Children and Families Bill (HL Bill 59)

(e) in the entry for “special educational provision”, in the second column
for “section 312(4)” substitute “section 579(1)”,

(f) in the entry for “special school”, in the second column for “sections
6(2) and” substitute “section”, and

(g) 5in the entry for “subject to learning difficulty assessment”, in the
second column for “section 13(4)” substitute “section 579(1A)”.

60 In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in
paragraph 15(3)—

(a) in paragraph (a) for “statement maintained for the child under
10section 324” substitute “EHC plan maintained for the child”, and

(b) in paragraph (b) for “statement” substitute “plan”.

61 (1) In Schedule 36A (education functions), the table in paragraph 2 is amended
as follows.

(2) In the entry for the Disabled Persons (Services, Consultation and
15Representation) Act 1986, in the second column after “child with” insert “an
EHC plan or”.

(3) In the entry for the Learning and Skills Act 2000, omit the entry for section
139A.

Part 2 20Amendments to other Acts

Local Government Act 1974 (c. 7)Local Government Act 1974 (c. 7)

62 In Schedule 5 to the Local Government Act 1974 (matters not subject to
investigation by Local Commissioners), in paragraph 5(2)(b) for “by section
312” substitute “by section 579(1)”.

25Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

63 (1) In the Disabled Persons (Services, Consultation and Representation) Act
1986, section 5 (disabled persons leaving special education) is amended as
follows.

(2) In subsection (1)—

(a) 30in paragraph (a) after “needs)” insert “, or have maintained an EHC
plan under section 37 of the Children and Families Act 2013,”, and

(b) in paragraph (b) after “statement” (in both places) insert “or plan”.

(3) In subsection (2)—

(a) in paragraph (a) after “statement” insert “, or secure the preparation
35of an EHC plan,”,

(b) in paragraph (b) after “statement” insert “or plan”, and

(c) after “making the statement” insert “, securing the preparation of the
plan”.

(4) After subsection (8) insert—

“(8A) 40Regulations under section 47 of the Children and Families Act 2013
(transfer of EHC plans) may make such provision as appears to the

Secretary of State to be necessary or expedient in connection with
subsections (1) to (7) of this section.”

(5) In subsection (9), in paragraph (a) of the definition of “the responsible
authority”, after “1996” insert “or (as the case may be) Part 3 of the Children
5and Families Act 2013”.

Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

64 (1) In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods
and services the supply of which is exempt from VAT), group 6 (education)
is amended as follows.

(2) 10In item 5B—

(a) after paragraph (b) insert—

“(ba) aged 19 or over and for whom an EHC plan is
maintained,”, and

(b) in paragraph (d), after “paragraph” insert “(ba) or”.

(3) 15in note (5B), after “item (5B),” insert ““EHC plan” and” and for “has the same
meaning” substitute “have the same meanings”.

School Standards and Framework Act 1998 (c. 31)School Standards and Framework Act 1998 (c. 31)

65 The School Standards and Framework Act 1998 is amended as follows.

66 (1) Section 98 (admission for nursery education or to nursery or special school:
20children with statements of special educational needs) is amended as
follows.

(2) In subsection (7) after “for whom” insert “EHC plans are maintained under
section 37 of the Children and Families Act 2013 or”

(3) In the title after “special education needs” insert “or EHC plans”.

67 (1) 25Section 123 (nursery education: children with special educational needs) is
amended as follows.

(2) In subsection (1), for the words from “(except” to the end substitute “to have
regard to the provisions of the code of practice issued under section 67 of the
Children and Families Act 2013 (in the case of education in England) or
30section 313(2) of the Education Act 1996 (in the case of education in Wales).”

(3) After subsection (1) insert—

“(1A) Subsection (1) does not apply in so far as the person in question is
already under a duty to have regard to the provisions of the code of
practice in question.”

(4) 35In subsection (2)—

(a) for “That code of practice” substitute “The code of practice in
question”, and

(b) after “functions under” insert “Part 3 of the Children and Families
Act 2013 or (as the case may be)”.

