Education and Adoption Bill (HL Bill 84)

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(2) A provision of an old Academy agreement that relates to the procedure
for terminating the agreement does not apply to the new termination
powers.

(3) Subsections (4) and (5) apply where an old Academy agreement—

(a) 5contains provision about the consequences of terminating the
agreement (“relevant provision”), and

(b) the relevant provision is expressed in a way that is capable of
covering termination in accordance with the new termination
powers.

(4) 10The relevant provision applies to termination in accordance with the
new termination powers.

(5) If the relevant provision sets out different consequences depending on
whether the agreement is terminated on the ground that the proprietor
has breached the Agreement or on other grounds, termination in
15accordance with the new termination powers is to be treated as
termination on the grounds of breach by the proprietor.

(6) In this section—

  • “new termination powers”, in relation to an Academy agreement,
    means the powers to terminate in accordance with the provision
    20required by sections 2A and 2B;

  • “old Academy agreement” means an Academy agreement made
    before the day on which section 1A of the Education and
    Adoption Act 2015 comes into force.”

Adoption

15 25Local authority adoption functions: joint arrangements

(1) The Adoption and Children Act 2002 is amended as follows.

(2) After section 3 insert—

3ZA England - joint arrangements etc

(1) The Secretary of State may give directions requiring one or more local
30authorities in England to make arrangements for all or any of their
functions within subsection (3) to be carried out on their behalf by—

(a) one of those authorities, or

(b) one or more other adoption agencies.

(2) A direction under subsection (1) may, in particular—

(a) 35specify who is to carry out the functions, or

(b) require the local authority or authorities to determine who is to
carry out the functions.

(3) The functions mentioned in subsection (1) are functions in relation to—

(a) the recruitment of persons as prospective adopters;

(b) 40the assessment of prospective adopters’ suitability to adopt a
child;

(c) the approval of prospective adopters as suitable to adopt a
child;

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(d) decisions as to whether a particular child should be placed for
adoption with a particular prospective adopter;

(e) the provision of adoption support services.

(4) The Secretary of State may give a direction requiring a local authority
5in England to terminate arrangements made in accordance with a
direction under subsection (1).

(5) A direction under this section may make different provision for
different purposes.

(6) The Secretary of State may by regulations amend subsection (3).”

(3) 10Omit section 3A as inserted by the Children and Families Act 2014.

(4) In section 140(3) (subordinate legislation subject to affirmative procedure), for
paragraph (za) substitute—

(za) under section 3ZA(6),”.

General

16 15Consequential repeals

In consequence of the amendments made by this Act, omit the following—

(a) paragraphs 6(2) and (3) and 11 of Schedule 13 to the Apprenticeships,
Skills, Children and Learning Act 2009;

(b) sections 44(3) and 56 of the Education Act 2011;

(c) 20section 4 of the Children and Families Act 2014.

17 Transitional, saving and consequential provision

(1) The Secretary of State may by regulations make transitional or saving
provision in connection with the coming into force of any provision of this Act.

(2) The Secretary of State may by regulations, make provision that is consequential
25on any provision of this Act.

(3) Regulations under subsection (2) may amend, repeal or revoke any provision
made by or under an Act passed or made before this Act or in the same Session.

(4) Regulations under this section are to be made by statutory instrument.

(5) A statutory instrument containing regulations under subsection (2) that amend
30or repeal provision made by an Act may not be made unless a draft of the
statutory instrument has been laid before and approved by a resolution of each
House of Parliament.

(6) Any other statutory instrument containing regulations under subsection (2) is
subject to annulment in pursuance of a resolution of either House of
35Parliament.

18 Extent

This Act extends to England and Wales only.

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19 Commencement

(1) Sections 17 and 18, this section and section 20 come into force on the day on
which this Act is passed.

(2) The other provisions of this Act come into force on such day as the Secretary of
5State may by regulations made by statutory instrument appoint.

(3) Different days may be appointed for different purposes.

20 Short title

This Act may be cited as the Education and Adoption Act 2015.