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Children Bill [HL]


Children Bill [HL]
Part 4 — Advisory and support services for family proceedings

23

 

30      

Ancillary powers of the Assembly

(1)   

The Assembly may make arrangements with organisations under which the

organisations perform the functions of the Assembly under section 29 on its

behalf.

(2)   

Arrangements under subsection (1) may provide for the organisations to

5

designate individuals who may perform functions of Welsh family

proceedings officers.

(3)   

The Assembly may only make an arrangement under subsection (1) if it is of

the opinion—

(a)   

that the functions in question will be performed efficiently and to the

10

required standard; and

(b)   

that the arrangement represents good value for money.

(4)   

The Assembly may make arrangements with individuals under which they

may perform functions of Welsh family proceedings officers.

(5)   

The Assembly may make arrangements with an organisation or individual

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under which staff of the Assembly engaged in the exercise of its functions

under section 29 may work for the organisation or individual.

(6)   

The Assembly may make arrangements with an organisation or individual

under which any services provided by the Assembly’s staff to the Assembly in

the exercise of its functions under section 29 are also made available to the

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organisation or individual.

(7)   

The Assembly may charge for anything done under arrangements under

subsection (5) and (6).

(8)   

In this section, references to organisations include public bodies and private or

voluntary organisations.

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31      

Welsh family proceedings officers

(1)   

The Assembly may authorise a Welsh family proceedings officer of a

description prescribed in regulations made by the Secretary of State—

(a)   

to conduct litigation in relation to any proceedings in any court,

(b)   

to exercise a right of audience in any proceedings in any court,

30

   

in the exercise of his functions.

(2)   

A Welsh family proceedings officer exercising a right to conduct litigation by

virtue of subsection (1)(a) who would otherwise have such a right by virtue of

section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) is to be treated

as having acquired that right solely by virtue of this section.

35

(3)   

A Welsh family proceedings officer exercising a right of audience by virtue of

subsection (1)(b) who would otherwise have such a right by virtue of section

27(2)(a) of the Courts and Legal Services Act 1990 is to be treated as having

acquired that right solely by virtue of this section.

(4)   

A Welsh family proceedings officer may, subject to rules of court, be cross-

40

examined in any proceedings to the same extent as any witness.

(5)   

But a Welsh family proceedings officer may not be cross-examined merely

because he is exercising a right to conduct litigation or a right of audience

granted in accordance with this section.

 

 

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings

24

 

(6)   

In this section, “right to conduct litigation” and “right of audience” have the

same meanings as in section 119 of the Courts and Legal Services Act 1990

(c. 41).

32      

Inspections

(1)   

Her Majesty’s Inspectorate of Court Administration must at the request of the

5

Assembly inspect, and report to the Assembly on—

(a)   

the discharge by the Assembly of its functions under this Part; and

(b)   

the discharge by Welsh family proceedings officers of their functions

under this Part and any other enactment.

(2)   

The Assembly may only make a request under subsection (1) with the consent

10

of the Secretary of State.

33      

Protection of children

(1)   

The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as

if the Assembly, in performing its functions under sections 29 and 30, were a

child care organisation within the meaning of that Act.

15

(2)   

Arrangements which the Assembly makes with an organisation under section

30(1) must provide that, before selecting an individual to be employed under

the arrangements in a child care position, the organisation—

(a)   

must ascertain whether the individual is included in any of the lists

mentioned in section 7(1) of the 1999 Act, and

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(b)   

if he is included in any of those lists, must not select him for that

employment.

(3)   

Such arrangements must provide that, if at any time the organisation has

power to refer an individual who is or has been employed in a child care

position under the arrangements to the Secretary of State under section 2 of the

25

1999 Act (inclusion in list on reference following disciplinary actions etc), the

organisation must so refer him.

(4)   

In this section, “child care position” and “employment” have the same

meanings as in the 1999 Act.

34      

Advisory and support services for family proceedings: supplementary

30

Schedule 3 (which makes supplementary and consequential provision relating

to this Part, including provision relating to functions of Welsh family

proceedings officers) has effect.

Transfers

35      

Transfer of property from CAFCASS to Assembly

35

(1)   

For the purposes of the exercise of functions conferred on the Assembly by or

under this Part, the Assembly and the Secretary of State may jointly by order

make one or more schemes for the transfer to the Assembly of property, rights

and liabilities of the Children and Family Court Advisory and Support Service

(in this section, “CAFCASS”).

40

 

 

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings

25

 

(2)   

The reference in subsection (1) to rights and liabilities does not include rights

and liabilities under a contract of employment.

(3)   

A scheme under this section may—

(a)   

specify the property, rights and liabilities to be transferred by the

scheme; or

5

(b)   

provide for the determination, in accordance with the scheme, of the

property, rights and liabilities to be transferred by the scheme.

(4)   

A scheme under this section may include provision for the creation of rights,

or the imposition of liabilities, in relation to property transferred by the

scheme.

10

(5)   

A scheme under this section has effect in relation to any property, rights and

liabilities to which it applies despite any provision (of whatever nature) which

would otherwise prevent, penalise or restrict their transfer.

