Children, Schools and Families Bill

House of Commons

Session 2009 - 10
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Children, Schools and Families Bill

Children, Schools and Families Bill
Schedule 4 — Minor and consequential amendments
Part 2 — Family proceedings
52

Administration of Justice Act 1960 (c. 65)
20    (1)
Section 12 (publication of information relating to proceedings in private) is
amended as follows.
      (2)
In subsection (1), paragraph (a) is omitted.
      (3)
After subsection (4) there is inserted—
5
“(5)
Subsection (1) is subject to Part 2 of the Children, Schools and
Families Act 2010 (family proceedings), and nothing in subsection (2)
applies in relation to a contempt of court under section 32 of that Act
(restriction on publication of information relating to family
proceedings).”
10
21
In Schedule 2 (modifications of Act in relation to Northern Ireland), in Part
2, in sub-paragraph (1) of the modifications of section 12 for “For paragraph
(a) of subsection (1) there shall be substituted” there is substituted “Before
paragraph (b) of subsection (1) there is inserted”.
Magistrates’ Courts Act 1980 (c. 43)
15
22
In section 69 (sittings of magistrates’ courts for family proceedings),
subsections (2) to (6) are omitted.
23
Section 71 (newspaper reports of family proceedings) is omitted.
24    (1)
Section 145 (rules of court: supplementary provision) is amended as follows.
      (2)
In subsection (1), in paragraph (ga), for the words from “proceedings” to
20
“1960” there is substituted “family proceedings”.
      (3)
After that subsection there is inserted—
“(1A)
In subsection (1)(ga) “family proceedings which are held in private”
means family proceedings at which the public have no right to be
present.”
25
Matrimonial and Family Proceedings Act 1984 (c. 42)
25
In section 40 (family proceedings rules), after subsection (4) there is
inserted—
“(4A)
In subsection (4)(aa) “family proceedings held in private” means
family proceedings at which the public have no right to be present.”
30
Children Act 1989 (c. 41)
26
In section 97 (privacy for children involved in certain proceedings),
subsections (2) to (9) are omitted.
27
In section 104 (regulations and orders), in subsection (1), for “, 84 or 97(4)”
there is substituted “or 84”.
35
Adoption and Children Act 2002 (c. 38)
28
In section 101 (privacy in adoption proceedings), subsection (1) is omitted.

Children, Schools and Families Bill
Schedule 5 — Repeals
Part 1 — Children and schools
53

29
In section 141 (rules of procedure), after subsection (6) there is inserted—
“(7)
In subsection (6) “proceedings held in private” means proceedings at
which the public have no right to be present.”
Courts Act 2003 (c. 39)
30
In section 76 (further provision about scope of Family Procedure Rules),
5
after subsection (2A) there is inserted—
“(2B)
In subsection (2A) “family proceedings held in private” means
family proceedings at which the general public have no right to be
present.”
Schedule 5
10
Section 45

Repeals
Part 1
Children and schools

Short title and chapter
Extent of repeal

Education Act 1996 (c. 56)
In section 19(6)—

15

(a)
the definition of “relevant school”;

(b)
in the definition of “suitable education”,

the words “(and “suitable full-time

education” is to be read accordingly)”.

Section 403(1A)(b).

20

Section 404(2).

Section 436A(3).

In section 437(3)(a), the words “that the child is

receiving suitable education, and”.

Crime and Disorder Act 1998
In section 42(3), the words “a local authority,”.

25

(c. 37)

Education Act 2002 (c. 32)
Section 30A.

Section 79(7).

In section 80—

(a)
subsection (1)(c) and (d);

30

(b)
in subsection (3)(a), the words “or sex

education”.

In section 84(3), the word “and” before

paragraph (h).

In section 85(4), the word “and” before

35

paragraph (c).

In section 133(6), the word “or” before

paragraph (b).

In section 134(5), the word “or” before

paragraph (b).

40

Education Act 2005 (c. 18)
Section 104.

Children, Schools and Families Bill
Schedule 5 — Repeals
Part 2 — Family proceedings
54

Short title and chapter
Extent of repeal

Education and Inspections Act
In section 63(1)—

2006 (c. 40)
(a)
the word “or” before paragraph (d);

(b)
the words “or joining” in that paragraph.

In section 69A—

5

(a)
subsection (5);

(b)
in subsection (8), paragraph (b) and the

word “, and” before it.

In section 69B—

(a)
in subsection (7), paragraph (b) and the

10

word “, and” before it;

(b)
in subsection (9), paragraph (b) and the

word “, and” before it.

In section 74(1), in subsection (4) of the section

85 substituted in the Education Act 2002, the

15

word “and” before paragraph (c).

Apprenticeships, Skills,
In section 206(2), the word “or” before

Children and Learning
paragraph (b).

Act 2009 (c. 22)

Part 2
20
Family proceedings

Short title and chapter
Extent of repeal

Administration of Justice Act
Section 12(1)(a).

1960 (c. 65)

Magistrates’ Courts Act 1980
Section 69(2) to (7).

25

(c. 43)
Section 71.

Section 145(1)(ga) and (1A).

Broadcasting Act 1980 (c. 64)
In Schedule 20, paragraphs 29(2) and 53.

Children Act 1989 (c. 41)
Section 97(2) to (9).

In Schedule 11, in paragraph 8(c), the words

30

“, (2), (3) and (4)” and “71(1) and (2)”.

In Schedule 13, paragraph 14.

Courts and Legal Services Act
In Schedule 16, paragraph 24.

1990 (c. 41)
In Schedule 18, paragraph 25(6).

Access to Justice Act 1999 (c. 22)
Section 72.

35

Adoption and Children Act
Section 101(1) and (2).

2002 (c. 38)
In section 101(3), the words “and (2)”.

In Schedule 3, paragraphs 38 and 39.

Courts Act 2003 (c. 39)
In Schedule 8, paragraph 337(3).

Children Act 2004 (c. 31)
Sections 62(1) and (4).

40

Constitutional Reform Act 2005
In Schedule 4, paragraph 208.

(c. 4)

Children, Schools and Families
Section 34(4)(a)(iii) (but not the word “or” after

Act 2010 (c. 00)
it).

Section 37(3)(b) (but not the word “or” after it).

45

Children, Schools and Families Bill
Schedule 5 — Repeals
Part 2 — Family proceedings
55

Short title and chapter
Extent of repeal

Children, Schools and Families
Section 38(3)(b)(ii) (but not the word “or” after

Act 2010 (c. 00)—cont.
it).

In section 41—

(a)
in subsection (1), the definition of

5

“sensitive personal information”;

(b)
subsection (3)(b).

Schedule 3.

In Schedule 4, paragraph 24.