Children and Families Bill (HL Bill 83)

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 78

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

“—

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

8 In section 18A (provision of education for persons subject to youth
10detention), in subsection (2)—

(a) in paragraph (b) omit “or learning difficulties (within the meaning of
section 15ZA(6) and (7))”, and

(b) after that paragraph insert—

“(ba) in the case of a local authority in England, any
15learning difficulties or disabilities (within the
meaning of section 15ZA(6) and (7)) the persons may
have;

(bb) in the case of a local authority in Wales, any learning
difficulties (within the meaning of section 41(5) and
20(6) of the Learning and Skills Act 2000) the persons
may have;”.

9 In the title of Chapter 1 of Part 4 (children with special educational needs)
after “children” insert “in Wales”.

10 Before section 312 (meaning of special educational needs etc) insert—

“311A 25 Application of this Chapter: children in Wales

This Chapter applies only in relation to children in the area of a local
authority in Wales.”

11 (1) Section 312 (meaning of “special educational needs” and “special
educational provision” etc) is amended as follows.

(2) 30In subsections (1) and (2), after “child” insert “in the area of a local authority
in Wales”.

(3) In subsection (3A)—

(a) in paragraph (a)—

(i) omit “15ZA”, and

(ii) 35for “, 15B and 507B” substitute “and 15B”, and

(b) in paragraph (b), before “determining” substitute “a local authority
in Wales”.

(4) In subsection (4), after ““special educational provision”” insert “, in relation
to a child in the area of a local authority in Wales,”.

12 (1) 40Section 313 (code of practice) is amended as follows.

(2) In subsections (1) and (4) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (5)—

(a) after “means” insert “the Special Educational Needs Tribunal for
45Wales.”, and

(b) omit paragraphs (a) and (b).

13 (1) Section 314 (making and approval of code) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State proposes” substitute “Welsh Ministers
5propose”, and

(b) for “he” substitute “they”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “he thinks” substitute “they think”, and

(c) 10for “them” substitute “those persons”.

(4) For subsection (3) substitute—

“(3) If the Welsh Ministers determine to proceed with the draft (either in
its original form or with such modifications as they think fit) they
shall lay it before the National Assembly for Wales.”

(5) 15In subsection (4)—

(a) for “each house, the Secretary of State” substitute “the National
Assembly for Wales, the Welsh Ministers”, and

(b) for “the Secretary of State may” substitute “the Welsh Ministers
may”.

14 (1) 20Section 316A (education otherwise than in mainstream schools) is amended
as follows.

(2) In subsection (2)—

(a) in paragraph (a), for sub-paragraph (ii) substitute—

(bb) in paragraph (c), for sub-paragraph (ii) substitute—

(3) 25In subsection (8)—

(a) after “issued” insert “by the Welsh Ministers”, and

(b) omit paragraphs (a) and (b).

(4) In subsection (10)—

(a) omit “, in relation to Wales,”, and

(b) 30for “National Assembly for Wales” substitute “Welsh Ministers”.

15 In section 317 (duties of governing body or local authority in relation to
pupils with special educational needs), in subsection (5)—

(a) after “foundation special school shall” insert “include special needs
information in the report prepared under section 30(1) of the
35Education Act 2002 (governors’ report).”, and

(b) omit paragraphs (a) and (b).

16 (1) Section 318 (provision of goods and services in connection with special
educational needs) is amended as follows.

(2) Omit subsections (3) and (3A).

(3) In subsection (3B) omit “in Wales” (in the first place it occurs).

(4) In consequence of the repeal made by sub-paragraph (2)—

(a) in Schedule 30 to the School Standards and Framework Act 1998
omit paragraph 75(4),

(b) 5in the Education Act 2002, in section 194 omit subsection (2)(a), and

(c) in Schedule 2 to the Childcare Act 2006, omit paragraph 21.

17 In section 326 (appeal against contents of statement), in subsection (4)(c) for
the words from “in the case” to “in the proceedings” substitute “in the
proceedings the child has proposed the school”.

18 (1) 10Section 326A (unopposed appeals) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) the parent of a child, or a child, has appealed to the Tribunal
under section 325, 328, 329 or 329A or paragraph 8(3) of
Schedule 27 against a decision of a local authority, and”.

