Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
97

183
Minor and consequential amendments
Schedule 12 contains minor and consequential amendments relating to the
provision made by this Part (and by Part 7).
Part 9
Children’s services
5
Co-operation to improve well-being of children
184
Arrangements to promote co-operation
(1)
Section 10 of the Children Act 2004 (c. 31) (co-operation to improve well-being)
is amended as set out in subsections (2) to (5).
(2)
In subsection (4)—
10
(a)
after paragraph (f) insert—
“(fa)
the governing body of a maintained school that is
maintained by the authority in their capacity as a local
education authority;
(fb)
the proprietor of a school approved by the Secretary of
15
State under section 342 of the Education Act 1996 and
situated in the authority’s area;
(fc)
the proprietor of a city technology college, city college
for the technology of the arts or Academy situated in the
authority’s area;
20
(fd)
the governing body of an institution within the further
education sector the main site of which is situated in the
authority’s area;
(fe)
the Secretary of State, in relation to the Secretary of
State’s functions under section 2 of the Employment and
25
Training Act 1973.”;
(b)
omit paragraph (g).
(3)
After subsection (5) insert—
“(5A)
For the purposes of arrangements under this section a relevant person
or body may—
30
(a)
provide staff, goods, services, accommodation or other
resources to another relevant person or body;
(b)
make contributions to a fund out of which relevant payments
may be made.”
(4)
Omit subsections (6) and (7).
35
(5)
After subsection (9) insert—
“(10)
In deciding for the purposes of subsection (4)(fd) whether the main site
of an institution within the further education sector is situated within
the area of a children’s services authority, the authority and the
governing body of the institution must have regard to any guidance
40
given to them by the Secretary of State.
(11)
In this section—

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
98

“governing body”, in relation to an institution within the further
education sector, has the meaning given by section 90 of the
Further and Higher Education Act 1992;
“institution within the further education sector” has the meaning
given by section 4(3) of the Education Act 1996;
5
“maintained school” has the meaning given by section 39(1) of the
Education Act 2002;
“proprietor”, in relation to a city technology college, city college
for the technology of the arts, Academy or other school, means
the person or body of persons responsible for its management;
10
“relevant payment”, in relation to a fund, means a payment in
respect of expenditure incurred, by a relevant person or body
contributing to the fund, in the exercise of its functions;
“relevant person or body” means—
(a)
a children’s services authority in England;
15
(b)
a relevant partner of a children’s services authority in
England.”
185
Children’s Trust Boards
(1)
Part 2 of the Children Act 2004 (c. 31) (children’s services in England) is
amended as set out in subsections (2) to (5).
20
(2)
After section 12 insert—
“Children’s Trust Boards
12A
Establishment of CTBs
(1)
Arrangements made by a children’s services authority in England
under section 10 must include arrangements for the establishment of a
25
Children’s Trust Board for their area.
(2)
A Children’s Trust Board must include a representative of each of the
following—
(a)
the establishing authority;
(b)
each of the establishing authority’s relevant partners (subject to
30
subsection (4)).
(3)
A Children’s Trust Board may also include any other persons or bodies
that the establishing authority, after consulting each of their relevant
partners, think appropriate.
(4)
A Children’s Trust Board need not include any of the establishing
35
authority’s relevant partners who are of a description prescribed by
regulations made by the Secretary of State.
(5)
Subsection (2) does not require a Children’s Trust Board to include a
separate representative for each of the persons or bodies mentioned in
subsection (2)(a) and (b).
40
(6)
Where two or more children’s services authorities jointly make
arrangements under section 10 for the establishment of a Children’s
Trust Board, references in sections 12B and 17 to the area of the
authority that established the Board are to be read as references to an
area consisting of the combined areas of those authorities.
45

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
99

(7)
For the purposes of this section and sections 12B and 12C—
(a)
“the establishing authority”, in relation to a Children’s Trust
Board, is the children’s services authority that establishes the
Board;
(b)
a person or body is a “relevant partner” of a children’s services
5
authority if it is a relevant partner of the authority for the
purposes of section 10.
12B
Functions and procedures of CTBs
(1)
The functions of a Children’s Trust Board are—
(a)
those conferred by or under section 17 or 17A (children and
10
young people’s plans);
(b)
any further functions conferred by regulations made by the
Secretary of State.
(2)
Regulations under subsection (1)(b) may confer a function on a
Children’s Trust Board only if the function relates to improving the
15
well-being of children or relevant young persons in the area of the
establishing authority.
(3)
In subsection (2) “well-being” means well-being so far as relating to one
or more of the matters specified in section 10(2)(a) to (e).
(4)
A Children’s Trust Board must have regard to any guidance given to it
20
by the Secretary of State in connection with—
(a)
the procedures to be followed by it;
(b)
the exercise of its functions.
(5)
In this section “relevant young persons” means persons, other than
children, in relation to whom arrangements under section 10 may be
25
made.
12C
Funding of CTBs
(1)
The establishing authority and any of their relevant partners
represented on a Children’s Trust Board may make payments towards
expenditure incurred by, or for purposes connected with, the Board—
30
(a)
by making the payments directly; or
(b)
by contributing to a fund out of which the payments may be
made.
(2)
The establishing authority and any of their relevant partners
represented on a Children’s Trust Board may provide staff, goods,
35
services, accommodation or other resources for purposes connected
with the functions of the Board.
(3)
Two or more Children’s Trust Boards may establish and maintain a
pooled fund for the purposes of any of their functions.
(4)
A pooled fund is a fund—
40
(a)
which is made up of contributions by the Boards concerned,
and
(b)
out of which payments may be made towards expenditure
incurred in the discharge of functions of any of the Boards.

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
100

12D
Supply of information to CTBs
(1)
A person or body represented on a Children’s Trust Board must supply
to the Board any information requested by the Board for the purpose of
enabling or assisting it to perform its functions.
(2)
Information supplied to a Children’s Trust Board under this section
5
may be used by the Board only for the purpose of enabling or assisting
it to perform its functions.
(3)
Information requested under subsection (1) must be information that
relates to—
(a)
the person or body to whom the request is made;
10
(b)
a function of that person or body, or
(c)
a person in respect of whom a function is exercisable by that
person or body.”
(3)
For section 17 substitute—
“17
Children and young people’s plans
15
(1)
The Secretary of State may by regulations require a Children’s Trust
Board established by virtue of arrangements under section 10 from
time to time to prepare and publish a children and young people’s plan.
(2)
A children and young people’s plan is a plan setting out the strategy of
the persons or bodies represented on the Board for co-operating with
20
each other with a view to improving the well-being of children and
relevant young persons in the area of the authority that established the
Board.
(3)
In subsection (2) “well-being” means well-being so far as relating to the
matters specified in section 10(2)(a) to (e).
25
(4)
Regulations under this section may in particular make provision as
to—
(a)
the matters to be dealt with in a children and young people’s
plan;
(b)
the period to which a children and young people’s plan is to
30
relate;
(c)
when and how a children and young people’s plan must be
published;
(d)
keeping a children and young people’s plan under review;
(e)
revising a children and young people’s plan;
35
(f)
consultation to be carried out during preparation or revision of
a children and young people’s plan;
(g)
other steps required or permitted to be taken in connection with
the preparation or revision of a children and young people’s
plan.
40
(5)
In this section “relevant young persons” means persons, other than
children, in relation to whom arrangements under section 10 may be
made.