Children and Families Bill (HL Bill 59)

(a) before the definition of “adoption agency” insert—

• ““activity condition” has the meaning given by section
  11C;

• “activity direction” has the meaning given by section
  511A;”,

(b) at the appropriate place insert—

• “child arrangements order” has the meaning given by
  section 8(1);”, and

(c) omit the definition of “contact activity condition”, the definition of
10“contact activity direction”, the definition of “contact order” and the
definition of “residence order”.

(3) Omit subsection (3) (interpretation of certain references relating to residence
orders).

39 (1) Schedule A1 (enforcement orders) is amended as follows.

(2) 15In paragraphs 4(1), 5(1), 6(1), 7(1), 8(1) and 9(1) and (11)(a) for “contact”
substitute “provision of a child arrangements”.

(3) In paragraphs 4(2)(c), (4)(b) and (5), 6(3) and 9(6) and (10)(a) for “contact”, in
each place, substitute “child arrangements”.

(4) In paragraph 9(5) for “the contact” substitute “a provision of the child
20arrangements”.

(5) In paragraph 9(10)(b) for “contact order and” substitute “provisions of the
child arrangements order and with”.

40 (1) Schedule 1 (financial provision for children) is amended as follows.

(2) In paragraph 1 (power of court to make orders on application of parent,
25guardian, special guardian or person in whose favour residence order in
force)—

(a) in sub-paragraph (1) for the words from “in whose favour” to “to a
child” substitute “who is named in a child arrangements order as a
person with whom a child is to live”,

(b) 30in sub-paragraph (6)—

(i) omit “a residence order or”, and

(ii) after “special guardianship order” insert “, or on making,
varying or discharging provision in a child arrangements
order with respect to the living arrangements of a child,” and

(c) 35after sub-paragraph (6) insert—

“(6A) For the purposes of sub-paragraph (6) provision in a child
arrangements order is with respect to the living
arrangements of a child if it regulates arrangements
relating to—

(a) 40with whom the child is to live, or

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

(3) In paragraph 8 (circumstances in which court may revoke financial relief
order under other enactment)—

(a) in sub-paragraph (1) for “residence order” substitute “child
45arrangements order to which sub-paragraph (1A) applies”, and

(b) after sub-paragraph (1) insert—

“(1A) This sub-paragraph applies to a child arrangements order
if the arrangements regulated by the order consist of, or
include, arrangements which relate to either or both of the
5following—

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

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

(c) in sub-paragraph (2)(b)—

(i) after “any person” insert “who is named in a child
10arrangements order as a person with whom the child is to live
or”, and

(ii) omit “a residence order or”.

(4) In paragraph 15 (local authority may contribute to maintenance of child
living with person as a result of residence order) for “residence order”
15substitute “child arrangements order”.

41 In Schedule 14, omit paragraph 10 (certain orders made under legislation
repealed by the Children Act 1989 to be enforceable under section 14 of that
Act).

Part 2 20Amendments in other legislation

Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

42 (1) Section 3 of the Marriage Act 1949 (marriage of persons under 18) is
amended as follows.

(2) In subsection (1A) (persons whose consent is required), in each of
25paragraphs (d) and (h), for “residence order” substitute “child arrangements
order to which subsection (1C) applies”.

(3) In subsection (1B) (interpretation) for ““residence order”,” substitute ““child
arrangements order”,”.

(4) After that subsection insert—

“(1C) 30A child arrangements order is one to which this subsection applies if
the order regulates arrangements that consist of, or include,
arrangements which relate to either or both of the following—

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

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

35Children and Young Persons Act 1969 (c. 54)Children and Young Persons Act 1969 (c. 54)

43 (1) Section 70 of the Children and Young Persons Act 1969 (interpretation) is
amended as follows.

(2) In subsection (1A) (“father” includes father not married at child’s birth to
child’s mother if there is residence order in father’s favour) for paragraph (b)
40substitute—

“(b) whose father is named in a child arrangements order as a
person with whom the child or young person is to live,”.