(5) 40In subsection (3)—

(a) for “that code of practice” substitute “the code of practice in
question”, and

(b) after “functions under” insert “Part 3 of the Children and Families
Act 2013 or (as the case may be)”.

(6) In subsection (3A)(b) after “no” insert “EHC plan or”.

68 In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary
5and foundation special schools in England), in paragraph A23(9), in
paragraph (d) of the definition of “children’s services”—

(a) after “learning difficulty” insert “or disability”, and

(b) omit “66,”.

Learning and Skills Act 2000 (c. 21)Learning and Skills Act 2000 (c. 21)

69 10The Learning and Skills Act 2000 is amended as follows.

70 In section 35 (conditions imposed by Welsh Ministers on financial resources
provided by them), in subsection (3)(f) omit “139A or”.

71 In section 41 (discharge by the Welsh Ministers of certain functions in
relation to persons with learning difficulties), in subsection (1)(b) omit
15“139A or”.

72 Sections 139A, 139B and 139C (assessments relating to learning difficulties:
England) are repealed.

73 In consequence of the repeals made by paragraphs 70, 71 and 72—

(a) omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008;

(b) 20section 80 of the Education and Skills Act 2008 is repealed.

Education Act 2002 (c. 32)2002 (c. 32)

74 The Education Act 2002 is amended as follows.

75 In section 92 (pupils with statements of special educational needs:
application of National Curriculum for England)—

(a) 25for the words from “a statement” to “special educational needs”
substitute “an EHC plan maintained for the pupil”,

(b) for “the statement” substitute “the plan”, and

(c) in the heading for “statements of special educational needs”
substitute “EHC plans”.

76 (1) 30Section 94 (information concerning directions under section 93) is amended
as follows.

(2) In subsection (3), for the words from “by virtue of” to the end substitute “and
the responsible authority ought to be required to secure an EHC needs
assessment for the pupil under section 36 of the Children and Families Act
352013 (or, if an EHC plan is maintained for the pupil, a re-assessment under
section 44 of that Act).”

(3) In subsection (5), for the words from “consider” to the end substitute “make
a determination in respect of the pupil under section 36(3) of the Children
and Families Act 2013 (or, if an EHC plan is maintained for the pupil, under
40that section as it applies to re-assessments by virtue of regulations under
section 44 (7)).”

(4) In subsection (6), for “Part 4 of the Education Act 1996” substitute “Part 3 of
the Children and Families Act 2013 (see section 23 of that Act)”.

Nationality, Immigration and Asylum Act 2002 (c. 41)2002 (c. 41)

77 (1) Section 36 of the Nationality, Immigration and Asylum Act 2002 (education
of children who are residents of accommodation centres) is amended as
follows.

(2) 5In subsection (3)(b), after “named in” insert “an EHC plan maintained for the
child under section 37 of the Children and Families Act 2013 or”.

(3) In subsection (5), omit the “and” after paragraph (d) and after paragraph (e)
insert—

“(f) sections 33 and 34 of the Children and Families Act 2013
10(mainstream education for children with special educational
needs), and

(g) sections 38 and 39 of that Act (EHC plan: request of parent for
named school etc).”

(4) After subsection (5) insert—

“(5A) 15The powers of the First-tier Tribunal on determining an appeal
under section 51(2)(c) of the Children and Families Act 2013 (appeals
against certain aspects of content of EHC plan) are subject to
subsection (2) above.”

(5) In subsection (6), omit “the First-tier Tribunal or”.

(6) 20In subsection (7)—

(a) after “function under this Act” insert “, Part 3 of the Children and
Families Act 2013”, and

(b) in paragraph (a), after “special educational provision” insert “called
for by his special educational needs or”.

(7) 25In subsection (9), after paragraph (a) insert—

“(aa) section 36 of the Children and Families Act 2013 (assessment
of education, health and care needs: England) shall have
effect as if an accommodation centre were a school,”.

