Children and Families Bill

Insert the following new Clause—

“Contact between prescribed persons and adopted person’s relatives

(1)   In section 98 of the Adoption and Children Act 2002 (pre-commencement
adoptions: information), after subsection (1) insert—

“(1A)    Regulations under section 9 may make provision for the purpose of
facilitating contact between persons with a prescribed relationship
to a person adopted before the appointed day and that person’s
relatives.”

(2)   In each of subsections (2) and (3) of that section, for “that purpose”
substitute “a purpose within subsection (1) or (1A)”.

(3)   In subsection (7) of that section, after the definition of “appointed day”
insert—

““prescribed” means prescribed by regulations under
section 9;”.”

Page 2, line 12, at end insert—

“( )   In subsection (4)(d) (matters to which court or adoption agency must have
regard), after “the child’s age, sex, background” insert “and (except in
relation to an adoption agency in Wales, to which subsection (5) applies)
religious persuasion, racial origin and cultural and linguistic background.”

Page 2, line 12, at end insert—

“( )   In subsection (4)(d) (matters to which the court or adoption agency must
have regard), leave out “the child’s age, sex, background and” and insert
“In the case of an adoption agency in England the child’s background, and
in the case of an adoption agency in Wales the child’s age, sex, background
and in both cases”.”

Page 2, line 32, at end insert—

“( )   When it relates to a direction given under subsection (3)(b) or (c),
the power to make a direction under subsection (1) will be
exercisable by statutory instrument not to be made unless a draft of
the instrument has been laid before, and approved by resolution of,
each House of Parliament.”

Page 2, line 33, after “requiring” insert “one or more named”

Page 2, line 34, after “England” insert “, or one or more descriptions of local
authority in England,”

Page 2, line 36, at end insert—

“(1A)    The Secretary of State may by order require all local authorities in
England to make arrangements for all or any of their functions
within subsection (2) to be carried out on their behalf by one or
more other adoption agencies.”

Page 2, line 43, leave out from beginning to end of line 2 on page 3

Page 3, leave out lines 1 and 2

Page 3, line 2, at end insert—

“(2)   The Secretary of State may not give a direction under subsection (1) of
section 3A of the Adoption and Children Act 2002 (as inserted by
subsection (1)) to all local authorities in England before 1 March 2015.”

Page 3, line 2, at end insert—

“(2)   In section 140(3) of that Act (statutory instruments containing
subordinate legislation that are subject to the affirmative
procedure), before paragraph (a) insert—

(3)   The Secretary of State may not make an order under subsection (1A)
of section 3A of the Adoption and Children Act 2002 (as inserted by
subsection (1)) before 1 March 2015.”

Insert the following new Clause—

“Looked after children: duty to provide information about support on returning
home to care of parents or others with parental responsibility

(1)   Except in circumstances prescribed by regulations, a local authority must
provide the information specified in subsection (2) to—

(a)   any person who has contacted the authority to request information
about “return home support services” for a looked after child
returning home to the care of P; and

(b)   any P within the authority’s area, to whose care a looked after child
has returned, who has contacted the authority to request any of the
information specified in subsection (2).

(2)   The information is—

(a)   information about the return home support services available to
people in the authority’s area;

(b)   information about the authority’s duties under section 22(3A) of the
Children Act 1989 (“return home support services”: personal
budgets) and regulations made under it;

(c)   any other information prescribed by regulations.”

Insert the following new Clause—

“Looked after children returning to care

(1)   Whenever a local authority decide that a looked after child should return
to the care of P, the local authority must assess and monitor the support
needs of the child and P for as long as is necessary to safeguard and
promote the child’s welfare.

(2)   After carrying out an assessment of the support needs of a looked after
child in accordance with subsection (1), the local authority must provide a
child in care, and, in the case of formerly accommodated children, offer to
provide, “return home support services” to meet identified the support
needs for as long as is necessary to safeguard and promote the child’s
welfare.

(3)   Whenever the local authority provide “return home support services”
under subsection (2), they must prepare a personal budget if asked to do so
by P or the child or (in prescribed circumstances) a person of a prescribed
description.

