Children and Families Bill

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 24, line 16, at end insert—

“( )   a person in charge of relevant youth accommodation—

(i)   in which there are detained persons aged 18 or under for
whom the authority was responsible immediately before
the beginning of their detention, or

(ii)   that the authority thinks is accommodation in which such
persons are likely to be detained;”

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 26, line 30, after “following” insert “persons and”

Page 26, line 33, at end insert—

“( )   the person in charge of any relevant youth accommodation;”

Page 26, line 38, after “The” insert “person or”

Page 26, line 38, leave out “it” and insert “the person or body”

Page 26, line 40, leave out “its own duties” and insert “the duties of the person or
body”

Page 26, line 41, leave out “its functions” and insert “the functions of the person or
body”

Page 26, line 42, after “A” insert “person or”

Page 26, line 44, after first “a” insert “person or”

Page 27, line 1, after “assessment” insert “, a detained person’s EHC needs
assessment”

Page 27, line 1, after second “the” insert “person or”

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 29, line 39, at end insert “or section (Assessment of post-detention education,
health and care needs of detained persons)”

[Withdrawn]

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 14, leave out “to the extent that” and insert “if”

Page 34, line 24, at end insert—

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

[Withdrawn]

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 32, at end insert—

“( )   A local authority shall not make a determination under subsection (1)(a)
that an EHC plan is no longer necessary unless it is satisfied that
appropriate alternative provision will be made in accordance with section
37 of the Care Act 2014, or otherwise.”

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 36, line 32, leave out “custodial sentence” and insert “detention order (within
the meaning of section 562(1A)(a) of EA 1996)”

Page 36, line 36, after “was” insert “—

(i)   ”

Page 36, line 37, leave out “custodial sentence.” and insert “detention, or”

Page 36, line 37, at end insert—

“(ii)   kept for him or her under section (Duty to keep EHC plans for
detained persons) during the detention.”

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.”

Insert the following new Clause—

“Single point of appeal: review

(1)   The Secretary of State will, within a year of this Act coming into force, carry
out a review to assess the feasibility of enabling a child’s parent or a young
person to appeal to the First-tier Tribunal in relation to the healthcare or
social care provision specified in an EHC plan.

(2)   In undertaking a review under subsection (1), the Secretary of State will
pay particular regard to the need for an integrated appeals process.

(3)   The Secretary of State will publish, and lay before both Houses of
Parliament, a report setting out the conclusions of the review.”

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”

Insert the following new Clause—

“Application of Part to detained persons

(1)   Subject to this section and sections (Assessment of post-detention education,
health and care needs of detained persons) to (Supply of goods and services:
detained persons), nothing in or made under this Part applies to, or in
relation to, a child or young person detained in pursuance of—

(a)   an order made by a court, or

(b)   an order of recall made by the Secretary of State.

(2)   Subsection (1) does not apply to—

(a)   section 28;

(b)   section 31;

(c)   section 69;

(d)   section 73;

(e)   any amendment made by this Part of a provision which applies to,
or in relation to, a child or young person detained in pursuance of—

(i)   an order made by a court, or

(ii)   an order of recall made by the Secretary of State.

(3)   Regulations may apply any provision of this Part, with or without
modifications, to or in relation to a child or young person detained in
pursuance of—

(a)   an order made by a court, or

(b)   an order of recall made by the Secretary of State.

(4)   The Secretary of State must consult the Welsh Ministers before making
regulations under subsection (3) which will apply any provision of this
Part to, or in relation to, a child or young person who is detained in Wales.

(5)   For the purposes of this Part—

“appropriate person”, in relation to a detained person, means—

(a)   where the detained person is a child, the detained person’s
parent, or

(b)   where the detained person is a young person, the detained
person;

“detained person” means a child or young person who is—

(a)   18 or under,

(b)   subject to a detention order (within the meaning of section
562(1A)(a) of EA 1996), and

(c)   detained in relevant youth accommodation,

and in provisions applying on a person’s release, includes a person who, immediately before release, was a detained person;

“detained person’s EHC needs assessment” means an assessment of
what the education, health care and social care needs of a detained
person will be on his or her release from detention;

“relevant youth accommodation” has the same meaning as in section
562(1A)(b) of EA 1996, save that it does not include relevant youth
accommodation which is not in England.