(3) In subsection (1B) for ““residence” substitute ““child arrangements”.

Local Authority Social Services Act 1970 (c. 42)Local Authority Social Services Act 1970 (c. 42)

44 In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions), in the second column of the entry for the Children Act 1989, for
5“residence” substitute “child arrangements”.

Domicile and Matrimonial Proceedings Act 1973 (c. 45)Domicile and Matrimonial Proceedings Act 1973 (c. 45)

45 (1) Paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings
Act 1973 (restrictions on court’s powers while matrimonial proceedings are
stayed) is amended as follows.

(2) 10In sub-paragraph (4A)(b) (contact order in force when proceedings stayed)
for “contact” substitute “child arrangements”.

(3) In sub-paragraph (4B) (enforcement of the contact order while the
proceedings are stayed) for “contact”, in both places, substitute “child
arrangements”.

15Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

46 In section 28(1) of the Mental Health Act 1983 (“nearest relative” of child in
respect of whom residence order is in force etc)—

(a) in paragraph (b)—

(i) for “residence” substitute “person is named in a child
20arrangements”, and

(ii) for “is in force with respect to such a person” substitute “as a
person with whom a person who has not attained the age of
eighteen years is to live”, and

(b) in the words after paragraph (b), for “named in the residence order”
25substitute “so named (or the persons so named, where there is more
than one)”.

Child Abduction Act 1984 (c. 37)Child Abduction Act 1984 (c. 37)

47 (1) Section 1 of the Child Abduction Act 1984 (offence of abduction of child by
connected person without appropriate consent) is amended as follows.

(2) 30In subsection (2)(d) (person in whose favour residence order is in force is
connected person) for the words after “person” substitute “named in a child
arrangements order as a person with whom the child is to live; or”.

(3) In subsection (3)(a) (“appropriate consent” includes consent of every person
listed) for sub-paragraph (iv) (person in whose favour residence order is in
35force) substitute—

“(iv) any person named in a child arrangements order as a
person with whom the child is to live;”.

(4) In subsection (4)(a) (exception for short foreign trip organised by person in
whose favour residence order made) for “in whose favour there is a
40residence order in force with respect to the child,” substitute “named in a
child arrangements order as a person with whom the child is to live”.

(5) For subsection (5A)(a)(i) (exception where consent unreasonably refused

does not apply where there is residence order in favour of person refusing
consent) substitute—

“(i) named in a child arrangements order as a person with
whom the child is to live;”.

(6) 5In subsection (7)(a) (interpretation) for ““residence” substitute ““child
arrangements”.

Child Abduction and Custody Act 1985 (c. 60)Child Abduction and Custody Act 1985 (c. 60)

48 For paragraph 1(b) of Schedule 3 to the Child Abduction and Custody Act
1985 (orders mentioned in section 27(1) include a residence order)
10substitute—

“(b) a child arrangements order (as defined by section 8 of the
Act of 1989) if the arrangements regulated by the order
consist of, or include, arrangements relating to either or
both of the following—

(i) 15with whom a child is to live, or

(ii) when a child is to live with any person;”.

Family Law Act 1986 (c. 55)Family Law Act 1986 (c. 55)

49 The Family Law Act 1986 is amended as follows.

50 (1) Section 5 (which contains references to contact activity directions) is
20amended as follows.

(2) In subsection (2A)—

(a) for “a contact” substitute “an”, and

(b) for “the contact” substitute “the”.

(3) In subsection (3B) for “a contact” substitute “an”.

51 (1) 25Section 6 (which includes provision for a family assistance order to cease to
have effect where a related residence order is superseded by an order made
in Scotland or Northern Ireland) is amended as follows.

(2) After subsection (5) insert—

“(5A) Subsection (7) below applies where a Part I order which is a child
30arrangements order (within the meaning of section 8(1) of the
Children Act 1989) ceases by virtue of subsection (1) above to name
a person as someone with whom a child is to live.”

