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Children, Schools and Families Bill


Children, Schools and Families Bill
Part 2 — Family proceedings

32

 

37      

Prohibiting or restricting publication for purposes of section 34

(1)   

The court may not prohibit or restrict the publication of information for the

purposes of Condition 5 in section 34 unless subsection (2) or (3) applies (or

both subsections apply).

(2)   

This subsection applies if the court is satisfied that in the absence of the

5

prohibition or restriction there is a real risk that the publication would

prejudice—

(a)   

the safety of any person,

(b)   

the welfare of a child or vulnerable adult, or

(c)   

the interests of justice in the proceedings in question.

10

(3)   

This subsection applies if the information is identification information relating

to a professional witness in the proceedings and—

(a)   

the information is also identification information relating to—

(i)   

another individual involved in the proceedings (other than a

professional witness in the proceedings),

15

(ii)   

an individual referred to in the proceedings, or

(iii)   

an individual otherwise connected with the proceedings,

(b)   

the information is also sensitive personal information relating to the

proceedings, or

(c)   

the court is satisfied that the professional witness is, has been or will be

20

involved in the care or treatment of an individual involved in, referred

to in or otherwise connected with, the proceedings, otherwise than for

the purpose of being a professional witness in the proceedings.

38      

Defences to contempt of court

(1)   

A person is not guilty of a contempt of court under section 32 by reason of the

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publication of information relating to relevant family proceedings if subsection

(2) or (3) applies.

(2)   

This subsection applies if the person proves that at the time of the publication

the person did not know and had no reason to suspect that the information was

information relating to the proceedings.

30

(3)   

This subsection applies if the person proves that—

(a)   

the publication of the information would be an authorised news

publication but for the failure to meet Condition 3 in section 34, and

(b)   

at the time of the publication the person did not know and had no

reason to suspect that the information was—

35

(i)   

identification information relating to an individual involved in

or referred to in the proceedings,

(ii)   

sensitive personal information relating to the proceedings, or

(iii)   

restricted adoption information or restricted parental

information.

40

39      

Appeals against decisions under section 33 or 34

(1)   

Rules of court—

(a)   

may make provision about appeals against decisions within subsection

(2) (including provision which modifies provision made by or under

any Act as it applies to such appeals), and

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Children, Schools and Families Bill
Part 2 — Family proceedings

33

 

(b)   

to the extent that provision is not made by or under any Act for appeals

against such decisions, must make such provision (including provision

about the route of such appeals).

(2)   

Those decisions are—

(a)   

decisions to permit, or refuse to permit, publication of information for

5

the purposes of section 33 or Condition 3 in section 34,

(b)   

decisions to impose, or refuse to impose, conditions on permission

granted for those purposes, and

(c)   

decisions to prohibit or restrict, or refuse to prohibit or restrict,

publication of information for the purposes of section 33 or Condition

10

5 in section 34.

40      

Power to alter treatment of sensitive personal information

(1)   

Schedule 2 (which contains amendments which alter the treatment under this

Part of sensitive personal information) has effect.

(2)   

In this section “the Part 2 amending provisions” means the provisions of that

15

Schedule and any related repeal in Schedule 5.

(3)   

The Lord Chancellor may not make an order under section 48(4) bringing into

force any of the Part 2 amending provisions unless—

(a)   

the Lord Chancellor has carried out a review of the operation of this

Part, and

20

(b)   

the conclusions of the review have been set out in a report which has

been laid before Parliament.

(4)   

No review for the purposes of subsection (3)(a) may be commenced before the

end of the period of 18 months beginning with the time section 32 comes into

force.

25

(5)   

Where section 32 is initially brought into force for one or more specified

purposes only, the reference in subsection (4) to the time that section comes

into force is to the earliest time it comes into force for any purpose.

(6)   

A statutory instrument containing an order under section 48(4) bringing into

force any of the Part 2 amending provisions may not be made unless a draft of

30

the instrument containing the order has been laid before, and approved by a

resolution of, each House of Parliament.

41      

Interpretation of Part 2, etc

(1)   

In this Part—

“accredited news representative”, in relation to any proceedings, means a

35

representative of one or more news organisations who is a member of

a class of representatives of news organisations on which rules of court

confer a right to attend the proceedings;

“child” means a person under the age of 18;

“court” includes a judge and any person exercising the functions of a court

40

or a judge;

“identification information”, in relation to an individual involved in,

referred to in or otherwise connected with proceedings, means

information the publication of which is likely to lead one or more

 
 

Children, Schools and Families Bill
Part 2 — Family proceedings

34

 

persons to identify the individual as someone who is or has been

involved in, referred to in or otherwise connected with the proceedings;

“information” includes opinion;

“information relating to the proceedings” includes—

(a)   

any information contained in documents filed with the court in

5

relation to the proceedings,

(b)   

any identification information which relates to an individual

involved in, referred to in or otherwise connected with the

proceedings, and

(c)   

any information the publication of which is likely to lead one or

10

more persons to identify that a person who is involved in,

referred to in or otherwise connected with the proceedings is to

be found at a particular location;

“judgment” includes a record produced by the court of its reasons for a

decision;

15

“news organisation” means a news gathering or reporting organisation;

“professional witness”, in any proceedings, means a person—

(a)   

who has given, or whom it is proposed will give, written or oral

evidence in the proceedings in exchange for a fee, and

(b)   

whose instruction by a party to the proceedings has been

20

authorised by the court for the purposes of the proceedings;

