UKPGA-2014-6 Children and Families Act 2014 UK

In section 98 of the Adoption and Children Act 2002 (pre-commencement adoptions: information), after subsection (1) insert—

In each of subsections (2) and (3) of that section, for “that purpose” substitute “ a purpose within subsection (1) or (1A) ”.

In subsection (7) of that section, after the definition of “appointed day” insert—.

Section 22C of the Children Act 1989 is amended as follows.

In subsection (7), after “subject to” insert “ subsection (9B) and ”.

After subsection (9) insert—

Section 1 of the Adoption and Children Act 2002 (considerations applying when making decisions about the adoption of a child) is amended as follows.

In subsection (5) (due consideration to be given to religious persuasion, racial origin and cultural and linguistic background), for “In placing the child for adoption, the adoption agency” substitute “ In placing a child for adoption, an adoption agency in Wales ”.

In consequence of the amendment made by subsection (2)—

The Adoption and Children Act 2002 is amended as follows.

In section 125 (Adoption and Children Act Register)—

In section 128 (supply of information for the register), in subsection (4)(b), after “children suitable for adoption” insert “ or for whom a local authority in England are considering adoption ”.

After section 128 insert—

In section 129 (disclosure of information), in subsection (2)(a) after “suitable for adoption” insert “ or for whom a local authority in England is considering adoption ”.

In section 140(7) (power for subordinate legislation to make different provision for different purposes) after “purposes” insert “ or areas ”.

In section 97 of the Children Act 1989 (privacy for children involved in certain proceedings), after subsection (6) insert—

Schedule 1 (amendments to the Adoption and Children Act 2002 to provide for the Adoption and Children Act Register not to apply to Wales and Scotland and to remove the requirement to make provision for that register by Order in Council, and other related amendments) has effect.

Section 34 of the Children Act 1989 (parental contact etc with children in care) is amended as follows.

In subsection (1), after “subject to the provisions of this section” insert “ and their duty under section 22(3)(a) ”.

After subsection (6) insert—

In subsection (8), before paragraph (a) insert—.

In subsection (11) after “Before” insert “ making, varying or discharging an order under this section or ”.

After section 51 of the Adoption and Children Act 2002 insert—

In section 1 of the Adoption and Children Act 2002 (considerations applying to the exercise of powers relating to the adoption of a child), in subsection (7)(a) after “section 26” insert “ or 51A ”.

In section 26 of that Act (children placed, or authorised to be placed, for adoption: contact), omit subsection (5).

In section 96(3) of that Act (section 95 does not prohibit payment of legal or medical expenses in connection with applications under section 26 etc) after “26” insert “ , 51A ”.

In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after paragraph (ab) insert—.

In section 2 of that Act (jurisdiction of courts in England and Wales to make Part 1 orders: pre-conditions) after subsection (2B) insert—

In section 9 of the Children Act 1989, in subsection (5)(a) (restrictions on making certain orders with respect to children) after “order” insert “ or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) ”.

In section 17(4) of the Armed Forces Act 1991 (persons to be given notice of application for service family child assessment order) before paragraph (e) insert—.

In section 18(7) of that Act (persons who may apply to vary or discharge a service family child assessment order) before paragraph (e) insert—.

In section 20(8) of that Act (persons who are to be allowed reasonable contact with a child subject to a protection order) before paragraph (d) insert—.

In section 22A(7) of that Act (persons who are to be allowed reasonable contact with a child in service police protection) before paragraph (d) insert—.

In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services)—

Before making a relevant family application, a person must attend a family mediation information and assessment meeting.

Family Procedure Rules—

In this section—“the court” means the High Court or the family court;“family mediation information and assessment meeting”, in relation to a relevant family application, means a meeting held for the purpose of enabling information to be provided about—mediation of disputes of the kinds to which relevant family applications relate, ways in which disputes of those kinds may be resolved otherwise than by the court, and the suitability of mediation, or of any such other way of resolving disputes, for trying to resolve any dispute to which the particular application relates;“family proceedings” has the same meaning as in section 75 of the Courts Act 2003;“relevant family application” means an application that—is made to the court in, or to initiate, family proceedings, and is of a description specified in Family Procedure Rules.

This section is without prejudice to sections 75 and 76 of the Courts Act 2003 (power to make Family Procedure Rules).

Section 1 of the Children Act 1989 (welfare of the child) is amended as follows.

After subsection (2) insert—

After subsection (5) insert—

Section 8(1) of the Children Act 1989 is amended as follows.

Omit the definitions of “contact order” and “residence order”.

After “In this Act—” insert—.

Schedule 2 (amendments relating to child arrangements orders) has effect.

A person may not without the permission of the court instruct a person to provide expert evidence for use in children proceedings.

Where in contravention of subsection (1) a person is instructed to provide expert evidence, evidence resulting from the instructions is inadmissible in children proceedings unless the court rules that it is admissible.

A person may not without the permission of the court cause a child to be medically or psychiatrically examined or otherwise assessed for the purposes of the provision of expert evidence in children proceedings.

Where in contravention of subsection (3) a child is medically or psychiatrically examined or otherwise assessed, evidence resulting from the examination or other assessment is inadmissible in children proceedings unless the court rules that it is admissible.

In children proceedings, a person may not without the permission of the court put expert evidence (in any form) before the court.

The court may give permission as mentioned in subsection (1), (3) or (5) only if the court is of the opinion that the expert evidence is necessary to assist the court to resolve the proceedings justly.

When deciding whether to give permission as mentioned in subsection (1), (3) or (5) the court is to have regard in particular to—

References in this section to providing expert evidence, or to putting expert evidence before a court, do not include references to—

In this section—“authorised applicant” means—the National Society for the Prevention of Cruelty to Children, or a person authorised by an order under section 31 of the Children Act 1989 to bring proceedings under that section;“child” means a person under the age of 18;“children proceedings” has such meaning as may be prescribed by Family Procedure Rules;“the court”, in relation to any children proceedings, means the court in which the proceedings are taking place;“local authority”—in relation to England means—a county council, a district council for an area for which there is no county council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly, and in relation to Wales means a county council or a county borough council.

The preceding provisions of this section are without prejudice to sections 75 and 76 of the Courts Act 2003 (power to make Family Procedure Rules).

In section 38 of the Children Act 1989 (court's power to make interim care and supervision orders, and to give directions as to medical examination etc. of children) after subsection (7) insert—

The Children Act 1989 is amended as follows.

In section 32(1)(a) (timetable for dealing with application for care or supervision order) for “disposing of the application without delay; and” substitute.

In section 32 (care and supervision orders) after subsection (2) insert—

In section 38 (interim care and supervision orders)—

In section 11(1) (section 8 orders: court's duty, in the light of rules made by virtue of section 11(2), to draw up timetable and give directions to implement it) for “rules made by virtue of subsection (2))” substitute “ provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ”.

