Children Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 5 — Miscellaneous
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(3)
Subsection (16) of that section applies for the purposes of this section.
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Expiry of powers in sections 38 and 39
(1)
If no regulations have been made under section 38 by the relevant time, that
section shall (other than for the purposes of section 39(2) and (3)) cease to have
effect at that time.
5
(2)
If no regulations have been made under section 39 by the relevant time, that
section shall cease to have effect at that time.
(3)
In this section, the relevant time is the end of the period of four years beginning
with the day on which this Act is passed.
Child minding and day care
10
41
Child minding and day care
Schedule 4 (which makes provision amending Part 10A of the Children Act
1989 (c. 41) in relation to child minding and day care) has effect.
Local authority services
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Intervention
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(1)
Section 497A of the Education Act 1996 (c. 56) (power to secure proper
performance of a local education authority’s functions) applies in relation to—
(a)
the relevant functions of a children’s services authority in England, and
(b)
the relevant functions of a children’s services authority in Wales,

as it applies in relation to the functions of a local education authority referred
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to in subsection (1) of that section.
(2)
For the purposes of this section, the relevant functions of a children’s services
authority in England or Wales are—
(a)
functions conferred on or exercisable by the authority which are social
services functions, so far as those functions relate to children;
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(b)
the functions conferred on the authority under sections 23C to 24D of
the Children Act 1989 (so far as not falling within paragraph (a)); and
(c)
the functions conferred on the authority under sections 7 and 9 above
(in the case of a children’s services authority in England) or under
sections 21 and 24 above (in the case of a children’s services authority
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in Wales).
(3)
In subsection (2)(a) “social services functions” has the same meaning as in the
the Local Authority Social Services Act 1970 (c. 42).
(4)
Sections 497AA and 497B of the Education Act 1996 apply accordingly where
powers under section 497A of that Act are exercised in relation to any of the
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relevant functions of a children’s services authority in England or Wales.
(5)
In the application of sections 497A(2) to (7), 497AA and 497B of that Act in
relation to the relevant functions of a children’s services authority in England
or Wales, references to the local education authority are to be read as references
to the children’s services authority in England or Wales.
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Children Bill [HL]
Part 5 — Miscellaneous
31

(6)
In subsection (5) of section 497A of that Act, the reference to functions to which
that section applies includes (for all purposes) relevant functions of a
children’s services authority in England or Wales.
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Inspection of local education authorities
(1)
In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for
5
subsection (2) substitute—
“(2)
An inspection of a local education authority under this section shall,
subject to subsection (2A), consist of a review of the way in which the
authority are performing any function of theirs.
(2A)
In the case of a local education authority in England, the reference in
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subsection (2) to any function of the authority does not include a
function falling within the remit of the Adult Learning Inspectorate
under section 53 of the Learning and Skills Act 2000.”
(2)
In section 28D of the Disability Discrimination Act 1995 (c. 50) (accessibility
strategies and plans), omit subsection (6).
15
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Duty of local authorities to promote educational achievement
In section 22 of the Children Act 1989 (c. 41) (general duty of local authority in
relation to children looked after by them), after subsection (3) insert—
“(3A)
The duty of a local authority under subsection (3)(a) to safeguard and
promote the welfare of a child looked after by them includes in
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particular a duty to promote the child’s educational achievement.”
45
Ascertaining children’s wishes
In section 17 of the Children Act 1989 (provision of services to children), after
subsection (4) insert—
“(4A)
Before determining what (if any) services to provide for a particular
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child in need in the exercise of functions conferred on them by this
section, a local authority shall, so far as is reasonably practicable and
consistent with the child’s welfare—
(a)
ascertain the child’s wishes regarding the provision of those
services; and
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(b)
give due consideration (having regard to his age and
understanding) to such wishes of the child as they have been
able to ascertain.”
46
Information about individual children
In section 83 of the Children Act 1989 (research and returns of information),
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after subsection (4) insert—
“(4A)
Particulars required to be transmitted under subsection (3) or (4) may
include particulars relating to and identifying individual children.”
47
Miscellaneous amendments for Parts 2 and 3
(1)
In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions
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Children Bill [HL]
Part 5 — Miscellaneous
32

which are social services functions), at the end insert—

“Children Act 2004

    Sections 10 to 13 and 25 to 28
Functions relating to Local

Safeguarding Children Boards.”

(2)
In Schedule 2 to the Children Act 1989 (c. 41) (local authority support for
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children and families), omit paragraph 1A (duty to produce children’s services
plans).
Other provisions
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Fees payable to adoption review panel members
In section 12 of the Adoption and Children Act 2002 (c. 38) (independent
10
review of determinations), in subsection (3)(d) (power to make provision as to
the payment of expenses of members of a panel) for “expenses of” substitute
“fees to”.
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Reasonable punishment
(1)
In relation to any offence specified in subsection (2), battery of a child cannot
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be justified on the ground that it constituted reasonable punishment.
(2)
The offences referred to in subsection (1) are—
(a)
an offence under section 18 or 20 of the Offences against the Person Act
1861 (c. 100) (wounding and causing grievous bodily harm);
(b)
an offence under section 47 of that Act (assault occasioning actual
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bodily harm);
(c)
an offence under section 1 of the Children and Young Persons Act 1933
(c. 12) (cruelty to persons under 16).
(3)
Battery of a child causing actual bodily harm to the child cannot be justified in
any civil proceedings on the ground that it constituted reasonable punishment.
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(4)
For the purposes of subsection (3) “actual bodily harm” has the same meaning
as it has for the purposes of section 47 of the Offences against the Person Act
1861.
(5)
In section 1 of the Children and Young Persons Act 1933, omit subsection (7).
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Power to give financial assistance
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(1)
Section 14 of the Education Act 2002 (c. 32) (power of Secretary of State and
Assembly to give financial assistance for purposes related to education or
childcare) is amended as specified in subsections (2) to (4).
(2)
In subsection (2) of that section (purposes for which assistance may be given),
at the end insert—
35
“(j)
the promotion of the welfare of children and their parents;
(k)
the provision of support for parenting (including support for
prospective parents).”

