NOTICES OF AMENDMENTS
given up to and including
Thursday 26th October 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
CHILDREN (LEAVING CARE) BILL [LORDS], AS AMENDED
Mr Philip Hammond
Mrs Caroline Spelman
11
Page 2, line 16 [Clause 1], at end insert—
'( ) The Secretary of State may by regulations specify persons or classes of person who are and persons or classes of person who are not suitable to act as personal advisers under the provisions of sections 19C, 23B(2), 23C(3) an 23D(1).'.
Mr Philip Hammond
Mrs Caroline Spelman
1
Page 4, line 30 [Clause 2], at end insert—
'(1A) Any person aged eighteen or over who makes a valid election not to be treated as a former relevant child shall not, so long as such an election is in force, be a former relevant child for the purposes of this section.
(1B) The Secretary of State may by regulations make provision as to the procedure for the making and withdrawal of elections under subsection 1.
(1C) In respect of a person in respect of whom a valid election is in force, a local authority shall not discharge any of the duties in subsections (2) and (3) of section 23C.
(1D) Subject to subsection (1C), a local authority may in respect of any person in respect of whom a valid election is in force offer services or assistance of a type required or permitted to be provided under this Act to former relevant children, but shall be under no duty to do so.'.
Mr Philip Hammond
Mrs Caroline Spelman
2
Page 5, line 2 [Clause 2], at end insert—
'( ) The assistance given under subsection (4)(a) and (b) may be subject to such conditions regarding adherence by the former relevant child to his pathway plan as the local authority shall reasonably determine.'.
Mr Secretary Milburn
13
*Page 6, line 25 [Clause 4], leave out 'registered' and insert 'private'.
Mr Secretary Milburn
14
*Page 6, line 31 [Clause 4], leave out from 'any' to second 'or' in line 32 and insert 'care home or independent hospital'.
Mr Simon Thomas
Mr Elfyn Llwyd
Mr Dafydd Wigley
Mr Ieuan Wyn Jones
12
*Page 7, line 35 [Clause 4], leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mrs Caroline Spelman
3
Page 7, line 39 [Clause 4], at end insert 'in accordance with his pathway plan'.
Mr Philip Hammond
Mrs Caroline Spelman
4
Page 7, line 44 [Clause 4], after 'training', insert 'in accordance with his pathway plan'.
Mr Philip Hammond
Mrs Caroline Spelman
5
Page 7, line 46 [Clause 4], at end insert 'in accordance with his pathway plan'.
Mr Secretary Milburn
15
*Page 8, line 11 [Clause 4], after 'full-time' insert 'further or'.
Mr Secretary Milburn
16
*Page 8, line 12 [Clause 4], after 'vacation' insert 'because his term-time accommodation is not available to him then'.
Mr Secretary Milburn
17
*Page 8, line 14 [Clause 4], leave out 'then' and insert 'during the vacation'.
Mr Secretary Milburn
18
*Page 8, line 17 [Clause 4], leave out '"full-time higher education"' and insert '"full-time", "further education", "higher education"'.
Mr Secretary Milburn
20
*Page 8, line 31 [Clause 4], leave out 'registered' and insert 'private'.
Mr Secretary Milburn
19
*Page 8, line 35 [Clause 4], leave out from 'any' to 'or' in line 36 and insert 'care home or independent hospital'.
Mr Secretary Milburn
21
*Page 8, line 44 [Clause 4], at end insert—
'( ) If subsection (1) comes into force before the commencement of section 11 of the Care Standards Act 2000—
(a) until that commencement, the references to a "private children's home" in sections 24(2)(c) and 24C(2)(a) of the 1989 Act as substituted by subsection (1) are to be read as references to a registered children's home; and
(b) until that commencement, the references to any "care home or independent hospital" in sections 24(2)(d)(ii) and 24C(2)(c), as so substituted, are to be read as references to any residential care home, nursing home or mental nursing home,
and paragraph 14(4) of Schedule 4 to the Care Standards Act 2000 (which amends section 24 of the 1989 Act) is repealed.'.
Mr Philip Hammond
Mrs Caroline Spelman
6
Page 9, line 9 [Clause 5], at end insert—
'(1A) Every local authority shall make arrangements to ensure that any person qualified under subsection (1) to make representations has access to appropriate independent advice and support to assist him in making such representations.'.
Mr Philip Hammond
Mrs Caroline Spelman
7
Page 9, line 10 [Clause 5], after 'subsection (1)', insert 'and in making arrangements under subsection (1A)'.
Mr Philip Hammond
Mrs Caroline Spelman
8
Page 9, line 13 [Clause 5], leave out 'subsection' and insert 'section'.
Mr Philip Hammond
Mrs Caroline Spelman
9
Page 9 [Clause 6], leave out lines 26 and 27 and insert 'is
(a) disabled within the meaning of section 120(2) of the Care Standards Act 2000, or
(b) a mother of a child under four years of age.
(3A) Where the Secretary of State provides by regulations that this section does not apply to a person by virtue of subsection (3)(b) he may provide by regulations such conditions as he shall determine to be in the best interest of that person and her child and if that person fails to comply with those conditions she shall cease to be a person to whom this section does not apply.'.
Mr Secretary Milburn
22
*Page 10, line 27 [Clause 7], at end insert—
'(5) In the Care Standards Act 2000, in Schedule 4 (minor and consequential amendments)—
(a) in paragraph 14(4), the words ", as it has effect before the commencement of section 4 of the Children (Leaving Care) Act 2000"; and
(b) paragraph 14(5) and (6),
are repealed.'.
Mr Secretary Milburn
23
*Page 10, line 29 [Clause 8], after 'from' insert 'section 7(5) and'.
Mr Philip Hammond
Mrs Caroline Spelman
10
Page 10, line 30 [Clause 8], at end insert 'but such an order may not be made until the Secretary of State issues a certificate that he is satisfied that provisions have been enacted which have substantially the effect in relation to Scotland that this Act has in relation to England and Wales.'.
