Session 2013-14
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Children and Families Bill
marshalled
list of Amendments
to be moved
on REPORT
The amendments have been marshalled in accordance with the Order of 4th December 2013, as follows—
Clauses 73 and 74 Schedule 4 Clauses 75 to 94 Schedule 5 Clause 95 | Schedule 6 Clauses 96 to 105 Schedule 7 Clauses 106 to 119 |
[Amendments marked * are new or have been altered]
Clause 73
THE COUNTESS OF MAR
BARONESS MASHAM OF ILTON
BARONESS MASSEY OF DARWEN
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.”
LORD NASH
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.”
After Clause 73
BARONESS JONES OF WHITCHURCH
BARONESS HUGHES OF STRETFORD
BARONESS KIDRON
THE LORD BISHOP OF OXFORD
Insert the following new Clause—
(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.”
BARONESS MASSEY OF DARWEN
BARONESS WALMSLEY
LORD CORMACK
THE LORD BISHOP OF OXFORD
Insert the following new Clause—
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.””
LORD NORTHBOURNE
Insert the following new Clause—
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.””
BARONESS JONES OF WHITCHURCH
BARONESS HUGHES OF STRETFORD
BARONESS KIDRON
Insert the following new Clause—
(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—
“85B Sex and relationship education
(1) For the purposes of this Part, sex and relationship education
(“SRE”) shall include information about same-sex relationships,
sexual violence, domestic violence and sexual consent.
(2) The National Curriculum for England is not required to specify
attainment targets or assessment arrangements for SRE (and section
84(1) has effect accordingly).
(3) The Secretary of State for Education shall set out guidance to
schools and colleges to ensure that a coherent approach to sex and
relationship education is developed, including between primary
and secondary schools, paying particular regard to the need for
such guidance to make reference to the role of the internet, social
media and technology in sex and relationship education and online
bullying and harassment.
(4) It is the duty of the governing body and head teacher of any school
in which SRE is provided in pursuance of this Part to secure that
guidance issued under subsection (3) is followed and that—
(a) information presented in the course of providing SRE
should be accurate and balanced;
(b) SRE is taught in a way that is appropriate to the ages of the
pupils concerned and to their religious and cultural
backgrounds, and reflects a reasonable range of religious,
cultural and other perspectives;
(c) SRE is taught in a way that endeavours to promote equality,
celebrate diversity, and emphasise the importance of both
rights and responsibilities.
(5) In the exercise of their functions under this Part, so far as relating to
SRE, a local authority, governing body or head teacher shall have
regard to any guidance issued from time to time by the Secretary of
State.”
(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—
“(1ZA) The schools to which this section applies are—
(a) maintained schools;
(b) city technology colleges;
(c) city colleges for the technology of the arts;
(d) academies.
A reference in this section or section 404 to the governing body of a
school, in relation to a school within paragraph (b), (c) or (d), shall
be read as a reference to the proprietor of the school.”
(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—
“(1) If the parent of a pupil under the age of 15 in attendance at a school
in England to which section 403 applies requests that the pupil may
be wholly or partly excused from receiving sex and relationship
education at the school, the pupil shall be so excused accordingly
until—
(a) the request is withdrawn, or
(b) the pupil attains the age of 15.
(2) If the parent of any pupil in attendance at a maintained school in
Wales requests.””
BARONESS HOWE OF IDLICOTE
BARONESS HUGHES OF STRETFORD
LORD CORMACK
BARONESS BENJAMIN
Insert the following new Clause—
(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.”
Schedule 4
BARONESS HUGHES OF STRETFORD
BARONESS JONES OF WHITCHURCH
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.”
BARONESS WALMSLEY
LORD STOREY
BARONESS TYLER OF ENFIELD
BARONESS SHARP OF GUILDFORD
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,”
LORD NASH
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.”
Clause 76
BARONESS TYLER OF ENFIELD
LORD STOREY
BARONESS WALMSLEY
BARONESS SHARP OF GUILDFORD
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.”