(3) In subsection (6) (circumstances in which subsection (7) applies)—

(a) after “Subsection (7) below” insert “also”, and

(b) 35omit paragraph (a) (residence order ceasing to have effect by virtue
of subsection (1)).

Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

52 For section 3(4)(c) of the Child Support Act 1991 (persons with residence
orders in their favour may not be prescribed as persons who are not

“persons with care”) substitute—

“(c) persons named, in a child arrangements order under section
8 of the Children Act 1989, as persons with whom a child is to
live;”.

5Armed Forces Act 1991 (c. 62)Armed Forces Act 1991 (c. 62)

53 The Armed Forces Act 1991 is amended as follows.

54 In section 17(4) (persons who may apply for assessment order) after
paragraph (d) insert—

“(da) any person who is named in a child arrangements order as a
10person with whom the child is to live, spend time or
otherwise have contact;”.

55 In section 18(7) (persons who may apply to vary or discharge an assessment
order) after paragraph (d) insert—

“(da) any person who is named in a child arrangements order as a
15person with whom the child is to live, spend time or
otherwise have contact;”.

56 In section 20(8) (persons who are to be allowed reasonable contact with a
child subject to a protection order) after paragraph (c) insert—

“(ca) any person who is named in a child arrangements order as a
20person with whom the child is to live, spend time or
otherwise have contact;”.

57 In section 22A(7) (persons who are to be allowed reasonable contact with a
child in service police protection) after paragraph (c) insert—

“(ca) any person who is named in a child arrangements order as a
25person with whom the child is to live, spend time or
otherwise have contact,”.

58 (1) Section 23(1) (interpretation of Part 3) is amended as follows.

(2) After the definition of “child” insert—

• ““child arrangements order” has the meaning given by section
  308(1) of the Children Act 1989;”.

(3) In the definition of “contact order”—

(a) omit “section 8(1) of the Children Act 1989 or”, and

(b) omit “as the case may be”.

Adoption and Children Act 2002 (c. 38)Adoption and Children Act 2002 (c. 38)

59 35The Adoption and Children Act 2002 is amended as follows.

60 (1) Section 26 (placement of children by adoption agency for adoption: contact)
is amended as follows.

(2) In subsection (1) (provision for contact under the 1989 Act ceases to have
effect and any contact activity direction is discharged) for the words from
40“any provision for contact” to the end substitute “—

(a) any contact provision in a child arrangements order under
section 8 of the 1989 Act ceases to have effect,

(b) any order under section 34 of that Act (parental etc contact
with children in care) ceases to have effect, and

(c) any activity direction made in proceedings for the making,
variation or discharge of a child arrangements order with
5respect to the child, or made in other proceedings that relate
to such an order, is discharged.”

(3) In subsection (2)(a) (no application may be made for provision for contact
under the 1989 Act) for “any provision for contact under that Act, but”
substitute “—

(i) 10a child arrangements order under section 8 of the 1989
Act containing contact provision, or

(ii) an order under section 34 of that Act, but”.

(4) In subsection (3)(c) (application for contact may be made by person in whose
favour provision for contact was made)—

(a) 15omit “for contact under the 1989 Act”, and

(b) for “(1)” substitute “(1)(a) or an order which ceased to have effect by
virtue of subsection (1)(b)”.

(5) In subsection (3)(d) (application for contact may be made by person in
whose favour residence order was made)—

(a) 20for “residence” substitute “child arrangements”, and

(b) for “the person in whose favour the order was made” substitute “any
person named in the order as a person with whom the child was to
live”.

(6) In subsection (5) (application for contact order that is to be heard together
25with application for adoption order) for “contact order under section 8 of the
1989 Act” substitute “child arrangements order under section 8 of the 1989
Act containing only contact provision”.

(7) For subsection (6) (interpretation) substitute—

“(5A) In this section “contact provision” means provision which regulates
30arrangements relating to—

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

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

35but in paragraphs (a) and (b) a reference to spending time or
otherwise having contact with a person is to doing that otherwise
than as a result of living with the person.

