Children and Families Bill (HL Bill 83)

(i) any terms as to the payments which would be made to
him or her in respect of the provision, and

(ii) any requirements which would be imposed in respect of
it.

(2) 5Arrangements made by an authority to satisfy any requirement
imposed under subsection (1) may be made with an early years
provider or with an early years childminder agency or any other person
who is able to arrange for an early years provider to provide early years
provision.

(3) 10The regulations may provide that such a requirement—

(a) applies only if the early years provider is of a prescribed
description;

(b) applies only if the early years provision provided by the early
years provider is of a prescribed description;

(c) 15does not apply in prescribed circumstances.

(4) The regulations may provide that arrangements made by an authority
for the purpose of complying with such a requirement must include
provision allowing the local authority to terminate the arrangements in
prescribed circumstances.

(5) 20In this section—

• “early years childminder agency” and “early years provider” have
  the same meanings as in Part 3;

• “parent” has the same meaning as in section 2.”

(3) After section 9 (arrangements between local authority and childcare providers)
25insert—

“9A Arrangements made by local authorities for the purposes of section 7

Regulations may provide that arrangements made by an English local
authority for the purpose of discharging its duty under section 7—

(a) may impose requirements on the person with whom the
30arrangements are made only if the requirements are of a
prescribed description;

(b) may not impose requirements of a prescribed description on the
person with whom the arrangements are made.”

84 Governing bodies: provision of community facilities

(1) 35Section 28 of the Education Act 2002 (limits on the powers of governing bodies
of maintained schools to provide community facilities etc under section 27) is
amended as follows.

(2) In subsection (4), for “a governing body” substitute “the governing body of a
maintained school in Wales”.

(3) 40Omit subsection (4C).

(4) In subsection (5)—

(a) for “a governing body” substitute “the governing body of a maintained
school in Wales”, and

(b) in paragraph (a) omit “(in relation to England) by the Secretary of State
45or (in relation to Wales)”.

85 Childcare costs scheme: preparatory expenditure

The Commissioners for Her Majesty’s Revenue and Customs may incur
expenditure in preparing for the introduction of a scheme for providing
assistance in respect of the costs of childcare.

5Part 5 Welfare of children

86 Extension of licensing of child performances to children under 14

Section 38 of the Children and Young Persons Act 1963 (licences for
performances by children under 14 not to be granted except for certain
10dramatic or musical performances) is repealed.

87 Regulation of retail packaging etc of tobacco products

(1) The Secretary of State may make regulations under subsection (6) or (8) if the
Secretary of State considers that the regulations may contribute at any time to
reducing the risk of harm to, or promoting, the health or welfare of people
15under the age of 18.

(2) Subsection (1) does not prevent the Secretary of State, in making regulations
under subsection (6) or (8), from considering whether the regulations may
contribute at any time to reducing the risk of harm to, or promoting, the health
or welfare of people aged 18 or over.

(3) 20The Secretary of State may treat regulations under subsection (6) or (8) as
capable of contributing to reducing the risk of harm to, or promoting, the
health or welfare of people under the age of 18 if the Secretary of State
considers that—

(a) at least some of the provisions of the regulations are capable of having
25that effect, or

(b) the regulations are capable of having that effect when taken together
with other regulations that were previously made under subsection (6)
or (8) and are in force.

(4) Regulations under subsection (6) or (8) are to be treated for the purposes of
30subsection (1) or (2) as capable of contributing to reducing the risk of harm to,
or promoting, people’s health or welfare if (for example) they may contribute
to any of the following—

(a) discouraging people from starting to use tobacco products;

(b) encouraging people to give up using tobacco products;

(c) 35helping people who have given up, or are trying to give up, using
tobacco products not to start using them again;

(d) reducing the appeal or attractiveness of tobacco products;

(e) reducing the potential for elements of the packaging of tobacco
products other than health warnings to detract from the effectiveness
40of those warnings;

(f) reducing opportunities for the packaging of tobacco products to
mislead consumers about the effects of using them;

(g) reducing opportunities for the packaging of tobacco products to create
false perceptions about the nature of such products;

(h) having an effect on attitudes, beliefs, intentions and behaviours relating
to the reduction in use of tobacco products.