(6)   For the purposes of this Part—

(a)   “beginning of the detention” has the same meaning as in Chapter
5A of Part 10 of EA 1996 (persons detained in youth
accommodation), and

(b)   “the home authority” has the same meaning as in that Chapter,
subject to regulations under subsection (7) (and regulations under
section 562J(4) of EA 1996 made by the Secretary of State may also
make provision in relation to the definition of “the home authority”
for the purposes of this Part).

(7)   For the purposes of this Part, regulations may provide for paragraph (a) of
the definition of “the home authority” in section 562J(1) of EA 1996 (the
home authority of a looked after child) to apply with modifications in
relation to such provisions of this Part as may be specified in the
regulations.”

Insert the following new Clause—

“Assessment of post-detention education, health and care needs of detained
persons

(1)   This section applies in relation to a detained person for whom—

(a)   the home authority is a local authority in England, and

(b)   no EHC plan is being kept by a local authority.

(2)   A request to the home authority to secure a detained person’s EHC needs
assessment for the detained person may be made by—

(a)   the appropriate person, or

(b)   the person in charge of the relevant youth accommodation where
the detained person is detained.

(3)   Where this subsection applies, the home authority must determine
whether it may be necessary for special educational provision to be made
for the detained person in accordance with an EHC plan on release from
detention.

(4)   Subsection (3) applies where—

(a)   a request is made under subsection (2),

(b)   the detained person has been brought to the home authority’s
attention by any person as someone who has or may have special
educational needs, or

(c)   the detained person has otherwise come to the home authority’s
attention as someone who has or may have special educational
needs.

(5)   In making a determination under subsection (3), the home authority must
consult—

(a)   the appropriate person, and

(b)   the person in charge of the relevant youth accommodation where
the detained person is detained.

(6)   Where the home authority determines that it will not be necessary for
special educational provision to be made for the detained person in
accordance with an EHC plan on release from detention, it must notify the
appropriate person and the person in charge of the relevant youth
accommodation where the detained person is detained—

(a)   of the reasons for that determination, and

(b)   that accordingly it has decided not to secure a detained person’s
EHC needs assessment for the detained person.

(7)   Subsection (8) applies where—

(a)   the detained person has not been assessed under this section or
section 36 during the previous six months, and

(b)   the home authority determines that it may be necessary for special
educational provision to be made for the detained person in
accordance with an EHC plan on release from detention.

(8)   The home authority must notify the appropriate person and the person in
charge of the relevant youth accommodation where the detained person is
detained—

(a)   that it is considering securing a detained person’s EHC needs
assessment for the detained person, and

(b)   that the appropriate person and the person in charge of the relevant
youth accommodation where the detained person is detained each
have the right to—

(i)   express views to the authority (orally or in writing), and

(ii)   submit evidence to the authority.

(9)   The home authority must secure a detained person’s EHC needs
assessment if, after having regard to any views expressed and evidence
submitted under subsection (8), the authority is of the opinion that—

(a)   the detained person has or may have special educational needs, and

(b)   it may be necessary for special educational provision to be made for
the detained person in accordance with an EHC plan on release
from detention.

(10)   After a detained person’s EHC needs assessment has been carried out, the
local authority must notify the appropriate person and the person in charge
of the relevant youth accommodation where the detained person is
detained of—

(a)   the outcome of the assessment,

(b)   whether it proposes to secure that an EHC plan is prepared for the
detained person, and

(c)   the reasons for that decision.

(11)   Regulations may make provision about detained persons’ EHC needs
assessments, in particular—

(a)   about requests under subsection (2);

(b)   imposing time limits in relation to consultation under subsection
(5);

(c)   about giving notice;

(d)   about expressing views and submitting evidence under subsection
(8);

(e)   about how detained persons’ EHC needs assessments are to be
conducted;

(f)   about advice to be obtained in connection with a detained person’s
EHC needs assessment;

(g)   about combining a detained person’s EHC needs assessment with
other assessments;

(h)   about the use for the purposes of a detained person’s EHC needs
assessment of information obtained as a result of other assessments;

(i)   about the use of information obtained as a result of a detained
person’s EHC needs assessment, including the use of that
information for the purposes of other assessments;

(j)   about the provision of information, advice and support in
connection with a detained person’s EHC needs assessment.”