(6) In this section “activity direction” has the meaning given by section
11A of the 1989 Act.”

61 (1) 40Section 28 (further consequences of placement) is amended as follows.

(2) In subsection (1)(a) (restrictions on applying for residence order) for
“residence order” substitute “child arrangements order regulating the
child’s living arrangements”.

(3) After subsection (4) insert—

“(5) 45For the purposes of subsection (1)(a), a child arrangements order
regulates a child’s living arrangements if the arrangements

regulated by the order consist of, or include, arrangements which
relate to either or both of the following—

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

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

62 (1) 5Section 29 (further consequences of placement orders) is amended as
follows.

(2) In subsection (3)(a) (residence order etc may not be made if placement order
is in force) omit “, residence order”.

(3) In subsection (4) (residence orders to which subsection (3) does not apply)—

(a) 10for “Subsection (3)(a) does not apply in respect of a residence order
if—” substitute “Where a placement order is in force, a child
arrangements order may be made with respect to the child’s living
arrangements only if—”, and

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

(4) 15After subsection (4) insert—

“(4A) For the purposes of subsection (4), a child arrangements order is one
made with respect to a child’s living arrangements if the
arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—

(a) 20with whom the child is to live, and

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

63 (1) Section 32 (recovery of child from placement) is amended as follows.

(2) In subsection (5) (effect of undecided application for residence order etc on
duty to return child) for paragraphs (a) and (b) substitute—

“(a) 25before the notice was given, an application—

(i) for an adoption order (including a Scottish or
Northern Irish adoption order),

(ii) for a special guardianship order,

(iii) for a child arrangements order to which subsection (6)
30applies, or

(iv) for permission to apply for an order within sub-
paragraph (ii) or (iii),

was made in respect of the child, and

(b) the application (and, in a case where permission is given on
35an application to apply for an order within paragraph (a)(ii)
or (iii), the application for the order) has not been disposed
of,”.

(3) After that subsection insert—

“(6) A child arrangements order is one to which this subsection applies if
40it is an order regulating arrangements that consist of, or include,
arrangements which relate to either or both of the following—

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

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

64 (1) Section 35 (return of placed child in certain cases) is amended as follows.

(2) 45In subsection (5) (effect of undecided application for residence order etc on

duty to return child) for paragraphs (b) and (c) substitute—

“(b) before the notice was given, an application—

(i) for an adoption order (including a Scottish or
Northern Irish adoption order),

(ii) 5for a special guardianship order,

(iii) for a child arrangements order to which subsection
(5A) applies, or

(iv) for permission to apply for an order within sub-
paragraph (ii) or (iii),

10was made in respect of the child, and

(c) the application (and, in a case where permission is given on
an application to apply for an order within paragraph (b)(ii)
or (iii), the application for the order) has not been disposed
of,”.

(3) 15After that subsection insert—

“(5A) A child arrangements order is one to which this subsection applies if
it is an order regulating arrangements that consist of, or include,
arrangements which relate to either or both of the following—

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

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

65 (1) Schedule 6 (glossary) is amended as follows.

(2) At the appropriate place insert—

(3) Omit the entry for “residence order”.

25Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

66 (1) Schedule 2 to the Civil Partnership Act 2004 (civil partnerships of persons
under 18) is amended as follows.

(2) In paragraph 1 (persons whose consent is required), in each of items 4 and 8
in the first column of the table, for “residence order” substitute “child
30arrangements order to which paragraph 2A applies”.

(3) In paragraph 2 (interpretation of paragraph 1) for ““residence order”,”
substitute ““child arrangements order”,”.

(4) In Part 1 (appropriate persons) after paragraph 2 insert—

“2A A child arrangements order (as defined by section 8 of the
35Children Act 1989) is one to which this paragraph applies if the
order regulates arrangements that consist of, or include,
arrangements which relate to either or both of the following—

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

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

Income Tax (Trading and Other Income) Act 2005 (c. 5)Income Tax (Trading and Other Income) Act 2005 (c. 5)

67 The Income Tax (Trading and Other Income) Act 2005 is amended as
follows.

68 (1) Section 744 (payments to adopters, etc: England and Wales) is amended as
5follows.

