(e) section 104C(1)(b).

112 Complaints to employment tribunals

(1) Section 80H of the Employment Rights Act 1996 (complaints to employment
tribunals) is amended as follows.

(2) 5In subsection (1) (grounds of complaint)—

(a) the “or” after paragraph (a) is repealed;

(b) after paragraph (b) there is inserted “, or

“(c) that the employer’s notification under section 80G(1D)
was given in circumstances that did not satisfy one of
10the requirements in section 80G(1D)(a) and (b).”

(3) In subsection (2) (no complaints under section 80H in respect of an application
disposed of by agreement or withdrawn), for “under this section” there is
substituted “under subsection (1)(a) or (b)”.

(4) For subsection (3) (no complaints to be made until the employer rejects an
15application on appeal or contravenes specified regulations under section
80G(1)(a)) there is substituted—

“(3) In the case of an application which has not been disposed of by
agreement or withdrawn, no complaint under subsection (1)(a) or (b)
may be made until—

(a) 20the employer notifies the employee of the employer’s decision
on the application, or

(b) if the decision period applicable to the application (see section
80G(1B)) comes to an end without the employer notifying the
employee of the employer’s decision on the application, the end
25of the decision period.

(3A) If an employer allows an employee to appeal a decision to reject an
application, a reference in other subsections of this section to the
decision on the application is a reference to the decision on the appeal
or, if more than one appeal is allowed, the decision on the final appeal.

(3B) 30If an agreement to extend the decision period is made as described in
section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a
complaint until the end of the extended period.”

(5) After subsection (3B) (as inserted by subsection (4)) there is inserted—

“(3C) A complaint under subsection (1)(c) may be made as soon as the
35notification under section 80G(1D) complained of is given to the
employee.”

(6) In subsection (6) (meaning of the relevant date), from “relevant date” to the end
there is substituted “relevant date is a reference to the first date on which the
employee may make a complaint under subsection (1)(a), (b) or (c), as the case
40may be.”

113 Review of sections 110 to 112

(1) The Secretary of State must from time to time—

(a) carry out a review of sections 110 to 112,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the amendments of the
Employment Rights Act 1996 made by sections 110 to 112,

(b) 5assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved in a way that imposes less
regulation.

(3) The first report to be published under this section must be published before the
10end of the period of seven years beginning with the day on which sections 110
to 112 come into force.

(4) Reports under this section are afterwards to be published at intervals not
exceeding seven years.

Part 10 15General provisions

114 Orders and regulations

(1) A power to make an order or regulations under this Act is exercisable by
statutory instrument.

(2) A power to make an order or regulations under this Act includes power—

(a) 20to make different provision for different purposes (including different
areas);

(b) to make provision generally or in relation to specific cases.

(3) A power to make an order or regulations under this Act (except a power
conferred by section 68(5), 116 or 118) includes power to make incidental,
25supplementary, consequential, transitional or transitory provision or savings.

(4) Subject to subsection (5), a statutory instrument that contains an order or
regulations made under this Act by the Secretary of State or the Lord
Chancellor is subject to annulment in pursuance of a resolution of either House
of Parliament.

(5) 30Subsection (4) does not apply to—

(a) a statutory instrument containing an order under section 68(5), 116 or
118, or

(b) a statutory instrument to which subsection (6) applies.

(6) A statutory instrument containing (whether alone or with other provision)—

(a) 35the first regulations to be made under section 49,

(b) an order under section 54(1) or 55(1), or

(c) an order under section 115 which amends or repeals any provision of
primary legislation,

is not to be made unless a draft of the instrument has been laid before, and
40approved by a resolution of, each House of Parliament.

(7) “Primary legislation” means—

(a) an Act of Parliament;

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

115 Consequential amendments, repeals and revocations

(1) The Secretary of State or the Lord Chancellor may by order make provision in
consequence of any provision of this Act.

(2) The power conferred by subsection (1) includes power to amend, repeal,
5revoke or otherwise modify any provision made by or under an enactment
(including any enactment passed or made in the same Session as this Act).

(3) “Enactment” includes a Measure or Act of the National Assembly for Wales.

116 Transitional, transitory or saving provision

(1) The Secretary of State or the Lord Chancellor may by order make transitional,
10transitory or saving provision in connection with the coming into force of any
provision of this Act.

(2) Subsections (3) to (5) apply if section 85(1) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (“the 2012 Act”) comes into force on or
before the day on which this Act is passed.

