(4) In subsection (2), after “children’s home” insert “in Wales”.

(5) In subsection (4), after “subsection” insert “(A1), (A2),”.

(6) In subsection (5) after “subsection” insert “(A2) or”.

97 Provision of free school lunches

(1) 5The Education Act 1996 is amended as follows.

(2) In section 512ZB (provision of free school lunches and milk at maintained
schools)—

(a) in subsection (2)(a) after “subsection (4)” insert “or (4A) (or both)”,

(b) after subsection (4) insert—

“(4A) 10A person is within this subsection if the person—

(a) is a registered pupil at a maintained school or pupil
referral unit in England, and

(b) is in reception, year 1, year 2 or any other prescribed
year group at the school.

(4B) 15The Secretary of State may by order provide for the following to
be treated as persons within subsection (4A)—

(a) registered pupils, or any description of registered
pupils, at a maintained nursery school in England;

(b) children, or any description of children, who receive
20relevant funded early years education, or any
description of such education, in England.

(4C) In subsection (4A)—

• “maintained school” means—

  (a)

  a community, foundation or voluntary school, or

  (b)

  25a community or foundation special school;

• “reception” means a year group in which the majority of
  children will, in the school year, attain the age of 5;

• “year 1” means a year group in which the majority of
  children will, in the school year, attain the age of 6;

• 30“year 2” means a year group in which the majority of
  children will, in the school year, attain the age of 7;

• “year group” means a group of children at a school the
  majority of whom will, in a particular school year, attain
  the same age.”, and

(c) 35in subsection (5), after ““prescribed”” insert “, “relevant funded early
years education””.

(3) After section 512A insert—

“512B Provision of school lunches: Academies

(1) Academy arrangements in relation to an Academy school or an
40alternative provision Academy must include provision imposing
obligations on the proprietor that are equivalent to the school lunches
obligations.

(2) “The school lunches obligations” are the obligations imposed in
relation to maintained schools and pupil referral units in England by—

(a) section 512(3) (provision of school lunches on request), and

(b) section 512ZB(1) (provision of free school lunches to eligible
persons).

(3) Academy arrangements in relation to an Academy (other than a 16 to
519 Academy) that are entered into before the date on which section
97(3) of the Children and Families Act 2014 comes into force are to be
treated as if they included the provision required by subsection (1), to
the extent that they do not otherwise include such provision.”

Part 6 10The Children’s Commissioner

98 Primary function of the Children’s Commissioner

For section 2 of the Children Act 2004 (general function of the Children’s
Commissioner) substitute—

“2 Primary function: children’s rights, views and interests

(1) 15The Children’s Commissioner’s primary function is promoting and
protecting the rights of children in England.

(2) The primary function includes promoting awareness of the views and
interests of children in England.

(3) In the discharge of the primary function the Children’s Commissioner
20may, in particular—

(a) advise persons exercising functions or engaged in activities
affecting children on how to act compatibly with the rights of
children;

(b) encourage such persons to take account of the views and
25interests of children;

(c) advise the Secretary of State on the rights, views and interests of
children;

(d) consider the potential effect on the rights of children of
government policy proposals and government proposals for
30legislation;

(e) bring any matter to the attention of either House of Parliament;

(f) investigate the availability and effectiveness of complaints
procedures so far as relating to children;

(g) investigate the availability and effectiveness of advocacy
35services for children;

(h) investigate any other matter relating to the rights or interests of
children;

(i) monitor the implementation in England of the United Nations
Convention on the Rights of the Child;

(j) 40publish a report on any matter considered or investigated under
this section.

(4) In the discharge of the primary function, the Children’s Commissioner
must have particular regard to the rights of children who are within
section 8A (children living away from home or receiving social care)

and other groups of children who the Commissioner considers to be at
particular risk of having their rights infringed.

(5) The Children’s Commissioner may not conduct an investigation of the
case of an individual child in the discharge of the primary function.

2A 5United Nations Convention on the Rights of the Child

(1) The Children’s Commissioner must, in particular, have regard to the
United Nations Convention on the Rights of the Child in considering
for the purposes of the primary function what constitute the rights and
interests of children (generally or so far as relating to a particular
10matter).

(2) The references in section 2(3)(i) and this section to the United Nations
Convention on the Rights of the Child are to the Convention on the
Rights of the Child adopted by the General Assembly of the United
Nations on 20th November 1989 (including any Protocols to that
15Convention which are in force in relation to the United Kingdom),
subject to any reservations, objections or interpretative declarations by
the United Kingdom for the time being in force.

2B Involving children in the discharge of the primary function

(1) The Children’s Commissioner must take reasonable steps to involve
20children in the discharge of the primary function.

