Children and Young Persons Bill [HL]

House of Commons

Session 2007 - 08
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Children and Young Persons Bill [HL]

Children and Young Persons Bill [HL]
Schedule 1 — Children looked after by local authorities: supplementary and consequential provisions
35

5
In paragraph 21(5) of that Schedule (liability to contribute towards
maintenance of looked after child) for “allowed by the authority (under
section 23(5)) to live with” substitute “living with, under arrangements
made by the authority in accordance with section 22C,”.
6
In paragraph 9 of Schedule 8 (accommodation of children during school
5
holidays) in the second sentence of sub-paragraph (1) for “an appropriate
children’s home” substitute “a children’s home in respect of which a person
is registered under Part 2 of the Care Standards Act 2000”.
7
In paragraph 2(1) of Schedule 9A (exemption of certain establishments from
Part 10A), in paragraph (a) for “an appropriate children’s home” substitute
10
“a children’s home in respect of which a person is registered under Part 2 of
the Care Standards Act 2000”.
Criminal Justice Act 1991 (c. 53)
8     (1)
Section 61 of the Criminal Justice Act 1991 (provision by local authorities of
secure accommodation) is amended as follows.
15
      (2)
In subsection (2) for “an appropriate children’s home” substitute “a
children’s home in respect of which a person is registered under Part 2 of the
Care Standards Act 2000”.
      (3)
In subsection (5) omit the words from “and” to the end.
Children (Scotland) Act 1995 (c. 36)
20
9
In section 26 of the Children (Scotland) Act 1995 (manner in which
accommodation is to be provided) for subsection (2)(b)(i) substitute—
“(i)
a local authority in England and Wales could place
the child in a placement falling within section
22C(6)(c) of the Children Act 1989;”.
25
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
10
In paragraph 5A(3) of Schedule 6 to the Powers of Criminal Courts
(Sentencing) Act 2000 (requirement in supervision order to live with local
authority foster parent for specified period) for “23(2)(a)” substitute “22C”.
Care Standards Act 2000 (c. 14)
30
11
In section 22 of the Care Standards Act 2000 (regulation of establishments
and agencies), in subsection (2)(e), for “23(2)(a)” substitute “22C”.
12
In section 31 of that Act (inspection of establishments and agencies by
authorised persons), in subsection (3)(b), for “23(2)(a)” substitute “22C”.
13
In section 43(1) (local authority services: meaning of “relevant adoption
35
functions” and “relevant fostering functions” for paragraph (b) substitute—
“(b)
“relevant fostering functions” means functions under section
22C of the 1989 Act in connection with placements with local
authority foster parents or regulations under paragraph
12E(a), (b), (d) or (e) or 12F.”
40

Children and Young Persons Bill [HL]
Schedule 1 — Children looked after by local authorities: supplementary and consequential provisions
36

Adoption and Children Act 2002 (c. 38)
14
In Schedule 6 to the Adoption and Children Act 2002 (glossary giving certain
expressions used in that Act the meaning given by the Children Act 1989
(c. 41)), in the entry relating to “local authority foster parent” for “23(3)”
substitute “22C(12)”.
5
Sexual Offences Act 2003 (c. 42)
15
In section 21 of the Sexual Offences Act 2003 (positions of trust) in subsection
(3)(a) for “under section 23(2)” substitute “in accordance with section
22C(6)”.
16
In section 27 of that Act (family relationships) in subsection (5)(c) for sub-
10
paragraph (i) substitute “—
(i)
he is a person with whom the child has been placed
under section 22C of the Children Act 1989 in a
placement falling within subsection (6)(a) or (b) of
that section (placement with local authority foster
15
parent),
(ia)
he is a person with whom the child has been placed
under section 59(1)(a) of that Act (placement by
voluntary organisation),”.
Children Act 2004 (c. 31)
20
17
In section 49(1)(a) of the Children Act 2004 (payments to local authority
foster parents) for “23(2)(a)” substitute “22C”.
Income Tax (Trading and Other Income) Act 2005 (c. 5)
18    (1)
Section 806 of the Income Tax (Trading and Other Income) Act 2005
(meaning of providing foster care) is amended as follows.
25
      (2)
In subsection (3)(a) for “23(2)(a)” substitute “22C”.
      (3)
In subsection (5)—
(a)
after paragraph (c) omit “and”; and
(b)
after paragraph (d) insert “; and
(e)
an individual with whom the child is placed under a
30
placement falling within section 22C(6)(d) of the
Children Act 1989.”
Childcare Act 2006 (c. 21)
19    (1)
Section 18 of the Childcare Act 2006 (meaning of childcare) is amended as
follows.
35
      (2)
For subsection (5)(a)(i) substitute—
“(i)
a children’s home in respect of which a person is
registered under Part 2 of the Care Standards Act
2000,”.
      (3)
In subsection (8)—
40
(a)
in paragraph (a) omit ““appropriate children’s home”,”; and

