Children and Families Bill (HL Bill 32)

weeks, or to a fine not exceeding level 5 on the standard scale, or to
both.

(5) In relation to an offence committed before the commencement of
section 281(5) of the Criminal Justice Act 2003 (c 44)2003 (c 44) (alteration of
5penalties for summary offences), the reference in subsection (4) to 51
weeks is to be read as a reference to 6 months.”

47 (1) Section 77 (powers of entry) is amended as follows.

(2) In subsection (1)—

(a) after “34(1)” insert “or (1A)”, and

(b) 10after “53(1)” insert “or (1A)”.

(3) In subsection (2)(a) for “or 60” substitute “, 51D(2), 60 or 61E(2)”.

(4) For the title substitute “Chief Inspector’s powers of entry: early years
provision and later years provision”.

48 For the title of section 78 substitute “Powers of entry under section 77:
15requirement for consent”.

49 After section 78 insert—

“78A Chief Inspector’s powers of entry: childminder agencies

(1) The Chief Inspector may at any reasonable time enter any premises
in England if the Chief Inspector has reasonable cause to believe that
20a person on the premises is falsely representing—

(a) that the person is an early years childminder agency, or

(b) that the person is a later years childminder agency.

(2) The Chief Inspector may at any reasonable time enter any premises
in England which is registered in—

(a) 25the early years register as premises of an early years
childminder agency, or

(b) Part A of the general childcare register as premises of a later
years childminder agency,

for any of the purposes in subsection (3).

(3) 30Those purposes are—

(a) conducting an inspection under section 51D(1) or 61E(1);

(b) determining whether any conditions or requirements
imposed by or under this Part are being complied with.

(4) An authorisation given by the Chief Inspector under paragraph 9(1)
35of Schedule 12 to the Education and Inspections Act 2006 in relation
to the functions under subsection (1) or (2)—

(a) may be given for a particular occasion or period;

(b) may be given subject to conditions.

(5) A person entering premises under this section may (subject to any
40conditions imposed under subsection (4)(b))—

(a) inspect the premises;

(b) inspect, and take copies of—

(i) any records kept concerning early years providers or
later years providers, and

(ii) any other documents containing information relating
to such providers;

(c)
seize and remove any document or other material or thing
found there which the person has reasonable grounds to
5believe may be evidence of a failure to comply with any
condition or requirement imposed by or under this Part;

(d) take measurements and photographs or make recordings;

(e) interview in private any person present on the premises who
works there.

(6) 10A person entering premises under this section may (subject to any
conditions imposed under subsection (4)(b)) require any person to
afford such facilities and assistance with respect to matters within
the person’s control as are necessary to enable the powers under this
section to be exercised.

(7) 15Section 58 of the Education Act 2005 (inspection of computer records
for the purposes of Part 1 of that Act) applies for the purposes of this
section as it applies for the purposes of Part 1 of that Act.

(8) It is an offence intentionally to obstruct a person exercising any
power under this section.

(9) 20A person guilty of an offence under subsection (8) is liable on
summary conviction to a fine not exceeding level 4 on the standard
scale.

(10) In this section, “documents” and “records” each include information
recorded in any form.

78B 25Powers of entry under section 78A: requirement for consent

(1) This section applies where a person (“the authorised person”)
proposes to enter domestic premises in pursuance of a power of
entry conferred by section 78A(2).

(2) If the authorised person has reasonable cause to believe that the
30premises are the home of a person who—

(a) is not employed by the early years childminder agency or (as
the case may be) the later years childminder agency, or

(b) is not a member, director, manager or other officer of the
agency,

35the authorised person may not enter the premises without the
consent of an adult who is an occupier of the premises and who falls
within paragraph (a) or (b).”

50 In section 79 (power of constable to assist in exercise of powers of entry), in
subsection (2), in paragraph (a) after “77” insert “or 78A”.

51 (1) 40Section 82 (supply of information to the Chief Inspector), is amended as
follows.

(2) The existing provision becomes subsection (1).

(3) In that subsection, after “later years provider” insert “, or (as the case may
be) as an early years childminder agency or later years childminder
45agency,”.

(4) After subsection (1) insert—

“(2) The Chief Inspector’s power under subsection (1) includes a power
to require an early years childminder agency or a later years
childminder agency to provide the Chief Inspector with information
5about an early years provider or a later years provider registered
with the agency for the purposes of Chapter 2, 3 or 4.”