(2) The Commissioner must in particular take reasonable steps to—

(a) ensure that children are aware of the Commissioner’s primary
function and how they may communicate with him or her, and

(b) consult children, and organisations working with children, on
25the matters the Commissioner proposes to consider or
investigate in the discharge of the primary function.

(3) The Children’s Commissioner must for the purposes of this section
have particular regard to children who are within section 8A (children
living away from home or receiving social care) and other groups of
30children who the Commissioner considers do not have adequate means
by which they can make their views known.

2C Primary function: reports

(1) This section applies where the Children’s Commissioner publishes a
report in the discharge of the primary function.

(2) 35The Commissioner must, if and to the extent he or she considers it
appropriate, also publish the report in a version which is suitable for
children (or, if the report relates to a particular group of children, for
those children).

(3) Where the report contains recommendations about the exercise by a
40person of functions of a public nature, the Commissioner may require
that person to state in writing, within such period as the Commissioner
may reasonably require, what action the person has taken or proposes
to take in response to the recommendations.”

99 Provision by Commissioner of advice and assistance to certain children

After section 2C of the Children Act 2004 (as inserted by section 98) insert—

“2D Provision of advice and assistance to certain children in England

(1) The Children’s Commissioner may provide advice and assistance to
5any child who is within section 8A (children living away from home or
receiving social care).

(2) The Children’s Commissioner may in particular under this section
make representations on behalf of a child who is within section 8A to a
person in England who is—

(a) 10providing the child with accommodation or services, or

(b) otherwise exercising functions in relation to the child.”

100 Commissioner’s powers to enter premises

After section 2D of the Children Act 2004 (as inserted by section 99) insert—

“2E Powers to enter premises to conduct interviews or observe standards

(1) 15This section applies for the purposes of the Children’s Commissioner’s
primary function and the function under section 2D.

(2) The Children’s Commissioner, or a person authorised by the
Commissioner, may at any reasonable time enter any premises, other
than a private dwelling—

(a) 20for the purpose of interviewing a child, or

(b) for the purpose of observing the standard of care provided to
children accommodated or otherwise cared for there.

(3) An interview of a child under subsection (2)(a) may be conducted in
private, if the child consents.

(4) 25A person who enters premises under subsection (1) may interview any
person present on the premises who works there.

(5) It is immaterial for the purposes of subsection (4) whether a person’s
work is paid, or under a contract of employment.”

101 Provision of information to Commissioner

30After section 2E of the Children Act 2004 (as inserted by section 100) insert—

“2F Provision of information to Commissioner

(1) Any person exercising functions of a public nature must supply the
Children’s Commissioner with such information in that person’s
possession relating to those functions as the Commissioner may
35reasonably request for the purposes of the primary function or the
function under section 2D.

(2) The information must be information which that person would, apart
from subsection (1), lawfully be able to disclose to the Commissioner.”

102 Advisory board

After section 7 of the Children Act 2004 insert—

“7A Advisory board

(1) The Children’s Commissioner must appoint an advisory board to
5provide the Commissioner with advice and assistance relating to the
discharge of his or her functions.

(2) The advisory board must consist of persons who (taken together)
represent a broad range of interests which are relevant to the Children’s
Commissioner’s functions.

(3) 10The Children’s Commissioner must from time to time publish a report
on the procedure followed and the criteria used when making
appointments to the advisory board.”

103 Business plans

After section 7A of the Children Act 2004 (as inserted by section 102) insert—

“7B 15Business plans

(1) The Children’s Commissioner must publish a business plan which sets
out, in relation to the discharge of the Commissioner’s functions—

(a) the Commissioner’s proposed main activities for the period
covered by the plan (including the matters he or she intends to
20consider or investigate), and

(b) the Commissioner’s proposed strategic priorities for that
period.

(2) A business plan must cover a period of at least 12 months beginning
with the date of publication.

(3) 25The Commissioner must publish a new business plan before the end of
the period covered by the preceding business plan.

(4) Before publishing a business plan under this section, the Children’s
Commissioner must—

(a) take reasonable steps to consult children,

(b) 30consult persons who (taken together) represent a broad range of
interests which are relevant to the Children’s Commissioner’s
functions, and

(c) consult such other persons as the Commissioner thinks
appropriate.

(5) 35The Children’s Commissioner must for the purposes of subsection
(4)(a) have particular regard to children who are within section 8A
(children living away from home or receiving social care) and other
groups of children who the Commissioner considers do not have
adequate means by which they can make their views known.”

104 40Annual reports

(1) Section 8 of the Children Act 2004 (annual reports) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) omit “under this Part, other than functions of holding
inquiries”,

(b) after paragraph (a) insert “and”, and

(c) omit paragraph (c) and the “and” which precedes it.