Insert the following new Clause—

“Securing EHC plans for certain detained persons

(1)   Where, in the light of a detained person’s EHC needs assessment it is
necessary for special education provision to be made for the detained
person in accordance with an EHC plan on release from detention, the
home authority must secure that an EHC plan is prepared for him or her.

(2)   Sections 37(2) to (6) and 38 to 40 apply in relation to an EHC plan secured
under subsection (1) as they apply to an EHC plan secured under section 37(1), with the following modifications—

(a)   references to “the child or young person” are to be read as
references to the detained person,

(b)   references to the local authority are to be read as references to the
home authority, and

(c)   references to the child’s parent or the young person are to be read
as references to the appropriate person.

(3)   Section 33(2) to (7) apply where a home authority is securing the
preparation of an EHC plan under this section as they apply where a local
authority is securing a plan under section 37, with the following
modifications—

(a)   references to “the child or young person” are to be read as
references to the detained person,

(b)   references to the local authority are to be read as references to the
home authority,

(c)   references to the child’s parent or the young person are to be read
as references to the appropriate person, and

(d)   the reference in subsection (2) to section 39(5) and 40(2) is to be read
as a reference to those provisions as applied by subsection (2) of this
section.”

Insert the following new Clause—

“EHC plans for certain detained persons: appeals and mediation

(1)   An appropriate person in relation to a detained person may appeal to the
First-tier Tribunal against the matters set out in subsection (2), subject to
section 52 (as applied by this section).

(2)   The matters are—

(a)   a decision of the home authority not to secure a detained person’s
EHC needs assessment for the detained person;

(b)   a decision of the home authority, following a detained person’s
EHC needs assessment, that it is not necessary for special
educational provision to be made for the detained person in
accordance with an EHC plan on release from detention;

(c)   where an EHC plan is secured for the detained person—

(i)   the school or other institution named in the plan, or the type
of school or other institution named in the plan;

(ii)   if no school or other institution is named in the plan, that
fact.

(3)   The appropriate person may appeal to the First-tier Tribunal under
subsection (2)(c) only when an EHC plan is first finalised for the detained
person in accordance with section (Securing EHC plans for certain detained
persons).

(4)   Regulations may make provision about appeals to the First-tier Tribunal in
respect of EHC plans secured under section (Securing EHC plans for certain
detained persons), in particular about—

(a)   making and determining appeals;

(b)   the powers of the First-tier Tribunal on determining an appeal;

(c)   unopposed appeals.

(5)   A person commits an offence if without reasonable excuse that person fails
to comply with any requirement—

(a)   in respect of the discovery or inspection of documents, or

(b)   to attend to give evidence and produce documents,

where that requirement is imposed by Tribunal Procedure Rules in relation
to an appeal under this section.

(6)   A person guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(7)   Section 52(2) to (9) apply where an appropriate person intends to appeal to
the First-tier Tribunal under this section as they apply where a child’s
parent or young person intends to appeal under section 51, with the
following modifications—

(a)   references to the child’s parent or young person are to be read as
references to the appropriate person, and

(b)   references to the local authority are to be read as references to the
home authority.

(8)   Regulations under subsection (7) of section 52 may make provision for the
purposes of subsection (7) of this section, and accordingly in subsection
(7)(f) of section 52—

(a)   the reference to a child’s parent is to be read as a reference to the
parent of a detained person who is a child, and

(b)   the reference to the child is to be read as a reference to a detained
person who is a child.”

Insert the following new Clause—

“Duty to keep EHC plans for detained persons

(1)   This section applies in relation to a detained person—

(a)   for whom a local authority in England was maintaining an EHC
plan immediately before the beginning of his or her detention, or

(b)   for whom the home authority has secured the preparation of an
EHC plan under section (Securing EHC plans for certain detained
persons).

