Children Bill [Lords]

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Clause 47

Miscellaneous amendments for Parts 2 and 3

Amendment made: No. 157, in

    clause 47, page 32, line 5, leave out subsection (2).—[Margaret Hodge.]

    Question put, That clause 47, as amended, and clauses 48 to 51 stand part of the Bill.

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    The Committee divided: Ayes 11, Noes 4.

    Division No. 11]

    AYES
    Coaker, Mr. Vernon
    Fitzsimons, Mrs. Lorna
    Hodge, Margaret
    Irranca-Davies, Huw
    Ladyman, Dr. Stephen
    McDonagh, Siobhain
    Mole, Chris
    Munn, Ms Meg
    Palmer, Dr. Nick
    Tami, Mark
    Touhig, Mr. Don

    NOES
    Brooke, Annette
    Dawson, Mr. Hilton
    Morgan, Julie
    Williams, Mr. Roger

Question put and agreed to.

Clause 47, as amended, and clauses 48 to 51 ordered to stand part of the Bill.

Clause 52

Interpretation

Amendment made: No. 184, in

    clause 52, page 33, line 20, leave out 'section 2(10)' and insert

    'section (care leavers and young persons with learning disabilities)'.—[Margaret Hodge.]

    Clause 52, as amended, ordered to stand part of the Bill.

    Clause 53

    Regulations and orders

Amendment made: No. 208, in

    clause 53, page 34, line 26, after 'under', insert 'section 8(1)(ca) or'.—[Margaret Hodge.]

    Clause 53, as amended, ordered to stand part of the Bill.

    Clause 54

    Commencement

Amendments made: No. 209, in

    clause 54, page 34, line 36, at end insert

    'subject to subsections (3A) and (3B).

    (3A) The Assembly must obtain the consent of the Secretary of State before making provision under subsection (3) in relation to section 21(4)(a) to (c) or 25(3)(a) to (c), (f) or (g).

    (3B) In section 23, the following provisions come into force in accordance with provision made by order by the Secretary of State after consulting the Assembly—

    (a) subsection (1)(d) to (g);

    (b) subsection (2), so far as relating to the persons and bodies referred to in subsection (1)(d) to (g);

    (c) subsection (5).'.

No. 158, in

    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;'.

No. 159, in

    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.'

No. 185, in

Column Number: 314

    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;'.

No. 160, in

    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.]

    Clause 54, as amended, ordered to stand part of the Bill.

    Clause 55

    Extent

Amendments made: No. 186, in

    clause 55, page 35, line 16, leave out '5' and insert '4'.

No. 187, in

    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.'.

No. 188, in

    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.'.—[Margaret Hodge.]

    Clause 55, as amended, ordered to stand part of the Bill.

    Clause 56

    Short title

Amendment made: No. 161, in

    clause 56, page 35, line 20, leave out subsection (2).—[Margaret Hodge.]

    Clause 56, as amended, ordered to stand part of the Bill.

    New Clause 20

    Children and young people's plans: England

    '(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;

    (c) when and how a plan under this section must be published;

    (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;

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    (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.'.

    New Clause 21

    Children and young people's plans: Wales

    '(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;

    (c) when and how a plan under this section must be published;

    (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.'.

    New Clause 22

    Inspection

    '(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;

    (c) any function conferred on the authority under section 24.'.

    <<316>>New Clause 23

    Social services committees

    '(1) Sections 2 to 5 of the Local Authority Social Services Act 1970 (c.42) (social services committees) shall cease to have effect.

    (2) In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute ''SOCIAL SERVICES FUNCTIONS''.

    (3) In section 63(8) of the Health Services and Public Health Act 1968 (c.46) (instruction), in paragraph (a) of the definition of ''relevant enactments'', for the words from ''for the time being'' to ''section 2'' substitute ''are social services functions within the meaning''.

    (4) In Schedule 1 to the Local Government and Housing Act 1989 (c.42) (political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of ''ordinary committee'', for the words from ''the authority's'' to ''any other committee'' substitute ''any committee''.

    (5) In section 102 of the Local Government Act 2000 (c.22) (social services functions)—

    (a) omit subsection (1);

    (b) in subsection (2), for ''that Act'' substitute ''the Local Authority Social Services Act 1970''.'.

    New Clause 24

    Publication of material relating to legal proceedings

    '(1) In section 97(2) of the Children Act 1989 (c.41) (privacy for children involved in certain proceedings), after ''publish'' insert ''to the public at large or any section of the public''.

    (2) In section 12(4) of the Administration of Justice Act 1960 (c.65) (publication of information relating to proceedings in private), at the end insert ''(and in particular where the publication is not so punishable by reason of being authorised by rules of court)''.

    (3) In section 66 of the Adoption Act 1976 (c.36) (rules of procedure), after subsection (5) insert—

    ''(5A) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.''

    (4) In section 145(1) of the Magistrates' Courts Act 1980 (c.43) (rules: supplementary), after paragraph (g) insert—

    ''(ga) authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to proceedings referred to in section 12(1)(a) of the Administration of Justice Act 1960 which are held in private;''.

    (5) In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c.42) (family proceedings rules), in paragraph (a) after ''County Courts Act 1984;'' insert—

    ''(aa) authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;''.

    (6) In section 141 of the Adoption and Children Act 2002 (c.38) (rules of procedure) at the end insert—

    ''(6) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.''

    (7) In section 76 of the Courts Act 2003 (c.39) (Family Procedure Rules: further provision) after subsection (2) insert—

    ''(2A) Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.''.'.

 
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Prepared 21 October 2004