(6)   

A right of pre-emption or reverter or other similar right does not operate or

become exercisable as a result of any transfer under a scheme under this

15

section; and in the case of such a transfer, any such right has effect as if the

Assembly were the same person in law as CAFCASS and as if the transfer had

not taken place.

(7)   

The Assembly is to pay such compensation as is just to any person in respect

of any right which would, apart from subsections (5) and (6), have operated in

20

favour of, or become exercisable by, that person but which, in consequence of

the operation of those subsections, cannot subsequently operate in his favour

or become exercisable by him.

(8)   

A scheme under this section may provide for the determination of any disputes

as to whether and, if so, how much compensation is payable under subsection

25

(7).

(9)   

Subsections (5) to (8) apply in relation to the creation of rights in relation to

property as they apply in relation to a transfer of property.

(10)   

A certificate issued by the Secretary of State and the Assembly jointly that any

property, rights or liabilities have or have not been transferred by a scheme

30

under this section is conclusive evidence as to whether they have or have not

been so transferred.

36      

Transfer of staff from CAFCASS to Assembly

(1)   

For the purpose of the exercise of functions conferred on the Assembly by or

under this Part, the Assembly and the Secretary of State may jointly by order

35

make one or more schemes for the transfer of employees of CAFCASS to the

Assembly.

(2)   

A scheme under this section may apply—

(a)   

to any description of employees of CAFCASS;

(b)   

to any individual employee of CAFCASS.

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(3)   

A contract of employment of an employee transferred under a scheme under

this section—

(a)   

is not terminated by the transfer; and

(b)   

has effect from the date of the transfer under the scheme as if originally

made between the employee and the Assembly.

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Children Bill [HL]
Part 5 — Miscellaneous

26

 

(4)   

Where an employee is so transferred—

(a)   

all the rights, powers, duties and liabilities of CAFCASS under or in

connection with the contract of employment are by virtue of this

subsection transferred to the Assembly on the date of the transfer under

the scheme; and

5

(b)   

anything done before that date by or in relation to CAFCASS in respect

of that contract or the employee is to be treated from that date as having

been done by or in relation to the Assembly.

   

This subsection does not prejudice the generality of subsection (3).

(5)   

But if the employee informs the Assembly or CAFCASS that he objects to the

10

transfer—

(a)   

subsections (3) and (4) do not apply; and

(b)   

his contract of employment is terminated immediately before the date

of transfer but the employee is not to be treated, for any reason, as

having been dismissed by CAFCASS.

15

(6)   

This section does not prejudice any right of an employee to terminate his

contract of employment if (apart from the change of employer) a substantial

change is made to his detriment in his working conditions.

(7)   

A scheme may be made under this section only if any requirements about

consultation prescribed in regulations made by the Secretary of State and the

20

Assembly jointly have been complied with in relation to each of the employees

of CAFCASS to be transferred under the scheme.

(8)   

In this section “CAFCASS” has the same meaning as in section 35.

Part 5

Miscellaneous

25

Private fostering

37      

Amendments to notification scheme

(1)   

Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered

children) is amended as specified in subsections (2) to (6).

(2)   

In subsection (1)—

30

(a)   

after “who are” insert “or are proposed to be”;

(b)   

after “is being” insert “or will be”;

(c)   

for “caring for” substitute “concerned with”.

(3)   

After subsection (2) insert—

“(2A)   

Regulations under subsection (2)(b) may impose requirements as to the

35

action to be taken by a local authority for the purposes of discharging

their duty under subsection (1) where they have received notification of

a proposal that a child be privately fostered.”

(4)   

In subsection (3) for “to visit privately fostered children” substitute “for the

purpose”.

40

(5)   

In subsection (5)—

(a)   

after “child who is” insert “or is proposed to be”;

 

 

Children Bill [HL]
Part 5 — Miscellaneous

27

 

(b)   

after “is being” insert “or will be”.

(6)   

After subsection (5) insert—

“(6)   

The Secretary of State may make regulations requiring a local authority

to monitor the way in which the authority discharge their functions

under this Part (and the regulations may in particular require the

5

authority to appoint an officer for that purpose).”

(7)   

In Schedule 8 to that Act (privately fostered children) after paragraph 7

insert—

“7A        

Every local authority must promote public awareness in their area of

requirements as to notification for which provision is made under

10

paragraph 7.”

(8)   

The reference to that Act in Schedule 1 to the National Assembly for Wales

(Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring

to that Act as amended by this section.

38      

Power to establish registration scheme in England

15

(1)   

The Secretary of State may by regulations require any person who fosters a

child privately in the area of a children’s services authority in England to be

registered for private fostering by that authority in accordance with the

regulations.

(2)   

Regulations under this section may make supplementary provision relating to

20

the registration of persons for private fostering, including provision as to—

(a)   

how a person applies for registration and the procedure to be followed

in considering an application;

(b)   

the requirements to be satisfied before a person may be registered;

(c)   

the circumstances in which a person is disqualified from being

25

registered;

(d)   

the circumstances in which an application for registration may or must

be granted or refused;

(e)   

the payment of a fee on the making or granting of an application for

registration;

30

(f)   

the imposition of conditions on registration and the variation or

cancellation of such conditions;

(g)   

the circumstances in which a person’s registration may be, or be

regarded as, cancelled;

(h)   

the making of appeals against any determination of a children’s

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services authority in England in relation to a person’s registration;

(i)   

temporary registration, or circumstances in which a person may be

regarded as registered;

(j)   

requirements to be complied with by a children’s services authority in

England or a person registered under the regulations.