(4)   The authority should prepare a “personal budget” if they identify an
amount as available to secure return home support services that they have
decided to provide, with a view to the recipient being involved in securing
those services.

(5)   Regulations may make provision about personal budgets, in particular—

(a)   about requests for personal budgets;

(b)   about the amount of a personal budget;

(c)   about the sources of the funds making up a personal budget;

(d)   for payments (“direct payments”) representing all or part of a
personal budget to be made to the recipient, or (in prescribed
circumstances) a person of a prescribed description, in order to
secure any return home support services to which the budget
relates;

(e)   about the description of the return home support services to which
personal budgets and direct payments may (and may not) relate;

(f)   for a personal budget or direct payment to cover the agreed cost of
the return home support services to which the budget or payment
relates;

(g)   about when, how, to whom and on what conditions direct
payments may (and may not) be made;

(h)   about when direct payments may be required to be repaid and the
recovery of unpaid sums;

(i)   about conditions with which a person or body making direct
payments must comply before, after or at the time of making a
direct payment;

(j)   about arrangements for providing information, advice or support
in connection with personal budgets and direct payments.

(6)   If the regulations include provision authorising direct payments, they
must—

(a)   require the consent of the recipient, or (in prescribed circumstances)
a person of a prescribed description, to be obtained before direct
payments are made;

(b)   require the authority to stop making direct payments where the
required consent is withdrawn.

(7)   Any return home support services secured by means of direct payments
made by a local authority are to be treated as support services provided by
the authority for all purposes, subject to any prescribed conditions or
exceptions.

(8)   In this section “prescribed” means prescribed by regulations.”

Page 6, line 12, at end insert—

“(2A)    In subsection (1), after paragraph (d) insert—

“(e)   his siblings (whether of the whole or half blood)”.”

Insert the following new Clause—

“Care leavers’ access to personal information

(1)   It shall be the duty of every local authority and voluntary organisation that
looks after or provides accommodation for a child or young person to
maintain such records as prescribed by regulations.

(2)   Regulations may provide for the transfer of records held by voluntary
organisation comprehensive information from the records relating to their
personal history, family background and time in care.

(3)   A care leaver has the right, at his request, to receive from the local authority
or voluntary organisation comprehensive information from the records
relating to their personal history, family background and time in care while
they were a looked after child or young person, and such information will
include personal sensitive data and also identifying information about
other family members, acquaintances and significant others.

(4)   Subsections (1) and (3) do not apply to a request for information in
circumstances where the local authority or voluntary organisation is
authorised by regulations to withhold the information or any part of it.

(5)   Local authorities and voluntary organisations have a duty to provide
appropriate and reasonable support on request, including information and
advice, along with explanations of the process of redaction, the offer of
appropriate counselling and access to intermediary services to care leavers
having received their care records.

(6)   The regulations may provide for the circumstances in which the local
authority or voluntary organisation holding the records may arrange for
another local authority or voluntary organisation near the care leaver’s
home to provide access to the records and support.

(7)   In this section, “care leaver” refers to a person aged 16 and over who has at
any time while they were a child or young person been in the care of, or
looked after or accommodated by a local authority or voluntary
organisation.

(8)   It shall be a defence to any allegation of unlawful disclosure of data under
the Data Protection Act 1998 by the data controller, if it can be shown that
the data controller has made a reasonable examination of the data and has
satisfied himself as to the need to disclose data and identities of individuals
whose consent has not been obtained under section 7(4) of the Act having
regard to the needs of the care leaver as set out elsewhere in this Act.”

Transpose Clause 9 to after Clause 80

Insert the following new Clause—

“Functions in respect of former relevant children

After section 23C(5) of the Children Act 1989 (continuing functions in
respect of former relevant children) insert—

“(5ZA)   The assistance given under subsection (4)(c) shall include the
continuation of accommodation with the former local authority
foster parent, unless—

(a)   the former relevant child states that he or she does not wish
to continue residing in such accommodation,

(b)   the former local authority foster parent does not wish to
continue to provide accommodation, or

(c)   it is not reasonably practicable to arrange such
accommodation.