“publication” includes disclosure or communication in any form to any

person or persons;

“publisher” means—

(a)   

where the information is published in a newspaper or

25

periodical, any proprietor, any editor and any publisher of the

newspaper or periodical;

(b)   

where the information is published in a relevant programme—

(i)   

any body corporate or Scottish partnership engaged in

providing the programme service in which the

30

programme is included, and

(ii)   

any person having functions in relation to the

programme corresponding to those of an editor of a

newspaper;

(c)   

in the case of any other publication of information, any person

35

publishing it;

“relevant family proceedings” has the meaning given by section 32;

“relevant programme” means a programme included in a programme

service, within the meaning of the Broadcasting Act 1990;

“restricted adoption information” has the meaning given by section 36;

40

“restricted parental order information” has the meaning given by section

36;

“sensitive personal information”, in relation to any proceedings, means

information listed in Schedule 3.

(2)   

For the purposes of this Part an individual is “involved” in proceedings if the

45

individual—

(a)   

is or was a party to the proceedings or the subject of the proceedings, or

(b)   

is a person called, or whom it is proposed to call, as a witness in the

proceedings.

(3)   

The Lord Chancellor may, by order made by statutory instrument, amend—

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Children, Schools and Families Bill
Part 3 — Miscellaneous and final provisions

35

 

(a)   

the definition of “professional witness” in subsection (1);

(b)   

Schedule 3 (list of sensitive personal information).

(4)   

An order under subsection (3) may make transitional provision or savings.

(5)   

A statutory instrument containing an order under subsection (3) may not be

made unless a draft of the statutory instrument containing the order has been

5

laid before, and approved by a resolution of, each House of Parliament.

(6)   

Nothing in this Part prejudices any other power a court may have to prevent

or restrict the publication of information relating to relevant family

proceedings.

(7)   

No provision of this Part (or of Part 2 of Schedule 4 or Part 2 of Schedule 5)

10

applies in relation to relevant family proceedings concluded before the coming

into force of the provision in question.

Part 3

Miscellaneous and final provisions

42      

Fees for pre-registration inspections of independent educational institutions

15

In section 111 of ESA 2008 (fees for inspections of independent educational

institutions by Chief Inspector), in subsection (6) (institutions to which the

section applies), for “any registered independent educational institution that is

not” there is substituted “any independent educational institution that is

registered, or is the subject of an application to be registered, other than”.

20

43      

Interpretation of Act

(1)   

In this Act—

“EA 1996” means the Education Act 1996;

“SSFA 1998” means the School Standards and Framework Act 1998;

“THEA 1998” means the Teaching and Higher Education Act 1998;

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“EA 2002” means the Education Act 2002;

“CA 2004” means the Children Act 2004;

“EA 2005” means the Education Act 2005;

“EIA 2006” means the Education and Inspections Act 2006;

“ESA 2008” means the Education and Skills Act 2008;

30

“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning

Act 2009.

(2)   

EA 1996 and sections 1 and 16 of this Act are to be read as if those sections were

contained in that Act.

44      

Amendments and repeals

35

Schedules 4 (minor and consequential amendments) and 5 (repeals) have

effect.

45      

Financial provisions

(1)   

There is to be paid out of money provided by Parliament—

 
 

Children, Schools and Families Bill
Part 3 — Miscellaneous and final provisions

36

 

(a)   

any expenditure under this Act of a Minister of the Crown;

(b)   

any increase attributable to this Act in the sums payable out of money

so provided under any other enactment.

(2)   

There is to be paid into the Consolidated Fund any increase attributable to this

Act in the sums payable into that Fund under any other enactment.

5

46      

Transitional provision

(1)   

Until a section 162(1)(a) order comes into force, a reference to a local authority

in any provision of this Act (including any provision inserted by this Act in

another Act) is to be read as a reference to a local education authority.

(2)   

In subsection (1) “section 162(1)(a) order” means an order under subsection (1)

10

of section 162 of EIA 2006 containing provision made by virtue of paragraph

(a) of that subsection (power to replace statutory references to local education

authorities with references to local authorities).

47      

Extent

(1)   

This Act does not extend to Scotland or (subject to subsection (2)) to Northern

15

Ireland.

(2)   

An amendment or repeal by this Act of a provision that extends to Northern

Ireland has the same extent as the provision amended or repealed.

48      

Commencement

(1)   

Sections 43 and 45 to 49 come into force on the day on which this Act is passed.

20

(2)   

Sections 27 and 42 come into force at the end of the period of 2 months

beginning with the day on which this Act is passed.

(3)   

Section 29 comes into force on whatever day the Welsh Ministers appoint by

order made by statutory instrument.

(4)   

The following provisions come into force on whatever day or days the Lord

25

Chancellor appoints by order made by statutory instrument—

(a)   

Part 2;

(b)   

Part 2 of Schedule 4 and Part 2 of Schedule 5 (and section 44 so far as

relating to those Parts).

(5)   

The other provisions of this Act come into force on whatever day or days the

30

Secretary of State appoints by order made by statutory instrument.

(6)   

An order under subsection (3), (4) or (5)—

(a)   

may make different provision for different purposes or different areas;

(b)   

may make incidental, consequential, supplemental, transitional or

transitory provision or savings.

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49      

Short title etc

(1)   

This Act may be cited as the Children, Schools and Families Act 2010.

(2)   

This Act is to be included in the list of Education Acts set out in section 578 of

EA 1996.

 
 

 
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