40

(3)   

The provision which may be made under subsection (2)(a) includes provision

that any person who, in an application for registration under the regulations,

knowingly makes a statement which is false or misleading in a material

particular is guilty of an offence and liable on summary conviction to a fine not

exceeding level 5 on the standard scale.

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Children Bill [HL]
Part 5 — Miscellaneous

28

 

(4)   

The requirements for which provision may be made under subsection (2)(b)

include requirements relating to—

(a)   

the suitability of the applicant to foster children privately;

(b)   

the suitability of the premises in which it is proposed to foster children

privately (including their suitability by reference to any other person

5

living there).

(5)   

The provision which may be made under subsection (2)(c) includes provision

that a person may be disqualified where—

(a)   

an order of a kind specified in the regulations has been made at any

time with respect to him;

10

(b)   

an order of a kind so specified has been made at any time with respect

to any child who has been in his care;

(c)   

a requirement of a kind so specified has been imposed at any time with

respect to any such child, under or by virtue of any enactment;

(d)   

he has been convicted of a criminal offence of a kind so specified, or a

15

probation order has been made in respect of him for any such offence

or he has been discharged absolutely or conditionally for any such

offence;

(e)   

a prohibition has been imposed on him under any specified enactment;

(f)   

his rights and powers with respect to a child have at any time been

20

vested in a specified authority under a specified enactment;

(g)   

he lives in the same household as a person who is himself disqualified

from being registered or in a household in which such a person is

employed.

(6)   

The provision which may be made under subsection (2)(c) also includes

25

provision for a children’s services authority in England to determine whether

a person is or is not to be disqualified.

(7)   

The conditions for which provision may be made under subsection (2)(f)

include conditions relating to—

(a)   

the maintenance of premises in which children are, or are proposed to

30

be, privately fostered;

(b)   

any other persons living at such premises.

(8)   

The provision which may be made under subsection (2)(j) includes—

(a)   

a requirement that a person registered under the regulations obtain the

consent of the children’s services authority in England by whom he is

35

registered before privately fostering a child;

(b)   

provision relating to the giving of such consent (including provision as

to the circumstances in which, or conditions subject to which, it may or

must be given).

(9)   

The provision which may be made under subsection (2)(j) also includes—

40

(a)   

a requirement for a children’s services authority in England to

undertake annual inspections in relation to persons registered under

the regulations (whether in fact privately fostering children or not); and

(b)   

provision for the payment of a fee by registered persons in respect of

such inspections.

45

(10)   

Regulations under this section may—

 

 

Children Bill [HL]
Part 5 — Miscellaneous

29

 

(a)   

authorise a children’s services authority in England to issue a notice to

any person whom they believe to be fostering a child privately in their

area without being registered in accordance with the regulations; and

(b)   

provide that a person who, without reasonable excuse, fosters a child

privately without being registered in accordance with the regulations

5

while such a notice is issued in respect of him is guilty of an offence and

liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(11)   

Regulations under this section may provide that a person registered under the

regulations who without reasonable excuse contravenes or otherwise fails to

10

comply with any requirement imposed on him in the regulations is guilty of an

offence and liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(12)   

Regulations under this section may provide that a person who fosters a child

privately while he is disqualified from being registered is guilty of an offence

15

unless—

(a)   

he is disqualified by virtue of the fact that he lives in the same

household as a person who is himself disqualified from being

registered or in a household in which such a person is employed; and

(b)   

he did not know, and had no reasonable grounds for believing, that that

20

person was so disqualified.

(13)   

Where regulations under this section make provision under subsection (12),

they must provide that a person who is guilty of the offence referred to in that

subsection is liable on summary conviction to—

(a)   

a fine not exceeding level 5 on the standard scale, or

25

(b)   

a term of imprisonment not exceeding six months, or

(c)   

both.

(14)   

Regulations under this section may—

(a)   

make consequential amendments (including repeals) to sections 67(2)

to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the

30

Children Act 1989 (c. 41);

(b)   

amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)

(social services functions) as to add functions of a children’s services

authority in England under this section to the functions listed in that

Schedule.

35

(15)   

Nothing in this section affects the scope of section 53(1).

(16)   

For the purposes of this section references to a person fostering a child

privately have the same meaning as in the Children Act 1989.

39      

Power to establish registration scheme in Wales

(1)   

The Assembly may by regulations require any person who fosters a child

40

privately in the area of a children’s services authority in Wales to be registered

for private fostering by that authority in accordance with the regulations.

(2)   

Subsections (2) to (15) of section 38 apply in relation to regulations under this

section as they apply in relation to regulations under that section with the

substitution for references to a children’s services authority in England of

45

references to a children’s services authority in Wales.

 

 

 
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