Children and Families Bill (HL Bill 59)

54 In the title of section 84 (disclosure of information for certain purposes), at
the end insert “: the Chief Inspector”.

55 After section 84 insert—

“84A Disclosure of information for certain purposes: childminder agencies

(1) 5An early years childminder agency or a later years childminder
agency may arrange for prescribed information held by the agency
in relation to persons registered with the agency under this Part to be
made available for the purpose of—

(a) assisting parents or prospective parents in choosing an early
10years provider or later years provider, or

(b) protecting children from harm or neglect.

(2) The information may be made available in such manner and to such
persons as the agency considers appropriate.

(3) Regulations may require an early years childminder agency or a later
15years childminder agency to provide prescribed information held by
the agency in relation to persons registered with the agency under
this Part to prescribed persons for either of the purposes mentioned
in subsection (1).”

56 In section 85 (offence of making false or misleading statement), in subsection
20(1) for “he” substitute “the person”.

57 (1) Section 87 (offences by bodies corporate) is amended as follows.

(2) In subsection (1) for “This section” substitute “Subsection (2)”.

(3) After subsection (2) insert—

“(3) Subsection (4) applies where any offence under this Part is
25committed by a partnership.

(4) If the offence is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
partner, that partner (as well as the partnership) is guilty of the
offence and liable to be proceeded against and punished
30accordingly.”

(4) In the title, at the end insert “and partnerships”.

58 In section 89 (fees), in subsection (1) after “to 4” insert “in the early years
register or the general childcare register”.

59 (1) Section 90 (cases where consent to disclosure is withheld) is amended as
35follows.

(2) In subsection (1)—

(a) in paragraph (a) for “Chapter 2, 3 or 4” substitute “any of Chapters 2
to 4”, and

(b) in paragraph (b) after “68(2)(a)” insert “or 69B(2)(a)”.

(3) 40In subsection (2)(b) omit “his” in both places it occurs.

60 (1) Section 93 (notices) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (a) insert—

“(aa) section 57A(2) and (4);

(ab) section 61C(1);”, and

(b) 5after paragraph (b) insert—

“(ba) section 65A(1) and (3);”.

(3) In subsection (2)(a) for “him” substitute “the person”.

(4) In subsection (4)—

(a) in paragraph (a) for “his” substitute “a”, and

(b) 10in paragraph (b) omit “by him”.

61 In section 94 (power to amend Part 3: applications in respect of multiple
premises), in paragraph (a)—

(a) after “36(1)” insert “or (1A)”, and

(b) after “55(1)” insert “or (1A)”.

62 (1) 15Section 98 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “childcare” insert—

• ““childminder agency” means—

  (a)

  an early years childminder agency;

  (b)

  20a later years childminder agency;”,

(b) after the definition of “domestic premises” insert—

• ““early years childminder agency” means a person
  registered in the early years register as an early years
  childminder agency;”, and

(c) 25before the definition of “later years provision” insert—

• ““later years childminder agency” means a person
  registered in Part A of the general childcare register as
  a later years childminder agency;”.

(3) After that subsection insert—

“(1A) 30A person is registered for the purposes of this Part if that person is
registered—

(a) in the early years register,

(b) in the general childcare register, or

(c) with an early years childminder agency or a later years
35childminder agency.”

Part 6 Other amendments

63 In section 99 of the Childcare Act 2006 (provision of information about
young children: England), in subsection (1) after paragraph (a) (and before
40the “and” which follows it) insert—

“(aa) a person registered as an early years childminder agency
under Chapter 2A of Part 3,”.

64 In the Employment Agencies Act 1973, in section 13(7) (exemptions) after

paragraph (c) insert—

“(ca) an early years childminder agency or a later years
childminder agency (as defined in section 98 of the Childcare
Act 2006);”.

Section 94

5SCHEDULE 5 Children’s Commissioner: minor and consequential amendments

Inquiries

1 (1) Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is
amended as follows.

(2) 10Omit subsection (3) (requirement to consult the Secretary of State before
holding an inquiry).

(3) In subsection (7) for “under any enactment” substitute “of a public nature”.

2 (1) Section 4 of the Children Act 2004 (inquiries held on the direction of the
Secretary of State) is repealed.

(2) 15In consequence of sub-paragraph (1), omit the following provisions of the
Children Act 2004—

(a) section 5(6) and (7) (inquiries in Wales),

(b) section 6(7) to (9) (inquiries in Scotland), and

(c) section 7(7) to (9) (inquiries in Northern Ireland).