Children and Young Persons Bill [HL]
Schedule 2 — Minor and supplementary amendments to the 1989 Act
37

(b)
in paragraph (b) after ““care home”,” insert ““children’s home”,”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
20
In section 53(7)(a) of the Safeguarding Vulnerable Groups Act 2006
(meaning of foster parent) omit “of section 23(2)(a)”.
Criminal Justice and Immigration Act 2008
5
21
In paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act
2008 (fostering requirements in youth rehabilitation orders) for “23(2)(a)”
substitute “22C”.
Schedule 2
Section 39

Minor and supplementary amendments to the 1989 Act
10
1
The 1989 Act is amended in accordance with this Schedule.
2
In section 17(4) for “Secretary of State” substitute “appropriate national
authority”.
3
In section 17A(1) for “Secretary of State” substitute “appropriate national
authority”.
15
4
In section 17B(1) for “Secretary of State” substitute “appropriate national
authority”.
5
In section 21(3), after “Secretary of State” insert “, the Welsh Ministers”.
6
In section 22(7)—
(a)
for “Secretary of State” substitute “appropriate national authority”;
20
(b)
for “he” substitute “the appropriate national authority”;
(c)
for “the authority” substitute “the local authority”.
7     (1)
Section 23 is amended as follows.
      (2)
In subsection (2), in paragraphs (a) and (f)(ii) for “Secretary of State”
substitute “appropriate national authority”.
25
      (3)
In subsection (2A)—
(a)
for the words “the Secretary of State”, in the first place where they
occur, substitute “an appropriate national authority”;
(b)
for those words in the second place where they occur, substitute
“that national authority”.
30
      (4)
In subsection (5) for “Secretary of State” substitute “appropriate national
authority”.
      (5)
In subsection (6) for “Secretary of State” substitute “appropriate national
authority”.
8     (1)
Section 23A is amended as follows.
35
      (2)
In subsection (3) for “Secretary of State” substitute “appropriate national
authority”.

Children and Young Persons Bill [HL]
Schedule 2 — Minor and supplementary amendments to the 1989 Act
38

      (3)
In subsection (5)—
(a)
for “Secretary of State” substitute “appropriate national authority”;
(b)
for “he” substitute “the appropriate national authority”.
9     (1)
Section 23B is amended as follows.
      (2)
In subsection (5) for “Secretary of State” substitute “appropriate national
5
authority”.
      (3)
In subsection (7) for “The authority” substitute “The local authority”.
      (4)
In subsection (10) for “Secretary of State” substitute “appropriate national
authority”.
10
In section 23D, in subsections (1) and (2), for “Secretary of State” substitute
10
“appropriate national authority”.
11
In section 23E(2) for “Secretary of State” substitute “appropriate national
authority”.
12
In section 24(5)(za) for “Secretary of State” substitute “appropriate national
authority”.
15
13
In section 24B(6) for “Secretary of State” substitute “appropriate national
authority”.
14
In section 24D, in subsections (1A) and (2), for “Secretary of State” substitute
“appropriate national authority”.
15
In section 25, in subsections (2) and (7), for “Secretary of State” substitute
20
“appropriate national authority”.
16    (1)
Section 26 is amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “appropriate national
authority”.
      (3)
In subsection (2D) for “National Assembly for Wales” substitute “Welsh
25
Ministers”.
      (4)
In each of subsections (3A), (3B), (3C), (4A), (5) and (6) for “Secretary of
State” substitute “appropriate national authority”.
17
In section 26ZB(1) for “Secretary of State” substitute “Welsh Ministers”
18
In section 26A, in each of subsections (3)(a) and (4), for “Secretary of State”
30
substitute “appropriate national authority”.
19
In section 27(3)(e) for “Secretary of State” substitute “appropriate national
authority”.
20
In section 29(8)(c) after “Secretary of State” insert “, the Welsh Ministers”.
21    (1)
Section 30 is amended as follows.
35
      (2)
In subsection (2) for “Secretary of State” substitute “determining authority”.
      (3)
After subsection (2) insert—
“(2A)
For the purposes of subsection (2) “the determining authority” is—
(a)
in a case where all the local authorities concerned are in
Wales, the Welsh Ministers;
40