(5ZB)   “Former local authority foster parent” means a local authority foster
parent within the meaning of section 22C(12) with whom the
former relevant child, as a looked after child, was placed under
section 22C(6)(a) or (b).””

Insert the following new Clause—

“Child trafficking guardians for children who may have been victims of human
trafficking

After section 26A of the Children Act 1989 insert—

“26B          Child trafficking guardians for children who may have been
victims of human trafficking

(1)   A child trafficking guardian shall be appointed to represent the best
interests of each child who might be a victim of trafficking in
human beings if the person who has parental responsibility for the
child fulfils any of the conditions set out in subsection (3).

(2)   The child trafficking guardian shall have the following
responsibilities to—

(a)   advocate that all decisions relating to the child are made in
the child’s best interest and, where reasonably practicable
and consistent with the child’s welfare after ascertaining the
child’s wishes and feelings in relation to those decisions;

(b)   advocate for the child to receive appropriate care, safe
accommodation, medical treatment, including
psychological assistance, education, translation and
interpretation services;

(c)   assist the child to access legal and other representation
where necessary, including, where appropriate, to appoint
and instruct the solicitor representing the child on all
matters relevant to the interests of the child;

(d)   consult, advise and inform the child victim of the child’s
legal rights;

(e)   keep the child informed of all relevant immigration,
criminal or compensation proceedings;

(f)   contribute to identification of a plan to safeguard and
promote the long-term welfare of the child based on an
individual assessment of that child’s best interests;

(g)   provide a link between the child and various organisations
who may provide services to the child;

(h)   assist in establishing contact with the child’s family, where
the child so wishes and it is in the child’s best interests;

(i)   where appropriate liaise with an immigration officer
handling the child’s case in conjunction with the child’s
legal representative;

(j)   accompany the child to all police interviews; and

(k)   accompany the child whenever the child moves to new
accommodation.

(3)   Subsection (1) shall apply if the person who has parental
responsibility for the child—

(a)   is suspected of taking part in the trafficking of human
beings;

(b)   has another conflict of interest with the child;

(c)   is not in contact with the child;

(d)   is in a country outside the United Kingdom; or

(e)   is a local authority.

(4)   In subsection (1), a child trafficking guardian may be—

(a)   an employee of a statutory body;

(b)   an employee of a recognised charitable organisation; or

(c)   a volunteer for a recognised charitable organisation.

(5)   A person discharging duties as a child trafficking guardian shall not
discharge any other statutory duties in relation to a child for whom
they are providing assistance under this section.

(6)   Where a child trafficking guardian is appointed under subsection
(1), the authority of the child trafficking guardian in relation to the
child shall be recognised by any relevant body.

(7)   In subsection (6), a “relevant body” means a person or
organisation—

(a)   which provides services to the child;

(b)   to which a child makes an application for services; or

(c)   to which the child needs access in relation to being a victim.

(8)   The appropriate national authority—

(a)   shall by order set out the arrangements for the appointment
of a child trafficking guardian as soon as possible after a
child is identified as a potential victim of trafficking in
human beings;

(b)   shall by order set out requirements for the training courses
to be completed before a person may discharge duties as a
child trafficking guardian;

(c)   shall by order set out the arrangements for the supervision
of persons discharging duties as a child trafficking
guardian;

(d)   shall by order set out the arrangements for the provision of
support services for persons discharging duties as a child
trafficking guardian; and

(e)   shall by order designate organisations as a “recognised
charitable organisation” for the purpose of this section.

(9)   A person’s appointment as a child trafficking guardian for a
particular child under this section shall come to an end if—

(a)   the child reaches the age of 18; or

(b)   a durable solution for the child has been found based on an
individual assessment of the best interests of the child.

(10)   In this section, a child is considered to be a “potential victim of
trafficking in human beings” when a referral has been made to a
competent authority for a determination under the identification
process required by Article 10 of the Trafficking Convention
(Identification of Victims) and there has not been a conclusive
determination that the individual is not such a victim.

(11)   For the purposes of subsection (10), there is a conclusive
determination that an individual is not a victim of trafficking in
human beings when, on completion of the identification process
required by Article 10 of the Trafficking Convention, a competent
authority concludes that the individual is or is not such a victim.