(2)   The home authority must keep the EHC plan while the person is detained
in relevant youth accommodation.

(3)   Regulations may make provision about the keeping of EHC plans under
subsection (2), and the disclosure of such plans.

(4)   The home authority must use its best endeavours to arrange appropriate
special educational provision for the detained person while he or she is
detained in relevant youth accommodation.

(5)   If the EHC plan specifies health care provision, the detained person’s
health services commissioner must use its best endeavours to arrange
appropriate health care provision for the detained person while he or she
is detained in relevant youth accommodation.

(6)   For the purposes of subsection (4), appropriate special educational
provision is—

(a)   the special educational provision specified in the EHC plan,

(b)   educational provision corresponding as closely as possible to the
special educational provision specified in the plan, or

(c)   if it appears to the home authority that the special educational
provision specified in the plan is no longer appropriate for the
person, such special educational provision as reasonably appears to
the home authority to be appropriate.

(7)   For the purposes of subsection (5), appropriate health care provision is—

(a)   the health care provision specified in the EHC plan,

(b)   health care provision corresponding as closely as possible to the
health care provision specified in the plan, or

(c)   if it appears to the detained person’s health services commissioner
that the health care provision specified in the plan is no longer
appropriate for the person, such health care provision as reasonably
appears to the detained person’s health services commissioner to be
appropriate.

(8)   In this section, “detained person’s health services commissioner”, in
relation to a detained person, means the body that is under a duty under
the National Health Service Act 2006 to arrange for the provision of
services or facilities in respect of the detained person during his or her
detention.”

Insert the following new Clause—

“Supply of goods and services: detained persons

(1)   A local authority in England may supply goods and services to any
authority or other person making special educational provision for a
detained person, but only for the purpose set out in subsection (2).

(2)   The purpose is that of assisting the local authority in the performance of a
duty under section (Duty to keep EHC plans for detained persons).

(3)   The goods and services may be supplied on the terms and conditions that
the authority thinks fit, including terms as to payment.”

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 157, line 34, leave out sub-paragraphs (2) to (4) and insert—

“( )   In subsection (1), after “local authority” insert “in Wales”.

( )   In the title, after “with” insert “statement of”.

55A          In section 562D (appropriate special educational provision:
arrangements between local authorities), in subsection (2) after “local
authority” insert “in Wales”.”

Page 157, line 40, leave out sub-paragraphs (2) to (8) and insert—

“( )   In subsection (1) after “local authority” insert “in Wales”.

( )   In subsection (2) after “home authority” insert “, where they are a local
authority in Wales,”.

( )   In subsection (4) after “local authority” insert “in Wales”.

( )   In subsection (5) after “local authority” insert “in Wales”.

( )   In subsection (7)—

(a)   in paragraph (a) after “home authority” insert “, where they are a
local authority in Wales”, and

(b)   in paragraph (b) after “authority” insert “in Wales”.

( )   In subsection (8)—

(a)   after “home authority”, where it first occurs insert “, where they
are a local authority in Wales”, and

(b)   in paragraph (a) after “local authority” insert “in Wales”.”

Page 158, line 18, leave out sub-paragraphs (2) and (3) and insert—

“( )   In subsection (1)—

(a)   after “person” insert “—

(a)   ”, and

(b)   after “apply” insert “, and

(b)   for whom the home authority are a local authority
in Wales.”

( )   In subsection (4), for “Subsections (5) and (6) apply” substitute
“Subsection (6) applies”.

( )   Omit subsection (5).

( )   In subsection (6), omit paragraph (b) and the “and” preceding it.”

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 1, at beginning 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 1, at beginning 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 4, at end insert—

““appropriate person” has the meaning given by section (Application
of Part to detained persons)(5);

“beginning of the detention” has the meaning given by section
(Application of Part to detained persons)(6);

“detained person” has the meaning given by section (Application of
Part to detained persons)(5);

“detained person’s EHC needs assessment” has the meaning given by
section (Application of Part to detained persons)(5);”

Page 51, line 9, at end insert—

““the home authority” has the meaning given by section (Application of
Part to detained persons)(6) (subject to subsection (7) of that section);”

Page 51, line 28, at end insert—

““relevant youth accommodation” has the meaning given by section
(Application of Part to detained persons)(5);”

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.”

