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In force since 2026-10-29, as the publisher states.
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Chapter 1 of Part 4 of EA 1996 (children with special educational needs) ceases to apply in relation to children in the area of a local authority in England.
Propose a changeSchedule 3 (amendments consequential on this Part) has effect.
Propose a change(1) In this Part— “EA 1996” means the Education Act 1996; “ESA 2008” means the Education and Skills Act 2008; “SSFA 1998” means the School Standards and Framework Act 1998. (2) In this Part— “appropriate person” has the meaning given by section 70(5); “beginning of the detention” has the meaning given by section 70(6); “detained person” has the meaning given by section 70(5); “detained person's EHC needs assessment” has the meaning given by section 70(5); “education, health and care provision” has the meaning given by section 26(2); “EHC needs assessment” has the meaning given by section 36(2); “EHC plan” means a plan within section 37(2); “health care provision” has the meaning given by section 21(3); “the home authority” has the meaning given by section 70(6) (subject to subsection (7) of that section); “mainstream post-16 institution” means a post-16 institution that is not a special post-16 institution; “mainstream school” means— a maintained school that is not a special school, or an Academy school that is not a special school; “maintained school” means— a community, foundation or voluntary school, or a community or foundation special school not established in a hospital; “post-16 institution” means an institution which— provides education or training for those over compulsory school age, but is not a school or other institution which is within the higher education sector and which is solely or principally concerned with the provision of higher education; “proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution; “relevant early years education” has the meaning given by section 123 of SSFA 1998; “relevant youth accommodation” has the meaning given by section 70(5); “social care provision” has the meaning given by section 21(4); “social services functions” in relation to a local authority has the same meaning as in the Local Authority Social Services Act 1970; “special educational needs” has the meaning given by section 20(1); “special educational provision” has the meaning given by section 21(1) and (2); “special post-16 institution” means a post-16 institution that is specially organised to make special educational provision for students with special educational needs; “training” has the same meaning as in section 15ZA of EA 1996; “young person” means a person over compulsory school age but under 25. (3) A child or young person has a disability for the purposes of this Part if he or she has a disability for the purposes of the Equality Act 2010. (4) A reference in this Part to “education”— (a) includes a reference to full-time and part-time education, but (b) does not include a reference to higher education, and “educational” and “educate” (and other related terms) are to be read accordingly. (5) A reference in this Part to— (a) a community, foundation or voluntary school, or (b) a community or foundation special school, is to such a school within the meaning of SSFA 1998. (6) A reference in this Part to a child or young person who is “in the area” of a local authority in England does not include a child or young person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the child or young person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. (7) EA 1996 and the preceding provisions of this Part (except so far as they amend other Acts) are to be read as if those provisions were contained in EA 1996.
Propose a changeSchedule 4 (amendments to the Childcare Act 2006 to provide for the registration of childminder agencies on the childcare registers and the registration of certain childcare providers with those agencies, and other related amendments) has effect.
Propose a changeIn section 49 of the Childcare Act 2006 (inspections of early years provision), after subsection (5) insert— (5A) The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where— (a) the inspection is conducted at the request of a registered person who provides that early years provision, and (b) the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.
Propose a changeSection 11 of the Childcare Act 2006 (duty of local authority in England to assess sufficiency of childcare provision) is repealed.
Propose a change(1) Part 1 of the Childcare Act 2006 (general functions of local authorities in England in relation to childcare) is amended as follows. (2) After section 7 (duty to secure early years provision free of charge in accordance with regulations) insert— Discharge of duty under section 7 7A (1) Regulations may require an English local authority to discharge its duty to a young child under section 7 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where— (a) the early years provider is willing to provide it, and (b) the early years provider is also willing to accept— (i) any terms as to the payments which would be made to him or her in respect of the provision, and (ii) any requirements which would be imposed in respect of it. (2) Arrangements made by an authority to satisfy any requirement imposed under subsection (1) may be made with an early years provider or with an early years childminder agency or any other person who is able to arrange for an early years provider to provide early years provision. (3) The regulations may provide that such a requirement— (a) applies only if the early years provider is of a prescribed description; (b) applies only if the early years provision provided by the early years provider is of a prescribed description; (c) does not apply in prescribed circumstances. (4) The regulations may provide that arrangements made by an authority for the purpose of complying with such a requirement must include provision allowing the local authority to terminate the arrangements in prescribed circumstances. (5) In this section— “early years childminder agency” and “early years provider” have the same meanings as in Part 3; “parent” has the same meaning as in section 2. (3) After section 9 (arrangements between local authority and childcare providers) insert— Arrangements made by local authorities for the purposes of section 7 9A Regulations may provide that arrangements made by an English local authority for the purpose of discharging its duty under section 7— (a) may impose requirements on the person with whom the arrangements are made only if the requirements are of a prescribed description; (b) may not impose requirements of a prescribed description on the person with whom the arrangements are made.
Propose a change(1) Section 28 of the Education Act 2002 (limits on the powers of governing bodies of maintained schools to provide community facilities etc under section 27) is amended as follows. (2) In subsection (4), for “a governing body” substitute “ the governing body of a maintained school in Wales ”. (3) Omit subsection (4C). (4) In subsection (5)— (a) for “a governing body” substitute “ the governing body of a maintained school in Wales ”, and (b) in paragraph (a) omit “(in relation to England) by the Secretary of State or (in relation to Wales)”.
Propose a changeThe Commissioners for Her Majesty's Revenue and Customs may incur expenditure in preparing for the introduction of a scheme for providing assistance in respect of the costs of childcare.
Propose a changeSection 38 of the Children and Young Persons Act 1963 (licences for performances by children under 14 not to be granted except for certain dramatic or musical performances) is repealed.
