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Margaret Hodge
160
Clause 54, page 35, line 12, at end insert 'except that Schedule (repeals) comes into force in accordance with the commencement provisions set out in that Schedule'.
Margaret Hodge
186
Clause 55, page 35, line 16, leave out '5' and insert '4'.
Margaret Hodge
187
Clause 55, page 35, line 16, at end insert—
'( ) In Part 5—
| (a) | sections 37 to 51, (Children's Commissioner for Wales: powers of entry) and (publication of material relating to legal proceedings) extend to England and Wales only; |
| (b) | section (disclosure of information by Inland Revenue) extends to the whole of the United Kingdom.'. |
Margaret Hodge
188
Clause 55, page 35, line 17, leave out subsection (3) and insert—
'(3) In this Part—
| (a) | section (repeals) and Schedule (repeals) extend to England and Wales only; and |
| (b) | the remaining provisions extend to the whole of the United Kingdom.'. |
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
50
Clause 56, page 35, line 19, leave out 'Children' and insert 'Children's Welfare and Rights'.
Margaret Hodge
161
Clause 56, page 35, line 20, leave out subsection (2).
NEW CLAUSES
Children and young people's plans: England
Margaret Hodge
NC20
To move the following Clause:—
'(1) The Secretary of State may by regulations require a children's services authority in England from time to time to prepare and publish a plan setting out the authority's strategy for discharging their functions in relation to children and relevant young persons.
(2) Regulations under this section may in particular make provision as to—
| (a) | the matters to be dealt with in a plan under this section; |
| (b) | the period to which a plan under this section is to relate; |
| (c) | when and how a plan under this section must be published; |
| (d) | keeping a plan under this section under review; |
| (e) | consultation to be carried out during preparation of a plan under this section. |
(3) The matters for which provision may be made under subsection (2)(a) include in particular—
| (a) | the arrangements made or to be made under section 7 by a children's services authority in England; |
| (b) | the strategy or proposals in relation to children and relevant young persons of any person or body with whom a children's services authority in England makes or proposes to make such arrangements. |
(4) The power to make regulations conferred by this section shall, for the purposes of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), be regarded as included among the powers mentioned in subsection (2) of that section.
(5) In this section "relevant young persons" means persons, other than children, in relation to whom arrangements under section 7 may be made.'.
Children and young people's plans: Wales
Margaret Hodge
NC21
To move the following Clause:—
'(1) The Assembly may by regulations require a children's services authority in Wales from time to time to prepare and publish a plan setting out the authority's strategy for discharging their functions in relation to children and relevant young persons.
(2) Regulations under this section may in particular make provision as to—
| (a) | the matters to be dealt with in a plan under this section; |
| (b) | the period to which a plan under this section is to relate; |
| (c) | when and how a plan under this section must be published; |
| (d) | keeping a plan under this section under review; |
| (e) | consultation to be carried out before a plan under this section is published; |
| (f) | implementation of a plan under this section. |
(3) The matters for which provision may be made under subsection (2)(a) include in particular—
| (a) | the arrangements made or to be made under section 21 by a children's services authority in Wales; |
| (b) | the strategy or proposals in relation to children and relevant young persons of any person or body with whom a children's services authority in Wales makes or proposes to make such arrangements. |
(4) Regulations under this section may require a children's services authority in Wales to obtain the Assembly's approval before publishing a plan under this section; and may provide that the Assembly may modify a plan before approving it.
(5) A children's services authority in Wales must have regard to any guidance given to them by the Assembly in relation to how they are to discharge their functions under regulations under this section.
(6) In this section "relevant young persons" means the persons, in addition to children, in relation to whom arrangements under section 21 may be made.'.
Inspection
Margaret Hodge
NC22
To move the following Clause:—
'(1) Chapter 6 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (functions of the Assembly in relation to social services) shall apply as if anything done by a children's services authority in Wales in the exercise of functions to which this section applies were a Welsh local authority social service within the meaning of that Part.