20Functions of Commissioner: children in Wales, Scotland and Northern Ireland

3 (1) Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is
amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Wales” substitute “promoting and protecting the rights of
25children in Wales”.

(3) After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Wales.”

(4) For subsection (2) substitute—

“(2) 30Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
35substituted “in Wales, except in so far as relating to any
matter falling within the remit of the Children’s
Commissioner for Wales under section 72B, 73 or 74 of the
Care Standards Act 2000,”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) 5section 2E(1) has effect as if “and the function under section
2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

4 (1) Section 6 of the Children Act 2004 (functions of Commissioner in Scotland)
10is amended as follows.

(2) In subsection (1), for “promoting awareness of the views and interests of
children in Scotland in relation to reserved matters” substitute “promoting
and protecting the rights of children in Scotland where those rights are or
may be affected by reserved matters”.

(3) 15After subsection (1) insert—

“(1A) The function under subsection (1) includes promoting awareness of
the views and interests of children in Scotland.”

(4) For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
20apply in relation to the Children’s Commissioner’s function under
subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
substituted “in Scotland, in relation to reserved matters,”,

(b) 25sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
302D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

5 (1) Section 7 of the Children Act 2004 (functions of Commissioner in Northern
Ireland) is amended as follows.

(2) 35In subsection (1), for “promoting awareness of the views and interests of
children in Northern Ireland in relation to excepted matters” substitute
“promoting and protecting the rights of children in Northern Ireland where
those rights are or may be affected by excepted matters”.

(3) After subsection (1) insert—

“(1A) 40The function under subsection (1) includes promoting awareness of
the views and interests of children in Northern Ireland.”

(4) For subsection (2) substitute—

“(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F
apply in relation to the Children’s Commissioner’s function under
45subsection (1) as in relation to the Commissioner’s primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were
substituted “in Northern Ireland, in relation to excepted
matters,”,

(b) 5sections 2(4) and 2B(3) have effect as if for “children who are
within section 8A (children living away from home or
receiving social care) and other groups of children” there
were substituted “groups of children”,

(c) section 2E(1) has effect as if “and the function under section
102D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section
2D” were omitted.”

Young persons

6 (1) For section 9 of the Children Act 2004 (care leavers and young persons with
15learning disabilities) substitute—

“9 Commissioner’s functions in relation to certain young people

(1) This section applies for the purposes of this Part, other than sections
2A and 8A (and references in this Part to a child who is within section
8A).

(2) 20For the purposes of the Children’s Commissioner’s functions in
respect of children in England, a reference to a child includes, in
addition to a person under the age of 18—

(a) a person aged 18 or over for whom an EHC plan is
maintained by a local authority,

(b) 25a person aged 18 or over and under 25 to whom a local
authority in England has provided services under any of
sections 23C to 24D of the Children Act 1989 at any time after
reaching the age of 16, or

(c) a person aged 18 or over and under 25 who has been looked
30after by a local authority (in Wales, Scotland or Northern
Ireland) at any time after reaching the age of 16.

(3) For the purposes of the Children’s Commissioner’s functions in
respect of children in Wales, Scotland and Northern Ireland, a
reference to a child includes, in addition to a person under the age of
3518, a person aged 18 or over and under 25—

(a) who has a learning disability,

(b) who has been looked after by a local authority (in Wales,
Scotland or Northern Ireland) at any time after reaching the
age of 16, or

(c) 40to whom a local authority in England has provided services
under any of sections 23C to 24D of the Children Act 1989 at
any time after reaching the age of 16.

(4) For the purposes of this section—

• “EHC plan” means a plan within section 37(2) of the Children
  45and Families Act 2013 (education, health and care plans);

• “learning disability” means a state of arrested or incomplete
  development of mind which induces significant impairment
  of intelligence and social functioning;

Children and Families BillPage 195

• a person is “looked after by a local authority” if—

  (a)

  for the purposes of the Children Act 1989, he or she is
  looked after by a local authority in Wales;

  (b)

  for the purposes of the Children (Scotland) Act 1995,
  5he or she is looked after by a local authority in
  Scotland;

  (c)

  for the purposes of the Children (Northern Ireland)
  Order 1995, he or she is looked after by an authority
  in Northern Ireland.”

