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HL Bill 35

53/3

Children Bill [HL]

CONTENTS

ART

HILDREN

’

OMMISSIONER

1 Establishment of Commissioner

2 General function of Commissioner

3 Annual report of Commissioner

4 Inquiries held by Commissioner

5 Relationship with other Commissioners

ART

HILDREN

’

SERVICES

NGLAND

General

6 Co-operation to improve well-being

7 Arrangements to safeguard and promote welfare

8 Information sharing

Local Safeguarding Children Boards

9 Establishment of LSCBs

10 Functions and procedure of LSCBs

11 Funding of LSCBs

12 LSCBs: supplementary

Local authority administration

13 Director of children’s services

14 Lead member for children’s services

Inspections of children’s services

15 Joint area reviews

16 Framework

17 Co-operation and delegation

18 Sections 15 to 17: interpretation

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19 Performance rating of social services

ART

HILDREN

’

SERVICES

ALES

General

20 Co-operation to improve well-being: Wales

21 Responsibility for functions under section 20

22 Arrangements to safeguard and promote welfare: Wales

23 Information sharing: Wales

Local Safeguarding Children Boards

24 Establishment of LSCBs in Wales

25 Functions and procedure of LSCBs in Wales

26 Funding of LSCBs in Wales

27 LSCBs in Wales: supplementary

ART

DVISORY

AND

SUPPORT

SERVICES

FOR

FAMILY

PROCEEDINGS

CAFCASS functions in Wales

28 Functions of the Assembly relating to family proceedings

29 Ancillary powers of the Assembly

30 Welsh family proceedings officers

31 Inspections

32 Protection of children

33 Advisory and support services for family proceedings: supplementary

Transfers

34 Transfer of property from CAFCASS to Assembly

35 Transfer of staff from CAFCASS to Assembly

ART

ISCELLANEOUS

Private fostering

36 Amendments to notification scheme

37 Power to establish registration scheme in England

38 Power to establish registration scheme in Wales

39 Expiry of powers in sections 37 and 38

Child minding and day care

40 Child minding and day care

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Local authority services

41 Intervention

42 Inspection of local education authorities

43 Duty of local authorities to promote educational achievement

44 Information about individual children

45 Miscellaneous amendments for Parts 2 and 3

Other provisions

46 Fees payable to adoption review panel members

47 Power to give financial assistance

48 Child safety orders

ART

ENERAL

49 Interpretation

50 Regulations and orders

51 Commencement

52 Extent

53 Short title

Schedule 1 — Children’s Commissioner

Schedule 2 — Director of children’s services: consequential amendments

Schedule 3 — Advisory and support services for family proceedings

Schedule 4 — Child minding and day care

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B I L L

Make provision for the establishment of a Children’s Commissioner; to make

provision about services provided to and for children and young people by

local authorities and other persons; to make provision in relation to Wales

about advisory and support services relating to family proceedings; to make

provision about private fostering, child minding and day care, adoption

review panels, the making of grants as respects children and families and

about child safety orders.

ENACTED

by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

ART

HILDREN

’

OMMISSIONER

Establishment of Commissioner

(1) There is to be an office of Children’s Commissioner.
(2) Schedule 1 has effect with respect to the Children’s Commissioner.

General function of Commissioner

(1) The Children’s Commissioner has, subject to the following provisions of this

Part, the function of promoting awareness of the views and interests of

children in the United Kingdom.

(2) The Children’s Commissioner may in particular under this section—

(a) encourage persons exercising functions or engaged in activities

affecting children to take account of their views and interests;

(b) advise the Secretary of State on the views and interests of children;

relating to children;

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(d) consider or research any other matter relating to the interests of

children.

(3) The Children’s Commissioner is to be concerned in particular under this

section with the views and interests of children so far as relating to the

following aspects of their well-being—

(a) physical and mental health;

(b) protection from harm and neglect;

(d) the contribution made by them to society;

(e) social and economic well-being.

(4) The Children’s Commissioner must take reasonable steps to involve children

in the discharge of his function under this section, and in particular to—

(a) ensure that children are made aware of his function and how they may

communicate with him;

(b) consult children, and organisations working with children, on the

matters he proposes to consider or research under subsection (2)(c) or

(d).

(5) The Children’s Commissioner must for the purposes of subsection (4) have

particular regard to groups of children who do not have other adequate means

by which they can make their views known.

(6) The Children’s Commissioner is not under this section to conduct an

investigation of the case of an individual child.

(7) In considering for the purpose of his function under this section what

constitutes the interests of children (generally or so far as relating to a

particular matter) the Children’s Commissioner may have regard to the United

Nations Convention on the Rights of the Child.

(8) In subsection (7) the reference to the United Nations Convention on the Rights

of the Child is to the Convention on the Rights of the Child adopted by the

General Assembly of the United Nations on 20 November 1989, subject to any

reservations, objections or interpretative declarations by the United Kingdom

for the time being in force.

Annual report of Commissioner

(1) As soon as possible after the end of each financial year the Children’s

Commissioner must make a report on—

(a) the way in which he has discharged his function under section 2 during

the year;

(b) what he has found in the course of exercising that function during the

year; and

year.

(2) The Children’s Commissioner must in particular under subsection (1)(a)

include an account of the steps taken by him under section 2(4).

(3) Where the Children’s Commissioner makes a report under this section—

(a) he must send a copy to the Secretary of State; and

(b) the Secretary of State must lay a copy before each House of Parliament.

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(4) The Children’s Commissioner must publish a report made under this section

as soon as possible after the Secretary of State has discharged his function

under subsection (3)(b).

(5) In this section, “financial year” has the same meaning as in paragraph 8 of

Schedule 1.

Inquiries held by Commissioner

(1) Where the Secretary of State considers that the case of an individual child raises

issues of relevance to other children, he may direct the Children’s

Commissioner to hold an inquiry into that case.

(2) The Children’s Commissioner may, if he thinks fit, hold an inquiry under this

section, or any part of it, in private.

(3) The Children’s Commissioner must, as soon as possible after the completion of

an inquiry under this section, make a report in relation to the inquiry and send

a copy to the Secretary of State.

(4) The Secretary of State must, subject to subsection (5), publish each report

received by him under this section in such manner as he thinks fit.

(5) Where a report made under this section identifies an individual child and the

Secretary of State considers that it would be undesirable for the identity of the

child to be made public—

(a) the Secretary of State may amend the report and publish the amended

report only; or

(b) if he considers that it is not possible to publish the report without

identifying the child, he need not publish the report.

(6) The Secretary of State must lay a copy of each report published by him under

this section before each House of Parliament.

(7) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)

apply for the purposes of an inquiry held under this section in England and

Wales as they apply for the purposes of a local inquiry under that section.

(8) Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act

1973 (c. 65) apply for the purposes of an inquiry held under this section in

Scotland with the substitution (notwithstanding the provisions of section 53 of

the Scotland Act 1998 (c. 46) (general transfer of functions to the Scottish

Ministers)) for references to the Minister of references to the Secretary of State.

(9) Paragraphs 2 to 8 of Schedule 8 to the Health and Personal Social Services

(Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes

of an inquiry held under this section in Northern Ireland with the substitution

for references to the Ministry of references to the Secretary of State.

Relationship with other Commissioners

(1) The Children’s Commissioner is not under section 2 to be concerned with—

(a) any matter falling within the remit of the Children’s Commissioner for

Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14)

in relation to children to whom Part 5 of that Act applies;

(b) any matter relating to children in Scotland which is not a reserved

matter (within the meaning of the Scotland Act 1998); or

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transferred or reserved matter (within the meaning of the Northern

Ireland Act 1998 (c. 47)).

(2) In discharging his function under section 2 the Children’s Commissioner

must—

(a) to the extent that the matters with which he is concerned relate to

children in Wales, take account of the views of and any work

undertaken by the Children’s Commissioner for Wales;

(b) to the extent that such matters relate to children in Scotland, take

account of the views of and any work undertaken by the Commissioner

for Children and Young People in Scotland;

take account of the views of and any work undertaken by the

Commissioner for Children and Young People for Northern Ireland.

(3) The Secretary of State may not under section 4 give a direction to the Children’s

Commissioner to hold an inquiry where the issues referred to in subsection (1)

of that section relate to a matter referred to subsection (1)(a) to (c) above.

ART

HILDREN

’

SERVICES

NGLAND

General

Co-operation to improve well-being

(1) Each children’s services authority in England must make arrangements to

promote co-operation between—

(a) the authority;

(b) each of the authority’s relevant partners; and

being persons or bodies of any nature who exercise functions or are

engaged in activities in relation to children in the authority’s area.

(2) The arrangements are to be made with a view to improving the well-being of

children in the authority’s area so far as relating to—

(a) physical and mental health;

(b) protection from harm and neglect;

(d) the contribution made by them to society;

(e) social and economic well-being.

(3) For the purposes of this section each of the following is a relevant partner of a

children’s services authority in England—

(a) where the authority is a county council for an area for which there is

also a district council, the district council;

(b) the police authority and the chief officer of police for a police area any

part of which falls within the area of the children’s services authority;

area of the authority;

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(d) a Strategic Health Authority and Primary Care Trust for an area any

part of which falls within the area of the authority;

(e) a person providing services under section 114 of the Learning and Skills

Act 2000 (c. 21) in any part of the area of the authority;

(f) the Learning and Skills Council for England.