Propose a change(1) A person aged 18 or over who buys or attempts to buy tobacco or cigarette papers on behalf of an individual aged under 18 commits an offence. (2) Where a person is charged with an offence under this section it is a defence— (a) that the person had no reason to suspect that the individual concerned was aged under 18, or (b) in a case where the person has bought or attempted to buy cigarette papers, that the person had no reason to suspect that the individual concerned intended to use the papers for smoking. (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (4) A local weights and measures authority in England and Wales must enforce the provisions of this section in its area. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Section 11 of, and Schedule 2 to, the Health Act 2006 (offence of obstruction of enforcement officers and powers of entry etc) apply for the purposes of this section as they apply for the purposes of Chapter 1 of Part 1 of that Act but with the following modifications— (a) references to an enforcement authority are to be read as references to a local weights and measures authority; (b) references to an authorised officer of an enforcement authority are to be read as references to any person (whether or not an officer of the authority) authorised by a local weights and measures authority in writing, either generally or specially, to act in matters arising under this section; (c) references to Chapter 1 of Part 1 of the Act of 2006 are to be read as references to this section; (d) section 11(5) is to be ignored; (e) paragraph 10 of Schedule 2 is to be ignored. (7) “Tobacco” has the same meaning in this section as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children). (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Propose a change(1) The Health Act 2006 is amended as follows. (2) In section 5 (smoke-free vehicles)— (a) after subsection (1) insert— (1A) Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle. , and (b) in subsection (2), for “The regulations” substitute “ Regulations under this section ”. (3) In section 9 (fixed penalties), after subsection (1) insert— (1A) The appropriate national authority may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 8(4) in relation to a vehicle in relation to which the authorised officer has functions may give the person a penalty notice in respect of the offence. (4) In section 10(1) (power to designate bodies or descriptions of body as enforcement authorities)— (a) after “designating the” insert “ persons or ”, and (b) after “descriptions of” insert “ person or ”. (5) In section 79 (orders and regulations)— (a) in subsection (4) (powers to which affirmative procedure applies), in paragraph (a) (powers in Part 1), for “or 8(7)” substitute “ , 8(7) or 9(1A) ”, (b) in that subsection, in paragraph (f) (powers in Schedule 1), for “or 8” substitute “ , 8 or 17 ”, and (c) after that subsection insert— (4A) No statutory instrument containing regulations under section 9(1A) or paragraph 17 of Schedule 1 may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (6) In Schedule 1 (fixed penalties), after paragraph 16 insert— Power to amend or modify Schedule 17 The appropriate national authority may by regulations— (a) amend this Schedule so as to modify its application in relation to penalty notices issued by an authorised officer of an enforcement authority of a particular kind, or (b) provide for this Schedule to apply with modifications in relation to such notices.
Propose a change(1) In the Children Act 1989, after section 17 insert— Young carers' needs assessments: England 17ZA (1) A local authority in England must assess whether a young carer within their area has needs for support and, if so, what those needs are, if— (a) it appears to the authority that the young carer may have needs for support, or (b) the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support. (2) An assessment under subsection (1) is referred to in this Part as a “young carer's needs assessment”. (3) In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)). (4) Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for. (5) But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment. (6) “Care-related assessment” means— (a) a young carer's needs assessment; (b) an assessment under any of the following— (i) section 1 of the Carers (Recognition and Services) Act 1995; (ii) section 1 of the Carers and Disabled Children Act 2000; (iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003. (7) A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes. (8) A local authority, in carrying out a young carer's needs assessment, must have regard to— (a) the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and (b) the extent to which the young carer works or wishes to work. (9) A local authority, in carrying out a young carer's needs assessment, must involve— (a) the young carer, (b) the young carer's parents, and (c) any person who the young carer or a parent of the young carer requests the authority to involve. (10) A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to— (a) the young carer, (b) the young carer's parents, and (c) any person to whom the young carer or a parent of the young carer requests the authority to give a copy. (11) Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need. (12) A local authority in England must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support. Young carers' needs assessments: supplementary 17ZB (1) This section applies for the purposes of section 17ZA. (2) “Parent”, in relation to a young carer, includes— (a) a parent of the young carer who does not have parental responsibility for the young carer, and (b) a person who is not a parent of the young carer but who has parental responsibility for the young carer. (3) A person is not a young carer if the person provides or intends to provide care— (a) under or by virtue of a contract, or (b) as voluntary work. (4) But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case). (5) The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support. (6) Where a local authority— (a) are required to carry out a young carer's needs assessment, and (b) are required or have decided to carry out some other assessment of the young carer or of the person cared for; the local authority may, subject to subsection (7), combine the assessments. (7) A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree. (8) The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular— (a) specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment; (b) specify matters which a local authority is to determine in carrying out a young carer's needs assessment; (c) make provision about the manner in which a young carer's needs assessment is to be carried out; (d) make provision about the form a young carer's needs assessment is to take. (9) The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to— (a) add an entry, (b) remove an entry, or (c) vary an entry. Consideration of young carers' needs assessments 17ZC A local authority that carry out a young carer's needs assessment must consider the assessment and decide— (a) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide; (b) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and (c) if they could be so satisfied, whether or not to provide any such services in relation to the young carer. (2) In section 104 of the Children Act 1989 (regulations and orders)— (a) in subsections (2) and (3A) (regulations within subsection (3B) or (3C) not subject to annulment but to be approved in draft) before “(3B)” insert “ (3AA), ”, and (b) after subsection (3A) insert— (3AA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).
