Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Schedule 3 — Advisory and support services for family proceedings
49

Schedule 3
Section 40

Advisory and support services for family proceedings
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
1
In section 26 of the Domestic Proceedings and Magistrates’ Courts Act 1978
(reconciliation), in subsection (2), after “Criminal Justice and Court Services
5
Act 2000)” insert “, a Welsh family proceedings officer (within the meaning
given by section 35 of the Children Act 2004)”.
Child Abduction and Custody Act 1985 (c. 60)
2
The Child Abduction and Custody Act 1985 is amended as follows.
3
In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “or
10
a Welsh family proceedings officer”.
4
In section 27 (interpretation), after subsection (5) insert—
“(5A)
In this Act “Welsh family proceedings officer” has the meaning given
by section 35 of the Children Act 2004”.
Children Act 1989 (c. 41)
15
5
The Children Act 1989 is amended as follows.
6
In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an
officer of the Service” insert “or a Welsh family proceedings officer”.
7
In section 16 (family assistance orders), in subsection (1), after “an officer of
the Service” insert “or a Welsh family proceedings officer”.
20
8     (1)
Section 26 (review of cases etc) is amended as follows.
      (2)
In subsection (2A)(c) after “Service” insert “or a Welsh family proceedings
officer”.
      (3)
After subsection (2C) insert—
“(2D)
The power to make regulations in subsection (2C) is exercisable in
25
relation to functions of Welsh family proceedings officers only with
the consent of the National Assembly for Wales.”
9     (1)
Section 41 (representation of child) is amended as follows.
      (2)
In subsection (1), after “an officer of the Service” insert “or a Welsh family
proceedings officer”.
30
      (3)
In subsections (2) and (4)(a), after “officer of the Service” insert “or Welsh
family proceedings officer”.
      (4)
In subsection (10)—
(a)
in paragraphs (a) and (b), after “officer of the Service” insert “or
Welsh family proceedings officer”;
35
(b)
in paragraph (c), after “officers of the Service” insert “or Welsh
family proceedings officers”.
      (5)
In subsection (11), after “an officer of the Service” insert “or a Welsh family
proceedings officer”.

Children Bill [HL]
Schedule 4 — Child minding and day care
50

10
In section 42 (rights of officers of the Service), in subsections (1) and (2), after
“an officer of the Service” insert “or Welsh family proceedings officer”.
11
In section 105(1) (interpretation), at the end insert—

““Welsh family proceedings officer” has the meaning given by section
35 of the Children Act 2004.”
5
Criminal Justice and Court Services Act 2000 (c. 43)
12
The Criminal Justice and Court Services Act 2000 is amended as follows.
13
In section 12 (principal functions of CAFCASS), in subsection (1), after “the
welfare of children” insert “other than children ordinarily resident in
Wales”.
10
14
In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute
“nine”.
Adoption and Children Act 2002 (c. 38)
15
The Adoption and Children Act 2002 is amended as follows.
16    (1)
Section 102 (officers of the Service) is amended as follows.
15
      (2)
In subsection (1), at the end insert “or a Welsh family proceedings officer”.
      (3)
In subsection (7), after “officer of the Service” insert “or a Welsh family
proceedings officer”.
      (4)
After that subsection insert—
“(8)
In this section and section 103 “Welsh family proceedings officer”
20
has the meaning given by section 35 of the Children Act 2004.”
17
In section 103 (rights of officers of the Service), in subsections (1) and (2),
after “officer of the Service” insert “or a Welsh family proceedings officer”.
Sexual Offences Act 2003 (c. 42)
18
In section 21 of the Sexual Offences Act 2003 (positions of trust), in
25
subsection (12)(a), after “officer of the Service” insert “or Welsh family
proceedings officer (within the meaning given by section 35 of the Children
Act 2004)”.
Schedule 4
Section 47

Child minding and day care
30
1
Part 10A of the Children Act 1989 (c. 41) is amended as follows.
Amendments relating to child minding and day care
Conditions imposed by justice of the peace or tribunal
2     (1)
In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute
“under this Part”.
35

