Children and Families Bill

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—

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—

Insert the following new Clause—

“Sex and relationship education in maintained schools

(1)     In section 84(3) of the Education Act 2002 (curriculum foundation subjects
for the first, second and third key stages), after paragraph (g) insert—

“(ga)   sex and relationship education”.

(2)     In section 85(4) of the Education Act 2002 (curriculum foundation subjects
for the fourth key stage), at the end insert “, and

(d)   sex and relationship education”.

(3)     In section 74(1) of the Education and Inspections Act 2006, which (when
brought into force) will substitute a new section 85 in the Education Act
2002, in subsection (4) of that substituted section (foundation subjects for
the fourth key stage), at the end insert “, and

(d)   sex and relationship education.”

(4)     Before section 86 of the Education Act 2002 insert—

(5)     Section 403 of the Education Act 1996 (sex education: manner of provision)
is amended as set out in subsections (6) to (10).

(6)     In subsection (1), for the words from the beginning to “at a maintained
school” substitute “The governing body or other proprietor of any school
to which this section applies, and its head teacher, must take such steps as
are reasonably practicable to ensure that sex and relationships education is
given to registered pupils at the school and that”.

(7)     After that subsection insert—

(8)     In subsection (1A)—

(a)   for “when sex education is given to registered pupils at maintained
schools” substitute “when sex and relationship education is given
to registered pupils at schools to which this section applies”;

(b)   in paragraph (a), after “, and” insert “learn the nature of civil
partnership and the importance of strong and stable relationships.”;

(c)   paragraph (b) is omitted.

(9)     In subsection (1C), for “sex education” substitute “sex and relationship
education”.

(10)     In section 579 of the Education Act 1996 (general interpretation), in the
definition of “sex education” in subsection (1)—

(a)   for “sex education” substitute “sex and relationship education”;

(b)   at the end insert “but does not include education about human
reproduction provided as part of any science teaching;”.

(11)     In section 405 of the Education Act 1996 (exemption from sex education) for
“If the parent of any pupil in attendance at a maintained school requests”,
substitute—

Insert the following new Clause—

“Duty to provide an internet service that protects children

(1)     Internet service providers must provide to subscribers an internet access
service which excludes adult content unless all the conditions of subsection
(3) have been fulfilled.

(2)     Where mobile telephone operators provide a telephone service to
subscribers which includes an internet access service, they must ensure this
service excludes adult content unless all the conditions of subsection (3)
have been fulfilled.

(3)     The conditions are—

(a)   the subscriber “opts-in” to subscribe to a service that includes adult
content;

(b)   the subscriber is aged 18 or over; and

(c)   the provider of the service has an age verification policy which
meets the standards set out by OFCOM in subsection (4) and which
has been used to confirm that the subscriber is aged 18 or over
before a user is able to access adult content.

(4)     It shall be the duty of OFCOM to set, and from time to time to review and
revise, standards for the—

(a)   filtering of adult content in line with the standards set out in section
319 of the Communications Act 2003; and

(b)   age verification policies to be used under subsection (3) before a
user is able to access adult content.

(5)     The standards set out by OFCOM under subsection (4) must be contained
in one or more codes.

(6)     It shall be the duty of OFCOM to establish procedures for the handling and
resolution of complaints in a timely manner about the observance of
standards set under subsection (4).

(7)     In this section, internet service providers and mobile telephone operators
shall at all times be held harmless of any claims or proceedings, whether
civil or criminal, providing that at the relevant time, the internet access
provider or the mobile telephone operator—

(a)   was following the standards and code set out by OFCOM in
subsection (4); and

(b)   acting in good faith.

(8)     In this section—

“adult content” means material which might seriously impair the
physical, mental or moral development of persons under the age of
eighteen;

“opts-in” means a subscriber notifies the service provider of his or her
consent to subscribe to a service that includes adult content.”

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

Page 171, line 21, at end insert—

Page 171, line 32, at end insert—

“( )   the quality of the care and early education offered by the
early years providers registered with the agency,”

Page 171, line 35, leave out “and”

Page 171, line 37, at end insert “, and

(c)   the effectiveness of the arrangements of the early years
childminder agency for assuring itself of the quality of the
care and education provided by the early years providers
registered with it.”