Propose a change(1) In the Children Act 1989, after section 17ZC (as inserted by section 96) insert— Parent carers' needs assessments: England 17ZD (1) A local authority in England must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are. (2) In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility. (3) The first condition is that— (a) it appears to the authority that the parent carer may have needs for support, or (b) the authority receive a request from the parent carer to assess the parent carer's needs for support. (4) The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17. (5) An assessment under subsection (1) is referred to in this Part as a “parent carer's needs assessment”. (6) Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for. (7) But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment. (8) “Care-related assessment” means— (a) a parent carer's needs assessment; (b) an assessment under any of the following— (i) section 1 of the Carers (Recognition and Services) Act 1995; (ii) section 6 of the Carers and Disabled Children Act 2000; (iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003. (9) A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes. (10) A local authority in carrying out a parent carer's needs assessment must have regard to— (a) the well-being of the parent carer, and (b) the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility. (11) In subsection (10) “well-being” has the same meaning as in Part 1 of the Care Act 2014. (12) A local authority, in carrying out a parent carer's needs assessment, must involve— (a) the parent carer, (b) any child for whom the parent carer has parental responsibility, and (c) any person who the parent carer requests the authority to involve. (13) A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to— (a) the parent carer, and (b) any person to whom the parent carer requests the authority to give a copy. (14) A local authority in England must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support. Parent carers' needs assessments: supplementary 17ZE (1) This section applies for the purposes of section 17ZD. (2) The references in section 17ZD to providing care include a reference to providing practical or emotional support. (3) Where a local authority— (a) are required to carry out a parent carer's needs assessment, and (b) are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for, the local authority may combine the assessments. (4) The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular— (a) specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment; (b) specify matters which a local authority is to determine in carrying out a parent carer's needs assessment; (c) make provision about the manner in which a parent carer's needs assessment is to be carried out; (d) make provision about the form a parent carer's needs assessment is to take. (5) The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to— (a) add an entry, (b) remove an entry, or (c) vary an entry. Consideration of parent carers' needs assessments 17ZF A local authority that carry out a parent carer's needs assessment must consider the assessment and decide— (a) whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide; (b) whether the disabled child cared for has needs for support; (c) if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and (d) if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for. (2) In section 104 of the Children Act 1989 (regulations and orders)— (a) in subsections (2) and (3A) (regulations within subsection (3B) or (3C) not subject to annulment but to be approved in draft) after “(3AA),” insert “ (3AB), ”, and (b) after subsection (3AA) insert— (3AB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).
Propose a change(1) The Children Act 1989 is amended as follows. (2) After section 23C (continuing functions in respect of former relevant children) insert— Arrangements for certain former relevant children to continue to live with former foster parents 23CZA (1) Each local authority in England have the duties provided for in subsection (3) in relation to a staying put arrangement. (2) A “staying put arrangement” is an arrangement under which— (a) a person who is a former relevant child by virtue of section 23C(1)(b), and (b) a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority, continue to live together after the former relevant child has ceased to be looked after. (3) It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)— (a) to monitor the staying put arrangement, and (b) to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement. (4) Support provided to the former foster parent under subsection (3)(b) must include financial support. (5) Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child. (6) The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21. (3) In Part 2 of Schedule 2 (local authority support for looked after children) after paragraph 19B (preparation for ceasing to be looked after) insert— Preparation for ceasing to be looked after: staying put arrangements 19BA (1) This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority in England with a local authority foster parent. (2) When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her. (3) The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if— (a) the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and (b) the eligible child and the local authority foster parent wish to make a staying put arrangement. (4) In this paragraph, “staying put arrangement” has the meaning given by section 23CZA.
Propose a changeIn the Children Act 1989, in section 22 after subsection (3A) (duty of local authorities to promote the educational achievement of looked after children) insert— (3B) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A). (3C) A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority in England.
Propose a change(1) The appropriate authority for a school to which this section applies must make arrangements for supporting pupils at the school with medical conditions. (2) In meeting the duty in subsection (1) the appropriate authority must have regard to guidance issued by the Secretary of State. (3) The duty in subsection (1) does not apply in relation to a pupil who is a young child for the purposes of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England). (4) This section applies to the following schools in England— (a) a maintained school; (b) an Academy school; (c) an alternative provision Academy; (d) a pupil referral unit. (5) In this section— “the appropriate authority for a school” means— in the case of a maintained school, the governing body, in the case of an Academy, the proprietor, and in the case of a pupil referral unit, the management committee; “maintained school” means— a community, foundation or voluntary school, within the meaning of the School Standards and Framework Act 1998, or a community or foundation special school, within the meaning of that Act. (6) The Education Act 1996 and this section are to be read as if this section were included in that Act.
Propose a change(1) The arrangements made under section 100 by the appropriate authority for a school to which that section applies must include an allergy safety policy. (2) An “allergy safety policy” is a policy for the management of allergies affecting pupils at the school (including the management of pupils at risk of anaphylaxis). (3) The Secretary of State may by regulations make provision about matters that must be covered in an allergy safety policy. (4) The appropriate authority— (a) must, at least once every year, review the school’s allergy safety policy; (b) must make such changes to the policy as it considers appropriate following a review. (5) The appropriate authority must publicise the school’s allergy safety policy in the form of a written document by— (a) making the policy generally known within the school and to parents of pupils at the school, (b) taking steps, at least once a year, to bring the policy to the attention of all pupils at the school and parents and all persons who work at the school (whether or not for payment), and (c) publishing the policy on the school’s website. (6) In meeting the duties under this section, the appropriate authority must have particular regard to guidance issued for the purposes of section 100(2) that relates to the management of allergies (including anaphylaxis) in schools. (7) The Education Act 1996 and this section are to be read as if this section were included in that Act.