Children and Young Persons Bill [HL]
Schedule 2 — Minor and supplementary amendments to the 1989 Act
39

(b)
in any other case, the Secretary of State.
(2B)
In a case where—
(a)
the determining authority is the Secretary of State, and
(b)
one or more of the local authorities concerned are in Wales,

the Secretary of State must consult the Welsh Ministers before
5
making a determination for the purposes of subsection (2).”
      (4)
In subsection (4) for “Secretary of State” substitute “appropriate national
authority”.
22
After section 30 insert—
“30A
Meaning of appropriate national authority
10
In this Part “the appropriate national authority” means—
(a)
in relation to England, the Secretary of State; and
(b)
in relation to Wales, the Welsh Ministers.”
23    (1)
Section 59 is amended as follows.
      (2)
In subsection (1A)—
15
(a)
for the words “the Secretary of State”, in the first place where they
occur, substitute “an appropriate national authority”; and
(b)
for those words in the second place where they occur, substitute
“that national authority”.
      (3)
In subsection (2) for “Secretary of State” substitute “appropriate national
20
authority”.
      (4)
In subsection (3) for “Secretary of State” substitute “appropriate national
authority”.
      (5)
In subsection (4) for “Secretary of State” substitute “appropriate national
authority”.
25
      (6)
After subsection (6) add—
“(7)
In this Part “appropriate national authority” means—
(a)
in relation to England, the Secretary of State; and
(b)
in relation to Wales, the Welsh Ministers.”
24
In section 62(3) for “Secretary of State” substitute “appropriate national
30
authority”.
25    (1)
Section 104 is amended as follows.
      (2)
In subsection (2) after “108(2)” insert “or one containing regulations which
fall within subsection (3B) or (3C)”.
      (3)
Omit subsection (2A).
35
      (4)
For subsection (3) substitute—
“(3A)
An order under section 4(1B) or 17(4) or regulations which fall within
subsection (3B) or (3C) shall not be made by the Secretary of State
unless a draft of the statutory instrument containing the order or
regulations has been laid before, and approved by a resolution of,
40
each House of Parliament.

Children and Young Persons Bill [HL]
Schedule 2 — Minor and supplementary amendments to the 1989 Act
40

(3B)
Regulations fall within this subsection if they are the first regulations
to be made by the Secretary of State in the exercise of the power
conferred by section 23C(5B)(b).
(3C)
Regulations fall within this subsection if they are the first regulations
to be made by the Secretary of State in the exercise of the power
5
conferred by paragraph 6(2) of Schedule 2.”
      (5)
In subsection (4)(c) omit—
(a)
the word “such”;
(b)
the words “as the person making it considers expedient”.
26
After section 104 insert—
10
“104A
Regulations and orders made by the Welsh Ministers under Part 3 etc.
(1)
Any power of the Welsh Ministers under Part 3, Part 7 or section 86A
to make an order or regulations shall be exercisable by statutory
instrument.
(2)
Any such statutory instrument, except one made under section 17(4)
15
or one containing regulations which fall within subsection (4) or (5),
shall be subject to annulment in pursuance of a resolution of the
National Assembly for Wales.
(3)
An order under section 17(4) or regulations which fall within
subsection (4) or (5) shall not be made by the Welsh Ministers unless
20
a draft of the statutory instrument containing the order or
regulations has been laid before and approved by a resolution of the
National Assembly for Wales.
(4)
Regulations fall within this subsection if they are the first regulations
to be made by the Welsh Ministers in the exercise of the power
25
conferred by section 23C(5B)(b).
(5)
Regulations fall within this subsection if they are the first regulations
to be made by the Welsh Ministers in the exercise of the power
conferred by paragraph 6(2) of Schedule 2.”
27    (1)
Schedule 2 is amended as follows.
30
      (2)
In paragraph 17(7) for “Secretary of State” substitute “appropriate national
authority”.
      (3)
In paragraph 19B, in sub-paragraphs (3) and (7), for “Secretary of State”
substitute “appropriate national authority”.
      (4)
In paragraph 20(1)(a) for “Secretary of State” substitute “appropriate
35
national authority”.
      (5)
In paragraph 25—
(a)
for “Secretary of State” substitute “appropriate national authority”;
(b)
for “they” substitute “a local authority”.
28
In paragraph 7 of Schedule 5 for “Secretary of State” substitute “appropriate
40
national authority”.