In section 14E(1) (special guardianship orders: court's duty, in the light of rules made by virtue of subsection (3), to draw up timetable and give directions to implement it) for “rules made by virtue of subsection (3))” substitute “ provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b)) ”.

In section 32(1) (care and supervision orders: court's duty, in the light of rules made by virtue of section 32(2), to draw up timetable and give directions to implement it)—

In section 109(1) of the Adoption and Children Act 2002 (adoption and placement orders: court's duty, in the light of rules made by virtue of section 109(2), to draw up timetable and give directions to implement it) for “rules made by virtue of subsection (2))” substitute “ provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ”.

For section 31(3A) of the Children Act 1989 (no care order to be made until court has considered section 31A care plan) substitute—

In section 31A of the Children Act 1989 (care plans)—

In consequence of subsection (1), section 121(1) of the Adoption and Children Act 2002 is repealed.

In section 104 of the Children Act 1989 (regulations and orders)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The following are repealed—

The following amendments and repeals are in consequence of the repeals made by subsection (1).

In section 9(1)(a) of the Matrimonial Causes Act 1973 (proceedings after decree of divorce: power to make decree absolute is subject to section 41)—

In section 17(2) of that Act (grant of decree of judicial separation is subject to section 41) omit “, subject to section 41 below,”.

Omit paragraph 31 of Schedule 12 to the Children Act 1989 (which substitutes section 41 of the Matrimonial Causes Act 1973).

In section 40(4)(b) of the Civil Partnership Act 2004 (proceedings after conditional order: power to make order final is subject to section 63) omit the words from “and section 63” to the end.

In section 56(3) of that Act (making of separation order is subject to section 63) omit “, subject to section 63,”.

Part 2 of the Family Law Act 1996 (divorce and separation), except section 22 (the only provision of Part 2 which is in force), is repealed.

In consequence of subsection (1), the following provisions of the Family Law Act 1996 (which relate to provisions of Part 2) are repealed—

In consequence of subsections (1) and (2), the following provisions are repealed—

In consequence of subsection (1), in section 1 of the Family Law Act 1996 (general principles underlying Part 2), in the words before paragraph (a) and in the title, for “Parts II and III” substitute “ section 22 ”.

In consequence of subsection (3)(b)(i), in section 28(11) of the Welfare Reform and Pensions Act 1999 (interpretation of subsections (4)(b), (5)(c) and (6)) for “subsections (4)(b), (5)(c) and” substitute “ subsection ”.

The modifications set out in subsection (7), which were originally made by article 3(2) of the No. 2 Order and article 4 of the No. 3 Order, are to continue to have effect but as amendments of the provisions concerned (rather than as modifications having effect until the coming into force of provisions of the Family Law Act 1996 repealed by this section without having come into force).

The modifications are—

In section 31(7D) of the Matrimonial Causes Act 1973—

Articles 3(2) and 4 of the No. 2 Order, and article 4 of the No. 3 Order, are revoked; and in subsection (6) and this subsection—“the No. 2 Order” means the Family Law Act 1996 (Commencement No. 2) Order 1997 (S.I. 1997/1892), and“the No. 3 Order” means the Family Law Act 1996 (Commencement No. 3) Order 1998 (S.I. 1998/2572).

A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.

A child of compulsory school age or a young person has a learning difficulty or disability if he or she—

A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within subsection (2) when of compulsory school age (or would be likely, if no special educational provision were made).

A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home.

This section applies for the purposes of this Part.

“Special educational provision”, for a child aged two or more or a young person, means educational or training provision that is additional to, or different from, that made generally for others of the same age in—

“Special educational provision”, for a child aged under two, means educational provision of any kind.

“Health care provision” means the provision of health care services as part of the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006.

“Social care provision” means the provision made by a local authority in the exercise of its social services functions.

Health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision).

This section applies for the purposes of this Part.

This section applies where, in the course of exercising functions in relation to a child who is under compulsory school age, an integrated care board, NHS trust or NHS foundation trust form the opinion that the child has (or probably has) special educational needs or a disability.

The board or trust must—

The board or trust must then bring their opinion to the attention of the appropriate local authority in England.

If the board or trust think a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs or disability the child may have, they must inform the parent of that.

A local authority in England is responsible for a child or young person if he or she is in the authority's area and has been—

This section applies for the purposes of this Part.

A local authority in England must exercise its functions under this Part with a view to ensuring the integration of educational provision and training provision with health care provision and social care provision, where it thinks that this would—

The reference in subsection (1) to the well-being of children and young people is to their well-being so far as relating to—

A local authority in England and its partner commissioning bodies must make arrangements (“joint commissioning arrangements”) about the education, health and care provision to be secured for—

In this Part “education, health and care provision” means—

Joint commissioning arrangements must include arrangements for considering and agreeing—

Joint commissioning arrangements about securing education, health and care provision must in particular include arrangements for—

Joint commissioning arrangements may also include other provision.

The parties to joint commissioning arrangements must—

Section 116B of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessment of relevant needs and joint local health and wellbeing strategy) applies in relation to functions exercisable under this section.

A local authority's “partner commissioning bodies” are—

Regulations may prescribe circumstances in which an integrated care board that would otherwise be a partner commissioning body of a local authority by virtue of subsection (8)(b) is to be treated as not being a partner commissioning body of the authority.

A local authority in England must keep under review—

The authority must consider the extent to which the provision referred to in subsection (1)(a) and (b) is sufficient to meet the educational needs, training needs and social care needs of the children and young people concerned.

In exercising its functions under this section, the authority must consult—

Section 116B of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessment of relevant needs and joint local health and wellbeing strategy) applies in relation to functions exercisable under this section.

“Children's centre” has the meaning given by section 5A(4) of the Childcare Act 2006.

A local authority in England must co-operate with each of its local partners, and each local partner must co-operate with the authority, in the exercise of the authority's functions under this Part.

Each of the following is a local partner of a local authority in England for this purpose—

A local authority in England must make arrangements for ensuring co-operation between—

Regulations may prescribe circumstances in which an integrated care board that would otherwise be a local partner of a local authority by virtue of subsection (2)(l)(ii) is to be treated as not being a local partner of the authority.

This section applies where an appropriate authority for a school or post-16 institution mentioned in subsection (2) has functions under this Part.

The schools and post-16 institutions referred to in subsection (1) are—

The appropriate authority must co-operate with each responsible local authority, and each responsible local authority must co-operate with the appropriate authority, in the exercise of those functions.

A responsible local authority, in relation to an appropriate authority for a school or post-16 institution mentioned in subsection (2), is a local authority in England that is responsible for any child or young person who is a registered pupil or a student at the school or post-16 institution.