Children Bill [HL]
Schedule 4 — Child minding and day care
51

      (2)
In section 79G(2), omit “under section 79F(3)”.
Application fees
3     (1)
In section 79E(2), at the end insert—
“(c)
be accompanied by the prescribed fee.”
      (2)
In section 79F(1) and (2)—
5
(a)
after “on an application” insert “under section 79E”;
(b)
omit paragraph (b) and the preceding “and”.
Fees payable by registered persons
4     (1)
In section 79G(1), for “an annual fee” substitute “a fee”.
      (2)
In Schedule 9A—
10
(a)
in the heading before paragraph 7, omit “Annual”;
(b)
in paragraph 7, for the words from “at prescribed times” to the end
substitute “, at or by the prescribed times, fees of the prescribed
amounts in respect of the discharge by the registration authority of
its functions under Part XA.”
15
Waiver of disqualification
5
In Schedule 9A, in paragraph 4(3A)—
(a)
after “disqualified for registration” insert “(and may in particular
provide for a person not to be disqualified for registration for the
purposes of sub-paragraphs (4) and (5))”;
20
(b)
in paragraph (b), omit “to his registration”.
Amendments relating to day care only
Qualification for registration
6
In section 79B(4)—
(a)
for paragraphs (a) and (b) substitute—
25
“(a)
he has made adequate arrangements to ensure that—
(i)
every person (other than himself and the
responsible individual) looking after children
on the premises is suitable to look after
children under the age of eight; and
30
(ii)
every person (other than himself and the
responsible individual) living or working on
the premises is suitable to be in regular
contact with children under the age of eight;
(b)
the responsible individual—
35
(i)
is suitable to look after children under the age
of eight, or
(ii)
if he is not looking after such children, is
suitable to be in regular contact with them;”;
(b)
in subsection (5), for “(4)(b)” substitute “(4)(a)”;
40

Children Bill [HL]
Schedule 4 — Child minding and day care
52

(c)
after subsection (5) insert—
“(5ZA)
For the purposes of subsection (4), “the responsible
individual” means—
(a)
in a case of one individual working on the premises in
the provision of day care, that person;
5
(b)
in a case of two or more individuals so working, the
individual so working who is in charge.”
Hotels etc
7
In Schedule 9A, after paragraph 2 insert—
“2A   (1)
Part XA does not apply to provision of day care in a hotel, guest
10
house or other similar establishment for children staying in that
establishment where—
(a)
the provision takes place only between 6 pm and 2 am; and
(b)
the person providing the care is doing so for no more than
two different clients at the same time.
15
      (2)
For the purposes of sub-paragraph (1)(b), a “client” is a person at
whose request (or persons at whose joint request) day care is
provided for a child.”
Prohibition in respect of disqualified persons
8
In Schedule 9A, in paragraph 4(4)—
20
(a)
after “or be” insert “directly”;
(b)
omit “, or have any financial interest in,”.
Unincorporated associations
9
In Schedule 9A, after paragraph 5 insert—
“Provision of day care: unincorporated associations
25
5A    (1)
References in Part XA to a person, so far as relating to the
provision of day care, include an unincorporated association.
      (2)
Proceedings for an offence under Part XA which is alleged to have
been committed by an unincorporated association must be
brought in the name of the association (and not in that of any of its
30
members).
      (3)
For the purpose of any such proceedings, rules of court relating to
the service of documents are to have effect as if the association
were a body corporate.
      (4)
In proceedings for an offence under Part XA brought against an
35
unincorporated association, section 33 of the Criminal Justice Act
1925 and Schedule 3 to the Magistrates’ Courts Act 1980
(procedure) apply as they do in relation to a body corporate.
      (5)
A fine imposed on an unincorporated association on its conviction
of an offence under Part XA is to be paid out of the funds of the
40
association.

Children Bill [HL]
Schedule 5 — Repeals
Part 1 — Plans
53

      (6)
If an offence under Part XA committed by an unincorporated
association is shown—
(a)
to have been committed with the consent or connivance of
an officer of the association or a member of its governing
body, or
5
(b)
to be attributable to any neglect on the part of such an
officer or member,

the officer or member as well as the association is guilty of the
offence and liable to proceeded against and punished
accordingly.”
10
Schedule 5
Section 62

Repeals
Part 1
Plans

Short title and chapter
Extent of repeal

15

Children Act 1989 (c. 41)
In Schedule 2, paragraph 1A.

Education Act 1996 (c. 56)
Section 527A.

Education Act 1997 (c. 44)
Section 9.

School Standards and
Section 2.

Framework Act 1998 (c. 31)
Sections 6 and 7.

20

Sections 26 to 26B.

In section 27(2), the words “section 26,”.

Section 119(5)(b) and the preceding “and”.

Sections 120 and 121.