(2) 10Until the coming into force of Part 3 of this Act, section 9 of the Children Act
2004 (as substituted by sub-paragraph (1)) has effect as if—

(a) in subsection (2) for paragraph (a) there were substituted—

“(a) a person aged 18 or over and under 25 in respect of
whom an assessment under section 139A of the
15Learning and Skills Act 2000 (a learning difficulty
assessment) has been conducted,”, and

(b) in subsection (4) the definition of “EHC plan” were omitted.

Appointment and tenure of Children’s Commissioner

7 In Schedule 1 to the Children Act 2004, in paragraph 3 (appointment and
20tenure of office)—

(a) in sub-paragraph (2) for “, to such extent and in such manner as he
thinks fit,” substitute “take reasonable steps to”,

(b) in sub-paragraph (4) for “five years” substitute “six years”, and

(c) in sub-paragraph (5) for “is eligible for reappointment once only”
25substitute “is not eligible for reappointment”.

8 In Schedule 1 to the Children Act 2004, after paragraph 3 insert—

“Interim appointments

3A (1) Where there is a vacancy in the office of Children’s Commissioner,
the Secretary of State may appoint a person as interim Children’s
30Commissioner.

(2) Subject to the provisions of this paragraph, a person holds and
vacates office as interim Children’s Commissioner in accordance
with the terms and conditions of the appointment as determined
by the Secretary of State.

(3) 35An appointment as interim Children’s Commissioner is for a term
ending—

(a) with the appointment of a person as the Children’s
Commissioner under paragraph 3, or

(b) if sooner, at the end of the period of six months beginning
40with the date on which the appointment as interim
Children’s Commissioner was made.

(4) A person who has held office as interim Children’s
Commissioner—

(a) is eligible for reappointment, and

(b) 45is eligible for appointment as the Children’s
Commissioner.

(5) An interim Children’s Commissioner may at any time resign by
notice in writing to the Secretary of State.

(6) The Secretary of State may remove an interim Children’s
Commissioner from office if satisfied that the interim
5Commissioner has—

(a) become unfit or unable properly to discharge his or her
functions; or

(b) behaved in a way that is not compatible with continuing in
office.”

10Deputy Children’s Commissioner

9 (1) In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—

(a) in sub-paragraph (1) omit “, one of whom shall be appointed as
deputy Children’s Commissioner”,

(b) omit sub-paragraph (2), and

(c) 15in sub-paragraph (3) omit “Without prejudice to sub-paragraph (2),”.

(2) In consequence of sub-paragraph (1), in section 36(6) of the Criminal Justice
and Court Services Act 2000 (meaning of “regulated position”), in paragraph
(fa) omit “and deputy Children’s Commissioner”.

Section 95

SCHEDULE 6 20Repeal of requirement to appoint Children’s Rights Director: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)
providing for designated members of staff of the Office for Standards in
Education, Children’s Services and Skills (“the Office”) to become members
25of the Children’s Commissioner’s staff.

(2) A staff transfer scheme may provide—

(a) for the terms and conditions of service of a member of staff of the
Office to have effect (subject to any necessary modifications) as the
terms and conditions of service as a member of the Children’s
30Commissioner’s staff;

(b) for the transfer to the Children’s Commissioner of the rights, powers,
duties and liabilities of the Office under or in connection with the
contract of employment of the member of staff;

(c) for anything done (or having effect as if done) before that transfer by
35or in relation to the Office in respect of such a contract or the member
of staff to be treated as having been done by or in relation to the
Children’s Commissioner.

(3) A staff transfer scheme may provide for a period before a person became a
member of the Children’s Commissioner’s staff to count as a period during
40which he or she was a member of the Commissioner’s staff (and for the
operation of the scheme not to be treated as having interrupted the
continuity of that period).

(4) A staff transfer scheme may provide for a person who would be treated (by
an Act or otherwise) as being dismissed by the operation of the scheme not
to be so treated.

(5) A staff transfer scheme may provide for a person who is a member of staff
5of the Office not to become a member of the Children’s Commissioner’s staff
if the person gives notice objecting to the operation of the scheme in relation
to him or her.

Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
10providing for the transfer to the Children’s Commissioner of designated
property, rights or liabilities of the Office.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) 15provide for anything done by or in relation to the Office in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the Children’s Commissioner;

(c) apportion property, rights and liabilities;

(d) 20make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
25of the scheme.