BARONESS HUGHES OF STRETFORD
BARONESS JONES OF WHITCHURCH
Leave out Clause 76
After Clause 78
BARONESS WALMSLEY
LORD STOREY
BARONESS SHARP OF GUILDFORD
BARONESS TYLER OF ENFIELD
Insert the following new Clause—
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””.”
After Clause 79
THE EARL OF LISTOWEL
Insert the following new Clause—
“PART 4A
CHILDREN’S CENTRES
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—
(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.”
BARONESS WALMSLEY
Insert the following new Clause—
“PART 4A
PROTECTION OF CHILDREN
(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.””
BARONESS PITKEATHLEY
BARONESS LISTER OF BURTERSETT
Insert the following new Clause—
(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—
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—
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.”
Before Clause 80
LORD NASH
LORD STEVENSON OF BALMACARA
Insert the following new Clause—
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.”
EARL HOWE
Insert the following new Clause—
3
(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.”
LORD HUNT OF KINGS HEATH
BARONESS HUGHES OF STRETFORD
[As an amendment to Amendment 57B]
Line 3, leave out “may” and insert “must”
Clause 81
LORD KENNEDY OF SOUTHWARK
BARONESS HOWE OF IDLICOTE
LORD PATEL
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.”
After Clause 81
BARONESS BRINTON
Insert the following new Clause—
(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.”
Clause 82
BARONESS JONES OF WHITCHURCH
BARONESS HUGHES OF STRETFORD
Page 57, line 34, at end insert—
“(4AD) For the avoidance of doubt, a direction made pursuant to the
provisions of subsection (4A) as amended by subsection (4AA)
shall not have the automatic effect of transferring the functions of
the Director of Children’s Services and the Lead Member of
Children’s Services in sections 18 and 19 of the Children’s Act 2004
to the Secretary of State’s nominee.
(4AE) Before giving a direction to an authority pursuant to the provisions
of subsection (4A), the Secretary of State must give the authority 14
days’ notice in writing of the proposed direction.
(4AF) The proposed direction shall include a determination as to which
functions shall be exercised by the Secretary of State or a person
nominated by him and which functions shall be exercised by the
authority, including those set out in subsection (4AD) above.
(4AG) The authority may make written representations to the Secretary of
State about the proposed direction within that period.
(4AH) The Secretary of State may modify or withdraw a direction under
this section by notice in writing to the authority or authorities to
which it was given.”
Page 58, line 2, at end insert—
“(6D) For the avoidance of doubt, a direction made pursuant to the
provisions of subsection (6)(a) as amended by subsection (6A) shall
not have the automatic effect of transferring the functions of the
Director of Children’s Services and the Lead Member of Children’s
Services in sections 18 and 19 of the Children’s Act 2004 to the
Secretary of State’s nominee.
(6E) Before giving a direction to a best value authority pursuant to
subsection (6)(a), the Secretary of State must give the best value
authority 14 days’ notice in writing of the proposed direction.
(6F) The proposed direction shall include a determination as to which
functions shall be exercised by the Secretary of State or a person
nominated by him and which functions shall be exercised by the
best value authority, including those set out in subsection (6D).
(6G) The best value authority may make written representations to the
Secretary of State about the proposed direction within that period.
(6H) The Secretary of State may modify or withdraw a direction under
this section by notice in writing to the best value authority or
authorities to which it was given.”
After Clause 82
LORD NASH
Insert the following new Clause—
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”.”
BARONESS MASSEY OF DARWEN
BARONESS DRAKE
Insert the following new Clause—
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—
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.””
After Clause 85
LORD NASH
Insert the following new Clause—
(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—
“(4A) A person is within this subsection if the person—
(a) is a registered pupil at a maintained school or pupil
referral unit in England, and
(b) is in reception, year 1, year 2 or any other prescribed
year group at the school.
(4B) The Secretary of State may by order provide for the
following to be treated as persons within subsection (4A)—
(a) registered pupils, or any description of registered
pupils, at a maintained nursery school in England;
(b) children, or any description of children, who receive
relevant funded early years education, or any
description of such education, in England.
