Children and Young Persons Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Children and Young Persons Bill [HL]

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
24

Emergency protection orders
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Removal of restriction on hearing of application for discharge of emergency
protection order
In section 45 of the 1989 Act (emergency protection orders: supplementary
provisions) omit subsection (9).
5
Information and research
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Supply of information concerning the death of children to Local
Safeguarding Children Boards
(1)
Subsection (2) applies if, under the 1953 Act, a registrar of births and deaths
registers the death of a person and the registrar believes that the deceased was
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or may have been under the age of 18 at the time of death.
(2)
The registrar must, before the end of the required period, secure that the
appropriate Local Safeguarding Children Board is notified of the particulars of
the death entered in the register.
(3)
Subsection (4) applies if, under the 1953 Act, an entry in a register kept for a
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sub-district concerning a death is corrected and the person making the
correction believes that the entry relates to a person who was or may have been
under the age of 18 at the time of death.
(4)
The person who makes the correction must, before the end of the required
period, secure that the appropriate Local Safeguarding Children Board is
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notified of the particulars of the death as corrected.
(5)
Subsection (6) applies if, under the 1953 Act, a registrar of births and deaths
issues a certificate to the effect that a death is not required by law to be
registered in England or Wales but the registrar believes that the deceased was
or may have been under the age of 18 at the time of death.
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(6)
The registrar must, before the end of the required period, secure that the Local
Safeguarding Children Board established by the children’s services authority
within whose area the registrar’s sub-district is situated is notified—
(a)
of the issuing of the certificate; and
(b)
of the registrar’s belief and the grounds for it.
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(7)
The required period is the period of seven days beginning with the day after—
(a)
for the purposes of subsection (2), the day on which the death was
registered;
(b)
for the purposes of subsection (4), the day on which the correction was
made; and
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(c)
for the purposes of subsection (6), the day on which the certificate was
issued.
(8)
The requirements of this section do not apply if the death occurred before 1
April 2008.
(9)
Each Local Safeguarding Children Board must—
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(a)
make arrangements for the receipt by it of notifications under this
section; and
(b)
publish those arrangements.

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
25

(10)
In this section—
“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);
“the appropriate Local Safeguarding Children Board” means the Board
established by the children’s services authority in England or in Wales
within whose area is situated the sub-district for which the register is
5
kept;
“children’s services authority in England” and “children’s services
authority in Wales” have the same meaning as in the Children Act 2004
(c. 31).
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Power of Registrar General to supply information to national authorities
10
(1)
The Registrar General may supply information to which this section applies—
(a)
to the Secretary of State, or
(b)
to the Welsh Ministers,

for research purposes.
(2)
Information supplied under subsection (1) to the Secretary of State or the
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Welsh Ministers may be disclosed by them—
(a)
to any other person if the disclosure is for research purposes; and
(b)
to a Local Safeguarding Children Board for the purposes of its
functions.
(3)
This section applies to any information that—
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(a)
is kept by the Registrar General under any provision made by or under
an enactment; and
(b)
relates to the death of a person who was or may have been under the
age of 18 at the time of death.
(4)
“For research purposes” means for the purposes of any research that is being
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or may be conducted or assisted under section 83(1) of the 1989 Act.
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Research etc. into matters connected with certain statutory functions
(1)
Section 83 of the 1989 Act (research and returns of information) is amended as
follows.
(2)
In subsection (1) after paragraph (a) insert—
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“(aa)
the functions of Local Safeguarding Children Boards;”.
(3)
In subsection (2) after paragraph (a) insert—
“(aa)
the functions of Local Safeguarding Children Boards;”.
(4)
In subsection (3) after paragraph (b) insert “; and
(c)
the performance by the Local Safeguarding Children Board
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established by them under the Children Act 2004 of all or any of
its functions.”
(5)
In subsection (9) after paragraph (c) insert—
“(ca)
Part 1 of the Adoption and Children Act 2002;
(cb)
the Children Act 2004;
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(cc)
the Children and Young Persons Act 2008.”

Children and Young Persons Bill [HL]
Part 3 — Adoption and Fostering
26

Part 3
Adoption and Fostering
34
Independent review of determinations relating to adoption
(1)
Section 12 of the Adoption and Children Act 2002 (c. 38) (independent review
of determinations) is amended as follows.
5
(2)
In subsection (1)—
(a)
omit the words “a panel constituted by”;
(b)
at the end insert “by a panel constituted by that Minister”.
(3)
In paragraph (a) of subsection (3), omit the words from “(including” to the end
of that paragraph.
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(4)
After subsection (3) insert—
“(3A)
Regulations made by virtue of subsection (3)(e) may impose a duty to
pay to the appropriate Minister such sum as that Minister may
determine.
(3B)
The appropriate Minister must secure that, taking one financial year
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with another, the aggregate of the sums which become payable to him
under regulations made by virtue of subsection (3A) does not exceed
the cost to him of performing his independent review functions.”
(5)
In subsection (4) for the words “functions in relation to the panel” substitute
“independent review functions”.
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(6)
After subsection (6) insert—
“(6A)
Payments made by the appropriate Minister in accordance with such
provision shall be taken into account in determining (for the purpose of
subsection (3B)) the cost to that Minister of performing his independent
review functions.”
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(7)
In subsection (8), after “section” insert “—
“financial year” means a period of twelve months ending with 31st
March,
“independent review function” means a function conferred or
imposed on an appropriate Minister by regulations made by
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virtue of this section”.
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Extension of period allowed for making regulations under section 45 or 46 of
the Children Act 2004
In section 47(3) of the Children Act 2004 (c. 31) (relevant time for the expiry of
powers under sections 45 and 46 of that Act) for “four” substitute “seven”.
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Children and Young Persons Bill [HL]
Part 5 — Supplementary, General and Final Provisions
27

Part 4
Orders under Part 2 of the 1989 Act
Residence orders
36
Entitlement of relative to apply for a residence order
In section 10 of the 1989 Act (power of the court to make orders under section
5
8 of that Act), after subsection (5A) insert—
“(5B)
A relative of a child is entitled to apply for a residence order with
respect to the child if the child has lived with the relative for a period of
at least one year immediately preceding the application.”
37
Duration of residence orders
10
(1)
In section 9(6) of the 1989 Act (restriction on length of orders under section 8 of
that Act) for the words from the beginning to “which” substitute “No court
shall make a specific issue order, contact order or prohibited steps order”.
(2)
In section 12 of that Act (residence orders and parental responsibility) omit
subsections (5) and (6).
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(3)
In section 91(10) of that Act (duration of section 8 orders)—
(a)
after “section 8 order” insert “other than a residence order”; and
(b)
omit “or 12(5)”.
Special guardianship orders
38
Entitlement of relative to apply for a special guardianship order
20
In section 14A(5) of the 1989 Act (persons entitled to apply for special
guardianship order), after paragraph (d) insert “;
(e)
a relative with whom the child has lived for a period of at least
one year immediately preceding the application.”
Part 5
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Supplementary, General and Final Provisions
Supplementary
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Minor and supplementary amendments to the 1989 Act
Schedule 2 (which contains minor and supplementary amendments to the 1989
Act, including amendments to Parts 3 and 7 of that Act to substitute references
30
to the Welsh Ministers for existing phrases which are to be read as including
references to those Ministers by virtue of the Government of Wales Act 2006
(c. 32)) has effect.