(4) The relevant partners of a children’s services authority in England must co-

operate with the authority in the making of arrangements under this section.

(5) A children’s services authority in England and any of their relevant partners

may for the purposes of arrangements under this section establish and

maintain a pooled fund.

(6) For the purposes of subsection (5) a pooled fund is a fund—

(a) which is made up of contributions by the authority and the relevant

partner or partners concerned; and

(b) out of which payments may be made towards expenditure incurred in

the discharge of functions of the authority and functions of the relevant

partner or partners.

(7) A children’s services authority in England and each of their relevant partners

must in exercising their functions under this section have regard to any

guidance given to them for the purpose by the Secretary of State.

(8) Arrangements under this section may include arrangements relating to—

(a) persons aged 18 and 19;

(b) persons over the age of 19 who are receiving services under sections

23C to 24D of the Children Act 1989 (c. 41);

difficulty, within the meaning of section 13 of the Learning and Skills

Act 2000, and are receiving services under that Act.

Arrangements to safeguard and promote welfare

(1) This section applies to each of the following—

(a) a children’s services authority in England;

(b) a district council which is not such an authority;

(d) a Primary Care Trust;

(e) an NHS trust all or most of whose hospitals, establishments and

facilities are situated in England;

(f) an NHS foundation trust;

(g) the police authority and chief officer of police for a police area in

England;

(h) a local probation board for an area in England;

(i) a youth offending team for an area in England;

(j) the governor of a prison or secure training centre in England (or, in the

case of a contracted out prison or secure training centre, its director);

(k) any person to the extent that he is providing services under section 114

of the Learning and Skills Act 2000.

(2) Each person and body to whom this section applies must make arrangements

for ensuring that—

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(a) their functions are discharged having regard to the need to safeguard

and promote the welfare of children; and

(b) any services provided by another person pursuant to arrangements

made by the person or body in the discharge of their functions are

provided having regard to that need.

(3) In the case of a children’s services authority in England, the reference in

subsection (2) to functions of the authority does not include functions to which

section 175 of the Education Act 2002 (c. 32) applies.

(4) Each person and body to whom this section applies must in discharging their

duty under this section have regard to any guidance given to them for the

purpose by the Secretary of State.

Information sharing

(1) The Secretary of State may for the purpose of arrangements under section 6 or

7 above or under section 175 of the Education Act 2002—

(a) by regulations require children’s services authorities in England to

establish and operate databases containing information in respect of

persons to whom such arrangements relate; or

(b) himself establish and operate, or make arrangements for the operation

and establishment of, one or more databases containing such

information.

(2) The Secretary of State may for the purposes of arrangements under subsection

(1)(b) by regulations establish a body corporate to establish and operate one or

more databases.

(3) The Secretary of State may by regulations make provision in relation to the

establishment and operation of any database or databases under this section.

(4) Regulations under subsection (3) may in particular make provision—

(a) as to the information which must or may be contained in any database

under this section;

(b) permitting or requiring the disclosure of information for inclusion in

any such database;

such database;

(d) permitting or requiring any person to be given access to any such

database for the purpose of adding or reading information;

(e) in a case where a database is established by virtue of subsection (1)(b),

requiring children’s services authorities in England to participate in the

operation of the database.

(5) The information for which provision may be made under subsection (4)(a)

includes in particular—

(a) information as to services provided to, or activities carried out in

relation to, a person to whom arrangements referred to in subsection (1)

relate;

(b) information as to the existence of any cause for concern in relation to

such a person.

(6) The provision which may be made under subsection (4)(b) to (d) includes

provision for a person of a description specified in the regulations to determine

what must or may be done under the regulations.

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(7) Regulations under subsection (3) may also provide that anything which must

or may be done under the regulations must or may be done notwithstanding

any rule of common law which prohibits or restricts the disclosure of

information.

(8) Any person or body establishing or operating a database under this section

must in the establishment or operation of the database have regard to any

guidance, and comply with any direction, given to that person or body by the

Secretary of State.

(9) Guidance or directions under subsection (8) may in particular relate to—

(a) the conditions on which access must or may be given to a database

under this section;

(b) the management of any such database;

(d) the security of any such database;

(e) the transfer of information from one database under this section to

another.

Local Safeguarding Children Boards

Establishment of LSCBs

(1) Each children’s services authority in England must establish a Local

Safeguarding Children Board for their area.

(2) A Board established under this section must include such representative or

representatives of—

(a) the authority by which it is established, and

(b) each Board partner of that authority,

as the Secretary of State may by regulations prescribe.

(3) For the purposes of this section each of the following is a Board partner of a

children’s services authority in England—

(a) where the authority is a county council for an area for which there is

also a district council, the district council;

(b) the chief officer of police for a police area any part of which falls within

the area of the authority;

area of the authority;

(d) a Strategic Health Authority and a Primary Care Trust for an area any

part of which falls within the area of the authority;

(e) an NHS trust and an NHS foundation trust all or most of whose

hospitals, establishments and facilities are situated in the area of the

authority;

(f) a person providing services under section 114 of the Learning and Skills

Act 2000 (c. 21) in any part of the area of the authority;

(g) the Children and Family Court Advisory and Support Service;

(h) the governor of any secure training centre in the area of the authority

(or, in the case of a contracted out secure training centre, its director);

(i) the governor of any prison in the area of the authority which ordinarily

detains children (or, in the case of a contracted out prison, its director).

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(4) A children’s services authority in England must take reasonable steps to

ensure that the Local Safeguarding Children Board established by them

includes representatives of relevant persons and bodies of such descriptions as

may be prescribed by the Secretary of State in regulations.

(5) A Local Safeguarding Children Board established under this section may also

include representatives of such other relevant persons or bodies as the

authority by which it is established consider, after consulting their Board

partners, should be represented on it.

(6) For the purposes of subsections (4) and (5), relevant persons and bodies are

persons and bodies of any nature exercising functions or engaged in activities

relating to children in the area of the authority in question.

(7) In the establishment of a Local Safeguarding Children Board under this

section—

(a) the authority establishing it must co-operate with each of their Board

partners; and

(b) each Board partner must co-operate with the authority.

(8) Two or more children’s services authorities in England may discharge their

respective duties under subsection (1) by establishing a Local Safeguarding

Children Board for their combined area (and where they do so, any reference

in this section or sections 10 to 12 to the authority establishing the Board shall

be read as a reference to the authorities establishing it).

Functions and procedure of LSCBs

(1) The objective of a Local Safeguarding Children Board established under

section 9 is—

(a) to co-ordinate what is done by each person or body represented on the

Board for the purposes of safeguarding and promoting the welfare of

children in the area of the authority by which it is established; and

(b) to ensure the effectiveness of what is done by each such person or body

for those purposes.

(2) A Local Safeguarding Children Board established under section 9 is to have

such functions in relation to its objective as the Secretary of State may by

regulations prescribe (which may in particular include functions of review or

investigation).

(3) The Secretary of State may by regulations make provision as to the procedures

to be followed by a Local Safeguarding Children Board established under

section 9.

Funding of LSCBs

(1) Any person or body specified in subsection (2) may make payments towards

expenditure incurred by, or for purposes connected with, a Local Safeguarding

Children Board established under section 9—

(a) by making the payments directly; or

(b) by contributing to a fund out of which the payments may be made.

(2) The persons and bodies referred to in subsection (1) are—

(a) the children’s services authority in England by which the Board is

established;

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(b) any person who is a Board partner of the authority under section 9(3)(a)

to (g);

Board partner of the authority, the Secretary of State; and

(d) in a case where the director of a contracted out secure training centre or

prison is a Board partner of the authority, the contractor.

LSCBs: supplementary

(1) The Secretary of State may by regulations make provision as to the functions of

children’s services authorities in England relating to Local Safeguarding

Children Boards established by them.

(2) A children’s services authority in England and each of their Board partners

must, in exercising their functions relating to a Local Safeguarding Children

Board, have regard to any guidance given to them for the purpose by the

Secretary of State.

Local authority administration

Director of children’s services

(1) A children’s services authority in England may, and with effect from the

appointed day must, appoint an officer for the purposes of—

(a) the functions conferred on or exercisable by the authority which are

specified in subsection (2); and

(b) such other functions conferred on or exercisable by the authority as

may be prescribed by the Secretary of State by regulations.

(2) The functions referred to in subsection (1)(a) are—

(a) functions conferred on or exercisable by the authority in their capacity

as a local education authority;

(b) functions conferred on or exercisable by the authority which are social

services functions (within the meaning of the Local Authority Social

Services Act 1970 (c. 42)), so far as those functions relate to children;

the Children Act 1989 (c. 41) (so far as not falling within paragraph (b));

(d) the functions conferred on the authority under sections 6 to 8 of this

Act; and

(e) any functions exercisable by the authority under section 31 of the

Health Act 1999 (c. 8) on behalf of an NHS body (within the meaning of

that section), so far as those functions relate to children.

