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Amendments Nos. 95 to 100 all relate to emergency order-making procedures and are designed to clarify and improve existing arrangements. I hope to move Amendment No. 95 as shortly as I can. The amendment will ensure that the order stipulates the precise time when emergency procedures will take effect, not just the date. It also means that orders cannot be applied retrospectively.
Amendments Nos. 96 and 97 are both designed to modernise the legislation by updating the language used in the original Children Act 1989. The amendments remove Latin and replace the phrase, "ex parte" with clear English, "without notice".
Amendments Nos. 98, 99 and 100 improve the clarity of the drafting and simplify the emergency order application procedure. The amendments confirm, first, that an emergency order must be made in writing, although an application may be made orally. Secondly, they make it clear that the registered person will receive an actual copy of the order, rather than,
I shall now move on to Amendment No. 101. Part of this amendment is required as a consequence of Amendments Nos. 92 to 94--the transfer of emergency order applications from the tribunal back to the magistrates' courts, which was agreed by the House a few minutes ago. This amendment removes now redundant appeal arrangements. These were originally put in place to ensure that the tribunal set up to make an emergency order would be constituted differently from the tribunal set up to hear an appeal against that order. None of this now applies, since the order will be made by the JP and the tribunal will hear the appeal.
Next I shall take the other part of Amendments No. 101 to 104 together. These relate to appeals against the registration authority--for example, as a result of registration cancellation or as a result of a magistrate's emergency order. Essentially, these amendments simplify and bring increased coherence to current drafting by merging existing provisions. The result will provide greater procedural clarity for the appellant and more consistency across the Bill.
Amendment No. 106 is again technical in nature. It corrects an inaccurate reference to the provisions dealing with inspections in the School Inspection Act 1996 so that it refers to the provisions dealing with report of the inspection.
Amendment No. 108 exempts residential family centres from regulation under Part XA. Residential family centres are social care settings to be regulated by the national care standards commission. However, there may be occasions when "day care" is taking place at the centre, bringing them--technically--within the Part XA regulatory framework. This amendment avoids imposing the burden of two regulatory systems on the provider by specifically exempting family centres from Part XA day care regulation.
Amendments Nos. 192 and 195 to 202 are consequential amendments to the Children Act 1989, the Education Act 1996, the Police Act 1997 and the Protection of Children Act 1999. In the main, those amendments simply add references to the new Part XA of the Children Act. I am sure the House will be delighted that I do not intend to go into the details of them this evening. I beg to move.
("( ) An order under subsection (1) shall be made in writing.").
Page 36, leave out line 29 and insert--
("(a) a copy of the order;").
Page 36, line 30, leave out from first ("of") to end of line 31 and insert ("any written statement of the authority's reasons for making the application for the order which supported that application; and
(c) notice of any right of appeal conferred by section 79LA.").
Page 36, leave out lines 32 to 47.
Page 37, leave out lines 27 to 40.
Page 37, line 43, leave out ("this section") and insert ("section 79LA").
Page 37, line 44, at end insert--
79LA.--(1) An appeal against--
(a) the taking of any step mentioned in section 79L(1); or
(b) an order under section 79K,
shall lie to the Tribunal.
(2) On an appeal, the Tribunal may--
(a) confirm the taking of the step or the making of the order or direct that it shall not have, or shall cease to have, effect; and
(b) impose, vary or cancel any condition.").
Page 39, line 6, at end insert ("; and
(d) in paragraph 10(2), for the words from "to a tribunal" to the end there shall be substituted "to the Tribunal established under section 9 of the Protection of Children Act 1999"").
Page 39, line 41, leave out from ("report") to ("as") in line 42 and insert ("under subsection (2)").
On Question, amendments agreed to.
Page 39, line 44, at end insert--
Page 41, line 38, at end insert--
("(2A) The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.
(2B) In subsection (2A)--
"eligible employee" means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this section;
"new employer" means the registration authority (within the meaning of Part XA of the 1989 Act) and, in relation to Wales, includes the Chief Inspector of Schools in Wales;
"old employer" means a local authority.").
Page 41, line 44, leave out ("This section applies") and insert ("Subsections (2) to (7) apply").
Page 42, line 39, at end insert--
("( ) Regulations for the purposes of this section or section 78 may only be made by the Secretary of State; and before making any regulations for the purposes of this section the Secretary of State shall consult the Assembly.").