The “appropriate authority” for a school or post-16 institution is—

A local authority in England must publish information about—

The provision for children and young people referred to in subsection (1) is—

For the purposes of subsection (2)(e), provision to assist in preparation for adulthood and independent living includes provision relating to—

Information required to be published by an authority under this section is to be known as its "SEN and disability local offer".

A local authority must keep its SEN and disability local offer under review and may from time to time revise it.

A local authority must from time to time publish—

Comments published under subsection (6)(a) must be published in a form that does not enable the person making them to be identified.

Regulations may make provision about—

The regulations may in particular require an authority's SEN and disability local offer to include—

This section applies where a local authority in England requests the co-operation of any of the following persons and bodies in the exercise of a function under this Part—

The person or body must comply with the request, unless the person or body considers that doing so would—

A person or body that decides not to comply with a request under subsection (1) must give the authority that made the request written reasons for the decision.

Regulations may provide that, where a person or body is under a duty to comply with a request to co-operate with a local authority in securing an EHC needs assessment, a detained person's EHC needs assessment or the preparation of an EHC plan, the person or body must comply with the request within a prescribed period, unless a prescribed exception applies.

A local authority in England must arrange for children and young people for whom it is responsible, and the parents of children for whom it is responsible, to be provided with advice and information about matters relating to the special educational needs of the children or young people concerned.

A local authority in England must arrange for children and young people in its area with a disability, and the parents of children in its area with a disability, to be provided with advice and information about matters relating to the disabilities of the children or young people concerned.

The authority must take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to—

The authority may also take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to such other persons as it thinks appropriate.

This section applies where a local authority is securing the preparation of an EHC plan for a child or young person who is to be educated in a school or post-16 institution.

In a case within section 39(5) or 40(2), the local authority must secure that the plan provides for the child or young person to be educated in a maintained nursery school, mainstream school or mainstream post-16 institution, unless that is incompatible with—

A local authority may rely on the exception in subsection (2)(b) in relation to maintained nursery schools, mainstream schools or mainstream post-16 institutions in its area taken as a whole only if it shows that there are no reasonable steps that it could take to prevent the incompatibility.

A local authority may rely on the exception in subsection (2)(b) in relation to a particular maintained nursery school, mainstream school or mainstream post-16 institution only if it shows that there are no reasonable steps that it or the governing body, proprietor or principal could take to prevent the incompatibility.

The governing body, proprietor or principal of a maintained nursery school, mainstream school or mainstream post-16 institution may rely on the exception in subsection (2)(b) only if they show that there are no reasonable steps that they or the local authority could take to prevent the incompatibility.

Subsection (2) does not prevent the child or young person from being educated in an independent school, a non-maintained special school or a special post-16 institution, if the cost is not to be met by a local authority or the Secretary of State.

This section does not affect the operation of section 63 (fees payable by local authority for special educational provision at non-maintained schools and post-16 institutions).

This section applies to a child or young person in England who has special educational needs but for whom no EHC plan is maintained, if he or she is to be educated in a school or post-16 institution.

The child or young person must be educated in a maintained nursery school, mainstream school or mainstream post-16 institution, subject to subsections (3) and (4).

The child or young person may be educated in an independent school, a non-maintained special school or a special post-16 institution, if the cost is not to be met by a local authority or the Secretary of State.

The child or young person may be educated in a special school or special post-16 institution during any period in which any of subsections (5) to (9) applies.

This subsection applies while the child or young person is admitted to a special school or special post-16 institution for the purposes of an EHC needs assessment, if all the following have agreed to his or her admission to the school or post-16 institution—

This subsection applies while the child or young person remains admitted to a special school or special post-16 institution, in prescribed circumstances, following an EHC needs assessment at the school or post-16 institution.

This subsection applies while the child or young person is admitted to a special school or special post-16 institution, following a change in his or her circumstances, if all the following have agreed to his or her admission to the school or post-16 institution—

This subsection applies while the child or young person is admitted to a special school which is established in a hospital and is—

This subsection applies while the child is admitted to a special school or special post-16 institution that is an Academy, if the Academy arrangements made in respect of the school or post-16 institution permit it to admit children and young people with special educational needs for whom no EHC plan is maintained.

This section does not affect the operation of section 63 (fees payable by local authority for special educational provision at non-maintained schools and post-16 institutions).

This section applies where a child with special educational needs is being educated in a maintained nursery school or a mainstream school.

Those concerned with making special educational provision for the child must secure that the child engages in the activities of the school together with children who do not have special educational needs, subject to subsection (3).

Subsection (2) applies only so far as is reasonably practicable and is compatible with—

A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child's parent, the young person or a person acting on behalf of a school or post-16 institution.

An “EHC needs assessment” is an assessment of the educational, health care and social care needs of a child or young person.

When a request is made to a local authority under subsection (1), or a local authority otherwise becomes responsible for a child or young person, the authority must determine whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

In making a determination under subsection (3), the local authority must consult the child's parent or the young person.

Where the local authority determines that it is not necessary for special educational provision to be made for the child or young person in accordance with an EHC plan it must notify the child's parent or the young person—

Subsection (7) applies where—

The authority must notify the child's parent or the young person—

The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—

After an EHC needs assessment has been carried out, the local authority must notify the child's parent or the young person of—

In making a determination or forming an opinion for the purposes of this section in relation to a young person aged over 18, a local authority must consider whether he or she requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete his or her education or training.

Regulations may make provision about EHC needs assessments, in particular—

Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan—

For the purposes of this Part, an EHC plan is a plan specifying—

An EHC plan may also specify other health care and social care provision reasonably required by the child or young person.

Regulations may make provision about the preparation, content, maintenance, amendment and disclosure of EHC plans.

Regulations under subsection (4) about amendments of EHC plans must include provision applying section 33 (mainstream education for children and young people with EHC plans) to a case where an EHC plan is to be amended under those regulations.

Where a local authority is required to secure that an EHC plan is prepared for a child or young person, it must consult the child's parent or the young person about the content of the plan during the preparation of a draft of the plan.

The local authority must then—

A school or other institution is within this subsection if it is—

A notice under subsection (2)(b) must specify a period before the end of which any representations or requests must be made.

The draft EHC plan sent to the child's parent or the young person must not—

This section applies where, before the end of the period specified in a notice under section 38(2)(b), a request is made to a local authority to secure that a particular school or other institution is named in an EHC plan.

The local authority must consult—

The local authority must secure that the EHC plan names the school or other institution specified in the request, unless subsection (4) applies.

This subsection applies where—

Where subsection (4) applies, the local authority must secure that the plan—

Before securing that the plan names a school or other institution under subsection (5)(a), the local authority must (if it has not already done so) consult—

The local authority must, at the end of the period specified in the notice under section 38(2)(b), secure that any changes it thinks necessary are made to the draft EHC plan.

