Child Poverty Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Child Poverty Bill

Child Poverty Bill
Part 1 — National targets, strategies and reports
8

Reports by Secretary of State
13
Reports by Secretary of State
(1)
During the period beginning with the day on which a UK strategy is laid before
Parliament and ending with the target year, the Secretary of State must, on or
before each report date, lay before Parliament a report on the progress made—
5
(a)
towards meeting the targets in sections 2 to 5, and
(b)
in implementing the current UK strategy.
(2)
The report dates are each anniversary of the day on which the most recent UK
strategy was laid before Parliament.
(3)
The Secretary of State must, as soon as reasonably practicable after the end of
10
the target year, lay before Parliament a report on the progress made in
implementing the most recent UK strategy.
(4)
A report under subsection (1) or (3) must in particular—
(a)
describe the measures taken by the Secretary of State in accordance
with the most recent UK strategy,
15
(b)
describe the measures taken by the Scottish Ministers, the Welsh
Ministers and the relevant Northern Ireland department in accordance
with a Scottish strategy, a Welsh strategy or a Northern Ireland
strategy,
(c)
in the case of a report under subsection (1), describe the effect of all
20
those measures on progress towards the targets and on progress in
achieving the purpose mentioned in section 8(2)(b).
(5)
If the most recent UK strategy has not been implemented in full, the report
must describe the respects in which it has not been implemented and the
reasons for this.
25
(6)
Before preparing a report under subsection (1) or (3), the Secretary of State
must consult the Scottish Ministers, the Welsh Ministers and the relevant
Northern Ireland department.
14
Statement required in relation to target year
(1)
The report under section 13(3) must include a statement of—
30
(a)
the percentage of children living in qualifying households in the United
Kingdom in the target year who were living in households that fell
within the relevant income group for the purposes of section 2 (the
relative low income target);
(b)
the percentage of children living in qualifying households in the United
35
Kingdom in the target year who were for the purposes of section 3 (the
combined low income and material deprivation target) living in
households that fell within the relevant income group and experiencing
material deprivation;
(c)
the percentage of children living in qualifying households in the United
40
Kingdom in the target year who were living in households that fell
within the relevant income group for the purposes of section 4 (the
absolute low income target);
(d)
the percentage of children who have lived in qualifying households
during the survey years (as defined by section 5(2)) which relate to the
45
target year who have lived in households that fell within the relevant

Child Poverty Bill
Part 1 — National targets, strategies and reports
9

income group for the purposes of section 5 (the persistent poverty
target) in at least 3 of the survey years.
(2)
The statement must be based on statistics that the Statistics Board has
designated under section 12 of the Statistics and Registration Service Act 2007
(assessment) as National Statistics.
5
(3)
Whether the targets in sections 2 to 5 have been met in relation to the target
year is to be determined by reference to the percentages given in the statement.
(4)
If any of the targets in sections 2 to 5 has not been met, the report under section
13(3) must explain why it has not been met.
Economic and fiscal circumstances
10
15
Economic and fiscal circumstances
(1)
The matters mentioned in subsection (2) must be taken into account—
(a)
by the Secretary of State in preparing a UK strategy;
(b)
by the Commission in considering any advice to be given to the
Secretary of State, the Scottish Ministers or the relevant Northern
15
Ireland department.
(2)
Those matters are—
(a)
economic circumstances and in particular the likely impact of any
measure on the economy;
(b)
fiscal circumstances and in particular the likely impact of any measure
20
on taxation, public spending and public borrowing.
(3)
In preparing a Scottish strategy or a Northern Ireland strategy, the Scottish
Ministers or the relevant Northern Ireland department must have regard to—
(a)
the resources that are or may be available to them, and
(b)
the effect of the implementation of the strategy on those resources.
25
Continuing effect of targets after target year
16
Continuing effect of targets after target year
Schedule 2 contains provision about the effect of the targets in sections 2 to 5 in
relation to financial years after the target year.
Supplementary
30
17
Interpretation of Part 1
(1)
In this Part—
“the Commission” means the Child Poverty Commission;
“financial year” means the 12 months ending with 31 March;
“Northern Ireland strategy” has the meaning given by section 11(2);
35
“parent” means an individual having parental responsibility, as defined
by subsection (3), for a child;
“the relevant Northern Ireland department” means the Office of the First
Minister and deputy First Minister;

Child Poverty Bill
Part 2 — Duties of local authorities and other bodies in England
10

