational needs”,

(b) in subsection (2)(a), for “who are subject to learning difficulty
assessment” substitute “for whom an EHC plan is maintained”,

(c) omit subsections (3) and (4), and

(d) 10in the title, for “learning difficulties” substitute “special educational
needs”.

92 In section 129 (general duties of Ofqual)—

(a) in subsection (2)(b) and (c), for “learning difficulties” substitute
“special educational needs”, and

(b) 15omit subsections (9) and (10).

Academies Act 2010 (c. 32)2010 (c. 32)

93 In section 1 of the Academies Act 2010 (Academy arrangements), omit
subsections (7) and (8).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

94 20In paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment
of Offenders Act 2012 (civil legal services: special educational needs)—

(a) in sub-paragraph (1)(a), after “1996” insert “or Part 3 of the Children
and Families Act 2013”, and

(b) in sub-paragraph (1)(b), for “sections 139A and” substitute “section”.

Section 74

25SCHEDULE 4 Childminder agencies: amendments

Part 1 The childcare registers

1 The Childcare Act 2006 is amended as follows.

2 (1) 30Section 32 (childcare registration in England: maintenance of the two
childcare registers) is amended as follows.

(2) In subsection (2)—

(a) after “register of” insert “—

(a)”,

(b) 35omit “who are”, and

(c) for “under Chapter 2” substitute “by the Chief Inspector for the
purposes of Chapter 2”.

(3) At the end of that subsection insert “, and

(b) all persons registered as early years childminder agencies
under Chapter 2A (which provides for the compulsory
registration of persons with whom early years childminders
5and certain other early years providers may register for the
purposes of Chapter 2).”

(4) In subsection (4)—

(a) after “register of” insert “—

(a)”,

(b) 10omit “who are”, and

(c) for “under Chapter 3” substitute “by the Chief Inspector for the
purposes of Chapter 3”.

(5) At the end of that subsection insert “, and

(b) all persons registered as later years childminder agencies
15under Chapter 3A (which provides for the compulsory
registration of persons with whom later years childminders
and certain other later years providers may register for the
purposes of Chapter 3).”

(6) In subsection (5), for “under Chapter 4” substitute “by the Chief Inspector for
20the purposes of Chapter 4”.

Part 2 Early years childminder agencies

3 The Childcare Act 2006 is amended as follows.

4 In section 33 (requirement to register: early years childminders), in
25subsection (1) for “in the early years register as an early years childminder”
substitute “as an early years childminder—

(a) in the early years register, or

(b) with an early years childminder agency.”

5 (1) Section 34 (requirement to register: other early years providers) is amended
30as follows.

(2) For subsection (1) substitute—

“(1) A person may not provide early years provision on premises in
England which are not domestic premises unless the person is
registered in the early years register in respect of the premises.

(1A) 35A person may not provide early years provision on domestic
premises in England which would be early years childminding but
for section 96(5) unless the person is registered—

(a) in the early years register in respect of the premises, or

(b) with an early years childminder agency in respect of the
40premises.”

(3) In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and
(1A) do”.

(4) In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.