(3) 15In subsection (6)—

(a) after “regulations made” insert “by the Welsh Ministers”, and

(b) omit paragraphs (a) and (b).

19 (1) Section 328A (appeal against determination of local authority in England not
to amend statement following review) is repealed.

(2) 20In consequence of the repeal made by sub-paragraph (1), section 2 of the
Children, Schools and Families Act 2010 is repealed.

20 (1) Section 329A (review or assessment of educational needs at request of
responsible body) is amended as follows.

(2) In subsection (14)—

(a) 25after ““Relevant early years education”” insert “has the same
meaning as it has (in relation to Wales) in section 123 of the School
Standards and Framework Act 1998 except that it does not include
early years education provided by a local authority at a maintained
nursery school.”, and

(b) 30omit paragraphs (a) and (b).

(3) In subsection (15)—

(a) omit “, in relation to Wales,”, and

(b) for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In consequence of the amendments made by sub-paragraph (2), in
35paragraph 22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph
(4).

(5) Until the coming into force in relation to Wales of the amendments made by
paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A
of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph
40(2)) there were substituted—

“(14) Relevant nursery education” has the same meaning as in section 123
of the School Standards and Framework Act 1998, except that it does
not include nursery education provided by a local authority at a
maintained nursery school.”

21 (1) Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended
as follows.

(2) In subsection (1) omit “Welsh”.

(3) In the title omit “Welsh”.

22 5In section 332ZB (notice and service of documents on a child in relation to an
appeal by the child), in subsection (1) omit “in Wales”.

23 (1) Section 332ZC (case friends—Wales) is amended as follows.

(2) In subsection (1), in paragraph (a) omit “in Wales”.

(3) In subsection (3), in paragraph (a) omit “Welsh”.

(4) 10In the title, omit “—Wales”.

24 (1) Section 332A (advice and information for parents—England) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), section 2 of the
Special Educational Needs and Disability Act 2001 is repealed.

(3) The repeals made by sub-paragraphs (1) and (2) do not affect the application
15for the time being of section 332A to certain local authorities in Wales by
virtue of article 4(a) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
320).

25 (1) Section 332AA (advice and information— Wales) is amended as follows.

(2) 20In subsection (1) omit “in Wales”.

(3) In the title, omit “— Wales”.

26 (1) Section 332B (resolution of disputes—England) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), section 3 of the
Special Educational Needs and Disability Act 2001 is repealed.

(3) 25The repeals made by sub-paragraphs (1) and (2) do not affect the application
for the time being of section 332B to certain local authorities in Wales by
virtue of article 4(b) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
320).

27 (1) 30Section 332BA (resolution of disputes—Wales) is amended as follows.

(2) In subsections (1) and (2) omit “in Wales”.

(3) In the title, omit “—Wales”.

28 (1) Section 332BB (independent advocacy services—Wales) is amended as
follows.

(2) 35In subsections (1) and (5) omit “in Wales”.

(3) In the title, omit “—Wales”.

29 (1) Sections 332C to 332E (information about children in England with special
educational needs) are repealed, and the cross-heading which precedes
section 332C is omitted.

(2) In consequence of the repeals made by sub-paragraph (1), section 1 of the
Special Educational Needs (Information) Act 2008 is repealed.

30 In the cross-heading which precedes section 333 (Special Educational Needs
Tribunal) after “Tribunal” insert “for Wales”.

31 (1) 5Section 333 (constitution of Welsh Tribunal) is amended as follows.

(2) Omit subsection (1ZB).

(3) In the following provisions, omit “Welsh”—

(a) subsection (1),

(b) in subsection (2), paragraphs (a), (b) and (c),

(c) 10in subsection (5), paragraph (a), and paragraph (b) (in the first place
it occurs), and

(d) subsection (6) (in the second place it occurs).

(4) In the title, omit “Welsh”.

32 In section 335 (remuneration and expenses), in subsection (1) and (2) omit
15“Welsh” (in each case, in the second place it occurs).

33 (1) Section 336 (Tribunal procedure) is amended as follows.

(2) In the following provisions omit “Welsh”—

(a) subsection (1) (in the second place it occurs),

(b) in subsection (2), paragraphs (b), (o) and (p),

(c) 20subsection (2A),

(d) subsection (3) (in the second place it occurs), and

(e) subsection (4) (in the first place it occurs).