52 (1) Section 83 (supply of information to HMRC and local authorities) is
amended as follows.

(2) In subsection (4)—

(a) 10after “in which” insert “—

(a)”, and

(b) after “registered” insert “;

(b) registered premises of the early years childminder
agency or later years childminder agency are (or, as
15the case may be, were) located.”

(3) In the title, at the end insert “by the Chief Inspector”.

53 After section 83 insert—

“83A Supply of information to the Secretary of State, HMRC and local
authorities by childminder agencies

(1) 20An early years childminder agency or a later years childminder
agency must provide prescribed information to the Secretary of
State, Her Majesty‘s Revenue and Customs, and each relevant local
authority, if it—

(a) grants a person’s application for registration for the purposes
25of Chapter 2, 3 or 4;

(b) takes any other steps under this Part of a prescribed
description.

(2) The information which may be prescribed for the purposes of this
section is—

(a) 30in the case of information to be provided to the Secretary of
State, information which the Secretary of State may require
for the purposes of the Secretary of State’s functions in
relation to universal credit under Part 1 of the Welfare
Reform Act 2012;

(b) 35in the case of information to be provided to Her Majesty’s
Revenue and Customs, information which Her Majesty’s
Revenue and Customs may require for the purposes of their
functions in relation to tax credits;

(c) in the case of information to be provided to a relevant local
40authority, information which would assist the local authority
in the discharge of their functions under section 12.

(3) In this section, “relevant local authority” means an English local
authority for an area in which a person who is (or, as the case may
be, was) registered with the early years childminder agency or later
45years childminder agency for the purposes of Chapter 2 or 3
provides (or has provided) early years provision or later years
provision in respect of which he or she is (or was) registered.”

54 In the title of section 84 (disclosure of information for certain purposes), at
the end insert “: the Chief Inspector”.

55 After section 84 insert—

“84A Disclosure of information for certain purposes: childminder agencies

(1) 5An early years childminder agency or a later years childminder
agency may arrange for prescribed information held by the agency
in relation to persons registered with the agency under this Part to be
made available for the purpose of—

(a) assisting parents or prospective parents in choosing an early
10years provider or later years provider, or

(b) protecting children from harm or neglect.

(2) The information may be made available in such manner and to such
persons as the agency considers appropriate.

(3) Regulations may require an early years childminder agency or a later
15years childminder agency to provide prescribed information held by
the agency in relation to persons registered with the agency under
this Part to prescribed persons for either of the purposes mentioned
in subsection (1).”

56 In section 85 (offence of making false or misleading statement), in subsection
20(1) for “he” substitute “the person”.

57 In section 89 (fees), in subsection (1) after “to 4” insert “in the early years
register or the general childcare register”.

58 (1) Section 90 (cases where consent to disclosure is withheld) is amended as
follows.

(2) 25In subsection (1)—

(a) in paragraph (a) for “Chapter 2, 3 or 4” substitute “any of Chapters 2
to 4”, and

(b) in paragraph (b) after “68(2)(a)” insert “or 69B(2)(a)”.

(3) In subsection (2)(b) omit “his” in both places it occurs.

59 (1) 30Section 93 (notices) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (a) insert—

“(aa) section 57A(2) and (4);

(ab) section 61C(1);”, and

(b) 35after paragraph (b) insert—

“(ba) section 65A(1) and (3);”.

(3) In subsection (2)(a) for “him” substitute “the person”.

(4) In subsection (4)—

(a) in paragraph (a) for “his” substitute “a”, and

(b) 40in paragraph (b) omit “by him”.

60 In section 94 (power to amend Part 3: applications in respect of multiple
premises), in paragraph (a)—

(a) after “36(1)” insert “or (1A)”, and

(b) after “55(1)” insert “or (1A)”.

61 (1) Section 98 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “childcare” insert—

• 5““childminder agency” means—

  (a)

  an early years childminder agency;

  (b)

  a later years childminder agency;”,

(b) after the definition of “domestic premises” insert—

• ““early years childminder agency” means a person
  10registered in the early years register as an early years
  childminder agency;”, and

(c) before the definition of “later years provision” insert—

• ““later years childminder agency” means a person
  registered in Part A of the general childcare register as
  15a later years childminder agency;”.

(3) After that subsection insert—

“(1A) A person is registered for the purposes of this Part if that person is
registered—

(a) in the early years register,

(b) 20in the general childcare register, or

(c) with an early years childminder agency or a later years
childminder agency.”

