Vote Bundle Text (941008-05)

Amendments proposed to the Children Bill [Lords] - continued	House of Commons

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Margaret Hodge

156

*Clause 43, page 31, line 14, leave out subsection (2).

Annette Brooke
Mr Phil Willis
Mr Roger Williams

Clause 44, page 31, line 17, at beginning insert '(1)'.

Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley

Clause 44, page 31, line 21, at end add—

'( ) The duty requires local authorities to request schools to set out their admission policies with particular regard to looked after children and for schools to notify their arrangements for addressing the particular needs of looked-after children.'

Annette Brooke
Mr Phil Willis
Mr Roger Williams

Clause 44, page 31, line 21, at end add—

'(2) In section 562(1) of the Education Act 1996 (amending 1944 Education Act), at end of paragraph insert, "which includes a duty to promote the child's educational achievement".'.

Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley

Clause 45, page 31, line 22, at end insert 'and feelings'.

Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Annette Brooke
Mr Phil Willis
Mr Roger Williams

Clause 45, page 31, line 29, after 'wishes', insert 'and feelings'.

Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Annette Brooke
Mr Phil Willis
Mr Roger Williams

Clause 45, page 31, line 32, after 'wishes', insert 'and feelings'.

Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
Mr Roger Williams

115

Clause 45, page 31, line 33, at end insert—

'( ) In section 47 of the Children Act 1989 (local authority's duty to investigate) after subsection 4(b) insert—

"(c) to ascertain the child's wishes and feelings.".

( ) In section 47 of the Children Act 1989 (local authority's duty to investigate) after subsection 8 insert—

"(8A) Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child's welfare they shall give due consideration, having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain."

( ) In section 47 of the Children Act 1989 (local authority's duty to investigate) after subsection 12 insert—

"(13) The Secretary of State may make regulations requiring local authorities safeguarding or promoting the child's welfare under this section to record such wishes and feelings of the child as they have been able to ascertain.".'.

Margaret Hodge

157

*Clause 47, page 32, line 5, leave out subsection (2).

Annette Brooke
Mr Phil Willis
Mr Roger Williams

Clause 47, page 32, line 7, at end add—

'(3) In section 29 of the Children (Leaving Care) Act 2000 19B(2) at the end of paragraph (b) insert—

"This includes any child who has been looked after by a local authority for a prescribed period immediately prior to being detained in pursuance of an order made by a court or an order of recall made by the Secretary of State.".'.

Margaret Hodge

184

*Clause 52, page 33, line 20, leave out 'section 2(10)' and insert 'section (care leavers and young persons with learning disabilities)'.

Margaret Hodge

158

*Clause 54, page 35, line 11, at end insert—

'( ) section (publication of material relating to legal proceedings) comes into force in accordance with provision made by order by the Lord Chancellor;'.

Margaret Hodge

159

*Clause 54, page 35, line 11, at end insert—

'( ) section (disclosure of information by Inland Revenue) comes into force on the day on which this Act is passed.'

Margaret Hodge

185

*Clause 54, page 35, line 11, at end insert—

'( ) section (Children's Commissioner for Wales: powers of entry) comes into force in accordance with provision made by order by the Assembly;'.

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

Clause 56, page 35, line 19, after 'Children', insert '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;

(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;

(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;