(12)   In this section—

“parental responsibility” has the same meaning as section 3 of
this Act;

“competent authority” means a person who is a competent
authority of the United Kingdom for the purposes of the
Trafficking Convention;

“the Trafficking Convention” means the Council of Europe
Convention on Action against Trafficking in Human Beings
(done at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the
Trafficking Convention.””

Page 11, line 5, at end insert—

“(2B)    Involvement is any kind of direct or indirect involvement that
promotes the welfare of the child; it shall not be taken to mean any
particular division of a child’s time.”

Insert the following new Clause—

“Children’s welfare: duties of parents

For the purposes of section 3(1) of the Children Act 1989, the duties of the
parent to their child are—

(a)   to safeguard and promote the child’s health, development and
welfare;

(b)   to provide in a manner appropriate to the age and development of
the child—

(i)   direction; and

(ii)   guidance,

(c)   if the child is not living with the parent, to maintain personal
relations and contact with the child on a regular basis,

but only in so far as compliance with this section if practicable and in the
best interest of the child.”

Insert the following new Clause—

“Care proceedings: standard of proof

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

(2)   In section 31 (care and supervision), after subsection (2) insert—

“(2A)    Subsection (2) above shall be interpreted so as to permit a court to
infer that a child is likely to suffer significant harm from the sole fact
that the child is, or will be, living with a person who is a possible
perpetrator of significant harm to another child.

(2B)   For the purposes of subsection (2A), a person (the person
concerned) is to be treated as a “possible perpetrator” if—

(a)   a child has suffered significant harm;

(b)   the court is unable to identify the actual perpetrator of the
said harm but identifies a list of possible perpetrators by
finding (in relation to each such person) that there is a real
possibility that he caused significant harm to the child; and

(c)   the person concerned is one of the persons on the said list.””

Insert the following new Clause—

“Children and young people with special educational needs

For the purposes of sections 22, 24, 25, 26, 27, 30, 32 and 62 of this Part, the
term “children and young people with special educational needs” will be
interpreted to include children and young people with a disability under
the Equality Act 2010.”

Page 20, line 16, leave out subsection (5) and insert—

“(5)   Health care provision or social care provision which is educational for, 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).”

Page 22, line 15, at end insert—

“( )   securing for children and young people with special educational
needs but no EHC plan the education, health and care provision
agreed under subsection (3)(a).”

Page 22, line 18, leave out “have regard to” and insert “act in accordance with”

Page 22, line 19, at end insert—

“(c)   ensure that, following operation of the dispute resolution
procedures mentioned in subsection (3)(g), agreement between the
partners is reached on the matters set out in subsection (3), and
ensure that arrangements are in place, as set out in subsection (4),
and then put into effect.”

Page 22, line 32, at end insert—

“( )   Where a clinical commissioning group, or the NHS Commissioning Board,
is a partner commissioning body, the agreements and arrangements
referred to in subsections (1) to (5) are not to be taken to be constrained by
reference to what that group or Board has separately decided to be
necessary for the purposes of its duty under section 3 or section 3B of the
National Health Service Act 2006 as the case may be.”

Page 22, line 36, at end insert—

“(10)   Before making arrangements for the purposes of subsection (1), or before
agreeing the matters set out in subsections (3) to (5) or any of them, the local
authority, and its partner commissioning bodies, shall consult those
persons and bodies specified in section 27(3).”

Page 22, line 36, at end insert—

“(11)   The arrangements made and the matters agreed following consultation
under subsection (10) shall be published by the local authority and its
partner commissioning bodies as prescribed by regulations.”

Page 22, line 42, after “needs,” insert “including organisations that provide online
or blended learning (or both),”

Page 23, line 21, at end insert “including alternative and online providers”

Page 24, line 14, at end insert “including organisations that provide online or
blended learning (or both)”

Page 25, line 5, at end insert—

“( )   independent alternative education providers including providers
of online or blended learning (or both)”

Page 25, line 17, at end insert—

“( )   in the case of an alternative education provider, a member of the
senior team.”