(3) Subsection (2)(a) does not include—

(a) functions under section 120(3) of the Education Reform Act 1988 (c. 40)

(functions of LEAs with respect to higher and further education);

(b) functions under section 85(2) and (3) of the Further and Higher

Education Act 1992 (c. 13) (finance and government of locally funded

further and higher education);

23 of the Learning and Skills Act 2000 (c. 21) (education for persons

who have attained the age of 19);

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(d) functions under section 22 of the Teaching and Higher Education Act

1998 (c. 30) (financial support to students);

(e) such other functions conferred on or exercisable by a children’s services

authority in England in their capacity as a local education authority as

the Secretary of State may by regulations prescribe.

(4) An officer appointed by a children’s services authority in England under this

section is to be known as their “director of children’s services”.

(5) The director of children’s services appointed by a children’s services authority

in England may also have responsibilities relating to such functions conferred

on or exercisable by the authority, in addition to those specified in subsection

(1), as the authority consider appropriate.

(6) The functions in relation to which a director of children’s services may have

responsibilities by virtue of subsection (5) include those referred to in

subsection (3)(a) to (e).

(7) A children’s services authority in England must have regard to any guidance

given to them by the Secretary of State for the purposes of this section.

(8) Two or more children’s services authorities in England may for the purposes

of this section, if they consider that the same person can efficiently discharge,

for both or all of them, the responsibilities of director of children’s services,

concur in the appointment of a person as director of children’s services for both

or all of them.

(9) The amendments in Schedule 2—

(a) have effect, in relation to any authority which appoint a director of

children’s services before the appointed day, from the day of his

appointment; and

(b) on and after the appointed day have effect for all purposes.

(10) In this section, “the appointed day” means such day as the Secretary of State

may by order appoint.

Lead member for children’s services

(1) A children’s services authority in England must, in making arrangements for

the discharge of—

(a) the functions conferred on or exercisable by the authority specified in

section 13(1)(a) and (b), and

(b) such other functions conferred on or exercisable by the authority as the

authority consider appropriate,

designate one of their members as their “lead member for children’s services”.

(2) A children’s services authority in England must have regard to any guidance

given to them by the Secretary of State for the purposes of subsection (1).

Inspections of children’s services

Joint area reviews

(1) The Secretary of State may by regulations require the persons and bodies to

which this section applies to conduct, at such times or intervals as may be

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specified in the regulations, reviews of all children’s services provided in the

area of each children’s services authority in England.

(2) Any two or more of the persons and bodies to which this section applies must,

at the request of the Secretary of State, conduct a review of any children’s

services provided in the area of such children’s services authority in England

as may be specified in the request.

(3) Any two or more of the persons and bodies to which this section applies may

conduct a review of any children’s services provided in the area of a particular

children’s services authority in England.

(4) The purpose of a review under this section is to evaluate the extent to which,

taken together, the children’s services being reviewed improve the well-being

of children and relevant young persons.

(5) The persons and bodies to which this section applies are—

(a) the Chief Inspector of Schools;

(b) the Adult Learning Inspectorate;

(d) the Commission for Healthcare Audit and Inspection;

(e) the Audit Commission for Local Authorities and the National Health

Service in England and Wales;

(f) the chief inspector of constabulary;

(g) Her Majesty’s Chief Inspector of the National Probation Service for

England and Wales;

(h) Her Majesty’s Chief Inspector of Court Administration; and

(i) the Chief Inspector of Prisons.

(6) Reviews under this section are to be conducted in accordance with

arrangements made by the Chief Inspector of Schools.

(7) Before making arrangements for the purposes of reviews under this section the

Chief Inspector of Schools must consult such of the other persons and bodies

to which this section applies as he considers appropriate.

(8) The annual report of the Chief Inspector of Schools required by subsection

(7)(a) of section 2 of the School Inspections Act 1996 (c. 57) to be made to the

Secretary of State must include an account of reviews under this section; and

the power conferred by subsection (7)(b) of that section to make other reports

to the Secretary of State includes a power to make reports about such reviews.

(9) The Secretary of State may by regulations make provision for the purposes of

reviews under this section and in particular provision—

(a) requiring or facilitating the sharing or production of information for the

purposes of a review under this section;

(b) authorising any person or body conducting a review under this section

to enter any premises for the purposes of the review;

under this section;

(d) for the making by such persons as may be specified in or under the

regulations of written statements of proposed action in the light of the

report and the period within which any such action must or may be

taken;

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(e) for the disapplication, in consequence of a requirement under this

section, of any requirement under any other enactment to conduct a

review, inspection or investigation.

Framework

(1) The Chief Inspector of Schools must devise a Framework for Inspection of

Children’s Services (“the Framework”).

(2) The Framework must, for the purpose specified in subsection (3), set out

principles to be applied by any person or body conducting a relevant

inspection, review or investigation.

(3) The purpose referred to in subsection (2) is to ensure that relevant inspections,

reviews and investigations properly evaluate and report on the extent to which

children’s services improve the well-being of children and relevant young

persons.

(4) The principles in the Framework may—

(a) include principles relating to the organisation of the results of any

relevant inspection, review or investigation;

(b) make different provision for different cases.

(5) For the purposes of subsections (2) to (4) a relevant inspection, review or

investigation is one conducted under any enactment in relation to any

children’s services.

(6) When devising the Framework, the Chief Inspector of Schools must consult the

other persons and bodies to which section 15 applies.

(7) The Chief Inspector of Schools must publish the Framework, but before doing

so must—

(a) consult such persons and bodies, other than those referred to in

subsection (6), as he thinks fit; and

(b) obtain the consent of the Secretary of State.

(8) The Chief Inspector of Schools may at any time revise the Framework (and

subsections (6) and (7) apply in relation to revisions to the Framework as to the

original Framework).

Co-operation and delegation

(1) Each person or body with functions under any enactment of conducting

inspections, reviews or investigations of children’s services must for the

purposes of those inspections, reviews or investigations co-operate with other

persons or bodies with such functions.

(2) A person or body with functions under any enactment of conducting

inspections, reviews or investigations of children’s services may delegate any

of those functions to any other person or body with such functions.

Sections 15 to 17: interpretation

(1) This section applies for the purposes of sections 15 to 17.
(2) “Children’s services” means anything done for or in relation to children and

relevant young persons (alone or with other persons)—

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(a) in respect of which, apart from section 15, a person or body to which

that section applies conducts any kind of inspection, review or

investigation, or secures that any kind of inspection, review or

investigation is conducted; and

(b) which is specified in, or of a description prescribed by, regulations

made by the Secretary of State.

(3) “Relevant young persons” means persons, other than children, in relation to

whom arrangements under section 6 may be made.

(4) “The Chief Inspector of Schools” means Her Majesty’s Chief Inspector of

Schools in England.

Performance rating of social services

(1) In section 79(2) of the Health and Social Care (Community Health and

Standards) Act 2003 (c.43) (duty of Commission for Social Care Inspection to

award a performance rating to a local authority), for the words from “a

performance rating” to the end substitute—

“(a) a performance rating to that authority in respect of all the

English local authority social services provided by, or pursuant

to arrangements made by, that authority—

(i) to or so far as relating to persons under the age of

eighteen; or

(ii) under sections 23C to 24D of the Children Act 1989; and

(b) a performance rating to that authority in respect of all other

English local authority social services provided by, or pursuant

to arrangements made by, that authority.”

(2) In section 81(2) of that Act (duty of the Commission to inform the Secretary of

State where it awards the lowest performance rating under section 79), for

“section 79” substitute “section 79(2)(a) or (b)”.

ART

HILDREN

’

SERVICES

ALES

General

Co-operation to improve well-being: Wales

(1) Each children’s services authority in Wales must make arrangements to

promote co-operation between—

(a) the authority;

(b) each of the authority’s relevant partners; and

being persons or bodies of any nature who exercise functions or are

engaged in activities in relation to children in the authority’s area.

(2) The arrangements are to be made with a view to improving the well-being of

children in the authority’s area so far as relating to —

(a) physical and mental health;

(b) protection from harm and neglect;

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Part 3 — Children’s services in Wales

(d) the contribution made by them to society;

(e) social and economic well-being.

(3) For the purposes of this section each of the following is the relevant partner of

a children’s services authority in Wales—

(a) the police authority and the chief officer of police for a police area any

part of which falls within the area of the children’s services authority;

(b) a local probation board for an area any part of which falls within the

area of the authority;

of the authority;

(d) an NHS trust all or most of whose hospitals, establishments and

facilities are situated in the area of the authority;

(e) the National Council for Education and Training for Wales.

(4) The relevant partners of a children’s services authority in Wales must co-

operate with the authority in the making of arrangements under this section.

(5) A children’s services authority in Wales and any of their relevant partners may

for the purposes of arrangements under this section establish and maintain a

pooled fund.

(6) For the purposes of subsection (5) a pooled fund is a fund—

(a) which is made up of contributions by the authority and the relevant

partner or partners concerned; and

(b) out of which payments may be made towards expenditure incurred in

the discharge of functions of the authority and functions of the relevant

partner or partners.

(7) A children’s services authority in Wales and each of their relevant partners

must in exercising their functions under this section have regard to any

guidance given to them for the purpose by the Assembly.