Insert the following new Clause—

“School policies to support well-being of children and young people

After section 78 of the Education Act 2002 insert—

“78A           Duty of schools to promote the academic, spiritual, cultural,
mental and physical development of children

(1)   All schools shall make explicit to parents, school governors and
pupils how they deliver—

(a)   school policies which contribute to the health and well
being of pupils;

(b)   pastoral care focused on the safety and well being of pupils
and which, where appropriate, works in conjunction with
support systems from agencies outside the school;

(c)   a school ethos which fosters respect for self and others;

(d)   a school curriculum from which pupils gain the information
and skills to support their academic, spiritual, emotional,
moral, physical and cultural well being and which prepares
them for adult life; and

(e)   the school’s commitment to democratic principles and good
citizenship.

(2)   The above shall be delivered as appropriate to the age, readiness
and needs of pupils in the school.

(3)   School governors shall be responsible, in their annual report, for
specifying how the above is implemented.””

Insert the following new Clause—

“School policies to prepare children and young people for the opportunities,
challenges and responsibilities of adult life

After section 78 of the Education Act 2002 insert—

“78A          Duty of schools to promote the personal and social development of
pupils, and to prepare them for the responsibilities of adult life
and parenthood

(1)   All schools shall make explicit to parents, school governors and
pupils how they deliver—

(a)   guidance to young people as they explore the opportunities
and challenges of the adult life which lies ahead of them;

(b)   help for children and young people who are pupils at the
school to develop the personal, social and communication
skills that they are likely to need in their adult life;

(c)   help for children and young people who are pupils at the
school to discuss and understand the responsibilities, duties
and challenges of parenthood;

(d)   provision of activities and other opportunities for pupils at
the school to develop interpersonal, leadership and
teamwork skills as a preparation for their adult life.

(2)   The above shall be delivered as appropriate to the age, readiness
and needs of pupils in the school.””

Page 171, line 15, after “agency” insert “, or any individual childminder registered
at the agency,”

Page 171, line 21, at end insert—

“( )   The Chief Inspector must at such intervals as may be prescribed
inspect all early years provision registered with an early years
childminder agency.”

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.”

Leave out Clause 76

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—

“Amendments to the Carers (Recognition and Services) Act 1995

(1)   The Carers (Recognition and Services) Act 1995 is amended as follows.

(2)   Section 1(2)(b) is repealed.

(3)   After section 1(2) insert—

“(2A)    Subject to subsection (3), in any case where it appears to the local
authority that a person with parental responsibility for a disabled
child (“the carer”) may have needs for support (whether currently
or in the future) the authority must—

(a)   assess whether the carer does have needs for support (or is
likely to do so in the future),

(b)   where the carer has such needs, (or is likely to in the future),
take the results of that assessment into account in making
their decision as to whether the needs of the disabled child
call for the provision of any services.””

Insert the following new Clause—

“Amendments to the Carers and Disabled Children Act 2000

For section 6(1) of the Carers and Disabled Children Act 2000, substitute—

“(1)   Where it appears to the local authority that a person with parental
responsibility for a disabled child (“the carer”) may have needs for
support (whether currently or in the future), the authority must
assess—

(a)   whether the carer does have needs for support (or is likely
to do so in the future), and

(b)   where the carer has such needs, what those needs are (or are
likely to be in the future).””

Insert the following new Clause—

“General responsibilities of local authorities in relation to carers of disabled
children

(1)   The general duty of a local authority in exercising a function under this Part
in the case of an adult, is to promote that carer’s well-being.

(2)   “Well-being”, in relation to an individual, means that individual’s well-
being so far as relating to any of the following—

(a)   personal dignity (including treatment of the individual with
respect);

(b)   physical and mental health and emotional well-being;

(c)   protection from abuse and neglect;

(d)   control by the individual over day-to-day life (including over care
and support, or support, provided to the individual and the way in
which it is provided);

(e)   participation in work, education, training or recreation;

(f)   social and economic well-being;

(g)   domestic, family and personal relationships;

(h)   suitability of living accommodation; or

(i)   the individual’s contribution to society.