(2) Omit subsection (5A).

(3) In subsection (6) omit “or (5A)”.

34 (1) 25Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is
amended as follows.

(2) In the following provisions, omit “Welsh”—

(a) subsection (1) (in both places it occurs),

(b) subsection (2), and

(c) 30subsection (3).

(3) In the title, omit “Welsh”.

35 In section 336A (compliance with orders), in subsection (2)—

(a) after “made” insert “by the Welsh Ministers with the agreement of
the Secretary of State.”, and

(b) 35omit paragraphs (a) and (b).

36 For section 337 (special schools) substitute—

“337 Special schools

A school is a special school if it is specially organised to make special
educational provision for pupils with special educational needs, and
40it is—

(a) maintained by a local authority,

(b) an Academy school, or

(c) a non-maintained special school.”

37 In section 342 (approval of non-maintained special schools), in subsection
(1)(b) after “community or foundation special school” insert “or an Academy
5school”.

38 (1) Section 348 (provision of special education at non-maintained schools) is
amended as follows.

(2) In subsection (1) after paragraph (a) (and before the “and” which follows it)
insert—

“(aa) 10the child is in the area of a local authority in Wales,”.

(3) In the title, at the end insert “—Wales”.

39 (1) Section 438 (choice of school: child without statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) 15after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In the title, after “without” insert “EHC plan or”.

40 (1) Section 440 (amendment of order at request of parent: child without
20statement of special educational needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) 25In the title, after “without” insert “EHC plan or”.

41 (1) Section 441 (choice of school: child with statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
30in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In subsection (2) after “Where the” insert “EHC plan or”.

(4) In subsection (3)—

(a) after “Where the” insert “EHC plan or”, and

(b) 35after “amend the” insert “EHC plan or”.

(5) After subsection (3A) insert—

“(3B) An amendment to an EHC plan required to be made under
subsection (3)(a) shall be treated as if it were an amendment made
following a review under section 44 of the Children and Families Act
402014, and that section and regulations made under it apply
accordingly.”

(6) In subsection (4)—

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

(b) in paragraph (b) after “specified in the” insert “plan or”.

(7) In the title, after “with” insert “EHC plan or”.

42 In section 442 (revocation of order at request of parent), in subsection (5)—

(a) 5after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”,

(b) after “section 324” insert “(in the case of a local authority in Wales)”,

(c) in paragraph (a) after “specified in” insert “the EHC plan or”, and

(d) in paragraph (b) after “in the” insert “plan or the”.

43 10In section 463 (meaning of “independent school”)—

(a) in subsection (1)(b), after “for whom” insert “an EHC plan is
maintained or for whom”, and

(b) in subsection (1), for “or a special school not so maintained”
substitute “non-maintained special school”.

44 (1) 15Section 483A (city colleges and academies: special educational needs) is
amended as follows.

(2) In subsection (2), in paragraph (a) for “a statement is maintained under
section 324” substitute “an EHC plan or a statement under section 324 is
maintained”.

(3) 20In subsection (3), in paragraph (a) for “the statement” substitute “the EHC
plan”.

(4) In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the
plan or”.

45 In section 507B (local authorities in England: functions in respect of leisure-
25time activities etc for persons aged 13 to 19 and certain persons aged 20 to
24), in subsection (2)(b) after “learning difficulty” insert “or disability”.

46 In section 508F (local authorities in England: provision of transport etc for
adult learners), in subsection (9) in the definition of “relevant young adult”
for “who is aged under 25 and is subject to learning difficulty assessment”
30substitute “for whom an EHC plan is maintained”.

47 In the title of section 508I (complaints about transport arrangements etc for
young adults subject to learning difficulty assessment: England), for “adults
subject to learning difficulty assessment” substitute “adult for whom EHC
plan is maintained”.

48 (1) 35Section 509AB (local authorities in England: further provision about
transport policy statements for persons of sixth form age) is amended as
follows.

(2) In subsection (1) after “difficulties” insert “or disabilities”.

(3) In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or
40disabilities”.

49 In section 509AC (interpretation of sections 509AA and 509AB), in
subsection (4) after “learning difficulties” insert “or disabilities”.

50 (1) Section 514A (provision of boarding accommodation for persons subject to
learning difficulty assessment) is amended as follows.