(2) In subsection (1)(g) (no income tax on payments under section 17 of the
Children Act 1989 made to a person as a result of a residence order being in
force in the person’s favour) for “in whose favour a residence order with
respect to a child is in force” substitute “named in a child arrangements
10order as a person with whom a child is to live”.

(3) In subsection (1)(h) (no income tax on payments under paragraph 15 of
Schedule 1 to the 1989 Act made to person with whom child is living, or is to
live, as a result of a residence order) for “in whose favour residence order is
in force” substitute “with whom child is living, or is to live, as a result of a
15child arrangements order”.

(4) In subsection (1)(i) (no income tax on other payments under maintenance
agreements or under orders under Schedule 1 to the 1989 Act) for “in whose
favour a residence order with respect to the child is in force” substitute
“named in a child arrangements order as a person with whom the child is to
20live”.

(5) For subsection (2)(c) (payment not exempt from tax if made to a person in
whose favour a residence order is in force where that order is also in favour
of an excluded relative) substitute—

“(c) it is made to a person (“P”) named in a child arrangements
25order as a person with whom the child is to live and an
excluded relative who lives in the same household as P is also
named in that order as a person with whom the child is to
live.”

(6) In subsection (3) (interpretation) for ““residence” substitute ““child
30arrangements”.

69 In section 806(5) (persons who are not foster carers for purposes of Chapter
2 of Part 7) after paragraph (b) insert—

“(ba) where the child is in care and there was a child arrangements
order in force with respect to the child immediately before
35the care order was made, a person named in the child
arrangements order as a person with whom the child was to
live,

(bb) (in Scotland) where the child is in care and there was a child
arrangements order in force with respect to the child
40immediately before the child was placed in care, a person
named in the child arrangements order as a person with
whom the child was to live, spend time or otherwise have
contact,”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

70 45In paragraph 13(1)(c) of Schedule 1 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (civil legal services: orders mentioned in

section 8(1) of the Children Act 1989) for “residence, contact” substitute
“child arrangements orders”.

Section 72

SCHEDULE 3 Special educational needs: consequential amendments

5Part 1 Amendments to the Education Act 1996

1 The Education Act 1996 is amended as follows.

2 (1) Section 6 (nursery schools and special schools) is amended as follows.

(2) Omit subsection (2).

(3) 10In the title, omit “and special schools”.

3 (1) Section 13 (general responsibility for education) is amended as follows.

(2) In subsection (3)(b) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

(3) Omit subsections (4) and (5).

4 15In section 13A (duty to promote high standards and fulfilment of potential),
in subsection (2)(b) for “but under 25 who are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

5 (1) Section 15ZA (duty in respect of education and training for persons over
compulsory school age: England) is amended as follows.

(2) 20In subsection (1) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

(3) In subsection (3)(b) after “learning difficulties” insert “or disabilities”.

(4) In subsections (6) and (7) after “learning difficulty” insert “or disability”.

(5) For subsection (9) substitute—

“(9) 25The duty in subsection (1) does not apply in relation to persons in a
local authority’s area who are subject to a detention order.”

6 In section 15A (powers in respect of education and training for 16 to 18 year
olds), in subsection (3) for the words from “a local authority” to the end
substitute “—

(a) 30a local authority in England must in particular have regard to
the needs of persons with learning difficulties or disabilities
(within the meaning of section 15ZA(6) and (7));

(b) a local authority in Wales must in particular have regard to
the needs of persons with learning difficulties (within the
35meaning of section 41(5) and (6) of the Learning and Skills
Act 2000).”

7 In section 15B (functions in respect of education for persons aged over 19),
in subsection (3) for the words from “a local authority” to the end substitute