Part 6 Other amendments

62 25In section 99 of the Childcare Act 2006 (provision of information about
young children: England), in subsection (1) after paragraph (a) (and before
the “and” which follows it) insert—

“(aa) a person registered as an early years childminder agency
under Chapter 2A of Part 3,”.

63 30In the Employment Agencies Act 1973, in section 13(7) (exemptions) after
paragraph (c) insert—

“(ca) an early years childminder agency or a later years
childminder agency (as defined in section 98 of the Childcare
Act 2006);”.

Section 87

35SCHEDULE 5 Children’s Commissioner: minor and consequential amendments

Inquiries

1 (1) Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is
amended as follows.

(2) Omit subsection (3) (requirement to consult the Secretary of State before
holding an inquiry).

(3) In subsection (7) for “under any enactment” substitute “of a public nature”.

2 (1) Section 4 of the Children Act 2004 (inquiries held on the direction of the
5Secretary of State) is repealed.

(2) In consequence of sub-paragraph (1), omit the following provisions of the
Children Act 2004—

(a) section 5(6) and (7) (inquiries in Wales),

(b) section 6(7) to (9) (inquiries in Scotland), and

(c) 10section 7(7) to (9) (inquiries in Northern Ireland).

Functions of Commissioner: children in Wales, Scotland and Northern Ireland

3 (1) Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is
amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
15children in Wales” substitute “promoting and protecting the rights of
children in Wales”.

(3) After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Wales.”

(4) 20For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) 25section 2(3)(i) has effect as if for “in England” there were
substituted “in Wales, except in so far as relating to any
matter falling within the remit of the Children’s
Commissioner for Wales under section 72B, 73 or 74 of the
Care Standards Act 2000,”,

(b) 30sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
352D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

4 (1) Section 6 of the Children Act 2004 (functions of Commissioner in Scotland)
is amended as follows.

(2) 40In subsection (1), for “promoting awareness of the views and interests of
children in Scotland in relation to reserved matters” substitute “promoting
and protecting the rights of children in Scotland where those rights are or
may be affected by reserved matters”.

(3) After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Scotland.”

(4) For subsection (2) substitute—

“(2) 5Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
10substituted “in Scotland, in relation to reserved matters,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) 15section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

5 (1) Section 7 of the Children Act 2004 (functions of Commissioner in Northern
20Ireland) is amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Northern Ireland in relation to excepted matters” substitute
“promoting and protecting the rights of children in Northern Ireland where
those rights are or may be affected by excepted matters”.

(3) 25After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Northern Ireland.”

(4) For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
30apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
substituted “in Northern Ireland, in relation to excepted
35matters,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) 40section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

Young persons

6 (1) For section 9 of the Children Act 2004 (care leavers and young persons with
learning disabilities) substitute—

“9 Commissioner’s functions in relation to certain young people

(1) 5This section applies for the purposes of this Part, other than sections
2A and 8A (and references in this Part to a child who is within section
8A).

(2) For the purposes of the Children’s Commissioner’s functions in
respect of children in England, a reference to a child includes, in
10addition to a person under the age of 18—

(a) a person aged 18 or over for whom an EHC plan is
maintained by a local authority,

(b) a person aged 18 or over and under 25 to whom a local
authority in England has provided services under any of
15sections 23C to 24D of the Children Act 1989 at any time after
reaching the age of 16, or

(c) a person aged 18 or over and under 25 who has been looked
after by a local authority (in Wales, Scotland or Northern
Ireland) at any time after reaching the age of 16.

(3) 20For the purposes of the Children’s Commissioner’s functions in
respect of children in Wales, Scotland and Northern Ireland, a
reference to a child includes, in addition to a person under the age of
18, a person aged 18 or over and under 25—

(a) who has a learning disability,

(b) 25who has been looked after by a local authority (in Wales,
Scotland or Northern Ireland) at any time after reaching the
age of 16, or

(c) to whom a local authority in England has provided services
under any of sections 23C to 24D of the Children Act 1989 at
30any time after reaching the age of 16.

(4) For the purposes of this section—

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

• “learning disability” means a state of arrested or incomplete
  35development of mind which induces significant impairment
  of intelligence and social functioning;

• a person is “looked after by a local authority” if—

  (a)

  for the purposes of the Children Act 1989, he or she is
  looked after by a local authority in Wales;

  (b)

  40for the purposes of the Children (Scotland) Act 1995,
  he or she is looked after by a local authority in
  Scotland;

  (c)

  for the purposes of the Children (Northern Ireland)
  Order 1995, he or she is looked after by an authority
  45in Northern Ireland.”