(3) 15Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction
by magistrates’ court) applies in relation to the following offences as if the
offences were relevant offences (as defined in section 85(3) of that Act)—

(a) the offence contained in the new section 51C(4) to be inserted into the
Childcare Act 2006 by paragraph 13 of Schedule 4 to this Act;

(b) 20the offence contained in the new section 51F(1) to be inserted into that
Act by paragraph 13 of that Schedule;

(c) the offence contained in the new section 61D(4) to be inserted into that
Act by paragraph 26 of that Schedule;

(d) the offence contained in the new section 61G(1) to be inserted into that
25Act by paragraph 26 of that Schedule;

(e) the offence contained in the new section 69C(6) to be inserted into that
Act by paragraph 36 of that Schedule;

(f) the offence contained in the new section 76B(3) to be inserted into that
Act by paragraph 46 of that Schedule.

(4) 30Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction
by magistrates’ court) applies in relation to the power in the new section
69A(1)(b) to be inserted into the Childcare Act 2006 by paragraph 35 of
Schedule 4 to this Act as if the power were a relevant power (as defined in
section 85(3) of the 2012 Act).

(5) 35Regulations described in section 85(11) of the 2012 Act may amend, repeal or
otherwise modify a provision of this Act or the Childcare Act 2006.

117 Financial provision

(1) There is to be paid out of money provided by Parliament—

(a) any expenses incurred by a Minister of the Crown or a government
40department under this Act, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

(2) There is to be paid into the Consolidated Fund any increase attributable to this
Act in the sums payable into that Fund under any other Act.

118 Commencement

(1) This Part comes into force on the day on which this Act is passed.

(2) Sections 10, 13 and 17 come into force on such day as the Lord Chancellor
appoints by order.

(3) 5Sections 18, 82, 83 and 84 come into force at the end of the period of two months
beginning with the day on which this Act is passed.

(4) The remaining provisions of this Act come into force on such day as the
Secretary of State appoints by order.

(5) An order under subsection (2) or (4) may appoint different days for different
10purposes.

119 Short title and extent

(1) This Act may be cited as the Children and Families Act 2013.

(2) Part

3

15 of this Act (children and young people in England with special
educational needs) and section 81 (duty to support pupils with medical
conditions) are to be included in the list of Education Acts set out in section 578
of the Education Act 1996.

(3) This Act extends to England and Wales only, subject to the following
20subsections.

(4) Sections 105(2) to (4) and 113 extend to England and Wales and Scotland.

(5) Section 105(3) and (4), so far as relating to paragraphs 5, 56 to 62 and 64 of
Schedule 7, extends to Northern Ireland.

(6) This Part extends to the whole of the United Kingdom.

(7) 25An amendment or repeal made by this Act has the same extent as the provision
to which it relates (ignoring extent by virtue of an Order in Council).

SCHEDULES

Section 6

SCHEDULE 1 The Adoption and Children Act Register

1 The Adoption and Children Act 2002 is amended as follows.

2 (1) 5Section 125 (Adoption and Children Act Register) is amended as follows.

(2) In subsection (1) for “Her Majesty may by Order in Council make provision
for the Secretary of State to” substitute “The Secretary of State may”.

(3) After subsection (1) insert—

“(1A) Regulations may provide that the register may contain—

(a) 10prescribed information about children who a Welsh, Scottish
or Northern Irish adoption agency is satisfied are suitable for
adoption,

(b) prescribed information about prospective adopters who a
Welsh, Scottish or Northern Irish adoption agency is satisfied
15are suitable to adopt a child,

(c) prescribed information about persons included in the register
in pursuance of paragraph (a) or (b) in respect of things
occurring after their inclusion.”

(4) In subsection (2) for “an Order under this section” substitute “regulations”.

(5) 20In subsection (4) for “An Order under this section” substitute “Regulations”.

3 (1) Section 126 (use of an organisation to establish the register) is amended as
follows.

(2) In subsection (1) omit “under an Order under section 125”.

(3) In subsection (3) omit “(or general application in any part of Great Britain)”.

(4) 25Omit subsection (4).

4 (1) Section 127 (use of an organisation as agency for payments) is amended as
follows.

(2) In subsection (1) for “An Order under section 125” substitute “Regulations”.

(3) In subsection (2) omit “(or general application in any part of Great Britain)”.

(4) 30Omit subsection (3).

5 (1) Section 128 (supply of information for the register) is amended as follows.

(2) In subsection (1) for “An Order under section 125” substitute “Regulations”.

(3) In subsection (2) for “the Order” substitute “regulations”.

(4) In subsection (3) for “An Order under section 125” substitute “Regulations”.

6 (1) Section 129 (disclosure of information) is amended as follows.

(2) In subsection (1) for “or (3)” substitute “, (2A) or (3) or section 128A”.

(3) After subsection (2) insert—

“(2A) 5Regulations may make provision permitting the disclosure of
prescribed information entered in the register, or compiled from
information entered in the register—

(a) to an adoption agency or to a Welsh, Scottish or Northern
Irish adoption agency for any prescribed purpose, or

(b) 10for the purpose of enabling the information to be entered in a
register which is maintained in respect of Wales, Scotland or
Northern Ireland and which contains information about
children who are suitable for adoption or prospective
adopters who are suitable to adopt a child.”