(3) 5In subsection (2) for the words from “an account” to the end substitute “—

(a) a summary of the Commissioner’s activities and an analysis of
the effectiveness of those activities in promoting and protecting
the rights of children,

(b) an account of what the Commissioner has done in the discharge
10of his or her functions in relation to children who are within
section 8A (children living away from home or receiving social
care),

(c) an account of the steps taken by the Commissioner to consult
children or otherwise involve them in the discharge of his or her
15functions, and

(d) a summary of how the Commissioner has taken into account the
results of any such consultation and anything else resulting
from involving children in the discharge of his or her
functions.”

(4) 20In subsection (3)(b) for “the Secretary of State” substitute “the Commissioner”.

(5) In subsection (4) for “the Secretary of State has laid” substitute “laying”.

(6) For subsection (5) substitute—

“(5) If the Children’s Commissioner does not consider a report made under
this section to be suitable for children, the Commissioner must publish
25a version of the report which is suitable for children.”

105 Children living away from home or receiving social care

After section 8 of the Children Act 2004 insert—

“8A Children in England living away from home or receiving social care

(1) For the purposes of this Part, a child is within this section if he or she is
30within any of subsections (2) to (5).

(2) A child is within this subsection if he or she is provided with
accommodation by a school or college in England to which section 87(1)
of the Children Act 1989 applies.

(3) A child is within this subsection if he or she is accommodated in an
35establishment (within the meaning of the Care Standards Act 2000) in
respect of which Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills is the registration authority under
section 5 of that Act.

(4) A child is within this subsection if functions are being exercised in
40relation to him or her by an agency (within the meaning of the Care
Standards Act 2000) in respect of which Her Majesty’s Chief Inspector
of Education, Children’s Services and Skills is the registration authority
under section 5 of that Act.

(5) A child is within this subsection if a local authority in England exercises
social services functions (within the meaning of the Local Authority
Social Services Act 1970) in relation to him or her.

(6) For the purposes of this Part, a person who is not a child is to be treated
5as a child who is within this section if—

(a) he or she is aged 18 or over and under 25, and

(b) a local authority in England has provided services to him or her
under any of sections 23C to 24D of the Children Act 1989 at any
time after he or she reached the age of 16.”

106 10Children’s Commissioner: minor and consequential amendments

Schedule 5 (minor and consequential amendments to Part 1 of the Children Act
2004 and to other Acts) has effect.

107 Repeal of requirement to appoint Children’s Rights Director

(1) Section 120 of the Education and Inspections Act 2006 (requirement to appoint
15Children’s Rights Director) is repealed.

(2) In that Act—

(a) in section 117 (performance of functions of the Office for Standards in
Education, Children’s Services and Skills), in subsection (2) after
paragraph (a) insert—

“(aa) 20any matters raised by the Children’s Commissioner
with the Office or the Chief Inspector;”, and

(b) in section 119 (performance of the functions of the Chief Inspector of
Education, Children’s Services and Skills), in subsection (3) after
paragraph (a) (and before the “and” which follows it) insert—

“(aa) 25any matters raised by the Children’s Commissioner
with the Chief Inspector;”.

(3) Schedule 6 (transfers of staff and property in consequence of the repeal of the
requirement to appoint a Children’s Rights Director) has effect.

Part 7 30Statutory rights to leave and pay

Shared parental leave

108 Shared parental leave

(1) In Part 8 of the Employment Rights Act 1996, after section 75D there is
inserted—

“Chapter 1B

Shared parental leave

75E 35Entitlement to shared parental leave: birth

(1) The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—

(a) as to duration of employment,

(b) as to being, or expecting to be, the mother of a child,

(c) as to caring or intending to care, with another person (“P”), for
the child,

(d) 5as to entitlement to maternity leave,

(e) as to the exercise of that entitlement and the extent of any such
exercise,

(f) as to giving notice of an intention to exercise an entitlement to
leave under this subsection, and

(g) 10as to the consent of P to the amount of leave under this
subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose
of caring for the child.

(2) Regulations under subsection (1) may provide that the employee’s
15entitlement is subject to the satisfaction by P of specified conditions—

(a) as to employment or self-employment,

(b) as to having earnings of a specified amount for a specified
period,

(c) as to caring or intending to care, with the employee, for the
20child, and

(d) as to relationship with the child or the employee.

(3) Provision under subsection (1)(f) may require the employee to give
notice to the employer about—

(a) the amount of leave to which the employee would be entitled if
25the entitlement were fully exercised (disregarding for these
purposes any intention of P to exercise an entitlement to leave
under subsection (4) or to statutory shared parental pay);

(b) how much of the entitlement to leave the employee intends to
exercise;

(c) 30the extent to which P intends to exercise an entitlement to leave
under subsection (4) or to statutory shared parental pay.