(2) Until the coming into force of Part 3 of this Act, section 9 of the Children Act
2004 (as substituted by sub-paragraph (1)) has effect as if—

(a) in subsection (2) for paragraph (a) there were substituted—

“(a) a person aged 18 or over and under 25 in respect of
whom an assessment under section 139A of the
Learning and Skills Act 2000 (a learning difficulty
5assessment) has been conducted,”, and

(b) in subsection (4) the definition of “EHC plan” were omitted.

Appointment and tenure of Children’s Commissioner

7 In Schedule 1 to the Children Act 2004, in paragraph 3 (appointment and
tenure of office)—

(a) 10in sub-paragraph (2) for “, to such extent and in such manner as he
thinks fit,” substitute “take reasonable steps to”,

(b) in sub-paragraph (4) for “five years” substitute “six years”, and

(c) in sub-paragraph (5) for “is eligible for reappointment once only”
substitute “is not eligible for reappointment”.

8 15In Schedule 1 to the Children Act 2004, after paragraph 3 insert—

“Interim appointments

3A (1) Where there is a vacancy in the office of Children’s Commissioner,
the Secretary of State may appoint a person as interim Children’s
Commissioner.

(2) 20Subject to the provisions of this paragraph, a person holds and
vacates office as interim Children’s Commissioner in accordance
with the terms and conditions of the appointment as determined
by the Secretary of State.

(3) An appointment as interim Children’s Commissioner is for a term
25ending—

(a) with the appointment of a person as the Children’s
Commissioner under paragraph 3, or

(b) if sooner, at the end of the period of six months beginning
with the date on which the appointment as interim
30Children’s Commissioner was made.

(4) A person who has held office as interim Children’s
Commissioner—

(a) is eligible for reappointment, and

(b) is eligible for appointment as the Children’s
35Commissioner.

(5) An interim Children’s Commissioner may at any time resign by
notice in writing to the Secretary of State.

(6) The Secretary of State may remove an interim Children’s
Commissioner from office if satisfied that the interim
40Commissioner has—

(a) become unfit or unable properly to discharge his or her
functions; or

(b) behaved in a way that is not compatible with continuing in
office.”

Deputy Children’s Commissioner

9 (1) In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—

(a) in sub-paragraph (1) omit “, one of whom shall be appointed as
deputy Children’s Commissioner”,

(b) 5omit sub-paragraph (2), and

(c) in sub-paragraph (3) omit “Without prejudice to sub-paragraph (2),”.

(2) In consequence of sub-paragraph (1), in section 36(6) of the Criminal Justice
and Court Services Act 2000 (meaning of “regulated position”), in paragraph
(fa) omit “and deputy Children’s Commissioner”.

Section 88

10SCHEDULE 6 Repeal of requirement to appoint Children’s Rights Director: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)
providing for designated members of staff of the Office for Standards in
15Education, Children’s Services and Skills (“the Office”) to become members
of the Children’s Commissioner’s staff.

(2) A staff transfer scheme may provide—

(a) for the terms and conditions of service of a member of staff of the
Office to have effect (subject to any necessary modifications) as the
20terms and conditions of service as a member of the Children’s
Commissioner’s staff;

(b) for the transfer to the Children’s Commissioner of the rights, powers,
duties and liabilities of the Office under or in connection with the
contract of employment of the member of staff;

(c) 25for anything done (or having effect as if done) before that transfer by
or in relation to the Office in respect of such a contract or the member
of staff to be treated as having been done by or in relation to the
Children’s Commissioner.

(3) A staff transfer scheme may provide for a period before a person became a
30member of the Children’s Commissioner’s staff to count as a period during
which he or she was a member of the Commissioner’s staff (and for the
operation of the scheme not to be treated as having interrupted the
continuity of that period).

(4) A staff transfer scheme may provide for a person who would be treated (by
35an Act or otherwise) as being dismissed by the operation of the scheme not
to be so treated.

(5) A staff transfer scheme may provide for a person who is a member of staff
of the Office not to become a member of the Children’s Commissioner’s staff
if the person gives notice objecting to the operation of the scheme in relation
40to him or her.