Page 25, line 21, leave out “it expects to be” and insert “which is”

Page 25, line 24, leave out “it expects to be” and insert “which is”

Page 25, line 29, at end insert “including online and blended learning”

Page 26, line 2, after “received” insert “, including the use of alternative education
providers and online educational tools,”

Page 28, line 14, after “school” insert “, through the provision of alternative
education including online or blended learning (or both),”

Page 31, line 36, at end insert—

“( )   a provider of alternative educational provision including providers
of online or blended learning (or both).”

Page 32, line 11, at end insert—

“( )   in the case of alternative education providers, a member of the
senior team.”

Page 33, line 34, after “institution” insert “, including providers of online or
blended learning (or both),”

Page 34, line 10, at end insert—

“( )   If the plan specifies social care provision, the responsible local authority
must secure the specified social care provision for the child or young
person.”

Page 34, line 24, at end insert—

“( )   a provider of alternative educational provision including online or
blended learning (or both).”

Page 37, line 18, at end insert “, including online or blended learning provision (or
both)”

Page 43, line 29, at end insert “including those institutions that provide alternative
educational provision and online or blended learning (or both)”

Page 44, line 16, at end insert “that has been agreed to by the parent as being
suitably provided and is therefore included in the EHC plan”

Page 44, line 30, after “institution” insert “, by an alternative education provider or
in any place”

Page 45, line 35, at end insert—

“( )   alternative education providers including providers of online or
blended learning (or both)”

Page 45, line 39, leave out from “provision” to end of line 40 and insert “that is
requested by the pupil or student or the pupil or student’s parents (or both)”

Page 45, line 40, at end insert—

“( )   On using their best endeavours to fully meet the special educational needs
of a registered student at a school or other institution, the school or other
institution must undertake an audit of the skills and knowledge of its
workforce to deliver a graduated approach to special educational
provision.”

Page 46, line 2, at end insert—

“( )   in the case of alternative education providers, a member of the
senior team”

Page 46, line 20, at end insert—

“( )   The appropriate authority must ensure that those SEN co-ordinators who
have not undertaken a module on special educational needs within a year
must either—

(a)   demonstrate their core competence for the position through
appropriate CPD activity; or

(b)   have opportunities to undergo further training.”

Insert the following new Clause—

“Assessment of newly qualified teachers

(1)   This section imposes duties on the appropriate authorities for the following
schools in England—

(a)   mainstream schools, and

(b)   maintained nursery schools.

(2)   The appropriate authority should assess all newly qualified teachers
within one year of being in post, so that they are prepared to teach children
with special educational needs the full range of sports they should expect
to find in a mainstream state-funded school.”

Insert the following new Clause—

“Apprenticeship support

Apprenticeship training providers must enable individuals undertaking an
apprenticeship to access the full range of special education provisions to
which they are entitled under this Act, the Equality Act 2010 and the
Apprenticeship, Skills, Children and Learning Act 2009.”

Insert the following new Clause—

“Apprenticeship re-assessment

Those individuals, with special educational needs, who fail the key skills or
functional skills component of the Apprenticeship Frameworks must have
the opportunity to be reassessed.”

Page 46, line 35, at end insert—

“( )   in the case of alternative education providers, a member of the
senior team”

Page 48, line 33, at end insert “including providers of alternative educational
provision including online and blended learning”

Insert the following new Clause—

“Special educational needs screening test

After section 562E(2) of the Education Act 1996 insert—

“(3)   The host authority must make arrangements to ensure that the
work force have skills and knowledge to identify special
educational needs, particularly specific learning difficulties, and
put effective interventions in place.””

Insert the following new Clause—

“Maintaining an EHC plan for detained young persons

After section 562C(2) of the Apprenticeships, Skills, Children and Learning
Act 2009, insert—

“(3)   The host local authority must make arrangements to secure special
educational provision and health care provision in accordance with
an EHC plan as agreed with the home local authority whilst the
young person is detained in relevant youth accommodation.

