Consideration of Bill: 8th October 2008

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Children and Young Persons Bill [Lords] continued

NEW SCHEDULE

Secretary Ed Balls

NS1

To move the following Schedule:—

‘Transitory modifications of Schedule 2 to the 1989 Act

1	Paragraph 12 of Schedule 2 to the 1989 Act (regulations as to placing of

children with local authority foster parents) has effect as if paragraphs (d) and

(g) were omitted.

2	That Schedule has effect as if, after paragraph 12, there were inserted—

“12A (1)

Regulations under section 23(2)(a) may, in particular, also make

provision—

(a)	for securing that a child is not placed with a local authority

foster parent unless that person is for the time being

approved as a local authority foster parent by such local

authority as may be prescribed;

(b)	establishing a procedure under which any person in respect

of whom a qualifying determination has been made may

apply to the appropriate national authority for a review of

that determination by a panel constituted by that national

authority.

(2)	A determination is a qualifying determination if—

(a)	it relates to the issue of whether a person should be

approved, or should continue to be approved, as a local

authority foster parent; and

(b)	it is of a prescribed description.

(3)	Regulations made by virtue of sub-paragraph (1)(b) may include

provision as to—

(a)	the duties and powers of a panel;

(b)	the administration and procedures of a panel;

(c)	the appointment of members of a panel (including the

number, or any limit on the number, of members who may

be appointed and any conditions for appointment);

(d)	the payment of fees to members of a panel;

(e)	the duties of any person in connection with a review

conducted under the regulations;

(f)	the monitoring of any such reviews.

(4)	Regulations made by virtue of sub-paragraph (3)(e) may impose a

duty to pay to the appropriate national authority such sum as that

national authority may determine; but such a duty may not be

imposed upon a person who has applied for a review of a qualifying

determination.

(5)	The appropriate national authority must secure that, taking one

financial year with another, the aggregate of the sums which

become payable to it under regulations made by virtue of sub-

paragraph (4) does not exceed the cost to it of performing its

independent review functions.

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Children and Young Persons Bill [Lords] continued

(6)	The appropriate national authority may make an arrangement with

an organisation under which independent review functions are

performed by the organisation on the national authority’s behalf.

(7)	If the appropriate national authority makes such an arrangement

with an organisation, the organisation is to perform its functions

under the arrangement in accordance with any general or special

directions given by that national authority.

(8)	The arrangement may include provision for payments to be made to

the organisation by the appropriate national authority.

(9)	Payments made by the appropriate national authority in accordance

with such provision shall be taken into account in determining (for

the purpose of sub-paragraph (5)) the cost to that national authority

of performing its independent review functions.

(10)	Where the Welsh Ministers are the appropriate national authority,

sub-paragraphs (6) and (8) also apply as if references to an

organisation included references to the Secretary of State.

(11)	In this paragraph—

  “financial year” means a period of twelve months ending with 31st

March;

  “independent review function” means a function conferred or

imposed on a national authority by regulations made by virtue of

sub-paragraph (1)(b);

  “organisation” includes a public body and a private or voluntary

organisation.

12B	Regulations under section 23(2)(a) may, in particular, also make

provision as to the circumstances in which local authorities may

make arrangements for duties imposed on them by the regulations

to be discharged on their behalf.”’.

John Austin

15

Title,  line  7,  after ‘adoption;’, insert ‘to make provision about the power of parents to use

force;’.

Mr Kevin Barron

Julie Morgan

John Bercow

Annette Brooke

Mr Elfyn Llwyd

Dr Richard Taylor

Total signatories: 30

Natascha Engel

Mr Martin Caton

16

Title,  line  7,  after ‘adoption;’, insert ‘to abolish corporal punishment of children;’.

Consideration of Bill: 8th October 2008

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Tim Loughton

Miss Julie Kirkbride

Mr Edward Timpson

Mr Andrew Turner

Angela Watkinson

17

Title,  line  7,  after ‘adoption;’, insert ‘to make provision for the establishment of a chief

social worker;’.

Order of the House [16th June 2008]

That the following provisions shall apply to the Children and Young Persons Bill

[Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 3rd July 2008.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Issue of written judgement relating to a court order in family proceedings

John Hemming

Sir Nicholas Winterton

Ms Dari Taylor

Mr Dai Davies

NC9

To move the following Clause:—

‘(1)	The 1989 Act is amended as follows.

Consideration of Bill: 8th October 2008

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Children and Young Persons Bill [Lords] continued

(2)	After section 8 insert—

“8A	Issue of written judgement relating to a court order in family

proceedings

(1)	When issuing an order in any family proceedings a court shall issue a

written judgement in respect of that order.

(2)	No children under the age of 16 shall be identified by name in that

judgement.

(3)	A judgement issued under subsection (1) will be issued to all parties to

the proceedings.

(4)	Parents of children in family proceedings, who were party to those

proceedings, may publish the judgement issued under subsection (1).

(5)	Parents of children in family proceedings, who were party to those

proceedings, may publish any other documents that are part of such

proceedings on the condition that documents are redacted to remove the

names of any children under 16.”’.

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Revised 8 October 2008