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Children Bill [HL]


36

Children Bill [HL]
Schedule 1 — Children’s Commissioner

 

Schedules

Schedule 1

Section 1

 

Children’s Commissioner

Status

1     (1)  

The Children’s Commissioner is to be a corporation sole.

5

      (2)  

The Children’s Commissioner is not to be regarded as the servant or agent

of the Crown or as enjoying any status, immunity or privilege of the Crown;

and his property is not to be regarded as property of, or property held on

behalf of, the Crown.

General powers

10

2     (1)  

The Children’s Commissioner may do anything which appears to him to be

necessary or expedient for the purpose of, or in connection with, the exercise

of his functions.

      (2)  

In particular he may—

(a)   

co-operate with other public authorities in the United Kingdom;

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(b)   

enter into contracts; and

(c)   

acquire, hold and dispose of any property.

Appointment and tenure of office

3     (1)  

The Children’s Commissioner is to be appointed by the Secretary of State.

      (2)  

Subject to the provisions of this paragraph, a person shall hold and vacate

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office as the Children’s Commissioner in accordance with the terms and

conditions of his appointment as determined by the Secretary of State.

      (3)  

An appointment as the Children’s Commissioner shall be for a term not

exceeding five years.

      (4)  

A person who has held office as the Children’s Commissioner is eligible for

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reappointment once only.

      (5)  

The Children’s Commissioner may at any time resign by notice in writing to

the Secretary of State.

      (6)  

The Secretary of State may remove the Children’s Commissioner from office

if he is satisfied that he has—

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(a)   

become unfit or unable properly to discharge his functions; or

(b)   

behaved in a way that is not compatible with his continuing in office.

Remuneration

4          

The Secretary of State must—

 

 

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Schedule 1 — Children’s Commissioner

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(a)   

pay the Children’s Commissioner such remuneration and

allowances, and

(b)   

pay or make provision for the payment of such pension or gratuities

to or in respect of him,

           

as may be provided under the terms of his appointment.

5

Staff

5     (1)  

The Children’s Commissioner may appoint any staff he considers necessary

for assisting him in the exercise of his functions, one of whom shall be

appointed as deputy Children’s Commissioner.

      (2)  

During any vacancy in the office of Children’s Commissioner or at any time

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when the Children’s Commissioner is for any reason unable to act, the

deputy Children’s Commissioner shall exercise his functions (and any

property or rights vested in the Children’s Commissioner may accordingly

be dealt with by the deputy Children’s Commissioner as if vested in him).

      (3)  

Without prejudice to sub-paragraph (2), any member of the Children’s

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Commissioner’s staff may, so far as authorised by him, exercise any of his

functions.

Pensions

6     (1)  

In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment

etc to which section 1 of that Act applies)—

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(a)   

in the list of “Other Bodies”, at the end insert “Employment by the

Children’s Commissioner”;

(b)   

in the list of “Offices”, at the appropriate place insert “Children’s

Commissioner”.

      (2)  

The Secretary of State must pay to the Minister for the Civil Service, at such

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times as the Minister may direct, such sums as he may determine in respect

of any increase attributable to sub-paragraph (1) in the sums payable out of

money provided by Parliament under the Superannuation Act 1972.

Funding

7          

The Secretary of State may make payments to the Children’s Commissioner

30

of such amounts, at such times and on such conditions (if any) as the

Secretary of State considers appropriate.

Accounts

8     (1)  

The Children’s Commissioner must—

(a)   

keep proper accounting records;

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(b)   

prepare a statement of accounts for each financial year; and

(c)   

send a copy of each such statement of accounts to the Secretary of

State and the Comptroller and Auditor General as soon as possible

after the end of the financial year to which the statement relates.

      (2)  

The Comptroller and Auditor General must examine, certify and report on

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each statement of accounts sent to him under sub-paragraph (1)(c) and must

lay copies of the statement and of his report before Parliament.

      (3)  

In this paragraph, “financial year” means—

 

 

Children Bill [HL]
Schedule 2 — Director of children’s services: consequential amendments

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(a)   

the period beginning with the date on which the first Children’s

Commissioner is appointed and ending with 31st March next

following that date; and

(b)   

each successive period of twelve months ending with 31st March.

Evidence

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9     (1)  

A document purporting to be duly executed under the seal of the Children’s

Commissioner or to be signed by him or on his behalf is to be received in

evidence and, unless the contrary is proved, taken to be so executed or

signed.

      (2)  

This paragraph does not extend to Scotland.

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Protection from defamation actions

10         

For the purposes of the law of defamation—

(a)   

any statement made by the Children’s Commissioner in a report

published under this Part has absolute privilege; and

(b)   

any other statement made by the Children’s Commissioner or a

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member of his staff for the purposes of this Part has qualified

privilege.

Regulated position

11         

In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6)

(meaning of “regulated position”), after paragraph (f) insert—

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“(fa)   

Children’s Commissioner and deputy Children’s

Commissioner appointed under Part 1 of the Children Act

2004,”.