The local authority must send a copy of the finalised EHC plan to—

This section applies where no request is made to a local authority before the end of the period specified in a notice under section 38(2)(b) to secure that a particular school or other institution is named in an EHC plan.

The local authority must secure that the plan—

Before securing that the plan names a school or other institution under subsection (2)(a), the local authority must consult—

The local authority must also secure that any changes it thinks necessary are made to the draft EHC plan.

The local authority must send a copy of the finalised EHC plan to—

The Secretary of State may approve an institution within subsection (2) for the purpose of enabling the institution to be the subject of a request for it to be named in an EHC plan.

An institution is within this subsection if it is—

The Secretary of State may approve an institution under subsection (1) only if its proprietor consents.

The Secretary of State may withdraw approval given under subsection (1).

Regulations may make provision about giving and withdrawing approval under this section, in particular—

This section applies where a local authority maintains an EHC plan for a child or young person.

The local authority must secure the specified special educational provision for the child or young person.

If the plan specifies health care provision, the responsible commissioning body must arrange the specified health care provision for the child or young person.

“The responsible commissioning body”, in relation to any specified health care provision, means the body (or each body) that is under a duty to arrange health care provision of that kind in respect of the child or young person.

Subsections (2) and (3) do not apply if the child's parent or the young person has made suitable alternative arrangements.

“Specified”, in relation to an EHC plan, means specified in the plan.

Subsection (2) applies if one of the following is named in an EHC plan—

The governing body, proprietor or principal of the school or other institution must admit the child or young person for whom the plan is maintained.

Subsection (2) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of SSFA 1998.

Subsection (2) does not affect any power to exclude a pupil or student from a school or other institution.

A local authority must review an EHC plan that it maintains—

A local authority must secure a re-assessment of the educational, health care and social care needs of a child or young person for whom it maintains an EHC plan if a request is made to it by—

A local authority may also secure a re-assessment of those needs at any other time if it thinks it necessary.

Subsections (1) and (2) are subject to any contrary provision in regulations made under subsection (7)(b).

In reviewing an EHC plan maintained for a young person aged over 18, or deciding whether to secure a re-assessment of the needs of such a young person, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.

During a review or re-assessment, a local authority must consult the parent of the child, or the young person, for whom it maintains the EHC plan.

Regulations may make provision about reviews and re-assessments, in particular—

Regulations under subsection (7) about re-assessments may in particular apply provisions of or made under this Part that are applicable to EHC needs assessments, with or without modifications.

Regulations under subsection (7)(c) must include provision applying section 33 (mainstream education for children and young people with EHC plans) to a case where an EHC plan is to be amended following a review.

A local authority may cease to maintain an EHC plan for a child or young person only if—

The circumstances in which it is no longer necessary for an EHC plan to be maintained for a child or young person include where the child or young person no longer requires the special educational provision specified in the plan.

When determining whether a young person aged over 18 no longer requires the special educational provision specified in his or her EHC plan, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.

A local authority may not cease to maintain an EHC plan for a child or young person until—

Regulations may make provision about ceasing to maintain an EHC plan, in particular about—

A local authority may continue to maintain an EHC plan for a young person until the end of the academic year during which the young person attains the age of 25.

“Academic year” means the period of twelve months ending on the prescribed date.

Regulations may make provision for an EHC plan maintained for a child or young person by one local authority to be transferred to another local authority in England, where the other authority becomes responsible for the child or young person.

The regulations may in particular—

This section applies where—

The local authority must—

Subsection (2)(b) is subject to any contrary provision in regulations under section 44(7)(b).

A local authority that maintains an EHC plan, or is securing the preparation of an EHC plan, for a child or young person must prepare a personal budget for him or her if asked to do so by the child's parent or the young person.

The authority prepares a “personal budget” for the child or young person if it identifies an amount as available to secure particular provision that is specified, or proposed to be specified, in the EHC plan, with a view to the child's parent or the young person being involved in securing the provision.

Regulations may make provision about personal budgets, in particular—

If the regulations include provision authorising direct payments, they must—

Special educational provision acquired by means of a direct payment made by a local authority is to be treated as having been secured by the authority in pursuance of its duty under section 42(2), subject to any prescribed conditions or exceptions.

Subsection (7) applies if—

The health care provision is to be treated as having been arranged by the commissioning body in pursuance of its duty under section 42(3) of this Act, subject to any prescribed conditions or exceptions.

“Commissioning body”, in relation to any specified health care provision, means a body that is under a duty to arrange health care provision of that kind in respect of the child or young person.

A child's parent or a young person may appeal to the First-tier Tribunal against the matters set out in subsection (2), subject to section 55 (mediation).

The matters are—

A child's parent or a young person may appeal to the First-tier Tribunal under subsection (2)(c)—

Regulations may make provision about appeals to the First-tier Tribunal in respect of EHC needs assessments and EHC plans, in particular about—

Regulations under subsection (4)(c) may include provision conferring power on the First-tier Tribunal, on determining an appeal against a matter, to make recommendations in respect of other matters (including matters against which no appeal may be brought).

A person commits an offence if without reasonable excuse that person fails to comply with any requirement—where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section or regulations under subsection (4)(a).

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

This section applies where—

Before the end of the prescribed period after the decision is made, or the plan is made, amended or replaced, the local authority must notify the child's parent or the young person of—

If the parent or young person wishes to pursue mediation under section 53 or 54, he or she must inform the local authority of—

If the mediation issues are, or include, the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan, the parent or young person must also inform the local authority of the health care provision which he or she wishes to be specified in the plan.

This section applies where—

The local authority must notify each relevant commissioning body of—

If the mediation issues are limited to the health care provision specified in the plan or the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan, the responsible commissioning body (or, where there is more than one, the responsible commissioning bodies acting jointly) must—

If the mediation issues include anything else—

For the purposes of this section, a person is not independent if he or she is employed by any of the following—

In this section “responsible commissioning body”—

This section applies where—

The local authority must—

For the purposes of this section, a person is not independent if he or she is employed by a local authority in England.

This section applies where a child's parent or young person intends to appeal to the First-tier Tribunal under section 51 or regulations made under that section in respect of—

But this section does not apply in respect of an appeal concerning only—

The parent or young person may make the appeal only if a mediation adviser has issued a certificate to him or her under subsection (4) or (5).

A mediation adviser must issue a certificate under this subsection to the parent or young person if—

A mediation adviser must issue a certificate under this subsection to the parent or young person if the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and the parent or young person has—

Regulations may make provision for the purposes of sections 52 to 55, in particular—

In section 55 and this section “mediation adviser” means an independent person who can provide information and advice about pursuing mediation.