(3)   In exercising a function under this Part in the case of an individual, a local
authority must have regard to the following matters in particular—

(a)   the importance of beginning with the assumption that the
individual is best-placed to judge the individual’s well-being;

(b)   the individual’s views, wishes, feelings and beliefs;

(c)   the importance of preventing or delaying the development of needs
for care and support or needs for support and the importance of
reducing needs of either kind that already exist;

(d)   the need to ensure that decisions about the individual are made
having regard to all the individual’s circumstances (and are not
based only on the individual’s age or appearance or any condition
of the individual’s or aspect of the individual’s behaviour which
might lead others to make unjustified assumptions about the
individual’s well-being);

(e)   the importance of the individual participating as fully as possible in
decisions relating to the exercise of the function concerned and
being provided with the information and support necessary to
enable the individual to participate;

(f)   the importance of achieving a balance between the individual’s
well-being and that of any friends or relatives who are involved in
caring;

(g)   the need to protect people from abuse and neglect; and

(h)   the need to ensure that any restriction on the individual’s rights or
freedom of action that is involved in the exercise of the function is
kept to the minimum necessary for achieving the purpose for which
the function is being exercised.

(4)   “Local authority” means—

(a)   a county council in England;

(b)   a district council for an area in England for which there is no county
council;

(c)   a London borough council; or

(d)   the Common Council of the City of London.

(5)   In this Part, an “individual” is—

(a)   an adult aged 18 or over who has parental responsibility for a
disabled child under Part III of the Children Act 1989.

(6)   An adult is not to be regarded as a carer if the adult provides or intends to
provide care—

(a)   under or by virtue of a contract, or

(b)   as voluntary work.”

Insert the following new Clause—

“Extension of licensing of child performances to children under 14

Section 38 of the Children and Young Persons Act 1963 (licences for
performances by children under 14 not to be granted except for certain
dramatic or musical performances) is repealed.”

Insert the following new Clause—

“Regulation of retail packaging etc of tobacco products

(1)   The Secretary of State may make regulations under subsection (6) or (8) if
the Secretary of State considers that the regulations may contribute at any
time to reducing the risk of harm to, or promoting, the health or welfare of
people under the age of 18.

(2)   Subsection (1) does not prevent the Secretary of State, in making
regulations under subsection (6) or (8), from considering whether the
regulations may contribute at any time to reducing the risk of harm to, or
promoting, the health or welfare of people aged 18 or over.

(3)   The Secretary of State may treat regulations under subsection (6) or (8) as
capable of contributing to reducing the risk of harm to, or promoting, the
health or welfare of people under the age of 18 if the Secretary of State
considers that—

(a)   at least some of the provisions of the regulations are capable of
having that effect, or

(b)   the regulations are capable of having that effect when taken
together with other regulations that were previously made under
subsection (6) or (8) and are in force.

(4)   Regulations under subsection (6) or (8) are to be treated for the purposes of
subsection (1) or (2) as capable of contributing to reducing the risk of harm
to, or promoting, people’s health or welfare if (for example) they may
contribute to any of the following—

(a)   discouraging people from starting to use tobacco products;

(b)   encouraging people to give up using tobacco products;

(c)   helping people who have given up, or are trying to give up, using
tobacco products not to start using them again;

(d)   reducing the appeal or attractiveness of tobacco products;

(e)   reducing the potential for elements of the packaging of tobacco
products other than health warnings to detract from the
effectiveness of those warnings;

(f)   reducing opportunities for the packaging of tobacco products to
mislead consumers about the effects of using them;

(g)   reducing opportunities for the packaging of tobacco products to
create false perceptions about the nature of such products;

(h)   having an effect on attitudes, beliefs, intentions and behaviours
relating to the reduction in use of tobacco products.

(5)   Regulations under subsection (6) or (8) are to be treated for the purposes of
subsection (1) as capable of contributing to reducing the risk of harm to, or
promoting, the health or welfare of people under the age of 18 if—

(a)   they may contribute to reducing activities by such people which
risk harming their health or welfare after they reach the age of 18, or

(b)   they may benefit such people by reducing the use of tobacco
products among people aged 18 or over.

