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Children and Social Work Bill [HL] |
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[The page and line references are to Bill 99, the Bill as first printed for the Commons.] |
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1 | Page 5, line 35, leave out from beginning to end of line 4 on page 6 and insert— |
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| (a) | a child who was looked after by the local |
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| authority or another local authority in |
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| England or Wales but ceased to be so looked |
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| (i) | a child arrangements order which |
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| includes arrangements relating to |
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| with whom the child is to live, or |
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| when the child is to live with any |
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| (ii) | a special guardianship order, or |
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| (iii) | an adoption order within the |
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| meaning given by section 72(1) of the |
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| Adoption Act 1976 or section 46(1) of |
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| the Adoption and Children Act 2002, |
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| (b) | a child who appears to the local authority— |
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| (i) | to have been in state care in a place |
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| outside England and Wales because |
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| he or she would not otherwise have |
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| been cared for adequately, and |
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| (ii) | to have ceased to be in that state care |
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| as a result of being adopted.” |
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2 | Page 6, line 13, at end insert— |
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| “(8) | For the purposes of this section a child is in “state care” if he or she |
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| is in the care of, or accommodated by— |
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| (b) | a religious organisation, or |
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| (c) | any other organisation the sole or main purpose of which is |
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3 | Page 6, leave out lines 24 to 36 and insert— |
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| “(2) | A registered pupil is within this subsection if the pupil— |
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| (a) | was looked after by a local authority but ceased to be looked |
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| after by them as a result of— |
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| (i) | a child arrangements order (within the meaning |
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| given by section 8(1) of the 1989 Act) which includes |
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| arrangements relating to with whom the child is to |
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| live, or when the child is to live with any person, |
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| (ii) | a special guardianship order (within the meaning |
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| given by section 14A(1) of the 1989 Act), or |
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| (iii) | an adoption order (within the meaning given by |
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| section 72(1) of the Adoption Act 1976 or section |
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| 46(1) of the Adoption and Children Act 2002), or |
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| (b) | appears to the governing body— |
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| (i) | to have been in state care in a place outside England |
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| and Wales because he or she would not otherwise |
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| have been cared for adequately, and |
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| (ii) | to have ceased to be in that state care as a result of |
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4 | Page 6, line 43, leave out from “is” to end of line 45 and insert ““looked after by a |
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| local authority” if the person is looked after by a local authority for the purposes |
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| of the 1989 Act or Part 6 of the 2014 Act.” |
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5 | Page 6, line 45, at end insert— |
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| “(5A) | For the purposes of this section a person is in “state care” if he or she |
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| is in the care of, or accommodated by— |
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| (b) | a religious organisation, or |
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| (c) | any other organisation the sole or main purpose of which is |
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6 | Page 7, line 46, at end insert “or |
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| “(c) | appears to the proprietor of the Academy— |
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| (i) | to have been in state care in a place outside England |
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| and Wales because he or she would not otherwise |
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| have been cared for adequately, and |
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| (ii) | to have ceased to be in that state care as a result of |
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7 | Page 8, line 11, leave out from “is” to end of line 13 and insert ““looked after by a |
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| local authority” if the person is looked after by a local authority for the purposes |
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| of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act |
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8 | Page 8, line 13, at end insert— |
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| “(5A) | For the purposes of this section a person is in “state care” if he or she |
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| is in the care of, or accommodated by— |
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| (b) | a religious organisation, or |
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| (c) | any other organisation the sole or main purpose of which is |
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9 | Insert the following new Clause— |
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| “Placing children in secure accommodation elsewhere in Great Britain |
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| | Schedule (Placing children in secure accommodation elsewhere in Great Britain) |
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| contains amendments relating to— |
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| (a) | the placement by local authorities in England and Wales of children |
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| in secure accommodation in Scotland, and |
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| (b) | the placement by local authorities in Scotland of children in secure |
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| accommodation in England and Wales.” |
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10 | Transpose Clause 11 to after Clause 31. |
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11 | Transpose Clause 32 to after Clause 30 |
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12 | Insert the following new Clause— |
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| “Education relating to relationships and sex |
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| (1) | The Secretary of State must by regulations make provision requiring— |
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| (a) | relationships education to be provided to pupils of compulsory |
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| school age receiving primary education at schools in England; |
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| (b) | relationships and sex education to be provided (instead of sex |
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| education) to pupils receiving secondary education at schools in |
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| (2) | The regulations must include provision— |
