Children and Families Bill

Fifth
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 80 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]

Before Clause 80

EARL HOWE

57B

Insert the following new Clause—

“Regulation of retail packaging etc of tobacco products


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]

57BA


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

LORD HUNT OF KINGS HEATH

BARONESS HUGHES OF STRETFORD

LORD FAULKNER OF WORCESTER

57BB

Insert the following new Clause—

“Protection of Children’s health: offence of smoking in a private vehicle

The Secretary of State may bring forward regulations making it an offence
for any person who drives a private vehicle to fail to prevent smoking in
the vehicle when a child or children are present.”

BARONESS JONES OF WHITCHURCH

BARONESS MEACHER

57BC

Insert the following new Clause—

“Welfare of children: housing benefit

(1)     The Housing Benefit (Amendment) Regulations 2006 are amended as
follows.

(2)     In regulation B13 (determination of maximum rent (social sector)), inserted
by regulation 5 of the Housing Benefit (Amendment) Regulations 2012—

(a)   in paragraph (5), at beginning insert “Subject to paragraph (5A)”;
and

(b)   after paragraph (5) insert—

“(5A)    The relevant authority shall make a determination that the
restriction to one bedroom under paragraph (5) does not
apply if it is in the interests of the welfare of a child or the
children living in the dwelling to make such a
determination.””

Clause 81

LORD KENNEDY OF SOUTHWARK

BARONESS HOWE OF IDLICOTE

LORD PATEL

57C

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

57D

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.”

Clause 82

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

57E

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.”

57F

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

57G

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”.”

BARONESS MASSEY OF DARWEN

BARONESS DRAKE

58

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.””

59

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.””

After Clause 85

LORD NASH

59ZA

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—

“(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

59A

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.””

Clause 86

LORD RAMSBOTHAM

BARONESS MASSEY OF DARWEN

59B

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

59C

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

Clause 92

LORD NASH

59D

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

59E

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

59F

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

60

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.””

LORD HUNT OF KINGS HEATH

BARONESS HUGHES OF STRETFORD

61

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.”

LORD RIBEIRO

BARONESS FINLAY OF LLANDAFF

BARONESS TYLER OF ENFIELD

LORD FAULKNER OF WORCESTER

62

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)”.”

Clause 99

LORD NASH

62A

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.”

62B

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

62C

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.”

62D

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

63

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).”

Clause 103

LORD NASH

63A

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

After Clause 104

BARONESS HOWARTH OF BRECKLAND

LORD KNIGHT OF WEYMOUTH

63AZA

Insert the following new Clause—

“Parental bereavement leave

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.”.”

63AZB

[Withdrawn]

After Clause 113

BARONESS LISTER OF BURTERSETT

BARONESS PITKEATHLEY

[In substitution for Amendment 63AZB]

63AZC

Insert the following new Clause—

“Review of care leave

The Secretary of State must, within the scheduled review of parental leave,
make arrangements—

(a)   to conduct research into the current labour market outcomes of
carers, and

(b)   assess 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

(c)   for a report on the outcome to be produced and published.”

Clause 114

LORD NASH

63AA

Page 121, line 35, at end insert—

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

EARL HOWE

63B

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

64

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.”

64ZA

Page 123, line 5, after “82,” insert “(Application of suspension etc powers to
establishments and agencies in England
),”

64A

Page 123, line 5, leave out “and 84” and insert “, 84 and (Extension of licensing of child
performances to children under 14
)”

64B

Page 123, line 6, at end insert—

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

65

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

65A

[Renumbered as Amendment 64A]

Clause 119

EARL HOWE

65B

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

65C

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

66

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

Prepared 29th January 2014