Propose a change(1) The Secretary of State may by regulations impose duties on specified persons in connection with the management of allergies affecting pupils at schools to which section 100 applies (including the management of pupils at risk of anaphylaxis). (2) Regulations under this section may in particular make provision about— (a) the keeping of, and access to, medicinal products and medical devices on school premises and at other places where pupils at a school are under the lawful control or charge of a member of the staff of the school; (b) procedures for identifying, and managing risks to, pupils with allergies; (c) provision of training on the recognition and management of allergies for teaching staff, non-teaching staff, persons providing catering services at the school and such other persons as may be specified; (d) recording and reporting of incidents. (3) Regulations under this section may require the appropriate authority for a school to which section 100 applies to designate a specified person to have responsibility for specified matters. (4) A person on whom a duty is imposed by regulations under this section must, in meeting the duty, have regard to guidance issued by the Secretary of State. (5) In this section— “appropriate authority for a school” has the same meaning as in section 100; “specified” means specified, or of a description specified, in regulations under this section. (6) The Education Act 1996 and this section are to be read as if this section were included in that Act.
Propose a change(1) Section 497A of the Education Act 1996 (which confers power on the Secretary of State to secure the proper performance of local authority education functions, and is applied to social services functions relating to children by section 50 of the Children Act 2004 and to functions relating to childcare by section 15 of the Childcare Act 2006) is amended in accordance with subsection (2). (2) After subsection (4A) insert— (4AA) So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable. (4AB) Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced. (4AC) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given. (3) In section 15 of the Local Government Act 1999 (Secretary of State's power to secure compliance with requirements of Part 1 of that Act) after subsection (6) insert— (6A) So far as is appropriate in consequence of a direction given under subsection (6)(a), a reference (however expressed) in an enactment, instrument or other document to a best value authority is to be read as a reference to the person by whom the function is exercisable. (6B) Subsection (6C) applies if a direction given under subsection (6)(a) expires or is revoked without being replaced. (6C) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the best value authority to which the direction was given.
Propose a change(1) In section 14A of the Care Standards Act 2000 (power of Welsh Ministers to suspend registration of person in respect of establishment or agency), in subsection (1)— (a) for “Welsh Ministers” substitute “ registration authority ”, and (b) omit “for which the Welsh Ministers are the registration authority”. (2) In subsection (2) of that section, for “Welsh Ministers give” substitute “ registration authority gives ”. (3) In section 15(4A) of that Act (duty of Welsh Ministers to give notice of decision to grant application for cancellation or variation of suspension)— (a) for “Welsh Ministers decide” substitute “ registration authority decides ”, (b) for “they” substitute “ it ”, and (c) for “their” substitute “ its ”. (4) In section 20B of that Act (urgent procedure for suspension or variation etc: Wales), in the heading omit “: Wales”. (5) In subsection (1) of that section— (a) in paragraph (a) omit “for which the Welsh Ministers are the registration authority”, and (b) in paragraph (b)— (i) for “Welsh Ministers have” substitute “ registration authority has ”, and (ii) for “they act” substitute “ it acts ”. (6) In subsection (2) of that section, for “Welsh Ministers” in both places substitute “ registration authority ”. (7) In subsection (4)(b) of that section, for “Welsh Ministers'” substitute “registration authority's”.
Propose a change(1) In section 22 of the Care Standards Act 2000 (regulation of establishments and agencies), in subsection (1), for the words from “may in particular” to the end substitute — (a) regulations made by the Secretary of State may in particular make any provision such as is mentioned in subsection (1A), (2), (7) or (8), and (b) regulations made by the Welsh Ministers may in particular make any provision such as is mentioned in subsection (2), (7) or (8). (2) In that section, after subsection (1) insert— (1A) Regulations made by the Secretary of State may prescribe objectives and standards which must be met in relation to an establishment or agency for which the CIECSS is the registration authority.
Propose a changeIn section 23 of the Care Standards Act 2000 (national minimum standards), after subsection (1) insert— (1A) The standards applicable to an establishment or agency for which the CIECSS is the registration authority may, in particular, explain or supplement requirements imposed in relation to that establishment or agency by regulations under section 22.
Propose a change(1) Section 65 of the Children Act 1989 (person disqualified from fostering a child privately to be disqualified from carrying on etc children's home) is amended as follows. (2) Before subsection (1) insert— (A1) A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless— (a) P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and (b) P has obtained the appropriate authority's written consent. (A2) A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless— (a) E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and (b) E has obtained the appropriate authority's written consent. (3) In subsection (1), after “children's home” insert “ in Wales ”. (4) In subsection (2), after “children's home” insert “ in Wales ”. (5) In subsection (4), after “subsection” insert “ (A1), (A2), ”. (6) In subsection (5), after “subsection” insert “ (A2) or ”.
Propose a change(1) The Education Act 1996 is amended as follows. (2) In section 512ZB (provision of free school lunches and milk at maintained schools)— (a) in subsection (2)(a) after “subsection (4)” insert “ or (4A) (or both) ”, (b) after subsection (4) insert— (4A) A person is within this subsection if the person— (a) is a registered pupil at a maintained school or pupil referral unit in England, and (b) is in reception, year 1, year 2 or any other prescribed year group at the school. (4B) The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)— (a) registered pupils, or any description of registered pupils, at a maintained nursery school in England; (b) children, or any description of children, who receive relevant funded early years education, or any description of such education, in England. (4C) In subsection (4A)— “maintained school” means— a community, foundation or voluntary school, or a community or foundation special school; “reception” means a year group in which the majority of children will, in the school year, attain the age of 5; “year 1” means a year group in which the majority of children will, in the school year, attain the age of 6; “year 2” means a year group in which the majority of children will, in the school year, attain the age of 7; “year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age. , and (c) in subsection (5), after “ “prescribed”” insert “ , “relevant funded early years education” ”. (3) After section 512A insert— Provision of school lunches: Academies 512B (1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include provision imposing obligations on the proprietor that are equivalent to the school lunches obligations. (2) “The school lunches obligations” are the obligations imposed in relation to maintained schools and pupil referral units in England by— (a) section 512(3) (provision of school lunches on request), and (b) section 512ZB(1) (provision of free school lunches to eligible persons). (3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the date on which section 106(3) of the Children and Families Act 2014 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.