(2) This section applies to the following functions of a children's services authority—
| (a) | the authority's functions under section 21 or (children and young people's plans: Wales), except so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c.21)); |
| (b) | the authority's functions under section 23; |
| (c) | any function conferred on the authority under section 24.'. |
Social services committees
Margaret Hodge
NC23
To move the following Clause:—
'(1) Sections 2 to 5 of the Local Authority Social Services Act 1970 (c.42) (social services committees) shall cease to have effect.
(2) In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute "SOCIAL SERVICES FUNCTIONS".
(3) In section 63(8) of the Health Services and Public Health Act 1968 (c.46) (instruction), in paragraph (a) of the definition of "relevant enactments", for the words from "for the time being" to "section 2" substitute "are social services functions within the meaning".
(4) In Schedule 1 to the Local Government and Housing Act 1989 (c.42) (political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of "ordinary committee", for the words from "the authority's" to "any other committee" substitute "any committee".
(5) In section 102 of the Local Government Act 2000 (c.22) (social services functions)—
| (b) | in subsection (2), for "that Act" substitute "the Local Authority Social Services Act 1970".'. |
Publication of material relating to legal proceedings
Margaret Hodge
NC24
To move the following Clause:—
'(1) In section 97(2) of the Children Act 1989 (c. 41) (privacy for children involved in certain proceedings), after "publish" insert "to the public at large or any section of the public".
(2) In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), at the end insert "(and in particular where the publication is not so punishable by reason of being authorised by rules of court)".
(3) In section 66 of the Adoption Act 1976 (c. 36) (rules of procedure), after subsection (5) insert—
"(5A) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children."
(4) In section 145(1) of the Magistrates' Courts Act 1980 (c. 43) (rules: supplementary), after paragraph (g) insert—
| "(ga) | authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to proceedings referred to in section 12(1)(a) of the Administration of Justice Act 1960 which are held in private;". |
(5) In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (family proceedings rules), in paragraph (a) after "County Courts Act 1984;" insert—
| "(aa) | authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;". |
(6) In section 141 of the Adoption and Children Act 2002 (c. 38) (rules of procedure) at the end insert—
"(6) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children."
(7) In section 76 of the Courts Act 2003 (c. 39) (Family Procedure Rules: further provision) after subsection (2) insert—
"(2A) Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.".'.
Disclosure of information by Inland Revenue
Margaret Hodge
NC25
To move the following Clause:—
'(1) In Schedule 5 to the Tax Credits Act 2002 (c.21) (use and disclosure of information), after paragraph 10 insert—
"Provision of information by Board for purposes relating to welfare of children
| 10A | (1) | This paragraph applies to information, other than information relating to a person's income, which is held for the purposes of functions relating to tax credits, child benefit or guardian's allowance— |
(b) by a person providing services to the Board, in connection with the provision of those services.
| (2) | Information to which this paragraph applies may be supplied to— |
(a) a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child;
(b) a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child;
(c) an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child.
| (3) | Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied— |
(a) for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above,
(b) for the purpose of civil or criminal proceedings, or
(c) where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board.
| (4) | Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board. |
| (5) | A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made— |
(a) in accordance with sub-paragraph (3),
(b) in accordance with an enactment or an order of a court,
(c) with consent given by or on behalf of the person to whom the information relates, or
(d) in such a way as to prevent the identification of the person to whom it relates.
| (6) | It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful. |
| (7) | A person guilty of an offence under sub-paragraph (5) is liable— |
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both;
(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
| (8) | In sub-paragraph (2) "child" means a person under the age of eighteen and— |
(a) in paragraph (a), "local authority" has the meaning given by section 105(1) of the Children Act 1989;
(b) in paragraph (b), "local authority" has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and
(c) in paragraph (c), "authority" has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)).
| (9) | The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament." |
(2) In relation to an offence committed under sub-paragraph (5) of paragraph 10A of Schedule 5 to the Tax Credits Act 2002 (c.21) (as inserted by subsection (1) above) before the commencement of section 154 of the Criminal Justice Act 2003, the reference in sub-paragraph (7)(b) of that paragraph to twelve months shall be read as a reference to six months.'.
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