Children Act 2004 (c. 31)2004 (c. 31)

78 30In section 10(9) of the Children Act 2004 (co-operation arrangements in
respect of children may include arrangements in respect of certain young
people), in paragraph (c)—

(a) after “but under the age of 25” insert “—

(i) for whom an EHC plan is maintained, or

(ii)”, and

(b) after “learning difficulty” insert “or disability”.

Education and Inspections Act 2006 (c. 40)2006 (c. 40)

79 In section 16 of the Education and Inspections Act 2006 (consultation before
publishing proposals for discontinuance of maintained schools), in
40subsection (1)(c), after “maintain” insert “an EHC plan or”.

Education and Skills Act 2008 (c. 25)2008 (c. 25)

80 The Education and Skills Act 2008 is amended as follows.

81 In section 4 (meaning of appropriate full-time education or training)—

(a) in subsection (1)(b), for “learning difficulty” substitute “special
educational needs”, and

(b) omit subsection (3).

82 5In section 17 (sharing and use of information held for purposes of support
services or functions under Part 1), in subsection (8)(b)—

(a) for “a learning difficulty” substitute “special educational needs”, and

(b) omit the words from “and subsections (6) and (7)” to the end.

83 In section 47 (attendance notice: description of education or training)—

(a) 10in subsection (5)(b)(ii), for “learning difficulty” substitute “special
educational needs”, and

(b) omit subsection (6).

84 In section 78(1) (Part 2: supplementary), in the definition of “relevant young
adult”—

(a) 15for “a learning difficulty” substitute “special educational needs
(within the meaning given by section 579(1) of the Education Act
1996)”, and

(b) omit the words from “and subsections (6) and (7)” to the end.

85 In section 132 (providers of independent education or training for 16 to 18
20year olds)—

(a) in subsection (4)(a), for the words from “a statement” to “needs)”
substitute “an EHC plan is maintained”,

(b) in subsection (4)(b), for “a statement was so” substitute “an EHC plan
was”,

(c) 25in subsection (4)(b)(i), after “school” insert “or (if later) the person
ceased to be a student at his or her last post-16 institution”,

(d) in subsection (4)(b)(ii), after “institution” insert “in England
mentioned in subsection (2)”, and

(e) in subsection (6), after the definition of “an academic year” insert—

• 30““post-16 institution” has the meaning given by section
  73(2) of the Children and Families Act 2013;”.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)2009 (c. 22)

86 The Apprenticeships, Skills, Children and Learning Act 2009 is amended as
follows.

87 35In section 83 (power to secure provision of apprenticeship training)—

(a) in subsection (1)(b), for “are subject to learning difficulty
assessment” substitute “for whom an EHC plan is maintained”,

(b) in subsection (2)(b), for “learning difficulties” substitute “special
educational needs”, and

(c) 40omit subsection (4).

88 In section 86 (education and training for persons aged 19 or over etc), in
subsection (1)(a), for “who are subject to learning difficulty assessment”
substitute “for whom an EHC plan is maintained”.

89 In section 87 (learning aims for persons aged 19 or over: provision of
45facilities), in subsection (3)(a), for “who are subject to learning difficulty
assessment” substitute “for whom an EHC plan is maintained”.

90 In section 101 (financial resources: conditions), in subsection (5)(f)—

(a) after “specified in” insert “an EHC plan or”, and

(b) omit “139A or”.

91 In section 115 (persons with learning difficulties)—

(a) 5in subsection (1), for “learning difficulties” substitute “special
educational needs”,

(b) in subsection (2)(a), for “who are subject to learning difficulty
assessment” substitute “for whom an EHC plan is maintained”,

(c) omit subsections (3) and (4), and

(d) 10in the title, for “learning difficulties” substitute “special educational
needs”.

92 In section 129 (general duties of Ofqual)—

(a) in subsection (2)(b) and (c), for “learning difficulties” substitute
“special educational needs”, and

(b) 15omit subsections (9) and (10).