For the purposes of subsection (2), a person is not independent if he or she is employed by any of the following—

In this section “commissioning body” means a body that is under a duty to arrange health care provision of any kind.

A local authority in England must make arrangements with a view to avoiding or resolving disagreements within subsection (2) or (3).

The disagreements within this subsection are those about the exercise by the local authority or relevant bodies of their functions under this Part, where the disagreement is between—

The disagreements within this subsection are those about the exercise by the local authority of its functions relating to EHC needs assessments, the preparation and review of EHC plans, and re-assessment of educational, health care and social care needs, where the disagreement is between—

A local authority in England must make arrangements with a view to avoiding or resolving, in each relevant school or post-16 institution, disagreements within subsection (5).

The disagreements within this subsection are those about the special educational provision made for a child or young person with special educational needs who is a registered pupil or a student at the relevant school or post-16 institution concerned, where the disagreement is between—

Arrangements within this section must provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of the disagreements to which the arrangements apply.

For the purposes of subsection (6) a person is not independent if he or she is employed by any of the following—

A local authority in England must take such steps as it thinks appropriate for making the arrangements under this section known to—

A local authority in England may take such steps as it thinks appropriate for making the arrangements under this section known to such other persons as it thinks appropriate.

In this section—“relevant body” means—the governing body of a maintained school, maintained nursery school or institution within the further education sector; the proprietor of an Academy;“relevant school or post-16 institution” means—a maintained school; a maintained nursery school; a post-16 institution; an Academy; an independent school; a non-maintained special school; a pupil referral unit; a place at which relevant early years education is provided;“responsible commissioning body”, in relation to any particular health care provision, means a body that is under a duty to arrange health care provision of that kind in respect of the child or young person concerned.

For the purposes of this section, the “appropriate authority” for a relevant school or post-16 institution is—

The Secretary of State may by order make pilot schemes enabling children in England to—

An order under subsection (1) may, in particular, make provision—

An order under subsection (1) may apply a statutory provision, with or without modifications.

In subsection (3), “statutory provision” means a provision made by or under this or any other Act, whenever passed or made.

This section is repealed at the end of five years beginning with the day on which this Act is passed.

The Secretary of State may by order provide that children in England may—

The Secretary of State may not make an order under subsection (1) until the end of two years beginning with the day on which the first order is made under section 58(1).

An order under subsection (1) may, in particular, make provision—

An order under subsection (1) may—

In subsection (4), “statutory provision” means a provision made by or under this or any other Act, whenever passed or made.

A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.

An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.

Before doing so, the authority must consult the child's parent or the young person.

This section applies where a local authority in England makes arrangements for a child or young person for whom it maintains an EHC plan to attend an institution outside England and Wales which specialises in providing for children or young people with special educational needs.

The arrangements may (in particular) include contributing to or paying—

Subsection (2) applies where—

The local authority must pay any fees payable in respect of education or training provided for the child or young person at that school, institution or place in accordance with the EHC plan.

Subsection (4) applies where—

The local authority must pay any fees payable in respect of the special educational provision made at the school, institution or place in question which is required to meet the special educational needs of the child or young person.

Where board and lodging are provided for the child or young person at the school, post-16 institution or place mentioned in subsection (2) or (4), the authority must also pay any fees in respect of the board and lodging, if satisfied that special educational provision cannot be provided at the school, post-16 institution or place unless the board and lodging are also provided.

A local authority in England may supply goods and services to—but only for the purpose set out in subsection (2).

The purpose is that of assisting the governing body or proprietor in the performance of—

The goods and services may be supplied on the terms and conditions that the authority thinks fit, including terms as to payment.

A local authority in England may supply goods and services to any authority or other person (other than a governing body or proprietor within subsection (1)), but only for the purpose set out in subsection (5).

The purpose is that of assisting the authority or other person in making special educational provision for a child who is receiving relevant early years education, in a case where the authority has decided that the special educational provision is necessary for the child.

This section applies where a local authority in England maintains an EHC plan for a child or young person.

A person authorised by the authority is entitled to have access at any reasonable time to the premises of a school, post-16 institution or other institution at which education or training is provided in pursuance of the plan, for the purpose of monitoring the education or training.

Subsection (2) does not apply to the premises of a mainstream post-16 institution in Wales.

This section imposes duties on the appropriate authorities for the following schools and other institutions in England—

If a registered pupil or a student at a school or other institution has special educational needs, the appropriate authority must, in exercising its functions in relation to the school or other institution, use its best endeavours to secure that the special educational provision called for by the pupil's or student's special educational needs is made.

The “appropriate authority” for a school or other institution is—

This section imposes duties on the appropriate authorities of the following schools in England—

The appropriate authority must designate a member of staff at the school (to be known as the “SEN co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

Regulations may—

The “appropriate authority” for a school is—

This section applies if—

The appropriate authority for the school must inform the child's parent or the young person that special educational provision is being made for the child or young person.

The “appropriate authority” for a school is—

This section imposes a duty on—

A governing body or proprietor must prepare a report containing SEN information.

“SEN information” is—

In this section—“disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010;“disabled pupil” includes a disabled person who may be admitted to a school as a pupil.

Subject to this section and sections 71 to 75, nothing in or made under this Part applies to, or in relation to, a child or young person detained in pursuance of—

Subsection (1) does not apply to—

Regulations may apply any provision of this Part, with or without modifications, to or in relation to a child or young person detained in pursuance of—

The Secretary of State must consult the Welsh Ministers before making regulations under subsection (3) which will apply any provision of this Part to, or in relation to, a child or young person who is detained in Wales.

For the purposes of this Part—“appropriate person”, in relation to a detained person, means—where the detained person is a child, the detained person's parent, or where the detained person is a young person, the detained person;“detained person” means a child or young person who is—18 or under, subject to a detention order (within the meaning of section 562(1A)(a) of EA 1996), and detained in relevant youth accommodation, and in provisions applying on a person's release, includes a person who, immediately before release, was a detained person;“detained person's EHC needs assessment” means an assessment of what the education, health care and social care needs of a detained person will be on his or her release from detention;“relevant youth accommodation” has the same meaning as in section 562(1A)(b) of EA 1996, save that it does not include relevant youth accommodation which is not in England.

For the purposes of this Part—

For the purposes of this Part, regulations may provide for paragraph (a) of the definition of “the home authority” in section 562J(1) of EA 1996 (the home authority of a looked after child) to apply with modifications in relation to such provisions of this Part as may be specified in the regulations.

This section applies in relation to a detained person for whom—

A request to the home authority to secure a detained person's EHC needs assessment for the detained person may be made by—

Where this subsection applies, the home authority must determine whether it may be necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention.