(4)   Regulations may make provision about maintaining an EHC plan
for a detained young person, in particular—

(a)   how the host and home local authority determine the
provisions of the EHC plan to be maintained whilst the
young person is detained;

(b)   about circumstances in which a host local authority must or
may review an EHC plan or secure a re-assessment whilst
the young person is detained;

(c)   how the provisions of the EHC plan which the host and
home local authority maintain are communicated to the
young person and parent.””

Leave out Clause 70

Page 51, line 3, at end insert—

““alternative education provision” means education arranged by local
authorities for pupils who, because of exclusion, illness or other
reasons, would not otherwise receive suitable education; education
arranged by schools for pupils on a fixed-period exclusion; and
pupils being directed by schools to off-site provision to improve
their behaviour and education provision can include online and
blended learning.”

Page 51, line 3, at end insert—

““alternative education provider” means an organisation that looks to
provide education for those pupils who, because of exclusion,
illness or other reasons, would not otherwise receive suitable
education and this includes providers of online and blended
learning.”

Insert the following new Clause—

“Sex and relationship education guidance

(1)   The Secretary of State will, within six months of this Act coming into force,
establish a working group to review and update the Sex and Relationship
Education Guidance for Schools.

(2)   The working group established under subsection (1) will include young
people, teachers, professionals and online experts.

(3)   In performing its functions under subsection (1), the working group will
have particular regard to the need for the guidance to make reference to—

(a)   the role of the internet, social media and mobile technology in sex
and relationship education;

(b)   online bullying and harassment.”

Insert the following new Clause—

“No right to give corporal punishment: part-time educational institutions

In the Education Act 1996, at the end of section 548(7B) (no right to give
corporal punishment), insert “except that it applies in relation to this
section as if for paragraphs (a) and (b) of section 92(2) of that Act there were
substituted the following words “for any amount of time during an
academic year, no matter how little””.”

Insert the following new Clause—

“PART 4A

CHILDREN’S CENTRES

Birth registration pilot scheme

Local authorities must establish a pilot scheme to trial the registration of
births within children’s centres, and evaluate the effectiveness of the
scheme to—

(a)   identify and contact new families; and

(b)   enable children’s centres to reach more families, in particular those
with children under the age of two, or who the local authority
consider—

(i)   hard to reach, or

(ii)   vulnerable.”

Insert the following new Clause—

“Information and data sharing

(1)   NHS trusts shall make arrangements to share with local authorities records
of live births to parents resident in their area, to be used by the local
authority for the purposes of identifying and contacting new families
through children’s centres and any other early years outreach services it
may operate.

(2)   The Secretary of State must, within a period of six months of the passing of
this Act, bring forward regulations placing consequential requirements on
trusts and local authorities in exercising their duty under subsection (1),
including, but not limited to—

(a)   the format of arrangements made;

(b)   the safeguarding of information;

(c)   the circumstances in which it would not be appropriate for a trust
to provide information to local authorities;

(d)   the regularity of data transfers;

(e)   timescales within which a local authority must contact new families
made known to it; and

(f)   any further requirements the Secretary of State deems necessary.”

Insert the following new Clause—

“PART 4A

PROTECTION OF CHILDREN

Actions due to a belief of possession by spirits

(1)   Section 1 of the Children and Young Persons Act 1993 (cruelty to persons
under sixteen) is amended as follows.

(2)   In subsection (1) omit the words “and has responsibility for any child or
young person under that age,” and for the word “him” substitute “any
child or young person under that age”.

(3)   In subsection (2), after paragraph (b) insert—

“(c)   in subsection (1) the meaning of “ill-treats” includes the
communication by word or by action a belief that the child is
possessed by evil spirits or has supernatural harmful powers—

(i)   to the child concerned, or

(ii)   to anyone connected to that child.””

Insert the following new Clause—

“Local authority’s duty to investigate: work with families

In section 47 of the Children Act 1989, after subsection (8) insert—

“  Where, as a result of complying with this section, a local authority
conclude that a child may need to become looked after in order to
safeguard and promote their welfare, the local authority must,
unless emergency action is required, seek to identify and consider
the willingness and suitability of any relative, friend of other person
connected with the child, to care for them as an alternative to them
becoming looked after by unrelated carers.””