Academies Act 2010 (c. 32)2010 (c. 32)

93 In section 1 of the Academies Act 2010 (Academy arrangements), omit
subsections (7) and (8).

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

94 20In paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment
of Offenders Act 2012 (civil legal services: special educational needs)—

(a) in sub-paragraph (1)(a), after “1996” insert “or Part 3 of the Children
and Families Act 2013”, and

(b) in sub-paragraph (1)(b), for “sections 139A and” substitute “section”.

Section 74

25SCHEDULE 4 Childminder agencies: amendments

Part 1 The childcare registers

1 The Childcare Act 2006 is amended as follows.

2 (1) 30Section 32 (childcare registration in England: maintenance of the two
childcare registers) is amended as follows.

(2) In subsection (2)—

(a) after “register of” insert “—

(a)”,

(b) 35omit “who are”, and

(c) for “under Chapter 2” substitute “by the Chief Inspector for the
purposes of Chapter 2”.

(3) At the end of that subsection insert “, and

(b) all persons registered as early years childminder agencies
under Chapter 2A (which provides for the compulsory
registration of persons with whom early years childminders
5and certain other early years providers may register for the
purposes of Chapter 2).”

(4) In subsection (4)—

(a) after “register of” insert “—

(a)”,

(b) 10omit “who are”, and

(c) for “under Chapter 3” substitute “by the Chief Inspector for the
purposes of Chapter 3”.

(5) At the end of that subsection insert “, and

(b) all persons registered as later years childminder agencies
15under Chapter 3A (which provides for the compulsory
registration of persons with whom later years childminders
and certain other later years providers may register for the
purposes of Chapter 3).”

(6) In subsection (5), for “under Chapter 4” substitute “by the Chief Inspector for
20the purposes of Chapter 4”.

Part 2 Early years childminder agencies

3 The Childcare Act 2006 is amended as follows.

4 In section 33 (requirement to register: early years childminders), in
25subsection (1) for “in the early years register as an early years childminder”
substitute “as an early years childminder—

(a) in the early years register, or

(b) with an early years childminder agency.”

5 (1) Section 34 (requirement to register: other early years providers) is amended
30as follows.

(2) For subsection (1) substitute—

“(1) A person may not provide early years provision on premises in
England which are not domestic premises unless the person is
registered in the early years register in respect of the premises.

(1A) 35A person may not provide early years provision on domestic
premises in England which would be early years childminding but
for section 96(5) unless the person is registered—

(a) in the early years register in respect of the premises, or

(b) with an early years childminder agency in respect of the
40premises.”

(3) In subsection (2) for “Subsection (1) does” substitute “Subsections (1) and
(1A) do”.

(4) In subsection (3) for “subsection (1) does” substitute “subsections (1) and
(1A) do”.

(5) In subsection (5) after “subsection (1)” insert “or (1A)”.

6 (1) Section 35 (applications for registration: early years childminders) is
amended as follows.

(2) In subsection (1) for “to the Chief Inspector for registration as an early years
5childminder” substitute “—

(a) to the Chief Inspector for registration as an early years
childminder in the early years register, or

(b) to an early years childminder agency for registration with
that agency as an early years childminder.”

(3) 10In subsection (2)—

(a) in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the early years childminder agency”, and

(b) in paragraph (c) at the beginning insert “if it is an application to the
Chief Inspector,”.

(4) 15In subsections (3) and (4), after “subsection (1)” insert “(a)”.

(5) After subsection (4) insert—

“(4A) An early years childminder agency may grant an application under
subsection (1)(b) only if—

(a) the applicant is not disqualified from registration by
20regulations under section 75,

(b) it appears to the agency that the prescribed requirements for
registration are satisfied and are likely to continue to be
satisfied, and

(c) it appears to the agency that any other reasonable
25requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered in the early
years register as an early years childminder if the applicant is
30registered with a childminder agency;

(ab) prohibiting the applicant from being registered with an early
years childminder agency as an early years childminder if the
applicant is registered—

(i) with another childminder agency;

(ii) 35in the early years register or the general childcare
register;”.