Subsection (3) applies where—

In making a determination under subsection (3), the home authority must consult—

Where the home authority determines that it will not be necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention, it must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained—

Subsection (8) applies where—

The home authority must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained—

The home authority must secure a detained person's EHC needs assessment if, after having regard to any views expressed and evidence submitted under subsection (8), the authority is of the opinion that—

After a detained person's EHC needs assessment has been carried out, the local authority must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained of—

Regulations may make provision about detained persons' EHC needs assessments, in particular—

Where, in the light of a detained person's EHC needs assessment it is necessary for special education provision to be made for the detained person in accordance with an EHC plan on release from detention, the home authority must secure that an EHC plan is prepared for him or her.

Sections 37(2) to (5) and 38 to 40 apply in relation to an EHC plan secured under subsection (1) as they apply to an EHC plan secured under section 37(1), with the following modifications—

Section 33(2) to (7) apply where a home authority is securing the preparation of an EHC plan under this section as they apply where a local authority is securing a plan under section 37, with the following modifications—

An appropriate person in relation to a detained person may appeal to the First-tier Tribunal against the matters set out in subsection (2), subject to section 55 (as applied by this section).

The matters are—

The appropriate person may appeal to the First-tier Tribunal under subsection (2)(c) only when an EHC plan is first finalised for the detained person in accordance with section 72.

Regulations may make provision about appeals to the First-tier Tribunal in respect of detained persons' EHC needs assessments and EHC plans secured under section 72, in particular about—

A person commits an offence if without reasonable excuse that person fails to comply with any requirement—where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section.

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 55(2) to (5) apply where an appropriate person intends to appeal to the First-tier Tribunal under this section as they apply where a child's parent or young person intends to appeal under section 51, with the following modifications—

Where, by virtue of subsection (7), the appropriate person has informed the mediation adviser that he or she wishes to pursue mediation with the home authority—For this purpose a person is not independent if he or she is employed by a local authority in England.

Regulations under section 56 may make provision for the purposes of subsections (7) and (8) of this section, and accordingly section 56 has effect for those purposes with the following modifications—

This section applies in relation to a detained person—

The home authority must keep the EHC plan while the person is detained in relevant youth accommodation.

Regulations may make provision about the keeping of EHC plans under subsection (2), and the disclosure of such plans.

The home authority must arrange appropriate special educational provision for the detained person while he or she is detained in relevant youth accommodation.

If the EHC plan specifies health care provision, the detained person's health services commissioner must arrange appropriate health care provision for the detained person while he or she is detained in relevant youth accommodation.

For the purposes of subsection (4), appropriate special educational provision is—

For the purposes of subsection (5), appropriate health care provision is—

In this section, “detained person's health services commissioner”, in relation to a detained person, means the body that is under a duty under the National Health Service Act 2006 to arrange for the provision of services or facilities in respect of the detained person during his or her detention.

A local authority in England may supply goods and services to any authority or other person making special educational provision for a detained person, but only for the purpose set out in subsection (2).

The purpose is that of assisting the local authority in the performance of a duty under section 74.

The goods and services may be supplied on the terms and conditions that the authority thinks fit, including terms as to payment.

The Secretary of State must exercise the powers listed in subsection (2) with a view to securing, in particular, the provision of special needs information which the Secretary of State thinks would be likely to assist the Secretary of State or others in improving the well-being of—

The powers are those of the Secretary of State under the following provisions of EA 1996 (so far as relating to England)—

In each calendar year, the Secretary of State must publish, or arrange to be published, special needs information which has been obtained under EA 1996, where the Secretary of State thinks the publication of the information would be likely to assist the Secretary of State or others in improving the well-being of —

Information published under subsection (3) must be published in the form and manner that the Secretary of State thinks fit, except that the names of the children and young people to whom the information relates must not be included.

The Secretary of State may make a charge, or arrange for a charge to be made, for documents supplied by virtue of this section.

A charge under subsection (5) must not exceed the cost of supply.

“Special needs information” means—

References in this section to the well-being of children and young people with special educational needs are to their well-being so far as relating to—

The Secretary of State must issue a code of practice giving guidance about the exercise of their functions under this Part to—

The Secretary of State may revise the code from time to time.

The Secretary of State must publish the current version of the code.

The persons listed in subsection (1) must have regard to the code in exercising their functions under this Part.

Those who exercise functions for the purpose of the exercise by those persons of functions under this Part must also have regard to the code.

The First-tier Tribunal must have regard to any provision of the code that appears to it to be relevant to a question arising on an appeal under this Part.

Where the Secretary of State proposes to issue or revise a code under section 77, the Secretary of State must prepare a draft of the code (or revised code).

The Secretary of State must consult such persons as the Secretary of State thinks fit about the draft and must consider any representations made by them.

If the Secretary of State decides to proceed with the draft (in its original form or with modifications), the Secretary of State must lay a copy of the draft before each House of Parliament.

The Secretary of State may not take any further steps in relation to—

Subsection (6) applies if—

The Secretary of State must issue the code or revised code in the form of the draft, and it comes into force on such date as the Secretary of State may by order appoint.

Subsection (4) does not prevent a new draft of a proposed code (or proposed revised code) from being laid before Parliament.

In this section “40-day period”, in relation to the draft of a proposed revised code, means—

For the purposes of subsection (8), no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

The Secretary of State and the Lord Chancellor must carry out a review of how effectively disagreements about the exercise of functions under this Part are being resolved.

The Secretary of State and the Lord Chancellor must prepare a report on the outcome of the review.

The Secretary of State and the Lord Chancellor must lay the report before Parliament before the end of the period of three years beginning with the earliest date on which any provision of this Part comes into force.

Regulations may apply any statutory provision with modifications, for the purpose of giving effect to this Part in a case where the parent of a child, or a young person, lacks capacity at the relevant time.

Regulations under subsection (1) may in particular include provision for—

“Statutory provision” means a provision made by or under this or any other Act, whenever passed or made.

“The relevant time” means the time at which, under the statutory provision in question, something is required or permitted to be done by or in relation to the parent or young person.

The reference in subsection (1) to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005.

“Representative”, in relation to a parent or young person, means—

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.

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.

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.

A reference in this Part to “education”—and “educational” and “educate” (and other related terms) are to be read accordingly.

A reference in this Part to—is to such a school within the meaning of SSFA 1998.

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.

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.

Part 1 of the Childcare Act 2006 (general functions of local authorities in England in relation to childcare) is amended as follows.

After section 7 (duty to secure early years provision free of charge in accordance with regulations) insert—

After section 9 (arrangements between local authority and childcare providers) insert—

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.

In subsection (4), for “a governing body” substitute “ the governing body of a maintained school in Wales ”.

Omit subsection (4C).