Propose a changeFor section 2 of the Children Act 2004 (general function of the Children's Commissioner) substitute— Primary function: children's rights, views and interests 2 (1) The Children's Commissioner's primary function is promoting and protecting the rights of children in England. (2) The primary function includes promoting awareness of the views and interests of children in England. (3) In the discharge of the primary function the Children's Commissioner may, in particular— (a) advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children; (b) encourage such persons to take account of the views and interests of children; (c) advise the Secretary of State on the rights, views and interests of children; (d) consider the potential effect on the rights of children of government policy proposals and government proposals for legislation; (e) bring any matter to the attention of either House of Parliament; (f) investigate the availability and effectiveness of complaints procedures so far as relating to children; (g) investigate the availability and effectiveness of advocacy services for children; (h) investigate any other matter relating to the rights or interests of children; (i) monitor the implementation in England of the United Nations Convention on the Rights of the Child; (j) publish a report on any matter considered or investigated under this section. (4) In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed. (5) The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function. United Nations Convention on the Rights of the Child 2A (1) The Children's Commissioner must, in particular, have regard to the United Nations Convention on the Rights of the Child in considering for the purposes of the primary function what constitute the rights and interests of children (generally or so far as relating to a particular matter). (2) The references in section 2(3)(i) and this section to the United Nations Convention on the Rights of the Child are to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force. Involving children in the discharge of the primary function 2B (1) The Children's Commissioner must take reasonable steps to involve children in the discharge of the primary function. (2) The Commissioner must in particular take reasonable steps to— (a) ensure that children are aware of the Commissioner's primary function and how they may communicate with him or her, and (b) consult children, and organisations working with children, on the matters the Commissioner proposes to consider or investigate in the discharge of the primary function. (3) The Children's Commissioner must for the purposes of this section have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known. Primary function: reports 2C (1) This section applies where the Children's Commissioner publishes a report in the discharge of the primary function. (2) The Commissioner must, if and to the extent he or she considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children). (3) Where the report contains recommendations about the exercise by a person of functions of a public nature, the Commissioner may require that person to state in writing, within such period as the Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.
Propose a changeAfter section 2C of the Children Act 2004 (as inserted by section 107) insert— Provision of advice and assistance to certain children in England 2D (1) The Children's Commissioner may provide advice and assistance to any child who is within section 8A (children living away from home or receiving social care). (2) The Children's Commissioner may in particular under this section make representations on behalf of a child who is within section 8A to a person in England who is— (a) providing the child with accommodation or services, or (b) otherwise exercising functions in relation to the child.
Propose a changeAfter section 2D of the Children Act 2004 (as inserted by section 108) insert— Powers to enter premises to conduct interviews or observe standards 2E (1) This section applies for the purposes of the Children's Commissioner's primary function and the function under section 2D. (2) The Children's Commissioner, or a person authorised by the Commissioner, may at any reasonable time enter any premises, other than a private dwelling— (a) for the purpose of interviewing a child, or (b) for the purpose of observing the standard of care provided to children accommodated or otherwise cared for there. (3) An interview of a child under subsection (2)(a) may be conducted in private, if the child consents. (4) A person who enters premises under subsection (1) may interview any person present on the premises who works there. (5) It is immaterial for the purposes of subsection (4) whether a person's work is paid, or under a contract of employment.
Propose a changeAfter section 2E of the Children Act 2004 (as inserted by section 109) insert— Provision of information to Commissioner 2F (1) Any person exercising functions of a public nature must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Commissioner may reasonably request for the purposes of the primary function or the function under section 2D. (2) The information must be information which that person would, apart from subsection (1), lawfully be able to disclose to the Commissioner.
Propose a changeAfter section 7 of the Children Act 2004 insert— Advisory board 7A (1) The Children's Commissioner must appoint an advisory board to provide the Commissioner with advice and assistance relating to the discharge of his or her functions. (2) The advisory board must consist of persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions. (3) The Children's Commissioner must from time to time publish a report on the procedure followed and the criteria used when making appointments to the advisory board.
Propose a changeAfter section 7A of the Children Act 2004 (as inserted by section 111) insert— Business plans 7B (1) The Children's Commissioner must publish a business plan which sets out, in relation to the discharge of the Commissioner's functions— (a) the Commissioner's proposed main activities for the period covered by the plan (including the matters he or she intends to consider or investigate), and (b) the Commissioner's proposed strategic priorities for that period. (2) A business plan must cover a period of at least 12 months beginning with the date of publication. (3) The Commissioner must publish a new business plan before the end of the period covered by the preceding business plan. (4) Before publishing a business plan under this section, the Children's Commissioner must— (a) take reasonable steps to consult children, (b) consult persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions, and (c) consult such other persons as the Commissioner thinks appropriate. (5) The Children's Commissioner must for the purposes of subsection (4)(a) have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.