7 (1) Section 36 (applications for registration: other early years providers) is
amended as follows.

(2) After subsection (1) insert—

“(1A) 40A person who proposes to provide on any premises early years
provision in respect of which the person is required by section 34(1A)
to be registered may make an application—

(a) to the Chief Inspector for registration as an early years
provider in respect of the premises, or

(b) to an early years childminder agency for registration with
that agency as an early years provider in respect of the
premises.”

(3) In subsection (2)—

(a) 5after “subsection (1)” insert “or (1A)”,

(b) in paragraph (b) after “Chief Inspector” insert “or (as the case may
be) the early years childminder agency”, and

(c) in paragraph (c) at the beginning insert “if it is an application to the
Chief Inspector,”.

(4) 10In subsections (3) and (4), after “subsection (1)” insert “or (1A)(a)”.

(5) After subsection (4) insert—

“(4A) An early years childminder agency may grant an application under
subsection (1A)(b) only if—

(a) the applicant is not disqualified from registration by
15regulations under section 75,

(b) it appears to the agency that the prescribed requirements for
registration are satisfied and are likely to continue to be
satisfied, and

(c) it appears to the agency that any other reasonable
20requirements it has imposed are satisfied and are likely to
continue to be satisfied.”

(6) In subsection (5), after paragraph (a) insert—

“(aa) prohibiting the applicant from being registered in the early
years register as an early years provider other than a
25childminder if the applicant is registered with a childminder
agency;

(ab) prohibiting the applicant from being registered with an early
years childminder agency as an early years provider other
than a childminder if the applicant is registered—

(i) 30with another childminder agency;

(ii) in the early years register or the general childcare
register;”.

8 (1) Section 37 (entry on the register and certificates) is amended as follows.

(2) In subsection (1) after “section 35(1)” insert “(a)”.

(3) 35In subsection (2) after “section 36(1)” insert “or (1A)(a)”.

9 After section 37 insert—

“37A Early years childminder agencies: registers and certificates

(1) If an application under section 35(1)(b) is granted, the early years
childminder agency must—

(a) 40register the applicant in the register maintained by the
agency as an early years childminder, and

(b) give the applicant a certificate of registration stating that he
or she is so registered.

(2) If an application under section 36(1A)(b) is granted, the early years
45childminder agency must—

(a) register the applicant in the register maintained by the
agency as an early years provider other than a childminder,
in respect of the premises in question, and

(b) give the applicant a certificate of registration stating that he
5or she is so registered.

(3) A certificate of registration given to the applicant in pursuance of
subsection (1) or (2) must contain prescribed information about
prescribed matters.

(4) If there is a change of circumstances which requires the amendment
10of a certificate of registration, the early years childminder agency
must give the registered early years provider an amended
certificate.”

10 In section 38 (conditions on registration), in subsections (1) and (5) for
“under this Chapter” substitute “in the early years register”.

11 (1) 15Section 44 (instruments specifying learning and development or welfare
requirements) is amended as follows.

(2) In subsection (2)—

(a) after “Chief Inspector” insert “or early years childminder agencies”,
and

(b) 20omit “his”.

(3) In subsection (3) after “Chief Inspector” insert “or early years childminder
agencies”.

(4) In subsection (4) after paragraph (a) (and before the “or” which follows it)
insert—

“(aa) 25by early years childminder agencies in the exercise of
functions under this Part,”.

12 In section 49 (inspections), in subsection (1) for “under this Chapter”
substitute “in the early years register”.

13 After Chapter 2 (regulation of early years provision) insert—

“CHAPTER 2A 30Regulation of early years childminder agencies

Process of registration

51A Applications for registration

(1) A person may make an application to the Chief Inspector for
registration as an early years childminder agency.

(2) 35An application under subsection (1) must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector
reasonably requires the applicant to give, and

(c) be accompanied by any prescribed fee.

(3) 40The Chief Inspector must grant an application under subsection (1)
if—