In subsection (5)—

A person aged 18 or over who buys or attempts to buy tobacco , cigarette papers or a relevant nicotine product on behalf of an individual aged under 18 commits an offence.

Where a person is charged with an offence under this section it is a defence—

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.

A local weights and measures authority in England and Wales must enforce the provisions of this section in its area.

Section 9 of, and Schedule 1 to, the Health Act 2006 (issue of fixed penalty notices in relation to certain smoking related offences) apply in relation to an offence under this section as they apply in relation to an offence under section 6(5) or 7(2) of that Act but with the following modifications—

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—

“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).

In this section “relevant nicotine product” means a nicotine product within the meaning of section 92 the sale of which at the same time and in the same circumstances to the individual aged under 18 would be prohibited by regulations for the time being in force under subsection (1) of that section.

The Secretary of State may by regulations make provision prohibiting the sale of nicotine products to persons aged under 18.

A person who breaches a prohibition in regulations under subsection (1) commits an offence.

Subsection (2) does not apply if—

Where a person is charged with an offence under this section it is a defence that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

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.

The Secretary of State may by regulations—

Regulations under this section may make provision in relation to—

The Secretary of State must obtain the consent of the Welsh Ministers before making regulations under this section which would (if contained in an Act of the National Assembly for Wales) be within the legislative competence of that Assembly.

For the purposes of this section “nicotine product” means—

It does not matter for the purposes of subsection (9)(a) whether the device is also intended to enable any other substance to be consumed by an individual or otherwise to be delivered into the human body.

The following are not nicotine products for the purposes of this section—

In this section—“specified” means specified in regulations under this section;“tobacco” has the same meaning as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children).

The Children and Young Persons Act 1933 is amended in accordance with subsections (2) to (6).

In the italic heading before section 12A, after “tobacco” insert “ or nicotine products ”.

In section 12A (restricted premises orders)—

In section 12B (restricted sale orders)—

In section 12C(1)(a) (enforcement), for “or cigarette papers” substitute “ , cigarette papers or nicotine product ”.

In section 12D (interpretation)—

In section 5 of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in England and Wales)—

The Secretary of State may by regulations make provision amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made) in connection with provision made by or under section 92.

In subsection (8) “enactment” includes a Measure or Act of the National Assembly for Wales.

The Health Act 2006 is amended as follows.

In section 5 (smoke-free vehicles)—

In section 9 (fixed penalties), after subsection (1) insert—

In section 10(1) (power to designate bodies or descriptions of body as enforcement authorities)—

In section 79 (orders and regulations)—

In Schedule 1 (fixed penalties), after paragraph 16 insert—

In the Children Act 1989, after section 17 insert—

In section 104 of the Children Act 1989 (regulations and orders)—

In the Children Act 1989, after section 17ZC (as inserted by section 96) insert—

In section 104 of the Children Act 1989 (regulations and orders)—

The Children Act 1989 is amended as follows.

After section 23C (continuing functions in respect of former relevant children) insert—

In Part 2 of Schedule 2 (local authority support for looked after children) after paragraph 19B (preparation for ceasing to be looked after) insert—

The appropriate authority for a school to which this section applies must make arrangements for supporting pupils at the school with medical conditions.

In meeting the duty in subsection (1) the appropriate authority must have regard to guidance issued by the Secretary of State.

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).

This section applies to the following schools in England—

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.

The Education Act 1996 and this section are to be read as if this section were included in that Act.

The arrangements made under section 100 by the appropriate authority for a school to which that section applies must include an allergy safety policy.

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).

The Secretary of State may by regulations make provision about matters that must be covered in an allergy safety policy.

The appropriate authority—

The appropriate authority must publicise the school’s allergy safety policy in the form of a written document by—

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.

The Education Act 1996 and this section are to be read as if this section were included in that Act.

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).

Regulations under this section may in particular make provision about—

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.

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.

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.

The Education Act 1996 and this section are to be read as if this section were included in that Act.

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).

After subsection (4A) insert—

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—

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)—

In subsection (2) of that section, for “Welsh Ministers give” substitute “ registration authority gives ”.

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)—

In section 20B of that Act (urgent procedure for suspension or variation etc: Wales), in the heading omit “: Wales”.

In subsection (1) of that section—

In subsection (2) of that section, for “Welsh Ministers” in both places substitute “ registration authority ”.

In subsection (4)(b) of that section, for “Welsh Ministers'” substitute “registration authority's”.

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

In that section, after subsection (1) insert—

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.

Before subsection (1) insert—

In subsection (1), after “children's home” insert “ in Wales ”.

In subsection (2), after “children's home” insert “ in Wales ”.

In subsection (4), after “subsection” insert “ (A1), (A2), ”.

In subsection (5), after “subsection” insert “ (A2) or ”.

The Education Act 1996 is amended as follows.

In section 512ZB (provision of free school lunches and milk at maintained schools)—

After section 512A insert—

Section 8 of the Children Act 2004 (annual reports) is amended as follows.

In subsection (1)—

In subsection (2) for the words from “an account” to the end substitute

In subsection (3)(b) for “the Secretary of State” substitute “ the Commissioner ”.

In subsection (4) for “the Secretary of State has laid” substitute “ laying ”.

For subsection (5) substitute—

Section 120 of the Education and Inspections Act 2006 (requirement to appoint Children's Rights Director) is repealed.

In that Act—

Schedule 6 (transfers of staff and property in consequence of the repeal of the requirement to appoint a Children's Rights Director) has effect.

In Part 8 of the Employment Rights Act 1996, after section 75D there is inserted—

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) ”.

The Employment Rights Act 1996 is amended as follows.

In section 71 (ordinary maternity leave)—

In section 73 (additional maternity leave)—

In section 75A (ordinary adoption leave)—

In section 75B (additional adoption leave)—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the Social Security Contributions and Benefits Act 1992, after section 171ZT there is inserted—

In section 176 of the Social Security Contributions and Benefits Act 1992 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), at the appropriate place there is inserted— “ any of sections 171ZU to 171ZY; ”.

The Social Security Contributions and Benefits Act 1992 is amended as follows.