Page 178, line 44, leave out “and”

Page 179, line 2, at end insert “, and

(c)   the effectiveness of the arrangements of the later years
childminder agency for assuring itself of the quality of the
care and education provided by the later years providers
registered with it.”

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—

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—

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 Office of the First Minister and deputy
First Minister in Northern Ireland 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.”

Line 3, leave out “may” and insert “must”

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.”

Page 57, line 34, at end insert—

Page 58, line 2, at end insert—

Insert the following new Clause—

“Application of suspension etc powers to establishments and agencies in
England

(1)     In section 14A of the Care Standards Act 2000 (power of Welsh Ministers to
suspend registration of person in respect of establishment or agency), in
subsection (1)—

(a)   for “Welsh Ministers” substitute “registration authority”, and

(b)   omit “for which the Welsh Ministers are the registration authority”.

(2)     In subsection (2) of that section, for “Welsh Ministers give” substitute
“registration authority gives”.

(3)     In section 15(4A) of that Act (duty of Welsh Ministers to give notice of
decision to grant application for cancellation or variation of suspension)—

(a)   for “Welsh Ministers decide” substitute “registration authority
decides”,

(b)   for “they” substitute “it”, and

(c)   for “their” substitute “its”.

(4)     In section 20B of that Act (urgent procedure for suspension or variation etc:
Wales), in the heading omit “: Wales”.

(5)     In subsection (1) of that section—

(a)   in paragraph (a) omit “for which the Welsh Ministers are the
registration authority”, and

(b)   in paragraph (b)—

(i)   for “Welsh Ministers have” substitute “registration
authority has”, and

(ii)   for “they act” substitute “it acts”.

(6)     In subsection (2) of that section, for “Welsh Ministers” in both places
substitute “registration authority”.

(7)     In subsection (4)(b) of that section, for “Welsh Ministers’” substitute
“registration authority’s”.”

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—

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—

Insert the following new Clause—

“Provision of free school lunches

(1)     The Education Act 1996 is amended as follows.

(2)     In section 512ZB (provision of free school lunches and milk at maintained
schools)—

(a)   in subsection (2)(a) after “subsection (4)” insert “or (4A) (or both)”,
and

(b)   after subsection (4) insert—

“maintained school” means—

(a)   a community, foundation or voluntary
school, or

(b)   a community or foundation special school;

“reception” means a year group in which the majority
of children will, in the school year, attain the age of 5;

“year 1” means a year group in which the majority of
children will, in the school year, attain the age of 6;

“year 2” means a year group in which the majority of
children will, in the school year, attain the age of 7;

“year group” means a group of children at a school the
majority of whom will, in a particular school year,
attain the same age.”;

(c)   in subsection (5), after ““prescribed”” insert “, “relevant funded
early years education””.

(3)     After section 512A insert—

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—

Page 59, line 15, at end insert—

“( )   initiate and intervene in legal proceedings, including
proceedings under section 7 of the Human Rights Act 1998
where the Children’s Commissioner is not the victim or
potential victim of the unlawful act to which the
proceedings relate”

Page 60, line 2, after “must” insert “, in particular,”

Page 63, line 9, leave out “involve children” and insert “consult children or
otherwise involve them”

Page 63, line 10, at end insert “, and

(d)   a summary of how the Commissioner has taken into
account the results of any such consultation and anything
else resulting from involving children in the discharge of his
or her functions.”

Page 63, line 37, at end insert—

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—

“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—

(3)     In section 79(4)(a), for “or 8(7)” substitute “, 8(7), or 8A(5)”.”

Page 92, line 22, at end insert—

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

Page 93, line 2, at end insert—

Page 93, line 32, at end insert—

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)”

Insert the following new Clause—

“Parental bereavement leave

In the Employment Rights Act 1996, after section 57A insert—

Insert the following new Clause—

“Review of care leave

(1)     The Secretary of State must make arrangements—

(a)   for a review of the need for further types of leave arrangements for
employees in the United Kingdom, in addition to those that
currently exist, with a view to helping families combine care for a
disabled child or adult with work, and

(b)   for a report on the outcome of the review to be produced and
published.

(2)     The arrangements made by the Secretary of State must provide for the
review to begin as soon as practicable.”

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, after “82,” insert “(Application of suspension etc powers to
establishments and agencies in England),”

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 6, at end insert—

“( )     Part 6 comes into force on 1 April 2014.”

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

[Renumbered 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”