(8) Arrangements under this section may include arrangements relating to—

(a) persons aged 18 and 19;

(b) persons over the age of 19 who are receiving—

(i) services under sections 23C to 24D of the Children Act 1989

(c. 41); or

(ii) youth support services (within the meaning of section 123 of the

Learning and Skills Act 2000 (c. 21)).

Responsibility for functions under section 20

(1) A children’s services authority in Wales must—

(a) appoint an officer, to be known as the “lead director for children and

young people’s services”, for the purposes of co-ordinating and

overseeing arrangements made under section 20; and

(b) designate one of their members, to be known as the “lead member for

children and young people’s services”, to have as his special care the

discharge of the authority’s functions under that section.

(2) A Local Health Board must—

(a) appoint an officer, to be known as the Board’s “lead officer for children

and young people’s services”, for the purposes of the Board’s functions

under section 20; and

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(b) designate one of the Board’s members who is not an officer as its “lead

member for children and young people’s services” to have the

discharge of those functions as his special care.

(3) An NHS trust to which section 20 applies must—

(a) appoint an executive director, to be known as the trust’s “lead

executive director for children and young people’s services”, for the

purposes of the trust’s functions under that section; and

(b) designate one of the trust’s non-executive directors as its “lead non-

executive director for children and young people’s services” to have the

discharge of those functions as his special care.

(4) Each children’s services authority in Wales, Local Health Board and NHS trust

to which section 20 applies must have regard to any guidance given to them by

the Assembly in relation to—

(a) their functions under this section;

(b) the responsibilities of the persons appointed or designated by them

under this section.

Arrangements to safeguard and promote welfare: Wales

(1) This section applies to each of the following—

(a) a children’s services authority in Wales;

(b) a Local Health Board;

facilities are situated in Wales;

(d) the police authority and chief officer of police for a police area in Wales;

(e) a local probation board for an area in Wales;

(f) a youth offending team for an area in Wales;

(g) the governor of a prison or secure training centre in Wales (or, in the

case of a contracted out prison or secure training centre, its director);

(h) any person to the extent that he is providing services pursuant to

arrangements made by a children’s services authority in Wales under

section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth

support services).

(2) Each person and body to whom this section applies must make arrangements

for ensuring that—

(a) their functions are discharged having regard to the need to safeguard

and promote the welfare of children; and

(b) any services provided by another person pursuant to arrangements

made by the person or body in the discharge of their functions are

provided having regard to that need.

(3) In the case of a children’s services authority in Wales, the reference in

subsection (2) to functions of the authority does not include functions to which

section 175 of the Education Act 2002 (c. 32) applies.

(4) The persons and bodies referred to in subsection (1)(a) to (c) and (h) must in

discharging their duty under this section have regard to any guidance given to

them for the purpose by the Assembly.

(5) The persons and bodies referred to in subsection (1)(d) to (g) must in

discharging their duty under this section have regard to any guidance given to

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Part 3 — Children’s services in Wales

them for the purpose by the Secretary of State after consultation with the

Assembly.

Information sharing: Wales

(1) The Assembly may for the purpose of arrangements under section 20 or 22

above or under section 175 of the Education Act 2002 (c. 32)—

(a) by regulations require children’s services authorities in Wales to

establish and operate databases containing information in respect of

persons to whom such arrangements relate; or

(b) itself establish and operate, or make arrangements for the operation

and establishment of, one or more databases containing such

information.

(2) The Assembly may for the purposes of arrangements under subsection (1)(b)

by regulations establish a body corporate to establish and operate one or more

databases.

(3) The Assembly may by regulations make provision in relation to the

establishment and operation of any database or databases under this section.

(4) Regulations under subsection (3) may in particular make provision—

(a) as to the information which must or may be contained in any database

under this section;

(b) permitting or requiring the disclosure of information for inclusion in

any such database;

such database;

(d) permitting or requiring any person to be given access to any such

database for the purpose of adding or reading information;

(e) in a case where a database is established by virtue of subsection (1)(b),

requiring children’s services authorities in Wales to participate in the

operation of the database.

(5) The information for which provision may be made under subsection (4)(a)

includes in particular—

(a) information as to services provided to, or activities carried out in

relation to, a person to whom arrangements referred to in subsection (1)

relate;

(b) information as to the existence of any cause for concern in relation to

such a person.

(6) The provision which may be made under subsection (4)(b) to (d) includes

provision for a person of a description specified in the regulations to determine

what must or may be done under the regulations.

(7) Regulations under subsection (3) may also provide that anything which must

or may be done under the regulations must or may be done notwithstanding

any rule of common law which prohibits or restricts the disclosure of

information.

(8) Any person or body establishing or operating a database under this section

must in the establishment or operation of the database have regard to any

guidance, and comply with any direction, given to that person by the

Assembly.

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(9) Guidance or directions under subsection (8) may in particular relate to—

(a) the conditions on which access must or may be given to a database

under this section;

(b) the management of any such database;

(d) the security of any such database;

(e) the transfer of information from one database under this section to

another.

Local Safeguarding Children Boards

Establishment of LSCBs in Wales

(1) Each children’s services authority in Wales must establish a Local

Safeguarding Children Board for their area.

(2) A Board established under this section must include such representative or

representatives of—

(a) the authority by which it is established, and

(b) each Board partner of that authority,

as the Assembly may by regulations prescribe.

(3) For the purposes of this section each of the following is a Board partner of a

children’s services authority in Wales—

(a) the chief officer of police for a police area any part of which falls within

the area of the authority;

(b) a local probation board for an area any part of which falls within the

area of the authority;

of the authority;

(d) an NHS trust all or most of whose hospitals, establishments and

facilities are situated in the area of the authority;

(e) the governor of any secure training centre within the area of the

authority (or, in the case of a contracted out secure training centre, its

director);

(f) the governor of any prison in the area of the authority which ordinarily

detains children (or, in the case of a contracted out prison, its director).

(4) A children’s services authority in Wales must take reasonable steps to ensure

that the Local Safeguarding Children Board established by them includes

representatives of relevant persons and bodies of such descriptions as may be

prescribed by the Assembly in regulations.

(5) A Local Safeguarding Children Board established under this section may also

include representatives of such other relevant persons or bodies as the

authority by which it is established consider, after consulting their Board

partners, should be represented on it.

(6) For the purposes of subsections (4) and (5), relevant persons and bodies are

persons and bodies of any nature exercising functions or engaged in activities

relating to children in the area of the authority in question.

(7) In the establishment of a Local Safeguarding Children Board under this

section—

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Part 3 — Children’s services in Wales

(a) the authority establishing it must co-operate with each of their Board

partners; and

(b) each Board partner must co-operate with the authority.

(8) Two or more children’s services authorities in Wales may discharge their

respective duties under subsection (1) by establishing a Local Safeguarding

Children Board for their combined area (and where they do so, any reference

in this section and sections 25 to 27 to the authority establishing the Board shall

be read as a reference to the authorities establishing it).

Functions and procedure of LSCBs in Wales

(1) The objective of a Local Safeguarding Children Board established under

section 24 is—

(a) to co-ordinate what is done by each person or body represented on the

Board for the purposes of safeguarding and promoting the welfare of

children in the area of the authority by which it is established; and

(b) to ensure the effectiveness of what is done by each such person or body

for those purposes.

(2) A Local Safeguarding Children Board established under section 24 is to have

such functions in relation to its objective as the Assembly may by regulations

prescribe (which may in particular include functions of review or

investigation).

(3) The Assembly may by regulations make provision as to the procedures to be

followed by a Local Safeguarding Children Board established under section 24.

Funding of LSCBs in Wales

(1) Any person or body specified in subsection (2) may make payments towards

expenditure incurred by, or for purposes connected with, a Local Safeguarding

Children Board established under section 24—

(a) by making the payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(2) The persons and bodies referred to in subsection (1) are—

(a) the children’s services authority in Wales by which the Board is

established;

(b) any person who is a Board partner of the authority under section

24(3)(a) to (d);

Board partner of the authority, the Secretary of State; and

(d) in a case where the director of a contracted out secure training centre or

prison is a Board partner of the authority, the contractor.

LSCBs in Wales: supplementary

(1) The Assembly may by regulations make provision as to the functions of

children’s services authorities in Wales relating to Local Safeguarding

Children Boards established by them.

(2) A children’s services authority in Wales and each of their Board partners must,

in exercising their functions relating to a Local Safeguarding Children Board,

have regard to any guidance given to them for the purpose by the Assembly.

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Part 4 — Advisory and support services for family proceedings

ART

DVISORY

AND

SUPPORT

SERVICES

FOR

FAMILY

PROCEEDINGS

CAFCASS functions in Wales

Functions of the Assembly relating to family proceedings

(1) In respect of family proceedings in which the welfare of children ordinarily

resident in Wales is or may be in question, it is a function of the Assembly to—

(a) safeguard and promote the welfare of the children;

(b) give advice to any court about any application made to it in such

proceedings;

(d) provide information, advice and other support for the children and

their families.