(5) Regulations under subsection (6) or (8) are to be treated for the purposes of
subsection (1) as capable of contributing to reducing the risk of harm to, or
5promoting, the health or welfare of people under the age of 18 if—

(a) they may contribute to reducing activities by such people which risk
harming their health or welfare after they reach the age of 18, or

(b) they may benefit such people by reducing the use of tobacco products
among people aged 18 or over.

(6) 10The Secretary of State may by regulations make provision about the retail
packaging of tobacco products.

(7) Regulations under subsection (6) may in particular impose prohibitions,
requirements or limitations relating to—

(a) the markings on the retail packaging of tobacco products (including the
15use of branding, trademarks or logos);

(b) the appearance of such packaging;

(c) the materials used for such packaging;

(d) the texture of such packaging;

(e) the size of such packaging;

(f) 20the shape of such packaging;

(g) the means by which such packaging is opened;

(h) any other features of the retail packaging of tobacco products which
could be used to distinguish between different brands of tobacco
product;

(i) 25the number of individual tobacco products contained in an individual
packet;

(j) the quantity of a tobacco product contained in an individual packet.

(8) The Secretary of State may by regulations make provision imposing
prohibitions, requirements or limitations relating to—

(a) 30the markings on tobacco products (including the use of branding,
trademarks or logos);

(b) the appearance of such products;

(c) the size of such products;

(d) the shape of such products;

(e) 35the flavour of such products;

(f) any other features of tobacco products which could be used to
distinguish between different brands of tobacco product.

(9) The Secretary of State may by regulations—

(a) create offences which may be committed by persons who produce or
40supply tobacco products the retail packaging of which breaches
prohibitions, requirements or limitations imposed by regulations
under subsection (6);

(b) create offences which may be committed by persons who produce or
supply tobacco products which breach prohibitions, requirements or
45limitations imposed by regulations under subsection (8);

(c) provide for exceptions and defences to such offences;

(d) make provision about the liability of others to be convicted of such
offences if committed by a body corporate or a Scottish partnership.

(10) The Secretary of State may by regulations provide that regulations under
subsection (6) or (8) are to be treated for the purposes specified in regulations
under this subsection as safety regulations within the meaning of the
Consumer Protection Act 1987.

(11) 5The Secretary of State may by regulations make provision amending,
repealing, revoking or otherwise modifying any provision made by or under
an enactment (whenever passed or made) in connection with provision made
by regulations under any of subsections (6), (8), (9) or (10).

(12) The Secretary of State must—

(a) 10obtain the consent of the Scottish Ministers before making regulations
under any of subsections (6), (8), (9) or (10) containing provision which
would (if contained in an Act of the Scottish Parliament) be within the
legislative competence of that Parliament;

(b) obtain the consent of the Welsh Ministers before making regulations
15under any of those subsections containing provision which would (if
contained in an Act of the National Assembly for Wales) be within the
legislative competence of that Assembly;

(c) obtain the consent of the Office of the First Minister and deputy First
Minister in Northern Ireland before making regulations under any of
20those subsections containing provision which would (if contained in an
Act of the Northern Ireland Assembly) be within the legislative
competence of that Assembly.

(13) For the purposes of this section a person produces a tobacco product if, in the
course of a business and with a view to the product being supplied for
25consumption in the United Kingdom or through the travel retail sector, the
person—

(a) manufactures the product,

(b) puts a name, trademark or other distinguishing mark on it by which the
person is held out to be its manufacturer or originator, or

(c) 30imports it into the United Kingdom.

(14) For the purposes of this section a person supplies a tobacco product if in the
course of a business the person—

(a) supplies the product,

(b) offers or agrees to supply it, or

(c) 35exposes or possesses it for supply.