Propose a change(1) Section 8 of the Children Act 2004 (annual reports) is amended as follows. (2) In subsection (1)— (a) in paragraph (a) omit “under this Part, other than functions of holding inquiries”, (b) after paragraph (a) insert “ and ”, and (c) omit paragraph (c) and the “and” which precedes it. (3) In subsection (2) for the words from “an account” to the end substitute — (a) a summary of the Commissioner's activities and an analysis of the effectiveness of those activities in promoting and protecting the rights of children, (b) an account of what the Commissioner has done in the discharge of his or her functions in relation to children who are within section 8A (children living away from home or receiving social care), (c) an account of the steps taken by the Commissioner to consult children or otherwise involve them in the discharge of his or her functions, and (d) a summary of how the Commissioner has taken into account the results of any such consultation and anything else resulting from involving children in the discharge of his or her functions. (4) In subsection (3)(b) for “the Secretary of State” substitute “ the Commissioner ”. (5) In subsection (4) for “the Secretary of State has laid” substitute “ laying ”. (6) For subsection (5) substitute— (5) If the Children's Commissioner does not consider a report made under this section to be suitable for children, the Commissioner must publish a version of the report which is suitable for children.
Propose a changeAfter section 8 of the Children Act 2004 insert— Children in England living away from home or receiving social care 8A (1) For the purposes of this Part, a child is within this section if he or she is within any of subsections (2) to (5). (2) A child is within this subsection if he or she is provided with accommodation by a school or college in England to which section 87(1) of the Children Act 1989 applies. (3) A child is within this subsection if he or she is accommodated in an establishment (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act. (4) A child is within this subsection if functions are being exercised in relation to him or her by an agency (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act. (5) A child is within this subsection if a local authority in England exercises social services functions (within the meaning of the Local Authority Social Services Act 1970) in relation to him or her. (6) For the purposes of this Part, a person who is not a child is to be treated as a child who is within this section if— (a) he or she is aged 18 or over and under 25, and (b) a local authority in England has provided services to him or her under any of sections 23C to 24D of the Children Act 1989 at any time after he or she reached the age of 16.
Propose a changeSchedule 5 (minor and consequential amendments to Part 1 of the Children Act 2004 and to other Acts) has effect.
Propose a change(1) Section 120 of the Education and Inspections Act 2006 (requirement to appoint Children's Rights Director) is repealed. (2) In that Act— (a) in section 117 (performance of functions of the Office for Standards in Education, Children's Services and Skills), in subsection (2) after paragraph (a) insert— (aa) any matters raised by the Children's Commissioner with the Office or the Chief Inspector; , and (b) in section 119 (performance of the functions of the Chief Inspector of Education, Children's Services and Skills), in subsection (3) after paragraph (a) (and before the “and” which follows it) insert— (aa) any matters raised by the Children's Commissioner with the Chief Inspector; . (3) Schedule 6 (transfers of staff and property in consequence of the repeal of the requirement to appoint a Children's Rights Director) has effect.
Propose a change(1) In Part 8 of the Employment Rights Act 1996, after section 75D there is inserted— CHAPTER 1B Shared parental leave Entitlement to shared parental leave: birth 75E (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to being, or expecting to be, the mother of a child, (c) as to caring or intending to care, with another person (“P”), for the child, (d) as to entitlement to maternity leave, (e) as to the exercise of that entitlement and the extent of any such exercise, (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, and (d) as to relationship with the child or the employee. (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay. (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to relationship with a child or expected child or with the child's mother, (c) as to caring or intending to care, with the child's mother, for the child, (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (e) as to the consent of the child's mother to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, (d) as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and (e) as to the exercise of any such entitlement and the extent of any such exercise. (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which the child's mother intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay. Entitlement to leave under section 75E: further provision 75F (1) Regulations under section 75E are to include provision for determining— (a) the amount of leave under section 75E(1) or (4) to which an employee is entitled in respect of a child; (b) when leave under section 75E(1) or (4) may be taken. (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed— (a) in a case where the child's mother became entitled to maternity leave, the relevant amount of time reduced by— (i) where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of section 71(3)(ba) or 73(3)(a), the amount of maternity leave taken by the child's mother, or (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of section 71(3)(ba) or 73(3)(a), comes to an end; (b) in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZU(6) of the Social Security Contributions and Benefits Act 1992. (3) In subsection (2) “the relevant amount of time” means an amount of time specified in or determined in accordance with regulations under section 75E. (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account— (a) in a case where another person is entitled to leave under section 75E in respect of the child, the amount of such leave taken by the other person; (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75E, the number of weeks in respect of which such pay is payable to the other person. (5) In reckoning for the purposes of subsection (2) the amount of maternity leave taken, a part of a week is to be treated as a full week. (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75E taken during a period of such leave, a part of a week is to be treated as a full week. (7) Provision under subsection (1)(b) is to secure that leave under section 75E must be taken before the end of such period as may be specified by the regulations. (8) Regulations under section 75E are to provide for the taking of leave under section 75E in a single period or in non-consecutive periods. (9) Regulations under section 75E may— (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75E to take that amount of leave as a single period of leave; (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee. (10) Regulations under section 75E may provide for the variation, subject to such restrictions as may be specified, of— (a) the period or periods during which an amount of leave under section 75E may be taken; (b) the amount of leave under section 75E that the employee previously specified in accordance with provision under section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section. (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations. (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions— (a) as to giving notice of an intention to vary the amount of leave under section 75E to be taken by the employee; (b) if the employee proposes to vary the amount of leave under section 75E(1) to be taken by the employee, as to the consent of P to that variation; (c) if the employee proposes to vary the amount of leave under section 75E(4) to be taken by the employee, as to the consent of the child's mother to that variation. (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about— (a) the extent to which the employee has exercised an entitlement to leave under section 75E(1) or (4) in respect of the child; (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75E