(2) The Assembly must also make provision for the performance of the functions

conferred on Welsh family proceedings officers by virtue of any enactment

(whether or not they are exercisable for the purposes of subsection (1)).

(3) In subsection (1), “family proceedings” has the meaning given by section 12 of

the Criminal Justice and Court Services Act 2000 (c. 43).

(4) In this Part, “Welsh family proceedings officer” means—

(a) any member of the staff of the Assembly appointed to exercise the

functions of a Welsh family proceedings officer; and

(b) any other individual exercising functions of a Welsh family

proceedings officer by virtue of section 29(2) or (4).

Ancillary powers of the Assembly

(1) The Assembly may make arrangements with organisations under which the

organisations perform the functions of the Assembly under section 28 on its

behalf.

(2) Arrangements under subsection (1) may provide for the organisations to

designate individuals who may perform functions of Welsh family

proceedings officers.

(3) The Assembly may only make an arrangement under subsection (1) if it is of

the opinion—

(a) that the functions in question will be performed efficiently and to the

required standard; and

(b) that the arrangement represents good value for money.

(4) The Assembly may make arrangements with individuals under which they

may perform functions of Welsh family proceedings officers.

(5) The Assembly may make arrangements with an organisation or individual

under which staff of the Assembly engaged in the exercise of its functions

under section 28 may work for the organisation or individual.

(6) The Assembly may make arrangements with an organisation or individual

under which any services provided by the Assembly’s staff to the Assembly in

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Part 4 — Advisory and support services for family proceedings

the exercise of its functions under section 28 are also made available to the

organisation or individual.

(7) The Assembly may charge for anything done under arrangements under

subsection (5) and (6).

(8) In this section, references to organisations include public bodies and private or

voluntary organisations.

Welsh family proceedings officers

(1) The Assembly may authorise a Welsh family proceedings officer of a

description prescribed in regulations made by the Secretary of State—

(a) to conduct litigation in relation to any proceedings in any court,

(b) to exercise a right of audience in any proceedings in any court,

in the exercise of his functions.

(2) A Welsh family proceedings officer exercising a right to conduct litigation by

virtue of subsection (1)(a) who would otherwise have such a right by virtue of

section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) is to be treated

as having acquired that right solely by virtue of this section.

(3) A Welsh family proceedings officer exercising a right of audience by virtue of

subsection (1)(b) who would otherwise have such a right by virtue of section

27(2)(a) of the Courts and Legal Services Act 1990 is to be treated as having

acquired that right solely by virtue of this section.

(4) A Welsh family proceedings officer may, subject to rules of court, be cross-

examined in any proceedings to the same extent as any witness.

(5) But a Welsh family proceedings officer may not be cross-examined merely

because he is exercising a right to conduct litigation or a right of audience

granted in accordance with this section.

(6) In this section, “right to conduct litigation” and “right of audience” have the

same meanings as in section 119 of the Courts and Legal Services Act 1990.

Inspections

(1) Her Majesty’s Inspectorate of Court Administration must at the request of the

Assembly inspect, and report to the Assembly on—

(a) the discharge by the Assembly of its functions under this Part; and

(b) the discharge by Welsh family proceedings officers of their functions

under this Part and any other enactment.

(2) The Assembly may only make a request under subsection (1) with the consent

of the Secretary of State.

Protection of children

(1) The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as

if the Assembly, in performing its functions under sections 28 and 29, were a

child care organisation within the meaning of that Act.

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(2) Arrangements which the Assembly makes with an organisation under section

29(1) must provide that, before selecting an individual to be employed under

the arrangements in a child care position, the organisation—

(a) must ascertain whether the individual is included in any of the lists

mentioned in section 7(1) of the 1999 Act, and

(b) if he is included in any of those lists, must not select him for that

employment.

(3) Such arrangements must provide that, if at any time the organisation has

power to refer an individual who is or has been employed in a child care

position under the arrangements to the Secretary of State under section 2 of the

1999 Act (inclusion in list on reference following disciplinary actions etc), the

organisation must so refer him.

(4) In this section, “child care position” and “employment” have the same

meanings as in the 1999 Act.

Advisory and support services for family proceedings: supplementary

Schedule 3 (which makes supplementary and consequential provision relating

to this Part, including provision relating to functions of Welsh family

proceedings officers) has effect.

Transfers

Transfer of property from CAFCASS to Assembly

(1) For the purposes of the exercise of functions conferred on the Assembly by or

under this Part, the Assembly and the Secretary of State may jointly by order

make one or more schemes for the transfer to the Assembly of property, rights

and liabilities of the Children and Family Court Advisory and Support Service

(in this section, “CAFCASS”).

(2) The reference in subsection (1) to rights and liabilities does not include rights

and liabilities under a contract of employment.

(3) A scheme under this section may—

(a) specify the property, rights and liabilities to be transferred by the

scheme; or

(b) provide for the determination, in accordance with the scheme, of the

property, rights and liabilities to be transferred by the scheme.

(4) A scheme under this section may include provision for the creation of rights,

or the imposition of liabilities, in relation to property transferred by the

scheme.

(5) A scheme under this section has effect in relation to any property, rights and

liabilities to which it applies despite any provision (of whatever nature) which

would otherwise prevent, penalise or restrict their transfer.

(6) A right of pre-emption or reverter or other similar right does not operate or

become exercisable as a result of any transfer under a scheme under this

section; and in the case of such a transfer, any such right has effect as if the

Assembly were the same person in law as CAFCASS and as if the transfer had

not taken place.

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(7) The Assembly is to pay such compensation as is just to any person in respect

of any right which would, apart from subsections (5) and (6), have operated in

favour of, or become exercisable by, that person but which, in consequence of

the operation of those subsections, cannot subsequently operate in his favour

or become exercisable by him.

(8) A scheme under this section may provide for the determination of any disputes

as to whether and, if so, how much compensation is payable under subsection

(7).

(9) Subsections (5) to (8) apply in relation to the creation of rights in relation to

property as they apply in relation to a transfer of property.

(10) A certificate issued by the Secretary of State and the Assembly jointly that any

property, rights or liabilities have or have not been transferred by a scheme

under this section is conclusive evidence as to whether they have or have not

been so transferred.

Transfer of staff from CAFCASS to Assembly

(1) For the purpose of the exercise of functions conferred on the Assembly by or

under this Part, the Assembly and the Secretary of State may jointly by order

make one or more schemes for the transfer of employees of CAFCASS to the

Assembly.

(2) A scheme under this section may apply—

(a) to any description of employees of CAFCASS;

(b) to any individual employee of CAFCASS.

(3) A contract of employment of an employee transferred under a scheme under

this section—

(a) is not terminated by the transfer; and

(b) has effect from the date of the transfer under the scheme as if originally

made between the employee and the Assembly.

(4) Where an employee is so transferred—

(a) all the rights, powers, duties and liabilities of CAFCASS under or in

connection with the contract of employment are by virtue of this

subsection transferred to the Assembly on the date of the transfer under

the scheme; and

(b) anything done before that date by or in relation to CAFCASS in respect

of that contract or the employee is to be treated from that date as having

been done by or in relation to the Assembly.

This subsection does not prejudice the generality of subsection (3).

(5) But if the employee informs the Assembly or CAFCASS that he objects to the

transfer—

(a) subsections (3) and (4) do not apply; and

(b) his contract of employment is terminated immediately before the date

of transfer but the employee is not to be treated, for any reason, as

having been dismissed by CAFCASS.

(6) This section does not prejudice any right of an employee to terminate his

contract of employment if (apart from the change of employer) a substantial

change is made to his detriment in his working conditions.

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Part 4 — Advisory and support services for family proceedings

(7) A scheme may be made under this section only if any requirements about

consultation prescribed in regulations made by the Secretary of State and the

Assembly jointly have been complied with in relation to each of the employees

of CAFCASS to be transferred under the scheme.

(8) In this section “CAFCASS” has the same meaning as in section 34.

ART

ISCELLANEOUS

Private fostering

Amendments to notification scheme

(1) Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered

children) is amended as specified in subsections (2) to (6).

(2) In subsection (1)—

(a) after “who are” insert “or are proposed to be”;

(b) after “is being” insert “or will be”;

(3) After subsection (2) insert—

“(2A) Regulations under subsection (2)(b) may impose requirements as to the

action to be taken by a local authority for the purposes of discharging

their duty under subsection (1) where they have received notification of

a proposal that a child be privately fostered.”

(4) In subsection (3) for “to visit privately fostered children” substitute “for the

purpose”.

(5) In subsection (5)—

(a) after “child who is” insert “or is proposed to be”;

(b) after “is being” insert “or will be”.

(6) After subsection (5) insert—

“(6) The Secretary of State may make regulations requiring a local authority

to monitor the way in which the authority discharge their functions

under this Part (and the regulations may in particular require the

authority to appoint an officer for that purpose).”

(7) In Schedule 8 to that Act (privately fostered children) after paragraph 7

insert—

“7A

Every local authority must promote public awareness in their area of

requirements as to notification for which provision is made under

paragraph 7.”

Power to establish registration scheme in England

(1) The Secretary of State may by regulations require any person who fosters a

child privately in the area of a children’s services authority in England to be

registered for private fostering by that authority in accordance with the

regulations.