(15) In this section—

• “enactment” includes—

  (a)

  an Act of the Scottish Parliament,

  (b)

  a Measure or Act of the National Assembly for Wales, or

  (c)

  40Northern Ireland legislation;

• “external packaging”, “internal packaging” and “wrapper” have the
  meanings given by regulations under subsection (6);

• “packaging”, in relation to a tobacco product, means—

  (a)

  the external packaging of that product,

  (b)

  45any internal packaging of that product,

  (c)

  any wrapper of that product, or

  (d)

  any other material attached to or included with that product or
  anything within paragraphs (a) to (c);

Children and Families BillPage 64

• “retail packaging”, in relation to a tobacco product, means the packaging
  in which it is, or is intended to be, presented for retail sale;

• “retail sale” means sale otherwise than to a person who is acting in the
  course of a business which is part of the tobacco trade;

• 5“tobacco product” means a product consisting wholly or partly of tobacco
  and intended to be smoked, sniffed, sucked or chewed;

• “travel retail sector” means retail outlets in the United Kingdom at which
  tobacco products may be purchased only by people travelling on
  journeys to destinations outside the United Kingdom.

88 10Protection of children’s health: offence of smoking in a private vehicle

The Secretary of State may bring forward regulations making it an offence for
any person who drives a private vehicle to fail to prevent smoking in the
vehicle when a child or children are present.

89 Young carers

(1) 15In the Children Act 1989, after section 17 insert—

“17ZA Young carers’ needs assessments: England

(1) A local authority in England must assess whether a young carer within
their area has needs for support and, if so, what those needs are, if—

(a) it appears to the authority that the young carer may have needs
20for support, or

(b) the authority receive a request from the young carer or a parent
of the young carer to assess the young carer’s needs for support.

(2) An assessment under subsection (1) is referred to in this Part as a
“young carer’s needs assessment”.

(3) 25In this Part “young carer” means a person under 18 who provides or
intends to provide care for another person (but this is qualified by
section 17ZB(3)).

(4) Subsection (1) does not apply in relation to a young carer if the local
authority have previously carried out a care-related assessment of the
30young carer in relation to the same person cared for.

(5) But subsection (1) does apply (and so a young carer’s needs assessment
must be carried out) if it appears to the authority that the needs or
circumstances of the young carer or the person cared for have changed
since the last care-related assessment.

(6) 35“Care-related assessment” means—

(a) a young carer’s needs assessment;

(b) an assessment under any of the following—

(i) section 1 of the Carers (Recognition and Services) Act
1995;

(ii) 40section 1 of the Carers and Disabled Children Act 2000;

(iii) section 4(3) of the Community Care (Delayed
Discharges) Act 2003.

(7) A young carer’s needs assessment must include an assessment of
whether it is appropriate for the young carer to provide, or continue to

provide, care for the person in question, in the light of the young carer’s
needs for support, other needs and wishes.

(8) A local authority, in carrying out a young carer’s needs assessment,
must have regard to—

(a) 5the extent to which the young carer is participating in or wishes
to participate in education, training or recreation, and

(b) the extent to which the young carer works or wishes to work.

(9) A local authority, in carrying out a young carer’s needs assessment,
must involve—

(a) 10the young carer,

(b) the young carer’s parents, and

(c) any person who the young carer or a parent of the young carer
requests the authority to involve.

(10) A local authority that have carried out a young carer’s needs
15assessment must give a written record of the assessment to—

(a) the young carer,

(b) the young carer’s parents, and

(c) any person to whom the young carer or a parent of the young
carer requests the authority to give a copy.

(11) 20Where the person cared for is under 18, the written record must state
whether the local authority consider him or her to be a child in need.

(12) A local authority in England must take reasonable steps to identify the
extent to which there are young carers within their area who have
needs for support.

17ZB 25Young carers’ needs assessments: supplementary

(1) This section applies for the purposes of section 17ZA.

(2) “Parent”, in relation to a young carer, includes—

(a) a parent of the young carer who does not have parental
responsibility for the young carer, and

(b) 30a person who is not a parent of the young carer but who has
parental responsibility for the young carer.

(3) A person is not a young carer if the person provides or intends to
provide care—

(a) under or by virtue of a contract, or

(b) 35as voluntary work.

(4) But in a case where the local authority consider that the relationship
between the person cared for and the person under 18 providing or
intending to provide care is such that it would be appropriate for the
person under 18 to be regarded as a young carer, that person is to be
40regarded as such (and subsection (3) is therefore to be ignored in that
case).

(5) The references in section 17ZA and this section to providing care
include a reference to providing practical or emotional support.

