Children and Families Bill (HL Bill 32)

(f) in Schedule 9, paragraphs 1 and 2 and, in paragraph 4, the definitions
of “decree”, “instrument” and “petition”, and

(j) in Schedule 10, the entries relating to—

(i) the Matrimonial Causes Act 1973,

(ii) 5the Domicile and Matrimonial Proceedings Act 1973,

(iii) sections 1, 7 and 63 of, and paragraph 38 of Schedule 2 to, the
Domestic Proceedings and Magistrates’ Courts Act 1978,

(iv) the Senior Courts Act 1981,

(v) the Administration of Justice Act 1982,

(vi) 10the Matrimonial and Family Proceedings Act 1984,

(vii) the Family Law Act 1986, and

(viii) Schedule 13 to the Children Act 1989.

(3) In consequence of subsections (1) and (2), the following provisions are
repealed—

(a) 15paragraphs 50 to 52 of Schedule 4 to the Access to Justice Act 1999,

(b) the following provisions of the Welfare Reform and Pensions Act
1999—

(i) section 28(1)(b) and (c), (2), (4) and (5),

(ii) section 48(1)(b) and (c), (2), (4) and (5), and

(iii) 20in Schedule 12, paragraphs 64 to 66,

(c) paragraphs 22 to 25 of Schedule 1 to the Constitutional Reform Act
2005,

(d) paragraph 12 of Schedule 2 to the Children and Adoption Act 2006, and

(e) the following provisions of Schedule 5 to the Legal Aid, Sentencing and
25Punishment of Offenders Act 2012—

(i) paragraphs 43 to 45, and

(ii) in the second column of the Table in Part 2, paragraph (l) of the
entry relating to Schedule 4 to the Access to Justice Act 1999.

(4) In consequence of subsection (1), in section 1 of the Family Law Act 1996
30(general principles underlying Part 2), in the words before paragraph (a) and
in the title, for “Parts II and III” substitute “section 22”.

(5) In consequence of subsection (3)(b)(i), in section 28(11) of the Welfare Reform
and Pensions Act 1999 (interpretation of subsections (4)(b), (5)(c) and (6)) for
“subsections (4)(b), (5)(c) and” substitute “subsection”.

(6) 35The modifications set out in subsection (7), which were originally made by
article 3(2) of the No. 2 Order and article 4 of the No. 3 Order, are to continue
to have effect but as amendments of the provisions concerned (rather than as
modifications having effect until the coming into force of provisions of the
Family Law Act 1996 repealed by this section without having come into force).

(7) 40The modifications are—

(a) in section 22(2) of the Matrimonial and Family Proceedings Act 1984 for
the words from “if” to “granted” substitute “if a decree of divorce, a
decree of nullity of marriage or a decree of judicial separation has been
granted”, and

(b) 45in section 31 of the Matrimonial Causes Act 1973—

(i) in subsection (7D) for “Subsections (7) and (8) of section 22A”
substitute “Section 23(6)”,

(ii) in subsection (7D) for “section 22A” substitute “section 23”, and

(iii) in subsection (7F) for “section 23A” substitute “section 24”.

(8) In section 31(7D) of the Matrimonial Causes Act 1973—

(a) for “apply”, in the first place, substitute “applies”, and

(b) for “they apply where it” substitute “it applies where the court”.

(9) 5Articles 3(2) and 4 of the No. 2 Order, and article 4 of the No. 3 Order, are
revoked; and in subsection (6) and this subsection—

• “the No. 2 Order” means the Family Law Act 1996 (Commencement
  No. 2) Order 1997 (S.I. 1997/1892S.I. 1997/1892), and

• “the No. 3 Order” means the Family Law Act 1996 (Commencement
  10No. 3) Order 1998 (S.I. 1998/2572S.I. 1998/2572).

Part 3 Children and young people in England with special educational needs

Local authority functions: general principles

19 Local authority functions: supporting and involving children and young
15people

In exercising a function under this Part in the case of a child or young person,
a local authority in England must have regard to the following matters in
particular—

(a) the views, wishes and feelings of the child and his or her parent, or the
20young person;

(b) the importance of the child and his or her parent, or the young person,
participating as fully as possible in decisions relating to the exercise of
the function concerned;

(c) the importance of the child and his or her parent, or the young person,
25being provided with the information and support necessary to enable
participation in those decisions;

(d) the need to support the child and his or her parent, or the young person,
in order to facilitate the development of the child or young person and
to help him or her achieve the best possible educational and other
30outcomes.

Special educational needs etc

20 When a child or young person has special educational needs

(1) A child or young person has special educational needs if he or she has a
learning difficulty or disability which calls for special educational provision to
35be made for him or her.

(2) A child of compulsory school age or a young person has a learning difficulty
or disability if he or she—

(a) has a significantly greater difficulty in learning than the majority of
others of the same age, or

(b) 40has a disability which prevents or hinders him or her from making use
of facilities of a kind generally provided for others of the same age in
mainstream schools or mainstream post-16 institutions.

(3) A child under compulsory school age has a learning difficulty or disability if
he or she is likely to be within subsection (2) when of compulsory school age
(or would be likely, if no special educational provision were made).

(4) A child or young person does not have a learning difficulty or disability solely
5because the language (or form of language) in which he or she is or will be
taught is different from a language (or form of language) which is or has been
spoken at home.

(5) This section applies for the purposes of this Part.

21 Special educational provision, health care provision and social care provision

(1) 10“Special educational provision”, for a child aged two or more or a young
person, means educational or training provision that is additional to, or
different from, that made generally for others of the same age in—

(a) mainstream schools in England,

(b) maintained nursery schools in England,

(c) 15mainstream post-16 institutions in England, or

(d) places in England at which relevant early years education is provided.

(2) “Special educational provision”, for a child aged under two, means educational
provision of any kind.

(3) “Health care provision” means the provision of health care services as part of
20the comprehensive health service in England continued under section 1(1) of
the National Health Service Act 2006.

(4) “Social care provision” means the provision made by a local authority in the
exercise of its social services functions.

(5) Health care provision or social care provision which is made wholly or mainly
25for the purposes of the education or training of a child or young person is to be
treated as special educational provision (instead of health care provision or
social care provision).

(6) This section applies for the purposes of this Part.

Children and young people for whom a local authority is responsible

22 30Identifying children and young people with special educational needs

A local authority in England must exercise its functions with a view to securing
that it identifies all the children and young people in its area who have or may
have special educational needs.

23 When a local authority is responsible for a child or young person

(1) 35A local authority in England is responsible for a child or young person if he or
she is in the authority’s area and has been—

(a) identified by the authority as someone who has or may have special
educational needs, or

(b) brought to the authority’s attention by any person as someone who has
40or may have special educational needs.

(2) This section applies for the purposes of this Part.