(4C) In subsection (4A)—
“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—
“512B Provision of school lunches: Academies
(1) Academy arrangements in relation to an Academy school or an
alternative provision Academy must include provision imposing
obligations on the proprietor that are equivalent to the school
lunches obligations.
(2) “The school lunches obligations” are the obligations imposed in
relation to maintained schools and pupil referral units in England
by—
(a) section 512(3) (provision of school lunches on request), and
(b) section 512ZB(1) (provision of free school lunches to eligible
persons).
(3) Academy arrangements in relation to an Academy (other than a 16
to 19 Academy) that are entered into before the date on which
section (Provision of free school lunches)(3) of the Children and
Families Act 2014 comes into force are to be treated as if they
included the provision required by subsection (1), to the extent that
they do not otherwise include such provision.”
BARONESS MASSEY OF DARWEN
LORD RAMSBOTHAM
Insert the following new Clause—
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.””
Clause 86
LORD RAMSBOTHAM
BARONESS MASSEY OF DARWEN
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”
LORD NASH
Page 60, line 2, after “must” insert “, in particular,”
Clause 92
LORD NASH
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.”
Clause 93
LORD RAMSBOTHAM
BARONESS MASSEY OF DARWEN
Page 63, line 37, at end insert—
“( ) A child is within this subsection if he or she is detained in
pursuance of—
(a) an order made by a court, or
(b) an order of recall made by the Secretary of State.
( ) A child is within this subsection if he or she has been identified by
a professional as a potential victim of trafficking.
( ) A child is within this subsection if he or she is a separated migrant
child.”
After Clause 95
BARONESS FINLAY OF LLANDAFF
LORD FAULKNER OF WORCESTER
BARONESS TYLER OF ENFIELD
LORD MCCOLL OF DULWICH
Insert the following new Clause—
(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—
(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.””
LORD HUNT OF KINGS HEATH
BARONESS HUGHES OF STRETFORD
Insert the following new Clause—
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.”
LORD RIBEIRO
BARONESS FINLAY OF LLANDAFF
BARONESS TYLER OF ENFIELD
LORD FAULKNER OF WORCESTER
Insert the following new Clause—
present
(1) The Health Act 2006 is amended as follows.
(2) After section 8 there is inserted—
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)”.”
Clause 99
LORD NASH
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.”
After Clause 100
BARONESS DRAKE
BARONESS MASSEY OF DARWEN
Insert the following new Clause—
(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).”
Clause 103
LORD NASH
Page 98, line 16, leave out “(2C)” and insert “(2CA)”
After Clause 104
BARONESS HOWARTH OF BRECKLAND
LORD KNIGHT OF WEYMOUTH
Insert the following new Clause—
In the Employment Rights Act 1996, after section 57A insert—
“57AA Parental bereavement leave
(1) The Secretary of State must make regulations entitling an employee
who satisfies specified conditions—
(a) as to duration of employment, and
(b) as to relationship with a child,
to be absent from work on leave under this section in consequence
of the death of a child.
(2) Regulations under subsection (1) shall secure that, where an
employee has a right to leave under this section, he or she is entitled
to a leave period of at least 2 weeks.
(3) Regulations under subsection (1) shall secure that an employee who
exercises his or her right to leave under this section—
(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.
(4) In subsection (3)(a) “terms and conditions of employment”
includes—
(a) matters connected with an employee’s employment
whether or not they arise under his or her contract of
employment; and
(b) terms and conditions about remuneration.”.”
After Clause 113
BARONESS LISTER OF BURTERSETT
BARONESS PITKEATHLEY
Insert the following new Clause—
(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.”
Clause 114
LORD NASH
Page 121, line 35, at end insert—
“( ) regulations under section (Application of Part to detained persons)(3),”
EARL HOWE
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,”
Clause 118
LORD NASH
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]
Clause 119
EARL HOWE
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.”
LORD NASH
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.”
In the Title
LORD NASH
Line 2, after “needs” insert “or disabilities”