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Consideration of Bill: 8th October 2008                  

3111

 

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.


 
 

Consideration of Bill: 8th October 2008                  

3112

 

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                  

3113

 

Children and Young Persons Bill [Lords] continued

 
 

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                  

3114

 

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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