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Part 5 — Miscellaneous

(2) Regulations under this section may make supplementary provision relating to

the registration of persons for private fostering, including provision as to—

(a) how a person applies for registration and the procedure to be followed

in considering an application;

(b) the requirements to be satisfied before a person may be registered;

registered;

(d) the circumstances in which an application for registration may or must

be granted or refused;

(e) the payment of a fee on the making or granting of an application for

registration;

(f) the imposition of conditions on registration and the variation or

cancellation of such conditions;

(g) the circumstances in which a person’s registration may be, or be

regarded as, cancelled;

(h) the making of appeals against any determination of a children’s

services authority in England in relation to a person’s registration;

(i) temporary registration, or circumstances in which a person may be

regarded as registered;

(j) requirements to be complied with by a children’s services authority in

England or a person registered under the regulations.

(3) The requirements for which provision may be made under subsection (2)(b)

include requirements relating to—

(a) the suitability of the applicant to foster children privately;

(b) the suitability of the premises in which it is proposed to foster children

privately (including their suitability by reference to any other person

living there).

(4) The provision which may be made under subsection (2)(c) includes provision

that a person may be disqualified where—

(a) an order of a kind specified in the regulations has been made at any

time with respect to him;

(b) an order of a kind so specified has been made at any time with respect

to any child who has been in his care;

respect to any such child, under or by virtue of any enactment;

(d) he has been convicted of a criminal offence of a kind so specified, or a

probation order has been made in respect of him for any such offence

or he has been discharged absolutely or conditionally for any such

offence;

(e) a prohibition has been imposed on him under any specified enactment;

(f) his rights and powers with respect to a child have at any time been

vested in a specified authority under a specified enactment;

(g) he lives in the same household as a person who is himself disqualified

from being registered or in a household in which such a person is

employed.

(5) The provision which may be made under subsection (2)(c) also includes

provision for a children’s services authority in England to determine whether

a person is or is not to be disqualified.

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Part 5 — Miscellaneous

(6) The conditions for which provision may be made under subsection (2)(f)

include conditions relating to—

(a) the maintenance of premises in which children are, or are proposed to

be, privately fostered;

(b) any other persons living at such premises.

(7) The provision which may be made under subsection (2)(j) includes—

(a) a requirement that a person registered under the regulations obtain the

consent of the children’s services authority in England by whom he is

registered before privately fostering a child;

(b) provision relating to the giving of such consent (including provision as

to the circumstances in which, or conditions subject to which, it may or

must be given).

(8) The provision which may be made under subsection (2)(j) also includes—

(a) a requirement for a children’s services authority in England to

undertake annual inspections in relation to persons registered under

the regulations (whether in fact privately fostering children or not); and

(b) provision for the payment of a fee by registered persons in respect of

such inspections.

(9) Regulations under this section may—

(a) authorise a children’s services authority in England to issue a notice to

any person whom they believe to be fostering a child privately in their

area without being registered in accordance with the regulations; and

(b) provide that a person who, without reasonable excuse, fosters a child

privately without being registered in accordance with the regulations

while such a notice is issued in respect of him is guilty of an offence and

liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(10) Regulations under this section may provide that a person registered under the

regulations who without reasonable excuse contravenes or otherwise fails to

comply with any requirement imposed on him in the regulations is guilty of an

offence and liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(11) Regulations under this section may provide that a person who fosters a child

privately while he is disqualified from being registered is guilty of an offence

unless—

(a) he is disqualified by virtue of the fact that he lives in the same

household as a person who is himself disqualified from being

registered or in a household in which such a person is employed; and

(b) he did not know, and had no reasonable grounds for believing, that that

person was so disqualified.

(12) Where regulations under this section make provision under subsection (11),

they must provide that a person who is guilty of the offence referred to in that

subsection is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) a term of imprisonment not exceeding six months, or

(13) Regulations under this section may—

Children Bill [HL]

Part 5 — Miscellaneous

(a) make consequential amendments (including repeals) to sections 67(2)

to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the

Children Act 1989 (c. 41);

(b) amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)

(social services functions) as to add functions of a children’s services

authority in England under this section to the functions listed in that

Schedule.

(14) Nothing in this section affects the scope of section 50(1).
(15) For the purposes of this section references to a person fostering a child

privately have the same meaning as in the Children Act 1989.

Power to establish registration scheme in Wales

(1) The Assembly may by regulations require any person who fosters a child

privately in the area of a children’s services authority in Wales to be registered

for private fostering by that authority in accordance with the regulations.

(2) Subsections (2) to (14) of section 37 apply in relation to regulations under this

section as they apply in relation to regulations under that section with the

substitution for references to a children’s services authority in England of

references to a children’s services authority in Wales.

(3) Subsection (15) of that section applies for the purposes of this section.

Expiry of powers in sections 37 and 38

(1) If no regulations have been made under section 37 by the relevant time, that

section shall (other than for the purposes of section 38(2) and (3)) cease to have

effect at that time.

(2) If no regulations have been made under section 38 by the relevant time, that

section shall cease to have effect at that time.

(3) In this section, the relevant time is the end of the period of four years beginning

with the day on which this Act is passed.

Child minding and day care

Child minding and day care

Schedule 4 (which makes provision amending Part 10A of the Children Act

1989 in relation to child minding and day care) has effect.

Local authority services

Intervention

(1) Section 497A of the Education Act 1996 (c. 56) (power to secure proper

performance of a local education authority’s functions) applies in relation to—

(a) the relevant functions of a children’s services authority in England, and

(b) the relevant functions of a children’s services authority in Wales,

as it applies in relation to the functions of a local education authority referred

to in subsection (1) of that section.

Children Bill [HL]
Part 5 — Miscellaneous

(2) For the purposes of this section, the relevant functions of a children’s services

authority in England or Wales are—

(a) functions conferred on or exercisable by the authority which are social

services functions, so far as those functions relate to children;

(b) the functions conferred on the authority under sections 23C to 24D of

the Children Act 1989 (c. 41) (so far as not falling within paragraph (a));

and

(in the case of a children’s services authority in England) or under

sections 20 and 23 above (in the case of a children’s services authority

in Wales).

(3) In subsection (2)(a) “social services functions” has the same meaning as in the

the Local Authority Social Services Act 1970 (c. 42).

(4) Sections 497AA and 497B of the Education Act 1996 apply accordingly where

powers under section 497A of that Act are exercised in relation to any of the

relevant functions of a children’s services authority in England or Wales.

(5) In the application of sections 497A(2) to (7), 497AA and 497B of that Act in

relation to the relevant functions of a children’s services authority in England

or Wales, references to the local education authority are to be read as references

to the children’s services authority in England or Wales.

(6) In subsection (5) of section 497A of that Act, the reference to functions to which

that section applies includes (for all purposes) relevant functions of a

children’s services authority in England or Wales.

Inspection of local education authorities

(1) In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for

subsection (2) substitute—

“(2) An inspection of a local education authority under this section shall,

subject to subsection (2A), consist of a review of the way in which the

authority are performing any function of theirs.

(2A) In the case of a local education authority in England, the reference in

subsection (2) to any function of the authority does not include a

function falling within the remit of the Adult Learning Inspectorate

under section 53 of the Learning and Skills Act 2000.”

(2) In section 28D of the Disability Discrimination Act 1995 (c. 50) (accessibility

strategies and plans), omit subsection (6).

Duty of local authorities to promote educational achievement

In section 22 of the Children Act 1989 (general duty of local authority in

relation to children looked after by them), after subsection (3) insert—

“(3A) The duty of a local authority under subsection (3)(a) to safeguard and

promote the welfare of a child looked after by them includes in

particular a duty to promote the child’s educational achievement.”

Information about individual children

In section 83 of the Children Act 1989 (c. 41) (research and returns of

Children Bill [HL]

Part 5 — Miscellaneous

information), after subsection (4) insert—

“(4A) Particulars required to be transmitted under subsection (3) or (4) may

include particulars relating to and identifying individual children.”

Miscellaneous amendments for Parts 2 and 3

(1) In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions

which are social services functions), at the end insert—

(2) In Schedule 2 to the Children Act 1989 (local authority support for children and

families), omit paragraph 1A (duty to produce children’s services plans).

Other provisions

Fees payable to adoption review panel members

In section 12 of the Adoption and Children Act 2002 (c. 38) (independent

review of determinations), in subsection (3)(d) (power to make provision as to

the payment of expenses of members of a panel) for “expenses of” substitute

“fees to”.

Power to give financial assistance

(1) Section 14 of the Education Act 2002 (c. 32) (power of Secretary of State and

Assembly to give financial assistance for purposes related to education or

childcare) is amended as specified in subsections (2) to (4).

(2) In subsection (2) of that section (purposes for which assistance may be given),

at the end insert—

“(j) the promotion of the welfare of children and their parents;

(k) the provision of support for parenting (including support for

prospective parents).”

(3) After that subsection insert—

“(2A) In subsection (2)(j), “children” means persons under the age of twenty.”

(4) In the heading to that section, for “childcare” substitute “children etc”.
(5) In the heading to Part 2 of that Act, for “childcare” substitute “children etc”.