or to statutory shared parental pay in respect of the child; (d) the extent to which a person other than the employee intends to exercise such an entitlement. (14) Regulations under section 75E may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child; (b) make provision excluding the right to be absent on leave under section 75E in respect of a child where more than one child is born as a result of the same pregnancy; (c) specify a minimum amount of leave under section 75E which may be taken; (d) make provision about how leave under section 75E may be taken; (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75E without bringing the particular period of leave, or the employee's entitlement to leave under section 75E, to an end; (f) specify circumstances in which an employee may be absent on leave under section 75E otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75E to an end. (15) In this section “week” means any period of seven days. (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where the mother of a child dies before another person has become entitled to leave under section 75E in respect of the child— (a) section 75E(4)(b), (c) and (e); (b) section 75E(5); (c) section 75E(6)(c); (d) subsection (12)(c); (e) subsection (13)(c) and (d). Entitlement to shared parental leave: adoption 75G (1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom, (c) as to caring or intending to care, with another person (“P”), for the child, (d) as to entitlement to adoption leave, (e) as to the exercise of that entitlement and the extent of any such exercise, (f) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (g) as to the consent of P to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (2) Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, and (d) as to relationship with the child or the employee. (3) Provision under subsection (1)(f) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay. (4) The Secretary of State may make regulations entitling an employee who satisfies specified conditions— (a) as to duration of employment, (b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed, (c) as to caring or intending to care, with A, for the child, (d) as to giving notice of an intention to exercise an entitlement to leave under this subsection, and (e) as to the consent of A to the amount of leave under this subsection that the employee intends to take, to be absent from work on leave under this subsection for the purpose of caring for the child. (5) Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions— (a) as to employment or self-employment, (b) as to having earnings of a specified amount for a specified period, (c) as to caring or intending to care, with the employee, for the child, (d) as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and (e) as to the exercise of any such entitlement and the extent of any such exercise. (6) Provision under subsection (4)(d) may require the employee to give notice to the employer about— (a) the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay); (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay. (7) Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter. (8) This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter. Entitlement to leave under section 75G: further provision 75H (1) Regulations under section 75G are to include provision for determining— (a) the amount of leave under section 75G(1) or (4) to which an employee is entitled in respect of a child; (b) when leave under section 75G(1) or (4) may be taken. (2) Provision under subsection (1)(a) is to secure that the amount of leave to which an employee is entitled in respect of a child does not exceed— (a) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to adoption leave, the relevant amount of time reduced by— (i) where the person's adoption leave ends without the person's ordinary or additional adoption leave period having been curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), the amount of adoption leave taken by that person, or (ii) except where sub-paragraph (i) applies, the amount of time between the beginning of the person's adoption leave and the time when the person's ordinary or additional adoption leave period, as curtailed by virtue of section 75A(2A)(a) or 75B(3)(a), comes to an end; (b) in a case where a person with whom the child is, or is expected to be, placed for adoption became entitled to statutory adoption pay but not adoption leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 171ZV(6) of the Social Security Contributions and Benefits Act 1992. (3) In subsection (2) “the relevant amount of time” means an amount of time specified in or determined in accordance with regulations under section 75G. (4) Provision under subsection (1)(a) is to secure that the amount of leave that an employee is entitled to take in respect of a child takes into account— (a) in a case where another person is entitled to leave under section 75G in respect of the child, the amount of such leave taken by the other person; (b) in a case where another person is entitled to statutory shared parental pay in respect of the child but not leave under section 75G, the number of weeks in respect of which such pay is payable to the other person. (5) In reckoning for the purposes of subsection (2) the amount of adoption leave taken, a part of a week is to be treated as a full week. (6) In reckoning for the purposes of subsection (4) the amount of leave under section 75G taken during a period of such leave, a part of a week is to be treated as a full week. (7) Provision under subsection (1)(b) is to secure that leave under section 75G must be taken before the end of such period as may be prescribed by the regulations. (8) Regulations under section 75G are to provide for the taking of leave under section 75G in a single period or in non-consecutive periods. (9) Regulations under section 75G may— (a) provide for an employer, subject to such restrictions as may be specified, to require an employee who proposes to take non-consecutive periods of leave under section 75G to take that amount of leave as a single period of leave, and (b) provide for a single period of leave that is so imposed on an employee to start with a day proposed by the employee or, if no day is proposed, with the first day of the first period of leave proposed by the employee. (10) Regulations under section 75G may provide for the variation, subject to such restrictions as may be specified, of— (a) the period or periods during which an amount of leave under section 75G is to be taken; (b) the amount of leave under section 75G that the employee previously specified in accordance with provision under section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section. (11) Provision under subsection (10)(a) may provide for variation to be subject to the consent of an employer in circumstances specified by the regulations. (12) Provision under subsection (10)(b) may require an employee to satisfy specified conditions— (a) as to giving notice of an intention to vary the amount of leave under section 75G to be taken by the employee; (b) if the employee proposes to vary the amount of leave under section 75G(1) to be taken by the employee, as to the consent of P to that variation; (c) if the employee proposes to vary the amount of leave under section 75G(4) to be taken by the employee, as to the consent of A to that variation. (13) Provision under subsection (12)(a) may require an employee to give notice to the employer about— (a) the extent to which the employee has exercised an entitlement to leave under section 75G(1) or (4) in respect of the child; (b) how much of the entitlement to leave the employee intends to exercise; (c) the extent to which a person other than the employee has exercised an entitlement to leave under section 75G or to statutory shared parental pay in respect of the child; (d) the extent to which a person other than the employee intends to exercise such an entitlement. (14) Regulations under section 75G may— (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child; (b) make provision excluding the right to be absent on leave under section 75G in respect of a child where more than one child is placed for adoption as part of the same arrangement; (c) specify a minimum amount of leave under section 75G which may be taken; (d) make provision about how leave under section 