Children and Families Bill

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,

  to the child;

(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.””

Page 19, line 20, at end insert—

“( )   the need to continue to develop an inclusive system where parents
of disabled children have increasing access to mainstream schools
and staff and which have the capacity to meet the needs of disabled
children.”

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 Act, 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 educates or trains a
child or young person is to be treated as special educational provision
(instead of health care provision or social care provision).”

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 20, line 24, after “identifies” insert “—

(a)   ”

Page 20, line 25, at end insert “, and

(b)   all the children and young people in its area who have a disability.”

Insert the following new Clause—

“Data on the number of children and young people with special educational
needs and disabilities

(1)   A local authority in England must publish information annually within the
local offer on the number of children and young people in its area who have
special educational needs and disabilities.

(2)   Information under subsection (1) must be published by type of special
educational need and disability.”

Transpose Clause 23 to after Clause 24

Page 20, line 38, at end insert “or a disability”

Page 21, line 7, after “needs” insert “or disability”

Page 21, line 11, leave out “special educational” and insert “educational provision
and training”

Page 21, line 14, after “needs” insert “or a disability”

Page 21, line 32, after first “for” insert “—

(a)   ”

Page 21, line 33, at end insert “, and

(b)   children and young people in the authority’s area who have a
disability.”

Page 21, line 40, after “by” insert “—

(i)   ”

Page 21, line 42, leave out “concerned” and insert “within subsection (1)(a)”

Page 21, line 42, after “needs” insert “, and

(ii)   the disabilities of the children and young people within
subsection (1)(b)”

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 27, after second “for” insert “—

(i)   ”

Page 22, line 29, after “needs” insert “, or

(ii)   any children and young people in the authority’s area who
have a disability”

Page 22, line 32, leave out “such children and young people” and insert “children
and young people within paragraph (a)”

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 40, leave out “special educational” and insert “educational provision,
training”

Page 22, line 42, after “needs” insert “or a disability”

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

Page 22, line 43, leave out “special educational” and insert “educational provision,
training”

Page 22, line 44, after first “for” insert “—

(i)   ”

Page 22, line 45, at end insert “, and

(ii)   children and young people in its area who have a
disability.”

Page 23, line 2, leave out “special educational” and insert “educational needs,
training”

Page 23, line 3, at end insert—

“(2A)    If the educational and social care provision referred to in subsection (1)(a)
and (b) is deemed insufficient to meet the needs of children and young
people under subsection (2), a local authority must—

(a)   publish these findings;

(b)   involve those consulted under subsection (3) in producing an action
plan to revise the educational and social care provision referred to
in subsection (1)(a) and (b);

(c)   review and report on progress against the action plan; and

(d)   revise the local offer accordingly.

(2B)   Regulations shall make provision about—

(a)   criteria to be used by local authorities in assessing whether the
educational and social care provision referred to in subsection (1)(a)
and (b) is sufficient under subsection (2);

(b)   the information to be included in an authority’s action plan;

(c)   how an authority is to involve children, young people and families
in the production of, and assessment of progress against, its action
plan;

(d)   imposing time limits on implementing the revision of the
educational and social care provision referred to in subsection (1)(a)
and (b) that has been deemed insufficient under subsection (2A).”

Page 23, line 5, leave out paragraph (a) and insert—

“( )   children and young people in its area with special educational
needs, and the parents of children in its area with special
educational needs;

( )   children and young people in its area who have a disability, and the
parents of children in its area who have a disability;”

Page 23, line 17, after “by” insert “—

(i)   ”

Page 23, line 18, at end insert “, or

(ii)   children or young people in its area who have a disability”

Page 23, line 20, after “to” insert “—

(i)   ”

Page 23, line 20, at end insert “, or

(ii)   children or young people in its area who have a disability”

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 23, after “needs” insert “or a disability”

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

Page 25, line 25, after first “for” insert “—

(i)   ”

Page 25, line 26, at end insert “, and

(ii)   children and young people in its area who have a
disability.”

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

Page 25, line 30, at beginning insert “other”

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

Page 26, line 2, at end insert “—

(i)   ”

Page 26, line 4, at end insert—

“(ii)   children and young people who have a disability, and the
parents of children who have a disability, and”

Page 26, line 5, at end insert “(including details of any action the authority intends
to take)”

Page 26, line 5, at end insert—

“(6A)    The Secretary of State shall lay a draft of regulations setting out the
standards and quality of the special educational provision, health care
provision and social care provision which local authorities must meet in
their local offer, and the regulations are not to be made unless they have
been approved by a resolution of each House of Parliament.