Child safety orders

(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2) In section 8(1)(a) (power to make parenting order where a child safety order is

made), at the end insert “or the court determines on an application under

section 12(6) below that a child has failed to comply with any requirement

included in such an order”.

“Children Act 2004

Sections 9 to 12 and 24 to 27

Functions relating to Local

Safeguarding Children Boards.”

Children Bill [HL]
Part 5 — Miscellaneous

(3) In section 11(4) (maximum period permitted for child safety orders), for the

words from “three months” to the end substitute “twelve months”.

(4) In section 12, omit subsections (6)(a) and (7) (power to make care order on

breach of child safety order).

ART

ENERAL

Interpretation

(1) In this Act—

“the Assembly” means the National Assembly for Wales;
“child” means a person under the age of eighteen (and “children” is to be

construed accordingly);

“children’s services authority in England” means—

(a) a county council in England;

(b) a metropolitan district council;

no county council;

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

“children’s services authority in Wales” means a county council or county

borough council in Wales.

(2) This Act applies in relation to the Isles of Scilly subject to such modifications as

may be specified by order made by the Secretary of State.

(3) In this Act—

(a) references to a prison include a young offender institution;

(b) references to a contracted out secure training centre, and to the

contractor in relation to such a secure training centre, have the

meanings given by section 15 of the Criminal Justice and Public Order

Act 1994 (c. 33);

such a prison, have the meanings given by section 84(4) of the Criminal

Justice Act 1991 (c. 53).

(4) Where—

(a) a contract under section 7 of the Criminal Justice and Public Order Act

1994 is for the time being in force in relation to part of a secure training

centre, or

(b) a contract under section 84 of the Criminal Justice Act 1991 is for the

time being in force in relation to part of a prison,

this Act has effect as if each part of the secure training centre or prison were a

separate institution.

Regulations and orders

(1) Any power to make regulations or an order under this Act includes power—

(a) to make different provision for different purposes;

Children Bill [HL]

Part 6 — General

(b) to make different provision for different cases or areas;

provision or savings.

(2) Any power to make regulations or an order under this Act, other than an order

under section 34 or 35, is exercisable by statutory instrument.

(3) The Secretary of State may not make a statutory instrument containing

regulations under section 8 or 37 unless a draft of the instrument has been laid

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

(4) A statutory instrument containing—

(a) any regulations made by the Secretary of State under this Act to which

subsection (3) does not apply, or

(b) an order made by the Secretary of State under section 49(2),

is subject to annulment in pursuance of a resolution of either House of

Parliament.

(5) Subsection (4) does not apply to regulations made by the Secretary of State

jointly with the Assembly under section 35(7).

Commencement

(1) Part 1 comes into force on the day on which this Act is passed.
(2) Part 2 comes into force in accordance with provision made by order by the

Secretary of State.

(3) Part 3 comes into force in accordance with provision made by order by the

Assembly.

(4) Part 4 comes into force in accordance with provision made by order by the

Assembly with the consent of the Secretary of State.

(5) In Part 5—

(a) section 36 so far as relating to England comes into force in accordance

with provision made by order by the Secretary of State, and so far as

relating to Wales in accordance with provision made by order by the

Assembly;

(b) sections 37 to 39 come into force at the end of the period of two months

beginning with the day on which this Act is passed;

accordance with provision made by order by the Secretary of State, and

so far as relating to Wales in accordance with provision made by order

by the Assembly;

(d) section 47 comes into force on the day on which this Act is passed;

(e) section 48 comes into force in accordance with provision made by order

by the Secretary of State.

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

Extent

(1) Part 1 extends to the whole of the United Kingdom (unless otherwise

specifically provided).

(2) Parts 2 to 5 extend to England and Wales only.

Children Bill [HL]

Schedule 1 — Children’s Commissioner

S C H E D U L E S

SCHEDULE 1

Section 1

HILDREN

’

OMMISSIONER

Status

(1) The Children’s Commissioner is to be a corporation sole.
(2) The Children’s Commissioner is not to be regarded as the servant or agent

of the Crown or as enjoying any status, immunity or privilege of the Crown;

and his property is not to be regarded as property of, or property held on

behalf of, the Crown.

General powers

(1) The Children’s Commissioner may do anything which appears to him to be

necessary or expedient for the purpose of, or in connection with, the exercise

of his functions.

(2) In particular he may—

(a) co-operate with other public authorities in the United Kingdom;

(b) enter into contracts; and

Appointment and tenure of office

(1) The Children’s Commissioner is to be appointed by the Secretary of State.
(2) Subject to the provisions of this paragraph, a person shall hold and vacate

office as the Children’s Commissioner in accordance with the terms and

conditions of his appointment as determined by the Secretary of State.

(3) An appointment as the Children’s Commissioner shall be for a term not

exceeding five years.

(4) A person who has held office as the Children’s Commissioner is eligible for

reappointment once only.

(5) The Children’s Commissioner may at any time resign by notice in writing to

the Secretary of State.

(6) The Secretary of State may remove the Children’s Commissioner from office

if he is satisfied that he has—

(a) become unfit or unable properly to discharge his functions; or

(b) behaved in a way that is not compatible with his continuing in office.

Remuneration

The Secretary of State must—

Children Bill [HL]
Schedule 1 — Children’s Commissioner

(a) pay the Children’s Commissioner such remuneration and

allowances, and

(b) pay or make provision for the payment of such pension or gratuities

to or in respect of him,

as may be provided under the terms of his appointment.

Staff

(1) The Children’s Commissioner may appoint any staff he considers necessary

for assisting him in the exercise of his functions, one of whom shall be

appointed as deputy Children’s Commissioner.

(2) During any vacancy in the office of Children’s Commissioner or at any time

when the Children’s Commissioner is for any reason unable to act, the

deputy Children’s Commissioner shall exercise his functions (and any

property or rights vested in the Children’s Commissioner may accordingly

be dealt with by the deputy Children’s Commissioner as if vested in him).

(3) Without prejudice to sub-paragraph (2), any member of the Children’s

Commissioner’s staff may, so far as authorised by him, exercise any of his

functions.

Pensions

(1) In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment

etc to which section 1 of that Act applies)—

(a) in the list of “Other Bodies”, at the end insert “Employment by the

Children’s Commissioner”;

(b) in the list of “Offices”, at the appropriate place insert “Children’s

Commissioner”.

(2) The Secretary of State must pay to the Minister for the Civil Service, at such

times as the Minister may direct, such sums as he may determine in respect

of any increase attributable to sub-paragraph (1) in the sums payable out of

money provided by Parliament under the Superannuation Act 1972.

Funding

The Secretary of State may make payments to the Children’s Commissioner

of such amounts, at such times and on such conditions (if any) as the

Secretary of State considers appropriate.

Accounts

(1) The Children’s Commissioner must—

(a) keep proper accounting records;

(b) prepare a statement of accounts for each financial year; and

State and the Comptroller and Auditor General as soon as possible

after the end of the financial year to which the statement relates.

(2) The Comptroller and Auditor General must examine, certify and report on

each statement of accounts sent to him under sub-paragraph (1)(c) and must

lay copies of the statement and of his report before Parliament.

(3) In this paragraph, “financial year” means—

Children Bill [HL]

Schedule 1 — Children’s Commissioner

(a) the period beginning with the date on which the first Children’s

Commissioner is appointed and ending with 31st March next

following that date; and

(b) each successive period of twelve months ending with 31st March.

Evidence

(1) A document purporting to be duly executed under the seal of the Children’s

Commissioner or to be signed by him or on his behalf is to be received in

evidence and, unless the contrary is proved, taken to be so executed or

signed.

(2) This paragraph does not extend to Scotland.

Regulated position

In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6)

(meaning of “regulated position”), after paragraph (f) insert—

“(fa) Children’s Commissioner and deputy Children’s

Commissioner appointed under Part 1 of the Children Act

2004,”.

Disqualifications

In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of

Schedule 1 (certain disqualifying offices), at the appropriate places insert the

following entries—

“Children’s Commissioner”;
“Member of staff of the Children’s Commissioner”.

In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3

of Schedule 1 (certain disqualifying offices), at the appropriate places insert

the following entries—

“Children’s Commissioner”;
“Member of staff of the Children’s Commissioner”.

SCHEDULE 2

Section 13

IRECTOR

CHILDREN

’

SERVICES

CONSEQUENTIAL

AMENDMENTS

Children and Young Persons Act 1933 (c. 12)

In section 96 of the Children and Young Persons Act 1933 (provisions as to

local authorities), in subsection (8), for “or the chief education officer of the

authority” substitute “of the authority, the director of children’s services (in

the case of an authority in England) or the chief education officer (in the case

of an authority in Wales)”.

Local Authority Social Services Act 1970 (c. 42)

(1) The Local Authority Social Services Act 1970 is amended as follows.
(2) In section 6 (director of social services)—

Children Bill [HL]
Schedule 2 — Director of children’s services: consequential amendments

(a) before subsection (1) insert—

“(A1) A local authority in England shall appoint an officer, to be

known as the director of adult social services, for the

purposes of their social services functions, other than those

for which the authority’s director of children’s services is

responsible under section 13 of the Children Act 2004.”;

(b) in subsection (1), after “local authority” insert “in Wales”;

social services or (as the case may be)”;

(d) in subsection (6), for “a director of social services” substitute “a

person under this section”.