75G may be taken; (e) specify circumstances in which an employee may work for the employer during a period of leave under section 75G without bringing the particular period of leave, or the employee's entitlement to leave under section 75G, to an end; (f) specify circumstances in which an employee may be absent on leave under section 75G otherwise than for the purpose of caring for a child without bringing the person's entitlement to leave under section 75G to an end. (15) In this section “week” means any period of seven days. (16) The Secretary of State may by regulations provide that the following do not have effect, or have effect with modifications specified by the regulations, in a case where a person who is taking adoption leave or is entitled to be paid statutory adoption pay in respect of a child dies before another person has become entitled to leave under section 75G in respect of the child— (a) section 75G(4)(b), (c) and (e); (b) section 75G(5); (c) section 75G(6)(c); (d) subsection (12)(c); (e) subsection (13)(c) and (d). (17) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe. (18) The Secretary of State may by regulations provide for section 75G and this section to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as the regulations may prescribe. Rights during and after shared parental leave 75I (1) Regulations under section 75E or 75G are to provide— (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if the employee had not been absent; (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions, except in so far as they are inconsistent with section 75E(1) or (4) or 75G(1) or (4), as the case may be; and (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by the regulations, subject to section 75J(1). (2) In subsection (1)(a) “terms and conditions of employment”— (a) includes matters connected with an employee's employment whether or not they arise under the employee's contract of employment, but (b) does not include terms and conditions about remuneration. (3) The reference in subsection (1)(c) to absence on leave under section 75E or 75G includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under one of those sections and partly to any one or more of the following— (a) leave under the other of those sections, (b) maternity leave, (c) paternity leave, (d) adoption leave, and (e) parental leave. (4) Regulations under section 75E or 75G may specify matters which are, or are not, to be treated as remuneration for the purposes of this section. (5) Regulations under section 75E or 75G may make provision, in relation to the right to return mentioned in subsection (1)(c), about— (a) seniority, pension rights and similar rights; (b) terms and conditions of employment on return. Redundancy and dismissal 75J (1) Regulations under section 75E or 75G may make provision about— (a) redundancy, or (b) dismissal (other than by reason of redundancy), during a period of leave under that section. (2) Provision made by virtue of subsection (1) may include— (a) provision requiring an employer to offer alternative employment; (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10). Chapter 1B: supplemental 75K (1) Regulations under section 75E or 75G may— (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by— (i) employees, (ii) employers, and (iii) relevant persons; (b) make provision requiring such persons to keep records; (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements; (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a); (e) make special provision for cases where an employee has a right which corresponds to a right under section 75E or 75G and which arises under the employee's contract of employment or otherwise; (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 75E or 75G; (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 75E or 75G. (2) In subsection (1) “relevant person” means— (a) a person who, in connection with an employee's claim to be entitled to leave under section 75E or 75G, is required to satisfy conditions specified in provision under section 75E(2) or (5) or 75G(2) or (5), or (b) a person who is an employer or former employer of such a person. (3) In subsection (2)(b) “employer”, in relation to a person falling within subsection (2)(a) who is an employed earner, includes a person who is a secondary contributor as regards that employed earner. (4) The conditions as to employment or self-employment that may be specified in provision under section 75E(2) or (5) or 75G(2) or (5) include conditions as to being in employed or self-employed earner's employment. (5) In subsections (3) and (4)— “employed earner” and “self-employed earner” have the meaning given by section 2 of the Social Security Contributions and Benefits Act 1992, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act (persons who are to be treated as employed or self-employed earners); “employment”, in the case of employment as an employed or self-employed earner, has the meaning given by section 122 of that Act; “secondary contributor”, as regards an employed earner, means a person who— is indicated by section 7(1) of that Act, as that subsection has effect subject to section 7(2) of that Act, as being a secondary contributor as regards the earner, or is indicated by regulations under section 7(2) of that Act as being a person to be treated as a secondary contributor as regards the earner. (6) Regulations under any of sections 75E to 75H may make different provision for different cases or circumstances. (7) Where sections 75G and 75H have effect in relation to such cases as are described in section 75H(18), regulations under section 75G about evidence to be produced may require statutory declarations as to— (a) eligibility to apply for a parental order; (b) intention to apply for such an order. (2) In section 236 of the Employment Rights Act 1996 (orders and regulations), in subsection (3) (affirmative procedure required), after “75A, 75B,” there is inserted “ 75E, 75F(16), 75G, 75H(16), (17) or (18) ”.
Propose a change(1) The Employment Rights Act 1996 is amended as follows. (2) In section 71 (ordinary maternity leave)— (a) in subsection (3), after paragraph (b) there is inserted— (ba) may allow an employee to bring forward the date on which an ordinary maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; (bb) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; ; (b) after subsection (3) there is inserted— (3A) Provision under subsection (3)(ba) is to secure that an employee may bring forward the date on which an ordinary maternity leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75E or statutory shared parental pay in respect of the child. (3) In section 73 (additional maternity leave)— (a) in subsection (3)(a), for the words from “to choose” to the end there is substituted “ to bring forward the date on which an additional maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; ”; (b) after subsection (3)(a) there is inserted— (aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; ; (c) after subsection (3) there is inserted— (3A) Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional maternity leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75E or statutory shared parental pay in respect of the child. (4) In section 75A (ordinary adoption leave)— (a) in subsection (2A), after “subsection (2)” there is inserted — (a) may allow an employee to bring forward the date on which an ordinary adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; (b) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; ; (b) in subsection (2A), the words from “may specify circumstances” to the end become paragraph (c); (c) after subsection (2A) there is inserted— (2B) Provision under subsection (2A)(a) is to secure that an employee may bring forward the date on which an ordinary adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child. (5) In section 75B (additional adoption leave)— (a) in subsection (3)(a), for the words from “to choose” to the end there is substituted “ to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; ”; (b) after subsection (3)(a) there is inserted— (aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date; ; (c) after subsection (3) there is inserted— (3A) Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75G or statutory shared parental pay in respect of the child. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change