Disqualifications

12         

In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of

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Schedule 1 (certain disqualifying offices), at the appropriate places insert the

following entries—

           

“Children’s Commissioner”;

           

“Member of staff of the Children’s Commissioner”.

13         

In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3

30

of Schedule 1 (certain disqualifying offices), at the appropriate places insert

the following entries—

           

“Children’s Commissioner”;

           

“Member of staff of the Children’s Commissioner”.

Schedule 2

35

Section 14

 

Director of children’s services: consequential amendments

Children and Young Persons Act 1933 (c. 12)

1          

In section 96 of the Children and Young Persons Act 1933 (provisions as to

local authorities), in subsection (8), for “or the chief education officer of the

 

 

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Schedule 2 — Director of children’s services: consequential amendments

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authority” substitute “of the authority, the director of children’s services (in

the case of an authority in England) or the chief education officer (in the case

of an authority in Wales)”.

Local Authority Social Services Act 1970 (c. 42)

2     (1)  

The Local Authority Social Services Act 1970 is amended as follows.

5

      (2)  

In section 6 (director of social services)—

(a)   

before subsection (1) insert—

“(A1)   

A local authority in England shall appoint an officer, to be

known as the director of adult social services, for the

purposes of their social services functions, other than those

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for which the authority’s director of children’s services is

responsible under section 14 of the Children Act 2004.”;

(b)   

in subsection (1), after “local authority” insert “in Wales”;

(c)   

in subsection (2), after “director of”, in both places, insert “adult

social services or (as the case may be)”;

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(d)   

in subsection (6), for “a director of social services” substitute “a

person under this section”.

      (3)  

In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words

“Appointment of” insert “director of adult social services or”.

Local Government and Housing Act 1989 (c. 42)

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3          

In section 2 of the Local Government and Housing Act 1989 (politically

restricted posts), in subsection (6)—

(a)   

after “means—” insert—

“(za)   

the director of children’s services appointed under

section 14 of the Children Act 2004 and the director of

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adult social services appointed under section 6(A1) of

the Local Authority Social Services Act 1970 (in the

case of a local authority in England);”;

(b)   

in paragraph (a), at the end insert “(in the case of a local authority in

Wales)”;

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(c)   

in paragraph (c) after “director of social services” insert “(in the case

of a local authority in Wales)”.

Education Act 1996 (c. 56)

4     (1)  

The Education Act 1996 is amended as follows.

      (2)  

In section 532 (appointment of chief education officer), for “A local

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authority’s duties” substitute “The duties of a local education authority in

Wales”.

      (3)  

In section 566 (evidence: documents), in subsection (1)(a), for “chief

education officer of that authority” substitute “director of children’s services

(in the case of an authority in England) or the chief education officer (in the

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case of an authority in Wales)”.

Crime and Disorder Act 1998 (c. 37)

5     (1)  

The Crime and Disorder Act 1998 is amended as follows.

 

 

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Schedule 2 — Director of children’s services: consequential amendments

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      (2)  

In section 8 (responsible officers in relation to parenting orders), in

subsection (8)(bb), after “nominated by” insert “a person appointed as

director of children’s services under section 14 of the Children Act 2004 or

by”.

      (3)  

In section 39 (youth offending teams), in subsection (5)—

5

(a)   

after paragraph (a) insert—

“(aa)   

where the local authority is in England, a person with

experience of social work in relation to children

nominated by the director of children’s services

appointed by the local authority under section 14 of

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the Children Act 2004;”;

(b)   

in paragraph (b) for “a social worker of a” substitute “where the local

authority is in Wales, a social worker of the”;

(c)   

after paragraph (d) insert—

“(da)   

where the local authority is in England, a person with

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experience in education nominated by the director of

children’s services appointed by the local authority

under section 14 of the Children Act 2004;”;

(d)   

in paragraph (e) insert at the beginning “where the local authority is

in Wales,”.

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Protection of Children Act 1999 (c. 14)

6          

In section 4C of the Protection of Children Act 1999 (restoration to the list) in

subsection (1), for “director of social services of a local authority” substitute

“director of children’s services of a local authority in England or a director

of social services of a local authority in Wales”.

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Criminal Justice and Court Services Act 2000 (c. 43)

7     (1)  

The Criminal Justice and Court Services Act 2000 is amended as follows.

      (2)  

In section 34 (restoration of disqualification order), in subsection (1), for “a

director of social services of a local authority” substitute “a director of

children’s services of a local authority in England or a director of social

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services of a local authority in Wales”.

      (3)  

In section 36 (meaning of “regulated position”), in subsection (6)—

(a)   

after paragraph (b) insert—

“(ba)   

director of children’s services and director of adult

social services of a local authority in England,”;

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(b)   

in paragraph (c) at the end insert “in Wales”;

(c)   

in paragraph (d) at the end insert “in Wales”.

Criminal Justice Act 2003 (c. 44)

8          

In section 322 of the Criminal Justice Act 2003 (individual support orders),

in the new section 1AA to be inserted in the Crime and Disorder Act 1998

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(c. 37), in subsection (10)(b), after “nominated by” insert “a person appointed

as director of children’s services under section 14 of the Children Act 2004

or by”.

 

 

 
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