In Schedule 6—

25

(a)
paragraph 3(4)(b) and the preceding

“and”;

(b)
paragraph 8(4).

In Schedule 30, paragraph 144.

Learning and Skills Act 2000
In Schedule 7—

30

(c. 21)
(a)
paragraph 35(2)(b);

(b)
paragraph 42(2)(a).

In Schedule 9, paragraphs 80 and 81.

Adoption and Children Act
Section 5.

2002 (c. 38)

35

Education Act 2002 (c. 32)
In section 150—

(a)
subsections (2) to (4);

(b)
in subsection (5), the words from “and

early years development plans” to

“childcare plans””.

40
These repeals come into force—
(a)
so far as relating to England, in accordance with provision made by
order by the Secretary of State;

Children Bill [HL]
Schedule 5 — Repeals
Part 4 — Social services committees and departments
54

(b)
so far as relating to Wales, in accordance with provision so made by
the Assembly.
Part 2
Child minding and day care

Short title and chapter
Extent of repeal

5

Children Act 1989 (c. 41)
In section 79F(1) and (2), paragraph (b) and the

preceding “and”.

In section 79G(2), the words “under section

79F(3)”.

In Schedule 9A—

10

(a)
in paragraph 4(3A)(b), the words “to his

registration”;

(b)
in paragraph 4(4), the words “, or have

any financial interest in,”;

(c)
in the heading before paragraph 7, the

15

word “Annual”.

These repeals come into force—
(a)
so far as relating to England, in accordance with provision made by
order by the Secretary of State;
(b)
so far as relating to Wales, in accordance with provision so made by
20
the Assembly.
Part 3
Inspection of local education authorities

Short title and chapter
Extent of repeal

Disability Discrimination Act
Section 28D(6).

25

1995 (c. 50)

This repeal comes into force—
(a)
so far as relating to England, in accordance with provision made by
order by the Secretary of State;
(b)
so far as relating to Wales, in accordance with provision so made by
30
the Assembly.
Part 4
Social services committees and departments

Short title and chapter
Extent of repeal

Children and Young Persons
In section 96(7), the words from “Subject to” to

35

Act 1933 (c. 12)
“that committee)”.

Children Bill [HL]
Schedule 5 — Repeals
Part 4 — Social services committees and departments
55

Short title and chapter
Extent of repeal

Children and Young Persons
In section 56(2)—

Act 1963 (c. 37)
(a)
the words “and subsection (1) of section

3 of the Local Authority Social Services

Act 1970”;

5

(b)
the words “and section 2 of the said Act

of 1970 respectively”.

Local Authority Social Services
Sections 2 to 5.

Act 1970 (c. 42)

Local Government Act 1972
Section 101(9)(f).

10

(c. 70)

Mental Health Act 1983 (c. 20)
In section 14, the words “of their social services

department”.

Police and Criminal Evidence
In section 63B(10), in the definition of

Act 1984 (c. 60)
“appropriate adult”, the words “social

15

services department”.

Local Government and Housing
Section 13(2)(c).

Act 1989 (c. 42)
In Schedule 1, in paragraph 4(2)—

(a)
in paragraph (a) of the definition of

“ordinary sub-committee”, the words

20

from “of the authority’s” to “any other

sub-committee”; and

(b)
the definition of “social services

committee”.

Criminal Justice Act 1991 (c. 53)
In sections 43(5) and 65(1)(b) and (1B)(a), the

25

words “social services department”.

Crime (Sentences) Act 1997
In section 31(2A)(b), the words “social services

(c. 43)
department of the”.

In Schedule 1, in the table in paragraph 9(6), the

words “social services department”.

30

Crime and Disorder Act 1998
The words “social services department” in—

(c. 37)
(a)
section 1AA(9) and (10)(a);

(b)
section 8(8)(b);

(c)
section 9(2B)(b);

(d)
section 11(8)(a);

35

(e)
section 18(4)(a);

(f)
section 39(5)(b);

(g)
section 65(7)(b);

(h)
section 98(3) (in the words substituted

by that provision).

40

Powers of Criminal Courts
The words “social services department” in—

(Sentencing) Act 2000 (c. 6)
(a)
section 46(5)(a) and (b);

(b)
section 69(4)(b), (6)(a) and (10)(a);

(c)
section 73(5);

(d)
section 74(5)(b) and (7)(a);

45

(e)
section 103(3)(b) and (5)(a);

(f)
section 162(2)(a) and (b).