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Children Bill [HL]


Children Bill [HL]
Part 3 — Children’s services in Wales

26

 

32      

Functions and procedure of LSCBs in Wales

(1)   

The objective of a Local Safeguarding Children Board established under

section 31 is—

(a)   

to co-ordinate what is done by each person or body represented on the

Board for the purposes of safeguarding and promoting the welfare of

5

children in the area of the authority by which it is established; and

(b)   

to ensure the effectiveness of what is done by each such person or body

for those purposes.

(2)   

A Local Safeguarding Children Board established under section 31 is to have

such functions in relation to its objective as the Assembly may by regulations

10

prescribe (which may in particular include functions of review or

investigation).

(3)   

The Assembly may by regulations make provision as to the procedures to be

followed by a Local Safeguarding Children Board established under section 31.

33      

Funding of LSCBs in Wales

15

(1)   

Any person or body specified in subsection (3) may make payments towards

expenditure incurred by, or for purposes connected with, a Local Safeguarding

Children Board established under section 31

(a)   

by making the payments directly, or

(b)   

by contributing to a fund out of which the payments may be made.

20

(2)   

Any person or body specified in subsection (3) may provide staff, goods,

services, accommodation or other resources for purposes connected with a

Local Safeguarding Children Board established under section 31.

(3)   

The persons and bodies referred to in subsections (1) and (2) are—

(a)   

the children’s services authority in Wales by which the Board is

25

established;

(b)   

any person who is a Board partner of the authority under section

31(3)(a) to (e);

(c)   

in a case where the governor of a secure training centre or prison is a

Board partner of the authority, the Secretary of State; and

30

(d)   

in a case where the director of a contracted out secure training centre or

prison is a Board partner of the authority, the contractor.

34      

LSCBs in Wales: supplementary

(1)   

The Assembly may by regulations make provision as to the functions of

children’s services authorities in Wales relating to Local Safeguarding

35

Children Boards established by them.

(2)   

A children’s services authority in Wales and each of their Board partners must,

in exercising their functions relating to a Local Safeguarding Children Board,

have regard to any guidance given to them for the purpose by the Assembly.

(3)   

The Assembly must obtain the consent of the Secretary of State before giving

40

guidance under subsection (2) at any time after the coming into force of any of

paragraphs (a) to (c), (f) or (g) of section 31(3).

 

 

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

27

 

Part 4

Advisory and support services for family proceedings

CAFCASS functions in Wales

35      

Functions of the Assembly relating to family proceedings

(1)   

In respect of family proceedings in which the welfare of children ordinarily

5

resident in Wales is or may be in question, it is a function of the Assembly to—

(a)   

safeguard and promote the welfare of the children;

(b)   

give advice to any court about any application made to it in such

proceedings;

(c)   

make provision for the children to be represented in such proceedings;

10

(d)   

provide information, advice and other support for the children and

their families.

(2)   

The Assembly must also make provision for the performance of the functions

conferred on Welsh family proceedings officers by virtue of any enactment

(whether or not they are exercisable for the purposes of subsection (1)).

15

(3)   

In subsection (1), “family proceedings” has the meaning given by section 12 of

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

(4)   

In this Part, “Welsh family proceedings officer” means—

(a)   

any member of the staff of the Assembly appointed to exercise the

functions of a Welsh family proceedings officer; and

20

(b)   

any other individual exercising functions of a Welsh family

proceedings officer by virtue of section 36(2) or (4).

36      

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 35 on its

25

behalf.

(2)   

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

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

30

the opinion—

(a)   

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

required standard; and

(b)   

that the arrangement represents good value for money.

(4)   

The Assembly may make arrangements with individuals under which they

35

may perform functions of Welsh family proceedings officers.

(5)   

The Assembly may make arrangements with an organisation or individual

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

under section 35 may work for the organisation or individual.

(6)   

The Assembly may make arrangements with an organisation or individual

40

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

 

 

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

28

 

the exercise of its functions under section 35 are also made available to the

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

5

voluntary organisations.

37      

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,

10

(b)   

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

   

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

15

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

(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.

20

(4)   

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

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.

25

(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.

38      

Inspections

(1)   

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

Assembly inspect, and report to the Assembly on—

30

(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

of the Secretary of State.

35

39      

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 35 and 36, were a

child care organisation within the meaning of that Act.

(2)   

Arrangements which the Assembly makes with an organisation under section

40

36(1) must provide that, before selecting an individual to be employed under

the arrangements in a child care position, the organisation—

 

 

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

29

 

(a)   

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

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

(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

5

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

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

10

meanings as in the 1999 Act.

40      

Advisory and support services for family proceedings: supplementary

Schedule 3 (which makes supplementary and consequential provision relating

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

proceedings officers) has effect.

15

Transfers

41      

Transfer of property from CAFCASS to Assembly

(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

20

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

(in this section, “CAFCASS”).

(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—

25

(a)   

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

scheme; or

(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,

30

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

scheme.

(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.

35

(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

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.

40

(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

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

 

 

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

30

 

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

(7).

5

(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

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

10

been so transferred.

42      

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

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

15

Assembly.

(2)   

A scheme under this section may apply—

(a)   

to any description of employees of CAFCASS;

(b)   

to any individual employee of CAFCASS.

(3)   

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

20

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.

(4)   

Where an employee is so transferred—

25

(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

(b)   

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

30

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

transfer—

35

(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.

(6)   

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

40

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

 

 

Children Bill [HL]
Part 5 — Miscellaneous

31

 

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 41.

Part 5

Miscellaneous

5

Private fostering

43      

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)—

10

(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

15

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”.

20

(5)   

In subsection (5)—

(a)   

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

(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

25

to monitor the way in which the authority discharge their functions

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

authority to appoint an officer for that purpose).”

(7)   

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

insert—

30

“7A        

Every local authority must promote public awareness in their area of

requirements as to notification for which provision is made under

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

35

to that Act as amended by this section.

44      

Power to establish registration scheme in England

(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

 

 

Children Bill [HL]
Part 5 — Miscellaneous

32

 

registered for private fostering by that authority in accordance with the

regulations.

(2)   

Regulations under this section may make supplementary provision relating to

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

(a)   

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

5

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

registered;

(d)   

the circumstances in which an application for registration may or must

10

be granted or refused;

(e)   

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

registration;

(f)   

the imposition of conditions on registration and the variation or

cancellation of such conditions;

15

(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

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

(i)   

temporary registration, or circumstances in which a person may be

20

regarded as registered;

(j)   

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

England or a person registered under the regulations.

(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,

25

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.

(4)   

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

include requirements relating to—

30

(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

living there).

(5)   

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

35

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;

(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;

40

(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

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

or he has been discharged absolutely or conditionally for any such

45

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

vested in a specified authority under a specified enactment;

 

 

 
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