(6) Where a local authority—

(a) 45are required to carry out a young carer’s needs assessment, and

(b) are required or have decided to carry out some other
assessment of the young carer or of the person cared for;

the local authority may, subject to subsection (7), combine the
assessments.

(7) 5A young carer’s needs assessment may be combined with an
assessment of the person cared for only if the young carer and the
person cared for agree.

(8) The Secretary of State may by regulations make further provision about
carrying out a young carer’s needs assessment; the regulations may, in
10particular—

(a) specify matters to which a local authority is to have regard in
carrying out a young carer’s needs assessment;

(b) specify matters which a local authority is to determine in
carrying out a young carer’s needs assessment;

(c) 15make provision about the manner in which a young carer’s
needs assessment is to be carried out;

(d) make provision about the form a young carer’s needs
assessment is to take.

(9) The Secretary of State may by regulations amend the list in section
2017ZA(6)(b) so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

17ZC Consideration of young carers’ needs assessments

25A local authority that carry out a young carer’s needs assessment must
consider the assessment and decide—

(a) whether the young carer has needs for support in relation to the
care which he or she provides or intends to provide;

(b) if so, whether those needs could be satisfied (wholly or partly)
30by services which the authority may provide under section 17;
and

(c) if they could be so satisfied, whether or not to provide any such
services in relation to the young carer.”

(2) In section 104 of the Children Act 1989 (regulations and orders)—

(a) 35in subsections (2) and (3A) (regulations within subsection (3B) or (3C)
not subject to annulment but to be approved in draft) before “(3B)”
insert “(3AA),”, and

(b) after subsection (3A) insert—

“(3AA) Regulations fall within this subsection if they are regulations
40made in the exercise of the power conferred by section 17ZB(9).”

90 Promotion of educational achievement of children looked after by local
authorities

In the Children Act 1989, in section 22 after subsection (3A) (duty of local
authorities to promote the educational achievement of looked after children)

insert—

“(3B) A local authority in England must appoint at least one person for the
purpose of discharging the duty imposed by virtue of subsection (3A).

(3C) A person appointed by a local authority under subsection (3B) must be
5an officer employed by that authority or another local authority in
England.”

91 Duty to support pupils with medical conditions

(1) The appropriate authority for a school to which this section applies must make
arrangements for supporting pupils at the school with medical conditions.

(2) 10In meeting the duty in subsection (1) the appropriate authority must have
regard to guidance issued by the Secretary of State.

(3) The duty in subsection (1) does not apply in relation to a pupil who is a young
child for the purposes of Part 3 of the Childcare Act 2006 (regulation of
provision of childcare in England).

(4) 15This section applies to the following schools in England—

(a) a maintained school;

(b) an Academy school;

(c) an alternative provision Academy;

(d) a pupil referral unit.

(5) 20In this section—

• “the appropriate authority for a school” means—

  (a)

  in the case of a maintained school, the governing body,

  (b)

  in the case of an Academy, the proprietor, and

  (c)

  in the case of a pupil referral unit, the management committee;

• 25“maintained school” means—

  (a)

  a community, foundation or voluntary school, within the
  meaning of the School Standards and Framework Act 1998, or

  (b)

  a community or foundation special school, within the meaning
  of that Act.

(6) 30The Education Act 1996 and this section are to be read as if this section were
included in that Act.

92 Local authority functions relating to children etc: intervention

(1) Section 497A of the Education Act 1996 (which confers power on the Secretary
of State to secure the proper performance of local authority education
35functions, and is applied to social services functions relating to children by
section 50 of the Children Act 2004 and to functions relating to childcare by
section 15 of the Childcare Act 2006) is amended in accordance with subsection
(2).

(2) After subsection (4A) insert—

“(4AA) 40So far as is appropriate in consequence of a direction given under
subsection (4A), a reference (however expressed) in an enactment,
instrument or other document to a local authority is to be read as a
reference to the person by whom the function is exercisable.

(4AB) Subsection (4AC) applies if a direction given under subsection (4A)
expires or is revoked without being replaced.

(4AC) So far as is appropriate in consequence of the expiry or revocation, a
reference (however expressed) in an instrument or other document to
5the person by whom the function was exercisable is to be read as a
reference to the local authority to which the direction was given.”

