Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 5 — Miscellaneous
40

(b)
a local authority in Scotland for use for the purpose of any
enquiry or investigation under Chapter 3 of Part 2 of the
Children (Scotland) Act 1995 relating to the welfare of a child;
(c)
an authority in Northern Ireland for use for the purpose of
any enquiry or investigation under Part 6 of the Children
5
(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating
to the welfare of a child.
      (3)
Information supplied under this paragraph is not to be supplied by
the recipient to any other person or body unless it is supplied—
(a)
for the purpose of any enquiry or investigation referred to in
10
sub-paragraph (2) above,
(b)
for the purpose of civil or criminal proceedings, or
(c)
where paragraph (a) or (b) does not apply, to a person to
whom the information could be supplied directly by or under
the authority of the Board.
15
      (4)
Information may not be supplied under sub-paragraph (3)(b) or (c)
without the authority of the Board.
      (5)
A person commits an offence if he discloses information supplied to
him under this paragraph unless the disclosure is made—
(a)
in accordance with sub-paragraph (3),
20
(b)
in accordance with an enactment or an order of a court,
(c)
with consent given by or on behalf of the person to whom the
information relates, or
(d)
in such a way as to prevent the identification of the person to
whom it relates.
25
      (6)
It is a defence for a person charged with an offence under sub-
paragraph (5) to prove that he reasonably believed that his disclosure
was lawful.
      (7)
A person guilty of an offence under sub-paragraph (5) is liable—
(a)
on conviction on indictment, to imprisonment for a term not
30
exceeding two years, to a fine or to both;
(b)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding twelve months, to a
fine not exceeding the statutory maximum or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
35
imprisonment for a term not exceeding six months, to a fine
not exceeding the statutory maximum or to both.
      (8)
In sub-paragraph (2) “child” means a person under the age of
eighteen and—
(a)
in paragraph (a), “local authority” has the meaning given by
40
section 105(1) of the Children Act 1989;
(b)
in paragraph (b), “local authority” has the meaning given by
section 93(1) of the Children (Scotland) Act 1995; and
(c)
in paragraph (c), “authority” has the meaning given by
Article 2 of the Children (Northern Ireland) Order 1995 (S.I.
45
1995/755 (N.I.2)).
      (9)
The reference to an enactment in sub-paragraph (5)(b) includes a
reference to an enactment comprised in, or in an instrument made
under, an Act of the Scottish Parliament.”

Children Bill [HL]
Part 6 — General
41

(2)
In relation to an offence committed under sub-paragraph (5) of paragraph 10A
of Schedule 5 to the Tax Credits Act 2002 (c. 21) (as inserted by subsection (1)
above) before the commencement of section 154 of the Criminal Justice Act
2003, the reference in sub-paragraph (7)(b) of that paragraph to twelve months
shall be read as a reference to six months.
5
Part 6
General
62
Repeals
The enactments specified in Schedule 5 are repealed to the extent specified.
63
Interpretation
10
(1)
In this Act—

“the Assembly” means the National Assembly for Wales;

“child” means, subject to section 9, a person under the age of eighteen
(and “children” is to be construed accordingly);

“children’s services authority in England” means—
15
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
20
(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
borough council in Wales.
(2)
This Act applies in relation to the Isles of Scilly subject to such modifications as
25
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;
(b)
references to a contracted out secure training centre, and to the
contractor in relation to such a secure training centre, have the
30
meanings given by section 15 of the Criminal Justice and Public Order
Act 1994 (c. 33);
(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).
35
(4)
Where—
(a)
a contract under section 7 of the Criminal Justice and Public Order Act
1994 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
40
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
separate institution.

Children Bill [HL]
Part 6 — General
42

64
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;
(c)
to make incidental, supplementary, consequential or transitional
5
provision or savings.
(2)
Any power to make regulations or an order under this Act, other than an order
under section 41 or 42, is exercisable by statutory instrument.
(3)
The Secretary of State may not make a statutory instrument containing
regulations under section 12 or 44 unless a draft of the instrument has been laid
10
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
(b)
an order made by the Secretary of State under section 11(1)(d) or section
15
63(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 42(7).
20
65
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
25
Assembly subject to subsections (4) and (5).
(4)
The Assembly must obtain the consent of the Secretary of State before making
provision under subsection (3) in relation to section 25(4)(a) to (c) or 31(3)(a) to
(c), (f) or (g).
(5)
In section 28, the following provisions come into force in accordance with
30
provision made by order by the Secretary of State after consulting the
Assembly—
(a)
subsection (1)(d) to (h);
(b)
subsection (2), so far as relating to the persons and bodies referred to in
subsection (1)(d) to (h);
35
(c)
subsection (5).
(6)
Part 4 comes into force in accordance with provision made by order by the
Assembly with the consent of the Secretary of State.
(7)
In Part 5—
(a)
section 43 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
43

(b)
sections 44 to 46 come into force at the end of the period of two months
beginning with the day on which this Act is passed;
(c)
sections 47 to 55 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 56 comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
(e)
section 57 comes into force on the day on which this Act is passed;
(f)
section 58 comes into force in accordance with provision made by order
10
by the Secretary of State;
(g)
section 59 comes into force in accordance with provision made by order
by the Assembly;
(h)
section 60 comes into force in accordance with provision made by order
by the Lord Chancellor;
15
(i)
section 61 comes into force on the day on which this Act is passed.
(8)
This Part comes into force on the day on which this Act is passed except that
Schedule 5 comes into force in accordance with the commencement provisions
set out in that Schedule.
66
Extent
20
(1)
Part 1 extends to the whole of the United Kingdom (unless otherwise
specifically provided).
(2)
Parts 2 to 4 extend to England and Wales only.
(3)
In Part 5—
(a)
sections 43 to 60 extend to England and Wales only;
25
(b)
section 61 extends to the whole of the United Kingdom.
(4)
In this Part—
(a)
section 62 and Schedule 5 extend to England and Wales only; and
(b)
the remaining provisions extend to the whole of the United Kingdom.
67
Short title
30
This Act may be cited as the Children Act 2004.