In section 35 (entitlement to maternity allowance), after subsection (3) there is inserted—

In section 35, after subsection (3D) (as inserted by subsection (2)) there is inserted—

In section 165 (the maternity pay period), after subsection (3) there is inserted—

In section 171ZE (rate and period of statutory paternity pay), after subsection (3) there is inserted—

In section 171ZN (rate and period of statutory adoption pay), after subsection (2) there is inserted—

In section 75A of the Employment Rights Act 1996 (ordinary adoption leave), after subsection (1) there is inserted—

In section 80B of the Employment Rights Act 1996 (entitlement to ordinary paternity leave: adoption)—

In section 171ZB of the Social Security Contributions and Benefits Act 1992 (entitlement to ordinary statutory paternity pay: adoption), after subsection (7) there is inserted—

In section 171ZE of the Social Security Contributions and Benefits Act 1992 (rate and period of pay), after subsection (11) there is inserted—

In section 171ZL of the Social Security Contributions and Benefits Act 1992 (entitlement to statutory adoption pay), after subsection (8) there is inserted—

In section 171ZN of the Social Security Contributions and Benefits Act 1992 (rate and period of pay), after subsection (8) there is inserted—

In the Social Security Contributions and Benefits Act 1992—

In section 75A of the Employment Rights Act 1996 (ordinary adoption leave), after subsection (7) there is inserted—

In section 75B of the Employment Rights Act 1996 (additional adoption leave), after subsection (8) there is inserted—

In section 75D of the Employment Rights Act 1996 (supplemental provision about adoption leave), after subsection (1) there is inserted—

In section 80B of the Employment Rights Act 1996 (entitlement to ordinary paternity leave: adoption), after subsection (8) there is inserted—

In section 171ZK of the Social Security Contributions and Benefits Act 1992 (power to apply Part 12ZA, statutory paternity pay, to adoption cases not involving placement)—

In section 171ZT of the Social Security Contributions and Benefits Act 1992 (power to apply Part 12ZB, statutory adoption pay, to adoption cases not involving placement)—

The Social Security Contributions and Benefits Act 1992 is amended as follows.

In section 171ZC (further provision as to entitlement to statutory paternity pay)—

In section 171ZE (rate and period of statutory paternity pay)—

In section 176 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), after “section 171ZE(1)” there is inserted “ or (2)(b) ”.

In section 171ZN of the Social Security Contributions and Benefits Act 1992 (rate and period of statutory adoption pay)—

In section 176 of the Social Security Contributions and Benefits Act 1992 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), the entry for section 171ZN(1) is repealed.

In Part 8 of the Employment Rights Act 1996, sections 80AA and 80BB (entitlement to additional paternity leave: birth and adoption) are repealed.

In Part 12ZA of the Social Security Contributions and Benefits Act 1992, sections 171ZEA to 171ZEE (additional statutory paternity pay: birth and adoption) are repealed.

Schedule 7 (which contains further amendments relating to statutory rights to leave and pay) has effect.

A reference to ordinary statutory paternity pay in an instrument or document made before the commencement of paragraphs 12 and 13 of Schedule 7 is to be read, in relation to any time after that commencement, as a reference to statutory paternity pay.

A reference to statutory paternity pay in an enactment (including an enactment amended by this Act) or in an instrument or document is to be read, in relation to any time that falls—as a reference to ordinary statutory paternity pay.

Subsection (3) does not apply to the extent that a reference to statutory paternity pay is a reference to additional statutory paternity pay.

After section 57ZD of the Employment Rights Act 1996 there is inserted—

In the Employment Rights Act 1996—

After section 57ZI of the Employment Rights Act 1996 (as inserted by section 127) there is inserted—

In the Employment Rights Act 1996—

In section 47C of the Employment Rights Act 1996 (right not to be subjected to detriment for taking leave for family and domestic reasons), after subsection (4) there is inserted—

In section 48 of that Act (complaints to employment tribunals)—

In section 49 of that Act (remedies in the case of complaints to an employment tribunal)—

In section 57 of the Employment Rights Act 1996 (complaints to employment tribunals where time off work for ante-natal care refused to employee), in subsection (4) (amount of award for unreasonable refusal), for “an amount equal to” there is substituted “ an amount that is twice the amount of ”.

In section 57ZC of the Employment Rights Act 1996 (complaints to employment tribunals where time off work for ante-natal care refused to agency worker), in subsection (5) (amount of award for unreasonable refusal), for “an amount equal to” there is substituted “ an amount that is twice the amount of ”.

In section 80F(1) of the Employment Rights Act 1996 (conditions for exercising right to request flexible working), paragraph (b) (condition that employee's purpose be to enable caring for a child or adult) is repealed.

Section 80F is further amended as follows—

Section 80G of the Employment Rights Act 1996 (employer's duties in relation to an application for flexible working) is amended as follows.

In subsection (1), for paragraph (a) (requirement to deal with application in accordance with regulations) there is substituted—.

After subsection (1) there is inserted—

After subsection (1C) (as inserted by subsection (3)) there is inserted—

In the Employment Rights Act 1996, the following are repealed—

Section 80H of the Employment Rights Act 1996 (complaints to employment tribunals) is amended as follows.

In subsection (1) (grounds of complaint)—

In subsection (2) (no complaints under section 80H in respect of an application disposed of by agreement or withdrawn), for “under this section” there is substituted “ under subsection (1)(a) or (b) ”.

For subsection (3) (no complaints to be made until the employer rejects an application on appeal or contravenes specified regulations under section 80G(1)(a)) there is substituted—

After subsection (3B) (as inserted by subsection (4)) there is inserted—

In subsection (6) (meaning of the relevant date), from “relevant date” to the end there is substituted “ relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be. ”

The Secretary of State must from time to time—

The report must in particular—

The first report to be published under this section must be published before the end of the period of seven years beginning with the day on which sections 131 to 133 come into force.

Reports under this section are afterwards to be published at intervals not exceeding seven years.

A power to make an order or regulations under this Act is exercisable by statutory instrument.

A power to make an order or regulations under this Act includes power—

A power to make an order or regulations under this Act (except a power conferred by section 78(6), 137 or 139) includes power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

Subject to subsection (5), a statutory instrument that contains an order or regulations made under this Act by the Secretary of State or the Lord Chancellor is subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (4) does not apply to—

A statutory instrument containing (whether alone or with other provision)—is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

“Primary legislation” means—

The Secretary of State or the Lord Chancellor may by order make provision in consequence of any provision of this Act.

The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including any enactment passed or made in the same Session as this Act).

“Enactment” includes a Measure or Act of the National Assembly for Wales.

The Secretary of State or the Lord Chancellor may by order make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

Subsections (3) to (5) apply if section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the 2012 Act”) comes into force on or before the day on which this Act is passed.

Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction by magistrates' court) applies in relation to the following offences as if the offences were relevant offences (as defined in section 85(3) of that Act)—

Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction by magistrates' court) applies in relation to the power in the new section 69A(1)(b) to be inserted into the Childcare Act 2006 by paragraph 35 of Schedule 4 to this Act as if the power were a relevant power (as defined in section 85(3) of the 2012 Act).

Regulations described in section 85(11) of the 2012 Act may amend, repeal or otherwise modify a provision of this Act or the Childcare Act 2006.

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

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 Act.

This Part comes into force on the day on which this Act is passed.