(6B)   Once regulations under subsection (6A) have been made, the Secretary of
State must—

(a)   issue guidance to local authorities on how to meet these
regulations, and

(b)   publish information on these regulations accessible to the families
of children and young people with special educational needs on the
Department’s website, and in any other way he sees fit.”

Page 26, line 13, after “involve” insert “—

(i)   ”

Page 26, line 15, leave out from “needs,” to end of line and insert “and

(ii)   children and young people who have a disability, and the
parents of children who have a disability,

in the preparation and review of its local offer;”

Page 26, line 21, at end insert “—

(i)   ”

Page 26, line 23, at end insert “, and

(ii)   children and young people who have a disability and those
who care for them”

Page 27, line 4, after first “for” insert “children and young people for whom it is
responsible, and”

Page 27, line 5, leave out “and young people for whom it is responsible,”

Page 27, line 7, at end insert—

“(1A)    A local authority in England must arrange for children and young people
in its area with a disability, and the parents of children in its area with a
disability, to be provided with advice and information about matters
relating to the disabilities of the children or young people concerned.”

Page 27, line 9, leave out “subsection (1)” and insert “subsections (1) and (1A)”

Page 27, line 10, at end insert—

“( )   children in its area;”

Page 27, line 15, leave out “subsection (1)” and insert “subsections (1) and (1A)”

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

Page 28, line 41, leave out subsection (9)

Page 30, line 20, leave out subsection (10)

Page 30, line 20, after “In” insert “making a determination or”

Page 30, line 21, leave out “have regard to his or her age” and insert “consider
whether he or she requires additional time, in comparison to the majority of others
of the same age who do not have special educational needs, to complete his or her
education or training”.

Page 30, line 21, leave out “age” and insert “educational progress”

Page 31, line 10, leave out subsection (4)

Page 31, line 11, leave out “age” and insert “educational progress”

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 35, line 7, leave out subsection (5)

Page 35, line 9, leave out “his or her age” and insert “whether the educational or
training outcomes specified in the plan have been achieved”

Page 35, line 9, leave out “age” and insert “educational progress”

Page 35, line 37, leave out “child or young person” and insert “young person aged
over 18”

Page 35, line 39, after “educational” insert “or training”

Page 35, line 41, leave out subsection (4)

Page 35, line 43, leave out “age” and insert “educational progress”

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

Page 38, line 42, at end insert—

“(g)   the social care provision specified in an EHC plan;

(h)   the healthcare provision specified in an EHC plan.”

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”

Insert the following new Clause—

“Guidance on duty to maintain a register of disabled children and young people
under section 17 of the Children Act 1989

The Secretary of State shall issue impairment specific guidance, whether in
regulation or otherwise, to local authorities on how they can most
effectively discharge their duty to maintain a register of disabled children
and young people under section 17 of the Children Act 1989.”

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 needs 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—

“Inspection and review of local authority special educational needs provision

Services included in the local offer that are delivered or commissioned by
the local authority for the provision of specialist education support for
children with special educational needs under this Act shall be subject to
inspection by an appointed regulator and the findings shall be published.”

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 161, line 5, at end insert—

“Children Act 1989 (c. 41)

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

(2)   In section 23E (pathway plans), in subsection (1A)(a) after “Education
Act 1996” insert “or Part 3 of the Children and Families Act 2013”.

(3)   In Part 1 of Schedule 2 (provision of services to families) in paragraph 3
(assessment of children’s needs) after paragraph (b) insert—

“(ba)   Part 3 of the Children and Families Act 2013;”.”

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.”

Page 51, line 40, at end insert—

“( )   A child or young person has a disability for the purposes of this Part if he
or she has a disability for the purposes of the Equality Act 2010.”

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.”

Page 171, line 32, at end insert—

Page 52, line 25, at end insert—

“( )   The Secretary of State must, within four years of the coming into force of
subsection (1), conduct a review of the impact of removal of section 11 of
the Childcare Act 2006 on the sufficiency of childcare in England.

( )   The Secretary of State must—

(a)   lay a copy of the report before Parliament, and

(b)   publish the report in such a manner as they think fit.”

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—

“(8A)    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),”

Line 2, after “needs” insert “or disabilities”