The Chief Inspector

3 In the following provisions of this Schedule, a reference to the Office
includes a reference to the Chief Inspector—

(a) paragraph 1(2)(b) (to the extent that the Chief Inspector has rights,
30powers, duties or liabilities under or in connection with the contract
of employment of a member of staff of the Office);

(b) paragraph 1(2)(c) (to the extent that anything has been done (or has
effect as if done) by or in relation to the Chief Inspector in respect of
such a contract or member of staff before a transfer);

(c) 35paragraph 2(1) (to the extent that the Chief Inspector has property,
rights or liabilities);

(d) paragraph 2(2)(b) (to the extent that anything has been done by or in
relation to the Chief Inspector in respect of any property, rights or
liabilities transferred by a property transfer scheme).

40Continuity

4 A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the Office or
the Chief Inspector before the transfer takes effect.

Supplementary provisions

5 A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Interpretation

6 5In this Schedule—

• “the Chief Inspector” means Her Majesty’s Chief Inspector of
  Education, Children’s Services and Skills;

• “designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  10scheme;

• “the Office” has the meaning given in paragraph 1(1).

Section 105

SCHEDULE 7 Statutory rights to leave and pay: further amendments

Social Security Act 1989 (c. 24)Social Security Act 1989 (c. 24)

1 15Schedule 5 to the Social Security Act 1989 (employment-related schemes for
pensions or other benefits to comply with the principle of equal treatment
for men and women) is amended as follows.

2 (1) Paragraph 5A (schemes that contain unfair paternity leave provisions) is
amended as follows.

(2) 20In sub-paragraph (3) (how scheme affected), in the words following
paragraph (b), for “, ordinary statutory paternity pay or additional statutory
paternity pay” there is substituted “or statutory paternity pay”.

(3) In sub-paragraph (4) (definitions), in the definition of “period of paid
paternity leave”—

(a) 25in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”;

(b) in paragraph (a), the words “or (8)” are repealed;

(c) in paragraph (b), for “, ordinary statutory paternity pay or additional
statutory paternity pay” there is substituted “or statutory paternity
pay”.

(4) 30In sub-paragraph (7) (type of paid paternity leave: where adoption does not
involve placement for adoption under the law of any part of the United
Kingdom), for “section 171ZK” there is substituted “section 171ZK(1)”.

(5) After sub-paragraph (7) there is inserted—

“(7A) This sub-paragraph applies if—

(a) 35the member’s absence from work is due to the placement
or expected placement of a child under section 22C of the
Children Act 1989, and

(b) in relation to that child, the member satisfies the conditions
prescribed under section 171ZB(2)(a)(i) and (ii) of the
40Social Security Contributions and Benefits Act 1992, as
modified by section 171ZB(8) of that Act (cases involving

the placing of a child by a local authority in England with
a local authority foster parent who has been approved as a
prospective adopter).

(7B) This sub-paragraph applies if—

(a) 5the member’s absence from work is due to the birth or
expected birth of a child, and

(b) in relation to that child, the member satisfies the conditions
prescribed under section 171ZB(2)(a)(i) and (ii) of the
Social Security Contributions and Benefits Act 1992, as
10applied by virtue of section 171ZK(2) of that Act (cases
involving applicants for parental orders under section 54
of the Human Fertilisation and Embryology Act 2008).”

(6) Sub-paragraph (8) (absence from work in circumstances where certain
conditions for payment of additional statutory paternity pay are satisfied) is
15repealed.

3 (1) Paragraph 5B (schemes that contain unfair adoption leave provisions) is
amended as follows.

(2) In sub-paragraph (4) (definitions), in the definition of “period of paid
adoption leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or
20(8)”.

(3) After sub-paragraph (6) there is inserted—

“(7) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement
or expected placement of a child under section 22C of the
25Children Act 1989, and

(b) in relation to that child, the member satisfies the condition
in section 171ZL(2)(a) of the Social Security Contributions
and Benefits Act 1992, as modified by section 171ZL(9) of
that Act (cases involving the placing of a child by a local
30authority in England with a local authority foster parent
who has been approved as a prospective adopter).

(8) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth or
expected birth of a child, and

(b) 35in relation to that child, the member satisfies the condition
in section 171ZL(2)(a) of the Social Security Contributions
and Benefits Act 1992, as applied by virtue of section
171ZT(2) of that Act (cases involving applicants for
parental orders under section 54 of the Human
40Fertilisation and Embryology Act 2008).”

4 After paragraph 5B there is inserted—

“Unfair shared parental leave provisions

5C (1) Where an employment-related benefit scheme includes any unfair
shared parental leave provisions (irrespective of any differences
45on the basis of sex in the treatment accorded to members under
those provisions), then—