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| (a) | requiring the Secretary of State to give guidance to proprietors of |
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| schools in relation to the provision of the education and to review |
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| the guidance from time to time; |
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| (b) | requiring proprietors of schools to have regard to the guidance; |
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| (c) | requiring proprietors of schools to make statements of policy in |
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| relation to the education to be provided, and to make the statements |
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| available to parents or other persons; |
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| (d) | about the circumstances in which a pupil (or a pupil below a |
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| specified age) is to be excused from receiving relationships and sex |
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| education or specified elements of that education. |
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| (3) | The regulations must provide that guidance given by virtue of subsection |
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| (2)(a) is to be given with a view to ensuring that when relationships |
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| education or relationships and sex education is given— |
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| (a) | the pupils learn about— |
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| (i) | safety in forming and maintaining relationships, |
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| (ii) | the characteristics of healthy relationships, and |
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| (iii) | how relationships may affect physical and mental health |
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| (b) | the education is appropriate having regard to the age and the |
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| religious background of the pupils. |
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| (4) | The regulations may make further provision in connection with the |
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| provision of relationships education, or relationships and sex education. |
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| (5) | Before making the regulations, the Secretary of State must consult such |
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| persons as the Secretary of State considers appropriate. |
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| (6) | The regulations may amend any provision (including provision conferring |
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| powers) that is made by or under— |
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| (a) | section 342 of the Education Act 1996; |
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| (b) | Chapter 4 of Part 5 of the Education Act 1996; |
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| (c) | Schedule 1 to the Education Act 1996; |
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| (d) | Part 6 of the Education Act 2002; |
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| (e) | Chapter 1 of Part 4 of the Education and Skills Act 2008; |
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| (f) | the Academies Act 2010. |
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| (7) | Any duty to make provision by regulations under subsection (1) may be |
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| discharged by making that provision by regulations under another Act, so |
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| long as the Secretary of State consults such persons as the Secretary of State |
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| considers appropriate before making the regulations under that Act. |
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| (8) | The provision that may be made by regulations under subsection (1) by |
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| virtue of section 70 includes, in particular, provision amending, repealing |
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| or revoking any provision made by or under any Act or any other |
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| instrument or document (whenever passed or made). |
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| (9) | Regulations under subsection (1) which amend provision made by or |
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| under an Act are subject to the affirmative resolution procedure. |
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| (10) | Other regulations under subsection (1) are subject to the negative |
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| (11) | Expressions used in this section, where listed in the left-hand column of the |
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| table in section 580 of the Education Act 1996, are to be interpreted in |
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| accordance with the provisions of that Act listed in the right-hand column |
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| in relation to those expressions.” |
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13 | Insert the following new Clause— |
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| “Other personal, social, health and economic education |
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| (1) | The Secretary of State may by regulations make provision requiring |
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| personal, social, health and economic education (beyond that required by |
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| virtue of section [Education relating to relationships and sex]) to be provided— |
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| (a) | to pupils of compulsory school age receiving primary education at |
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| (b) | to pupils receiving secondary education at schools in England. |
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| (2) | The regulations may include— |
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| (a) | provision requiring the Secretary of State to give guidance to |
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| proprietors of schools in relation to the provision of the education; |
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| (b) | provision requiring proprietors of schools to have regard to that |
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| (c) | provision requiring proprietors of schools to make statements of |
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| policy in relation to the education to be provided, and to make the |
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| statements available to parents or other persons; |
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| (d) | further provision in connection with the provision of the education. |
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| (3) | Before making the regulations, the Secretary of State must consult such |
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| persons as the Secretary of State considers appropriate. |
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| (4) | The regulations may amend any provision (including provision conferring |
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| powers) that is made by or under— |
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| (a) | section 342 of the Education Act 1996; |
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| (b) | Chapter 4 of Part 5 of the Education Act 1996; |
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| (c) | Schedule 1 to the Education Act 1996; |
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| (d) | Part 6 of the Education Act 2002; |
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| (e) | Chapter 1 of Part 4 of the Education and Skills Act 2008; |
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| (f) | the Academies Act 2010. |
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| (5) | The provision that may be made by regulations under subsection (1) by |
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| virtue of section 70 includes, in particular, provision amending, repealing |
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| or revoking any provision made by or under any Act or any other |
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| instrument or document (whenever passed or made). |
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| (6) | Regulations under subsection (1) which amend provision made by or |
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| under an Act are subject to the affirmative resolution procedure. |
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| (7) | Other regulations under subsection (1) are subject to the negative |
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| (8) | Expressions used in this section, where listed in the left-hand column of the |