Children Bill [HL]
Part 6 — General
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(3)
After that subsection insert—
“(2A)
In subsection (2)(j), “children” means persons under the age of twenty.”
(4)
In the heading to that section, for “childcare” substitute “children etc”.
(5)
In the heading to Part 2 of that Act, for “childcare” substitute “children etc”.
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Child safety orders
5
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)
In section 8(1)(a) (power to make parenting order where a child safety order is
made), at the end insert “or the court determines on an application under
section 12(6) below that a child has failed to comply with any requirement
included in such an order”.
10
(3)
In section 11(4) (maximum period permitted for child safety orders), for the
words from “three months” to the end substitute “twelve months”.
(4)
In section 12, omit subsections (6)(a) and (7) (power to make care order on
breach of child safety order).
Part 6
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General
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Interpretation
(1)
In this Act—

“the Assembly” means the National Assembly for Wales;

“child” means, subject to section 2(10), a person under the age of eighteen
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(and “children” is to be construed accordingly);

“children’s services authority in England” means—
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
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no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;

“children’s services authority in Wales” means a county council or county
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borough council in Wales.
(2)
This Act applies in relation to the Isles of Scilly subject to such modifications as
may be specified by order made by the Secretary of State.
(3)
In this Act—
(a)
references to a prison include a young offender institution;
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(b)
references to a contracted out secure training centre, and to the
contractor in relation to such a secure training centre, have the
meanings given by section 15 of the Criminal Justice and Public Order
Act 1994 (c. 33);

Children Bill [HL]
Part 6 — General
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(c)
references to a contracted out prison, and to the contractor in relation to
such a prison, have the meanings given by section 84(4) of the Criminal
Justice Act 1991 (c. 53).
(4)
Where—
(a)
a contract under section 7 of the Criminal Justice and Public Order Act
5
1994 (c. 33) is for the time being in force in relation to part of a secure
training centre, or
(b)
a contract under section 84 of the Criminal Justice Act 1991 is for the
time being in force in relation to part of a prison,

this Act has effect as if each part of the secure training centre or prison were a
10
separate institution.
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Regulations and orders
(1)
Any power to make regulations or an order under this Act includes power—
(a)
to make different provision for different purposes;
(b)
to make different provision for different cases or areas;
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(c)
to make incidental, supplementary, consequential or transitional
provision or savings.
(2)
Any power to make regulations or an order under this Act, other than an order
under section 35 or 36, is exercisable by statutory instrument.
(3)
The Secretary of State may not make a statutory instrument containing
20
regulations under section 9 or 38 unless a draft of the instrument has been laid
before, and approved by resolution of, each House of Parliament.
(4)
A statutory instrument containing—
(a)
any regulations made by the Secretary of State under this Act to which
subsection (3) does not apply, or
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(b)
an order made by the Secretary of State under section 52(2),

is subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
Subsection (4) does not apply to regulations made by the Secretary of State
jointly with the Assembly under section 36(7).
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Commencement
(1)
Part 1 comes into force on the day on which this Act is passed.
(2)
Part 2 comes into force in accordance with provision made by order by the
Secretary of State.
(3)
Part 3 comes into force in accordance with provision made by order by the
35
Assembly.
(4)
Part 4 comes into force in accordance with provision made by order by the
Assembly with the consent of the Secretary of State.
(5)
In Part 5—
(a)
section 37 so far as relating to England comes into force in accordance
40
with provision made by order by the Secretary of State, and so far as
relating to Wales in accordance with provision made by order by the
Assembly;

Children Bill [HL]
Part 6 — General
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(b)
sections 38 to 40 come into force at the end of the period of two months
beginning with the day on which this Act is passed;
(c)
sections 41 to 48 so far as relating to England come into force in
accordance with provision made by order by the Secretary of State, and
so far as relating to Wales in accordance with provision made by order
5
by the Assembly;
(d)
section 49 comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
(e)
section 50 comes into force on the day on which this Act is passed;
(f)
section 51 comes into force in accordance with provision made by order
10
by the Secretary of State.
(6)
This Part comes into force on the day on which this Act is passed.
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Extent
(1)
Part 1 extends to the whole of the United Kingdom (unless otherwise
specifically provided).
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(2)
Parts 2 to 5 extend to England and Wales only.
(3)
This Part extends to the whole of the United Kingdom.
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Short title
(1)
This Act may be cited as the Children Act 2004.
(2)
Nothing in this Act shall impose any charge on the people or on public
20
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.