(6)   The Secretary of State may by regulations make provision about the retail
packaging of tobacco products.

(7)   Regulations under subsection (6) may in particular impose prohibitions,
requirements or limitations relating to—

(a)   the markings on the retail packaging of tobacco products (including
the use of branding, trademarks or logos);

(b)   the appearance of such packaging;

(c)   the materials used for such packaging;

(d)   the texture of such packaging;

(e)   the size of such packaging;

(f)   the shape of such packaging;

(g)   the means by which such packaging is opened;

(h)   any other features of the retail packaging of tobacco products which
could be used to distinguish between different brands of tobacco
product;

(i)   the number of individual tobacco products contained in an
individual packet;

(j)   the quantity of a tobacco product contained in an individual packet.

(8)   The Secretary of State may by regulations make provision imposing
prohibitions, requirements or limitations relating to—

(a)   the markings on tobacco products (including the use of branding,
trademarks or logos);

(b)   the appearance of such products;

(c)   the size of such products;

(d)   the shape of such products;

(e)   the flavour of such products;

(f)   any other features of tobacco products which could be used to
distinguish between different brands of tobacco product.

(9)   The Secretary of State may by regulations—

(a)   create offences which may be committed by persons who produce
or supply tobacco products the retail packaging of which breaches
prohibitions, requirements or limitations imposed by regulations
under subsection (6);

(b)   create offences which may be committed by persons who produce
or supply tobacco products which breach prohibitions,
requirements or limitations imposed by regulations under
subsection (8);

(c)   provide for exceptions and defences to such offences;

(d)   make provision about the liability of others to be convicted of such
offences if committed by a body corporate or a Scottish partnership.

(10)   The Secretary of State may by regulations provide that regulations under
subsection (6) or (8) are to be treated for the purposes specified in
regulations under this subsection as safety regulations within the meaning
of the Consumer Protection Act 1987.

(11)   The Secretary of State may by regulations make provision amending,
repealing, revoking or otherwise modifying any provision made by or
under an enactment (whenever passed or made) in connection with
provision made by regulations under any of subsections (6), (8), (9) or (10).

(12)   The Secretary of State must—

(a)   obtain the consent of the Scottish Ministers before making
regulations under any of subsections (6), (8), (9) or (10) containing
provision which would (if contained in an Act of the Scottish
Parliament) be within the legislative competence of that Parliament;

(b)   obtain the consent of the Welsh Ministers before making
regulations under any of those subsections containing provision
which would (if contained in an Act of the National Assembly for
Wales) be within the legislative competence of that Assembly;

(c)   obtain the consent of the Department of Health, Social Services and
Public Safety before making regulations under any of those
subsections containing provision which would (if contained in an
Act of the Northern Ireland Assembly) be within the legislative
competence of that Assembly.

(13)   For the purposes of this section a person produces a tobacco product if, in
the course of a business and with a view to the product being supplied for
consumption in the United Kingdom or through the travel retail sector, the
person—

(a)   manufactures the product,

(b)   puts a name, trademark or other distinguishing mark on it by which
the person is held out to be its manufacturer or originator, or

(c)   imports it into the United Kingdom.

(14)   For the purposes of this section a person supplies a tobacco product if in the
course of a business the person—

(a)   supplies the product,

(b)   offers or agrees to supply it, or

(c)   exposes or possesses it for supply.

(15)   In this section—

“enactment” includes—

(a)   an Act of the Scottish Parliament,

(b)   a Measure or Act of the National Assembly for Wales, or

(c)   Northern Ireland legislation;

“external packaging”, “internal packaging” and “wrapper” have the
meanings given by regulations under subsection (6);

“packaging”, in relation to a tobacco product, means—

(a)   the external packaging of that product,

(b)   any internal packaging of that product,

(c)   any wrapper of that product, or

(d)   any other material attached to or included with that product
or anything within paragraphs (a) to (c);

“retail packaging”, in relation to a tobacco product, means the
packaging in which it is, or is intended to be, presented for retail
sale;

“retail sale” means sale otherwise than to a person who is acting in the
course of a business which is part of the tobacco trade;

“tobacco product” means a product consisting wholly or partly of
tobacco and intended to be smoked, sniffed, sucked or chewed;

“travel retail sector” means retail outlets in the United Kingdom at
which tobacco products may be purchased only by people
travelling on journeys to destinations outside the United
Kingdom.”