(4) 15In subsection (4)—

(a) for “An Order under section 125” substitute “Regulations”, and

(b) after “(2)” insert “or (2A)”.

(5) In subsection (5) omit paragraph (b) (and the “or” which precedes it).

(6) In subsection (6) after “(2)” insert “, (2A)”.

(7) 20In subsection (7)—

(a) for “An Order under section 125” substitute “Regulations”,

(b) in paragraph (a) after “(2)” insert “or (2A)”,

(c) after paragraph (a) (and before the “or” which follows it) insert—

“(aa) by a prescribed Welsh, Scottish or Northern Irish
25adoption agency in respect of information disclosed
under subsection (2A),”, and

(d) in paragraph (b) for “to whom information is disclosed under
subsection (3)” substitute “in respect of information disclosed under
subsection (2A) or (3)”.

7 30Section 130 (territorial application) is repealed.

8 (1) Section 131 (supplementary) is amended as follows.

(2) In subsection (1)—

(a) before paragraph (a) insert—

“(za) adoption agency” means—

(i) 35a local authority in England,

(ii) a registered adoption society whose principal
office is in England,”,

(b) in paragraph (b) for “an Order under section 125” substitute
“regulations”,

(c) 40after paragraph (c) insert—

“(ca) Welsh adoption agency” means—

(i) a local authority in Wales,

(ii) a registered adoption society whose principal
office is in Wales.”, and

(d) 45omit paragraphs (d) and (e).

(3) In subsection (2) after “sections” insert “(except sections 125(1A) and
129(2A))”.

(4) After subsection (2) insert—

“(2A) For the purposes of sections 125(1A) and 129(2A)—

(a) 5a child is suitable for adoption if a Welsh, Scottish or
Northern Irish adoption agency is satisfied that the child
ought to be placed for adoption,

(b) prospective adopters are suitable to adopt a child if a Welsh,
Scottish or Northern Irish adoption agency is satisfied that
10they are suitable to have a child placed with them for
adoption.”

(5) Omit subsections (4) to (7).

9 In section 142 (supplementary and consequential provision), in subsection
(4) omit the words from “or of Her Majesty” to the end.

10 15In section 144 (general interpretation etc), in subsection (2)—

(a) omit “Order in Council or”, and

(b) in paragraph (b) omit “Order or, as the case may be,”.

11 (1) Sections 125 to 131 cease to have effect in relation to Scotland.

(2) Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).

Section 12

20SCHEDULE 2 Child arrangements orders: amendments

Part 1 Amendments of the Children Act 1989

1 The Children Act 1989 is amended as follows.

2 (1) 25Section 5 (appointment of guardians) is amended as follows.

(2) In subsection (1)(b) (application to court for appointment of guardian may
be made following death of person with whom child was to live) for
“residence order has been made with respect to the child in favour of a
parent, guardian or special guardian of his who” substitute “parent,
30guardian or special guardian of the child’s was named in a child
arrangements order as a person with whom the child was to live and”.

(3) In subsection (7)(b) (when non-court appointment of guardian under
subsection (3) or (4) takes effect) for “residence order in his favour was in
force with respect to the child or he” substitute “child arrangements order
35was in force in which the person was named as a person with whom the
child was to live or the person”.

(4) In subsection (9)—

(a) for “residence” substitute “child arrangements”,

(b) for “was also made in favour of” substitute “also named”, and

(c) 40after “child” insert “as a person with whom the child was to live”.

3 In the title of section 8 for “Residence, contact” substitute “Child
arrangements orders”.

4 (1) Section 9 (restrictions on making section 8 orders) is amended as follows.

(2) In subsection (1) (no section 8 order other than a residence order to be made
5if child is in care) for “residence order” substitute “child arrangements order
to which subsection (6B) applies”.

(3) In subsection (2) (local authorities cannot obtain residence or contact orders)
for “residence order or contact” substitute “child arrangements”.

(4) In subsection (5)(a) (specific issue order or prohibited steps order not to be
10made where result could be achieved by a residence or contact order) for
“residence or contact” substitute “child arrangements”.

(5) In subsection (6) (section 8 orders other than residence orders are only
exceptionally to have effect once child is 16) for “specific issue order, contact
order or prohibited steps” substitute “section 8”.

(6) 15After subsection (6) insert—

“(6A) Subsection (6) does not apply to a child arrangements order to which
subsection (6B) applies.

(6B) This subsection applies to a child arrangements order if the
arrangements regulated by the order relate only to either or both of
20the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.”

5 (1) Section 10 (power of court to make section 8 orders) is amended as follows.