Insert the following new Clause—

“Support for family and friends carers when children are not looked after

After section 17B of the Children Act 1989, insert—

“17C          Support for family and friends carers when children are not
looked after

Each local authority must make arrangements for the provision
within their area of family and friends care support services,
including—

(a)   counselling, advice and information; and

(b)   such other services as are prescribed, in relation to family
and friends care.””

Insert the following new Clause—

“Independence of the Children’s Commissioner

In Schedule 1 to the Children Act 2004, in paragraph 1 (status) after sub-
paragraph (2) insert—

“(3)   The Secretary of State shall not undermine the Children’s
Commissioner’s independence and shall ensure that the Children’s
Commissioner is under as few constraints as reasonably possible in
determining—

(a)   the Commissioner’s activities,

(b)   the Commissioner’s timetables, and

(c)   the Commissioner’s priorities.””

Insert the following new Clause—

“Children’s health: standardised tobacco packaging

(1)   The Children and Young Persons (Protection from Tobacco) Act 1991 is
amended as follows.

(2)   After section 3A (sales from vending machines in England and Wales)
there is inserted—

“3B Standardised packaging

(1)   The appropriate national authority must, 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 in England and Wales.

(2)   Regulations made under subsection (1) must 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 the person owns or manages
retail or commercial premises or a leisure facility; and

(b)   the person sells or supplies, or has in the premises or facility
for sale or supply, any tobacco product; and

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

(4)   A person (“person A”) is guilty of an offence if—

(a)   person A manufactures any tobacco product; and

(b)   either—

(i)   person A packages the product for retail sale; or

(ii)   person A enters into a contract or arrangement, or
arrives at an understanding, for another person
(person B) to package the product for retail sale; and

(c)   (in a case falling within paragraph (b)(ii)) the tobacco
product is packaged for retail sale by person B; and

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

(5)   Sections 13, 14 and 15 of the Tobacco Advertising and Promotion
Act 2002 (enforcement etc.) apply for the purposes of this section
and regulations made under it as they apply for the purposes of
provisions of that Act.

(6)   The power of the appropriate national authority to make
regulations under this section—

(a)   is exercisable by statutory instrument,

(b)   may be exercised to make different provision for different
cases or circumstances, and

(c)   includes power to make supplementary, incidental,
consequential or transitional provision.

(7)   A statutory instrument containing regulations made under this
section may not be made—

(a)   by the Secretary of State unless a draft of the instrument has
been laid before, and approved by a resolution of, each
House of Parliament, and

(b)   by the Welsh Ministers unless a draft of the instrument has
been laid before, and approved by a resolution of, the
National Assembly for Wales.

(8)   In this section—

“the appropriate national authority”—

(a)   in relation to England, means the Secretary of State;
and

(b)   in relation to Wales, means the Welsh Ministers;

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

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

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

(g)   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.””

Insert the following new Clause—

“Protection of children’s health: standardised tobacco packaging

The Secretary of State shall, within six months of this Act coming into force,
bring forward legislation making it an offence, where the sale or supply of
any tobacco product would have a detrimental impact on the health or
wellbeing of children under 18, for anyone to sell or supply any tobacco
product, the retail packaging of which is not free of any colour, shape,
trademark or any other mark as may be specified in regulations by the
Secretary of State.”

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 there is inserted—

“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—

“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) 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 a period prescribed by the Secretary of State.

(4)   An employee who exercises his or her 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 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.

(5)   For the purposes of this section, an employee is a qualifying employee if—

(a)   he or she is a family and friends (kinship) carer looking after a child
full-time because the parent(s) is unable to look after the child, and

(b)   he or she meets the criteria set out in the Regulations under
subsection (2).”

Page 123, line 2, at end insert—

“(1A)    Section (Contact between prescribed persons and adopted person’s relatives)—

(a)   so far as it relates to England, comes into force on such day as the
Secretary of State appoints by order, and

(b)   so far as it relates to Wales, comes into force on such day as the
Welsh Ministers appoint by order.”

Page 123, line 9, after “subsection” insert “(1A),”