(4) The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—

(a) as to duration of employment,

(b) 35as to relationship with a child or expected child or with the
child’s mother,

(c) as to caring or intending to care, with the child’s mother, for the
child,

(d) as to giving notice of an intention to exercise an entitlement to
40leave under this subsection, and

(e) as to the consent of the child’s mother to the amount of leave
under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose
of caring for the child.

(5) 45Regulations under subsection (4) may provide that the employee’s
entitlement is subject to the satisfaction by the child’s mother of
specified conditions—

(a) as to employment or self-employment,

(b) as to having earnings of a specified amount for a specified
period,

(c) as to caring or intending to care, with the employee, for the
child,

(d) 5as to entitlement (or lack of entitlement) to maternity leave,
statutory maternity pay or maternity allowance, and

(e) as to the exercise of any such entitlement and the extent of any
such exercise.

(6) Provision under subsection (4)(d) may require the employee to give
10notice to the employer about—

(a) the amount of leave to which the employee would be entitled if
the entitlement were fully exercised (disregarding for these
purposes any intention of the child’s mother to exercise an
entitlement to leave under subsection (1) or to statutory shared
15parental pay);

(b) how much of the entitlement to leave the employee intends to
exercise;

(c) the extent to which the child’s mother intends to exercise an
entitlement to leave under subsection (1) or to statutory shared
20parental pay.

75F Entitlement to leave under section 75E: further provision

(1) Regulations under section 75E are to include provision for
determining—

(a) the amount of leave under section 75E(1) or (4) to which an
25employee is entitled in respect of a child;

(b) when leave under section 75E(1) or (4) may be taken.

(2) Provision under subsection (1)(a) is to secure that the amount of leave
to which an employee is entitled in respect of a child does not exceed—

(a) in a case where the child’s mother became entitled to maternity
30leave, the relevant amount of time reduced by—

(i) where her maternity leave ends without her ordinary or
additional maternity leave period having been curtailed
by virtue of section 71(3)(ba) or 73(3)(a), the amount of
maternity leave taken by the child’s mother, or

(ii) 35except where sub-paragraph (i) applies, the amount of
time between the beginning of her maternity leave and
the time when her ordinary or additional maternity
leave period, as curtailed by virtue of section 71(3)(ba)
or 73(3)(a), comes to an end;

(b) 40in a case where the child’s mother became entitled to statutory
maternity pay or maternity allowance but not maternity leave,
the relevant amount of time reduced by an amount determined
in accordance with paragraph (a) or, as the case may be,
paragraph (b) of section 171ZU(6) of the Social Security
45Contributions and Benefits Act 1992.

(3) In subsection (2) “the relevant amount of time” means an amount of
time specified in or determined in accordance with regulations under
section 75E.

(4) Provision under subsection (1)(a) is to secure that the amount of leave
that an employee is entitled to take in respect of a child takes into
account—

(a) in a case where another person is entitled to leave under section
575E in respect of the child, the amount of such leave taken by the
other person;

(b) in a case where another person is entitled to statutory shared
parental pay in respect of the child but not leave under section
75E, the number of weeks in respect of which such pay is
10payable to the other person.

(5) In reckoning for the purposes of subsection (2) the amount of maternity
leave taken, a part of a week is to be treated as a full week.

(6) In reckoning for the purposes of subsection (4) the amount of leave
under section 75E taken during a period of such leave, a part of a week
15is to be treated as a full week.

(7) Provision under subsection (1)(b) is to secure that leave under section
75E must be taken before the end of such period as may be specified by
the regulations.

(8) Regulations under section 75E are to provide for the taking of leave
20under section 75E in a single period or in non-consecutive periods.

(9) Regulations under section 75E may—

(a) provide for an employer, subject to such restrictions as may be
specified, to require an employee who proposes to take non-
consecutive periods of leave under section 75E to take that
25amount of leave as a single period of leave;

(b) provide for a single period of leave that is so imposed on an
employee to start with a day proposed by the employee or, if no
day is proposed, with the first day of the first period of leave
proposed by the employee.

(10) 30Regulations under section 75E may provide for the variation, subject to
such restrictions as may be specified, of—

(a) the period or periods during which an amount of leave under
section 75E may be taken;

(b) the amount of leave under section 75E that the employee
35previously specified in accordance with provision under
section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section.

(11) Provision under subsection (10)(a) may provide for variation to be
subject to the consent of an employer in circumstances specified by the
regulations.

(12) 40Provision under subsection (10)(b) may require an employee to satisfy
specified conditions—

(a) as to giving notice of an intention to vary the amount of leave
under section 75E to be taken by the employee;

(b) if the employee proposes to vary the amount of leave under
45section 75E(1) to be taken by the employee, as to the consent of
P to that variation;