“Scottish strategy” has the meaning given by section 10(2);
“target year” (except in the expression “renewed target year”) has the
meaning given by section 1(2);
“UK strategy” has the meaning given by section 8(2);
“Welsh strategy” means a strategy prepared by the Welsh Ministers under
5
Part 1 of the Children and Families (Wales) Measure 2009.
(2)
In this Part “qualifying household” and other terms relating to households are
to be read in accordance with section 6.
(3)
In the definition of “parent” in subsection (1), the reference to “parental
responsibility”—
10
(a)
in relation to England and Wales, is to be read in accordance with the
Children Act 1989,
(b)
in relation to Northern Ireland, is to be read in accordance with the
Children (Northern Ireland) Order 1995, and
(c)
in relation to Scotland, is to be read as a reference to parental
15
responsibilities within the meaning of the Children (Scotland) Act 1995.
Part 2
Duties of local authorities and other bodies in England
18
Responsible local authorities
For the purposes of this Part, each of the following is a responsible local
20
authority—
(a)
a county council in England;
(b)
a district council in England, other than a council for a district in a
county for which there is a county council;
(c)
a London borough council;
25
(d)
the Council of the Isles of Scilly;
(e)
the Common Council of the City of London in its capacity as a local
authority.
19
Partner authorities
(1)
For the purposes of this Part, each of the following is a partner authority in
30
relation to a responsible local authority—
(a)
any person mentioned in subsection (2) who acts or is established for an
area which, or any part of which, coincides with or falls within the
responsible local authority’s area;
(b)
the person mentioned in subsection (3).
35
(2)
The persons referred to in subsection (1)(a) are—
(a)
any district council which is not a responsible local authority;
(b)
a police authority;
(c)
a chief officer of police;
(d)
an Integrated Transport Authority for an integrated transport area in
40
England;
(e)
Transport for London;
(f)
a Strategic Health Authority;

Child Poverty Bill
Part 2 — Duties of local authorities and other bodies in England
11

(g)
a Primary Care Trust;
(h)
a youth offending team established under section 39 of the Crime and
Disorder Act 1998.
(3)
The person referred to in subsection (1)(b) is the Secretary of State, but only in
relation to—
5
(a)
the Secretary of State’s functions under section 2 of the Employment
and Training Act 1973 (arrangements with respect to obtaining etc.
employment or employees);
(b)
the Secretary of State’s functions under sections 2 and 3 of the Offender
Management Act 2007 (responsibility for ensuring provision of
10
probation services throughout England and Wales).
(4)
The Secretary of State’s functions under this Part as a partner authority of a
local authority in relation to the functions referred to in subsection (3)(b) are
functions to which section 2(1)(c) of the Offender Management Act 2007
(functions to be performed through arrangements under section 3 of that Act)
15
applies.
(5)
In subsection (1)(a), references to the area for which a person acts or is
established are references—
(a)
in the case of the Commissioner of Police of the Metropolis, to the
metropolitan police district (within the meaning of the Police Act 1996);
20
(b)
in the case of the Commissioner of the City of London Police, to the City
of London police area (within the meaning of that Act);
(c)
in the case of any other chief officer of police, to the police area listed in
Schedule 1 to that Act for which the chief officer’s police force is
maintained;
25
(d)
in the case of Transport for London, Greater London.
(6)
The Secretary of State may by order—
(a)
amend subsection (2) or (3) by—
(i)
adding to it any person who has functions of a public nature;
(ii)
removing from it any person for the time being mentioned in it;
30
or
(iii)
adding to subsection (3) any function of the Secretary of State or
removing from it any function for the time being mentioned in
it; and
(b)
make such other amendments of this section as appear to the Secretary
35
of State to be necessary or expedient in consequence of provision made
under paragraph (a).
(7)
Before making an order under subsection (6) the Secretary of State must
consult such representatives of local government and such other persons (if
any) as the Secretary of State thinks fit.
40
20
Co-operation to reduce child poverty in local area
(1)
Each responsible local authority must make arrangements to promote co-
operation between—
(a)
the authority;
(b)
each of its partner authorities; and
45
(c)
such other persons or bodies as the authority thinks fit.

Child Poverty Bill
Part 2 — Duties of local authorities and other bodies in England
12