(2) For subsection (4)(b) (person may apply for section 8 order if residence order
25is in force in favour of the person) substitute—

“(b) any person who is named, in a child arrangements order that
is in force with respect to the child, as a person with whom
the child is to live.”

(3) In subsection (5) (persons entitled to apply for a residence or contact
30order)—

(a) in the words before paragraph (a) for “residence or contact”
substitute “child arrangements”,

(b) for paragraph (c)(i) substitute—

“(i) in any case where a child arrangements order
35in force with respect to the child regulates
arrangements relating to with whom the child
is to live or when the child is to live with any
person, has the consent of each of the persons
named in the order as a person with whom the
40child is to live;”, and

(c) after paragraph (c) insert—

“(d) any person who has parental responsibility for the
child by virtue of provision made under section
12(2A).”

(4) 45In each of subsections (5A) and (5B) (foster parent, or relative, may apply for
residence order if child has lived with applicant for at least a year) for

“residence order” substitute “child arrangements order to which subsection
(5C) applies”.

(5) After subsection (5B) insert—

“(5C) This subsection applies to a child arrangements order if the
5arrangements regulated by the order relate only to either or both of
the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.”

(6) In subsection (6)(b) (person may apply for variation or discharge of a contact
10order if named in the order)—

(a) for “contact” substitute “child arrangements”, and

(b) for “the order.” substitute “provisions of the order regulating
arrangements relating to—

“(i) with whom the child concerned is to spend
15time or otherwise have contact, or

(ii) when the child is to spend time or otherwise
have contact with any person.”

(7) In subsection (7A) (if special guardianship order in force, application for
residence order may be made only with leave of the court) for “residence
20order” substitute “child arrangements order to which subsection (7B)
applies”.

(8) After subsection (7A) insert—

“(7B) This subsection applies to a child arrangements order if the
arrangements regulated by the order consist of, or include,
25arrangements which relate to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.”

6 (1) Section 11 (section 8 orders: general principles and supplementary
provisions) is amended as follows.

(2) 30Omit subsection (4) (residence order may make provision about when a
child is to live with persons who do not live together).

(3) In subsection (5) (residence order ceases to have effect where parents resume
cohabitation for at least 6 months)—

(a) in paragraph (a) for “residence” substitute “child arrangements”,

(b) 35in paragraph (b) for the words before “two” substitute “the child
has”, and

(c) in the words after paragraph (b) for “residence order” substitute
“order, so far as it has the result that there are times when the child
lives or is to live with one of the parents,”.

(4) 40In subsection (6) (contact order ceases to have effect where parents resume
cohabitation for at least 6 months) for the words before “shall cease”
substitute “A child arrangements order made with respect to a child, so far
as it provides for the child to spend time or otherwise have contact with one
of the child’s parents at times when the child is living with the child’s other
45parent,”.

(5) In subsection (7)(b) (persons on whom conditions may be imposed by a
section 8 order)—

(a) for sub-paragraph (i) (person in whose favour the order is made)
substitute—

“(i) 5who is named in the order as a person with
whom the child concerned is to live, spend
time or otherwise have contact;”, and

(b) in sub-paragraph (ii) omit “concerned”.

7 (1) Section 11A (contact activity directions) is amended as follows.

(2) 10For subsections (1) to (3) (power to make directions) substitute—

“(1) Subsection (2) applies in proceedings in which the court is
considering whether to make provision about one or more of the
matters mentioned in subsection (1A) by making—

(a) a child arrangements order with respect to the child
15concerned, or

(b) an order varying or discharging a child arrangements order
with respect to the child concerned.

(1A) The matters mentioned in this subsection are—

(a) with whom a child is to live,

(b) 20when a child is to live with any person,

(c) with whom a child is to spend time or otherwise have
contact, and

(d) when a child is to spend time or otherwise have contact with
any person.

(2) 25The court may make an activity direction in connection with the
provision that the court is considering whether to make.

(2A) Subsection (2B) applies in proceedings in which subsection (2) does
not apply and in which the court is considering—

(a) whether a person has failed to comply with a provision of a
30child arrangements order, or

(b) what steps to take in consequence of a person’s failure to
comply with a provision of a child arrangements order.

(2B) The court may make an activity direction in connection with that
provision of the child arrangements order.

(3) 35An activity direction is a direction requiring an individual who is a
party to the proceedings concerned to take part in an activity that
would, in the court’s opinion, help to establish, maintain or improve
the involvement in the life of the child concerned of—

(a) that individual, or

(b) 40another individual who is a party to the proceedings.”

(3) In subsection (5) (particular activities that may be required), in paragraph
(a)(i) and (ii) and in paragraph (b), for “contact with a child” substitute
“involvement in a child’s life”.

(4) In subsection (6) (activities which may not be required) for “a contact”
45substitute “an”.