Page 57, line 16, at end insert—

“(7)   In preparing and implementing individual health care plans and following
the guidance issued by the Secretary of State, local authorities, clinical
commissioning groups and governing bodies must work together in
fulfilling their functions under this Act.”

Insert the following new Clause—

“Provision and support for bullied children

(1)   The Secretary of State must produce an anti-bullying strategy (“the
Strategy”) (and consequential Code of Practice and Statutory Guidelines)
for schools and further education institutions on ways of preventing and
protecting children and young people from bullying and ensuring effective
recovery programmes to counter the consequences of severe bullying.

(2)   The Strategy produced under subsection (1) must include a comprehensive
definition of bullying.

(3)   The Strategy shall ensure cross links between the SEN and Anti-Bullying
Codes of Practice and Statutory Guidelines, so that schools are aware that
some bullied children and young people will have special educational
needs.

(4)   Where the impact of bullying results in a pupil or student having social,
mental or emotional needs, schools and further education institutions
should use the graduated approach detailed in the SEN Code of Practice,
but if those needs are complex and will not be met through this approach,
then an education, health and care plan should be made.

(5)   Where any bullied child or student who has been out of school or further
education institution for a period of three months or longer, and who has
mental or emotional problems (whether or not they are impacting on the
child or student’s learning), the school or further education institution will
have a duty to help provide an urgent referral to the child or young
person’s local Child and Adolescent Mental Health Service.

(6)   A bullied pupil or student who is unable to attend their school or
institution, but who is still on the roll, must be brought to the attention of
the local authority by their school or institution within three months of
starting to miss school.

(7)   Where a pupil or student is brought to the attention of the local authority
under subsection (6), it has a duty to find alternative provision that is
suitable for the pupil or student and their needs, and the pupil or student’s
educational establishment has a duty to co-operate with the local authority.

(8)   During an inspection, OFSTED will expect a school or institution to
provide details of the plan for any child out of school for an extended
period who is still on the school roll.”

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)”.”

Page 92, line 22, at end insert—

“(3CA)   Regulations may provide for a reduction in the duration of the
maternity allowance period as it applies to a woman to be revoked,
or to be treated as revoked, subject to prescribed restrictions and
conditions.”

Page 92, line 23, leave out “(3C)” and insert “(3CA)”

Page 93, line 2, at end insert—

“(3D)    Regulations may provide for a reduction in the duration of the
maternity pay period as it applies to a woman to be revoked, or to
be treated as revoked, subject to prescribed restrictions and
conditions.”

Page 93, line 32, at end insert—

“(2CA)   Regulations may provide for a reduction in the duration of the
adoption pay period as it applies to a person to be revoked, or to be
treated as revoked, subject to prescribed restrictions and
conditions.”

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 98, line 16, leave out “(2C)” and insert “(2CA)”

Page 121, line 35, at end insert—

“( )   regulations under section (Application of Part to detained persons)(3),”

Page 121, line 36, after “55(1),” insert—

“(ba)   regulations under subsection (6), (8), (9) or (10) of section
(Regulation of retail packaging etc of tobacco products),

(bb)   regulations under subsection (11) of that section which amend,
repeal or revoke any provision of an enactment within the meaning
of that section,”

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 5, leave out “and 84” and insert “, 84 and (Extension of licensing of child
performances to children under 14)”

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

[Re-numbered as Amendment 64A]

Page 123, line 18, at end insert—

“(3A)    Section (Regulation of retail packaging etc of tobacco products) extends to the
whole of the United Kingdom.”

Page 123, line 24, at end insert “, subject to subsection (8).

(8)   Subsection (7) does not apply to the repeal made by section (Extension of
licensing of child performances to children under 14), which extends to England
and Wales only.”

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