(2)
The arrangements are to be made with a view to reducing, and mitigating the
effects of, child poverty in the responsible local authority’s area.
(3)
Each partner authority must co-operate with the responsible local authority in
the making of arrangements under this section.
(4)
The responsible local authority and each partner authority must, in exercising
5
their functions under this section, have regard to any guidance given to them
for the purpose by the Secretary of State.
(5)
A responsible local authority and any partner authority may for the purposes
of arrangements under this section—
(a)
provide staff, goods, services, accommodation or other resources;
10
(b)
establish and maintain a pooled fund.
(6)
A pooled fund is a fund—
(a)
which is made up of contributions by the responsible local authority
and the partner authority or authorities concerned, and
(b)
out of which payments may be made towards expenditure incurred in
15
the discharge of functions of the responsible local authority and
functions of the partner authority or authorities.
21
Local child poverty needs assessment
(1)
The arrangements made by a responsible local authority under section 20 must
include arrangements to prepare and publish an assessment of the needs of
20
children living in poverty in its area (“a local child poverty needs assessment”).
(2)
The Secretary of State may by regulations make provision about local child
poverty needs assessments.
(3)
Those regulations may in particular include provision as to—
(a)
matters that must be considered in a local child poverty needs
25
assessment;
(b)
when and how an assessment must be published;
(c)
keeping an assessment under review;
(d)
when and how an assessment must be revised;
(e)
consultation to be carried out during the preparation or revision of an
30
assessment;
(f)
other steps required or permitted to be taken in connection with the
preparation or revision of an assessment.
(4)
The responsible local authority and each partner authority must, in exercising
their functions under this section, have regard to any guidance given to them
35
for the purpose by the Secretary of State.
22
Joint child poverty strategy for local area
(1)
The arrangements made by a responsible local authority under section 20 must
include arrangements to prepare a joint child poverty strategy in relation to its
area and to modify it in accordance with this section.
40
(2)
The joint child poverty strategy must set out the measures that the responsible
local authority and each partner authority propose to take for the purpose of
reducing, and mitigating the effects of, child poverty in the responsible local
authority’s area.

Child Poverty Bill
Part 2 — Duties of local authorities and other bodies in England
13

(3)
Those measures—
(a)
must include measures relating to matters identified in a local child
poverty needs assessment;
(b)
may include measures relating to other matters identified by the
responsible local authority or a partner authority in connection with
5
child poverty in the responsible local authority’s area.
(4)
The responsible local authority may at any time modify the joint child poverty
strategy.
(5)
When a responsible local authority revises a local child poverty needs
assessment it must consider whether any modification of the joint child
10
poverty strategy is required.
(6)
In preparing or modifying the joint child poverty strategy, the responsible local
authority—
(a)
must consult such children, or organisations working with or
representing children, as the authority thinks fit;
15
(b)
may consult such other persons or bodies as the authority thinks fit.
(7)
The responsible local authority and each partner authority must, in exercising
their functions under this section, have regard to any guidance given to them
for the purpose by the Secretary of State.
(8)
The responsible local authority and each partner authority must have regard to
20
the joint child poverty strategy in exercising their functions.
(9)
References in this section to a local child poverty needs assessment are to a
local child poverty needs assessment prepared by the responsible local
authority under section 21.
23
Sustainable community strategy
25
In section 4 of the Local Government Act 2000 (strategies for promoting well-
being), in subsection (3)—
(a)
omit the word “and” immediately after sub-paragraph (ii) of paragraph
(a), and
(b)
after paragraph (a) insert—
30
“(aa)
must, if it is a local authority in England, have regard to
the following, so far as they relate to the authority’s
area—
(i)
any arrangements made under section 20 of the
Child Poverty Act 2009 (co-operation to reduce
35
child poverty in local area);
(ii)
any local child poverty needs assessment
prepared under section 21 of that Act (local child
poverty needs assessment);
(iii)
any joint child poverty strategy prepared under
40
section 22 of that Act (joint child poverty
strategy for local area), and”.
24
Meaning of “child poverty” in Part 2
(1)
This section has effect for the interpretation of this Part.

Child Poverty Bill
Part 3 — General
14

(2)
A child is to be taken to be living in poverty if the child experiences socio-
economic disadvantage, and references to “child poverty” have a
corresponding meaning.
(3)
Without limiting subsection (2), a child is to be taken to experience socio-
economic disadvantage during any period in which—
5
(a)
the child lives in a household that falls within the relevant income
group for the purposes of section 2 (the relative low income target) or
section 4 (the absolute low income target), or
(b)
the child lives in a household that falls within the relevant income
group for the purposes of subsection (1)(a) of section 3 (combined low
10
income and material deprivation target) and is regarded for the
purposes of subsection (1)(b) of that section as experiencing material
deprivation.
(4)
Expressions used in subsection (3) and in Part 1 of this Act have the same
meaning in that subsection as in that Part.
15
Part 3
General
25
General interpretation
In this Act—
“child” means—
20
(a)
a person under the age of 16, or
(b)
a person who is a qualifying young person for the purposes of
Part 9 of the Social Security Contributions and Benefits Act 1992
or Part 9 of the Social Security Contributions and Benefits
(Northern Ireland) Act 1992 (child benefit);
25
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State under this
Act.
26
Regulations and orders
(1)
Any power to make regulations or an order under this Act is exercisable by
30
statutory instrument.
(2)
Any regulations or order under this Act may—
(a)
make different provision for different cases,
(b)
include supplementary, incidental and consequential provision, and
(c)
make transitional provisions and savings.
35
(3)
A power conferred by any provision of this Act to make regulations or an order
includes power to provide for a person to exercise a discretion in dealing with
any matter.
(4)
A statutory instrument containing—
(a)
regulations under any provision of this Act, other than regulations
40
made only under section 4(3) or 21(2), or
(b)
an order under section 7(4),