(3) In section 15 of the Local Government Act 1999 (Secretary of State’s power to
secure compliance with requirements of Part 1 of that Act) after subsection (6)
insert—

“(6A) 10So far as is appropriate in consequence of a direction given under
subsection (6)(a), a reference (however expressed) in an enactment,
instrument or other document to a best value authority is to be read as
a reference to the person by whom the function is exercisable.

(6B) Subsection (6C) applies if a direction given under subsection (6)(a)
15expires or is revoked without being replaced.

(6C) So far as is appropriate in consequence of the expiry or revocation, a
reference (however expressed) in an instrument or other document to
the person by whom the function was exercisable is to be read as a
reference to the best value authority to which the direction was given.”

93 20Application of suspension etc powers to establishments and agencies in
England

(1) In section 14A of the Care Standards Act 2000 (power of Welsh Ministers to
suspend registration of person in respect of establishment or agency), in
subsection (1)—

(a) 25for “Welsh Ministers” substitute “registration authority”, and

(b) omit “for which the Welsh Ministers are the registration authority”.

(2) In subsection (2) of that section, for “Welsh Ministers give” substitute
“registration authority gives”.

(3) In section 15(4A) of that Act (duty of Welsh Ministers to give notice of decision
30to grant application for cancellation or variation of suspension)—

(a) for “Welsh Ministers decide” substitute “registration authority
decides”,

(b) for “they” substitute “it”, and

(c) for “their” substitute “its”.

(4) 35In section 20B of that Act (urgent procedure for suspension or variation etc:
Wales), in the heading omit “: Wales”.

(5) In subsection (1) of that section—

(a) in paragraph (a) omit “for which the Welsh Ministers are the
registration authority”, and

(b) 40in paragraph (b)—

(i) for “Welsh Ministers have” substitute “registration authority
has”, and

(ii) for “they act” substitute “it acts”.

(6) In subsection (2) of that section, for “Welsh Ministers” in both places substitute
45“registration authority”.

(7) In subsection (4)(b) of that section, for “Welsh Ministers’” substitute
“registration authority’s”.

94 Objectives and standards for establishments and agencies in England

(1) In section 22 of the Care Standards Act 2000 (regulation of establishments and
5agencies), in subsection (1), for the words from “may in particular” to the end
substitute “—

(a) regulations made by the Secretary of State may in particular
make any provision such as is mentioned in subsection (1A), (2),
(7) or (8), and

(b) 10regulations made by the Welsh Ministers may in particular
make any provision such as is mentioned in subsection (2), (7)
or (8).”

(2) In that section, after subsection (1) insert—

“(1A) Regulations made by the Secretary of State may prescribe objectives
15and standards which must be met in relation to an establishment or
agency for which the CIECSS is the registration authority.”

95 National minimum standards for establishments and agencies in England

In section 23 of the Care Standards Act 2000 (national minimum standards),
after subsection (1) insert—

“(1A) 20The standards applicable to an establishment or agency for which the
CIECSS is the registration authority may, in particular, explain or
supplement requirements imposed in relation to that establishment or
agency by regulations under section 22.”

96 Disqualification from carrying on, or being employed in, a children’s home

(1) 25Section 65 of the Children Act 1989 (person disqualified from fostering a child
privately to be disqualified from carrying on etc children’s home) is amended
as follows.

(2) Before subsection (1) insert—

“(A1) A person (“P”) who is disqualified (under section 68) from fostering a
30child privately must not carry on, or be otherwise concerned in the
management of, or have any financial interest in, a children’s home in
England unless—

(a) P has, within the period of 28 days beginning with the day on
which P became aware of P’s disqualification, disclosed to the
35appropriate authority the fact that P is so disqualified, and

(b) P has obtained the appropriate authority’s written consent.

(A2) A person (“E”) must not employ a person (“P”) who is so disqualified
in a children’s home in England unless—

(a) E has, within the period of 28 days beginning with the day on
40which E became aware of P’s disqualification, disclosed to the
appropriate authority the fact that P is so disqualified, and

(b) E has obtained the appropriate authority’s written consent.”

(3) In subsection (1), after “children’s home” insert “in Wales”.