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| table in section 580 of the Education Act 1996, are to be interpreted in |
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| accordance with the provisions of that Act listed in the right-hand column |
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| in relation to those expressions. |
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| (9) | A power to make provision under this section does not limit any power to |
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| make provision of the same kind under another Act.” |
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14 | Insert the following new Clause— |
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| (1) | The Secretary of State may— |
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| (a) | determine and publish improvement standards for social workers |
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| (b) | carry out assessments of whether people meet improvement |
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| standards under paragraph (a). |
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| (2) | The Secretary of State may make arrangements for another person to do |
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| any or all of those things (and may make payments to that person). |
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| (3) | The Secretary of State must consult such persons as the Secretary of State |
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| considers appropriate before determining a standard under subsection |
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| (4) | In this section “improvement standard” means a professional standard the |
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| attainment of which demonstrates particular expertise or specialisation. |
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| (5) | Nothing in this section limits anything in section 38.” |
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15 | Insert the following new Clause— |
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| “Ensuring adequate provision of social work training |
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| (1) | The Secretary of State may take such steps as the Secretary of State |
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| (a) | to ensure that adequate provision is made for social work training, |
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| (b) | to encourage individuals resident in England to undertake social |
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| (2) | The power under subsection (1) may, in particular, be used to provide |
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| financial or other assistance (subject to any conditions the Secretary of State |
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| (a) | for individuals resident in England to undertake social work |
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| (b) | for organisations providing social work training. |
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| (3) | Functions of the Secretary of State under this section may be exercised by |
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| any person, or by employees of any person, authorised to do so by the |
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| (4) | For the purpose of determining— |
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| (a) | the terms and effect of an authorisation under subsection (3), and |
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| (b) | the effect of so much of any contract made between the Secretary of |
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| State and the authorised person as relates to the exercise of the |
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| | Part 2 of the Deregulation and Contracting Out Act 1994 has effect as if the |
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| authorisation were given by virtue of an order under section 69 of that Act; |
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| and in subsection (3) “employee” has the same meaning as in that Part. |
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| (5) | In this section “social work training” means education or training that is |
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| suitable for people who are or wish to become social workers in England.” |
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16 | Insert the following new Clause— |
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| “Exercise by Special Health Authority of functions under section (Ensuring |
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| adequate provision of social work training) |
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| (1) | The Secretary of State may direct a Special Health Authority to exercise |
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| functions under section (Ensuring adequate provision of social workers)(1)(b) |
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| so far as relating to the provision of financial or other assistance. |
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| (2) | The National Health Service Act 2006 has effect as if— |
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| (a) | any direction under subsection (1) were a direction under section 7 |
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| (b) | any functions exercisable by the Special Health Authority by virtue |
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| of a direction under subsection (1) were exercisable under that |
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| (3) | Directions under subsection (1)— |
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| (a) | must be given by an instrument in writing, and |
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| (b) | may be varied or revoked by subsequent directions.” |
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17 | Page 31, line 10, leave out “after subsection (2ZE) insert” and insert “for subsection |
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18 | Page 31, line 17, at end insert— |
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| “( ) | in subsection (2A)(c), for “that section” substitute “section |
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19 | Page 31, line 19, at end insert— |
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| “( ) | In Schedule 3 (regulation of health care and associated |
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| (a) | in paragraph 10, for the definitions of “social care work in |
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| England”, “social care workers in England” and “the social |
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| work profession in England” substitute— |
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| ““social care work in England” and “social care |
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| workers in England” have the meaning given by |
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| (b) | in paragraph 11(2A)(b), for “members of the social work |
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| profession in England” substitute “engaging in social work |
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20 | Insert the following new Clause— |
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| “Amendments to do with this Part |
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| Schedule (Amendments to do with Part 2) contains further minor and |
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| consequential amendments relating to this Part.” |
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21 | Page 31, line 44, after “England” insert “(but see subsection (2)); |
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| (2) | A person who is a member of a profession to which section 60(2) of |
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| the Health Act 1999 applies is not to be treated as a social worker in |
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| England by reason only of carrying out work as an approved |
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| mental health professional.” |
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22 | Page 33, line 12, at end insert— |
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| “(A1) | Section (Placing children in secure accommodation elsewhere in Great |
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| Britain) and paragraphs 2, 4, 5 and 14 of Schedule (Placing children |
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| in secure accommodation elsewhere in Great Britain) extend to England |
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23 | Page 33, line 13, leave out subsection (1). |
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24 | Page 33, line 14, at beginning insert “Except as mentioned in subsection (A1),” |
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