(3) In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words

“Appointment of” insert “director of adult social services or”.

Local Government and Housing Act 1989 (c. 42)

In section 2 of the Local Government and Housing Act 1989 (politically

restricted posts), in subsection (6)—

(a) after “means—” insert—

“(za) the director of children’s services appointed under

section 13 of the Children Act 2004 and the director of

adult social services appointed under section 6(A1) of

the Local Authority Social Services Act 1970 (in the

case of a local authority in England);”;

(b) in paragraph (a), at the end insert “(in the case of a local authority in

Wales)”;

of a local authority in Wales)”.

Education Act 1996 (c. 56)

(1) The Education Act 1996 is amended as follows.
(2) In section 532 (appointment of chief education officer), for “A local

authority’s duties” substitute “The duties of a local education authority in

Wales”.

(3) In section 566 (evidence: documents), in subsection (1)(a), for “chief

education officer of that authority” substitute “director of children’s services

(in the case of an authority in England) or the chief education officer (in the

case of an authority in Wales)”.

Crime and Disorder Act 1998 (c. 37)

(1) The Crime and Disorder Act 1998 is amended as follows.
(2) In section 8 (responsible officers in relation to parenting orders), in

subsection (8)(bb), after “nominated by” insert “a person appointed as

director of children’s services under section 13 of the Children Act 2004 or

by”.

(3) In section 39 (youth offending teams), in subsection (5)—

(a) after paragraph (a) insert—

“(aa) where the local authority is in England, a person with

experience of social work in relation to children

Children Bill [HL]

Schedule 2 — Director of children’s services: consequential amendments

nominated by the director of children’s services

appointed by the local authority under section 13 of

the Children Act 2004;”;

(b) in paragraph (b) for “a social worker of a” substitute “where the local

authority is in Wales, a social worker of the”;

“(da) where the local authority is in England, a person with

experience in education nominated by the director of

children’s services appointed by the local authority

under section 13 of the Children Act 2004;”;

(d) in paragraph (e) insert at the beginning “where the local authority is

in Wales,”.

Protection of Children Act 1999 (c. 14)

In section 4C of the Protection of Children Act 1999 (restoration to the list) in

subsection (1), for “director of social services of a local authority” substitute

“director of children’s services of a local authority in England or a director

of social services of a local authority in Wales”.

Criminal Justice and Court Services Act 2000 (c. 43)

(1) The Criminal Justice and Court Services Act 2000 is amended as follows.
(2) In section 34 (restoration of disqualification order), in subsection (1), for “a

director of social services of a local authority” substitute “a director of

children’s services of a local authority in England or a director of social

services of a local authority in Wales”.

(3) In section 36 (meaning of “regulated position”), in subsection (6)—

(a) after paragraph (b) insert—

“(ba) director of children’s services and director of adult

social services of a local authority in England,”;

(b) in paragraph (c) at the end insert “in Wales”;

Criminal Justice Act 2003 (c. 44)

In section 322 of the Criminal Justice Act 2003 (individual support orders),

in the new section 1AA to be inserted in the Crime and Disorder Act 1998

(c. 37), in subsection (10)(b), after “nominated by” insert “a person appointed

as director of children’s services under section 13 of the Children Act 2004

or by”.

SCHEDULE 3

Section 33

DVISORY

AND

SUPPORT

SERVICES

FOR

FAMILY

PROCEEDINGS

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

In section 26 of the Domestic Proceedings and Magistrates’ Courts Act 1978

(reconciliation), in subsection (2), after “Criminal Justice and Court Services

Children Bill [HL]
Schedule 3 — Advisory and support services for family proceedings

Act 2000)” insert “, a Welsh family proceedings officer (within the meaning

given by section 28 of the Children Act 2004)”.

Child Abduction and Custody Act 1985 (c. 60)

The Child Abduction and Custody Act 1985 is amended as follows.

In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “or

a Welsh family proceedings officer”.

In section 27 (interpretation), after subsection (5) insert—

“(5A) In this Act “Welsh family proceedings officer” has the meaning given

by section 28 of the Children Act 2004”.

Children Act 1989 (c. 41)

The Children Act 1989 is amended as follows.

In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an

officer of the Service” insert “or a Welsh family proceedings officer”.

In section 16 (family assistance orders), in subsection (1), after “an officer of

the Service” insert “or a Welsh family proceedings officer”.

(1) Section 26 (review of cases etc) is amended as follows.
(2) In subsection (2A)(c) after “Service” insert “or a Welsh family proceedings

officer”.

(3) After subsection (2C) insert—

“(2D) The power to make regulations in subsection (2C) is exercisable in

relation to functions of Welsh family proceedings officers only with

the consent of the National Assembly for Wales.”

(1) Section 41 (representation of child) is amended as follows.
(2) In subsection (1), after “an officer of the Service” insert “or a Welsh family

proceedings officer”.

(3) In subsections (2) and (4)(a), after “officer of the Service” insert “or Welsh

family proceedings officer”.

(4) In subsection (10)—

(a) in paragraphs (a) and (b), after “officer of the Service” insert “or

Welsh family proceedings officer”;

(b) in paragraph (c), after “officers of the Service” insert “or Welsh

family proceedings officers”.

(5) In subsection (11), after “an officer of the Service” insert “or a Welsh family

proceedings officer”.

In section 42 (rights of officers of the Service), in subsections (1) and (2), after

“an officer of the Service” insert “or Welsh family proceedings officer”.

In section 105(1) (interpretation), at the end insert—

““Welsh family proceedings officer” has the meaning given by section

28 of the Children Act 2004.”

Children Bill [HL]

Schedule 3 — Advisory and support services for family proceedings

Criminal Justice and Court Services Act 2000 (c. 43)

The Criminal Justice and Court Services Act 2000 is amended as follows.

In section 12 (principal functions of CAFCASS), in subsection (1), after “the

welfare of children” insert “other than children ordinarily resident in

Wales”.

In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute

“nine”.

Adoption and Children Act 2002 (c. 38)

The Adoption and Children Act 2002 is amended as follows.

16 (1) Section 102 (officers of the Service) is amended as follows.

(2) In subsection (1), at the end insert “or a Welsh family proceedings officer”.
(3) In subsection (7), after “officer of the Service” insert “or a Welsh family

proceedings officer”.

(4) After that subsection insert—

“(8) In this section and section 103 “Welsh family proceedings officer”

has the meaning given by section 28 of the Children Act 2004.”

In section 103 (rights of officers of the Service), in subsections (1) and (2),

after “officer of the Service” insert “or a Welsh family proceedings officer”.

Sexual Offences Act 2003 (c. 42)

In section 21 of the Sexual Offences Act 2003 (positions of trust), in

subsection (12)(a), after “officer of the Service” insert “or Welsh family

proceedings officer (within the meaning given by section 28 of the Children

Act 2004)”.

SCHEDULE 4

Section 40

HILD

MINDING

AND

DAY

CARE

Part 10A of the Children Act 1989 (c. 41) is amended as follows.

Amendments relating to child minding and day care

Conditions imposed by justice of the peace or tribunal

(1) In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute

“under this Part”.

(2) In section 79G(2), omit “under section 79F(3)”.

Application fees

(1) In section 79E(2), at the end insert—

“(c) be accompanied by the prescribed fee.”

(2) In section 79F(1) and (2)—

Children Bill [HL]
Schedule 4 — Child minding and day care

(a) after “on an application” insert “under section 79E”;

(b) omit paragraph (b) and the preceding “and”.

Fees payable by registered persons

(1) In section 79G(1), for “an annual fee” substitute “a fee”.
(2) In Schedule 9A—

(a) in the heading before paragraph 7, omit “Annual”;

(b) in paragraph 7, for the words from “at prescribed times” to the end

substitute “, at or by the prescribed times, fees of the prescribed

amounts in respect of the discharge by the registration authority of

its functions under Part XA.”

Waiver of disqualification

In Schedule 9A, in paragraph 4(3A)—

(a) after “disqualified for registration” insert “(and may in particular

provide for a person not to be disqualified for registration for the

purposes of sub-paragraphs (4) and (5))”;

(b) in paragraph (b), omit “to his registration”.

Amendments relating to day care only

Qualification for registration

In section 79B(4)—

(a) for paragraphs (a) and (b) substitute—

“(a) he has made adequate arrangements to ensure that—

(i) every person (other than himself and the

responsible individual) looking after children

on the premises is suitable to look after

children under the age of eight; and

(ii) every person (other than himself and the

responsible individual) living or working on

the premises is suitable to be in regular

contact with children under the age of eight;

(b) the responsible individual—

(i) is suitable to look after children under the age

of eight, or

(ii) if he is not looking after such children, is

suitable to be in regular contact with them;”;

(b) in subsection (5), for “(4)(b)” substitute “(4)(a)”;

“(5ZA) For the purposes of subsection (4), “the responsible

individual” means—

(a) in a case of one individual working on the premises in

the provision of day care, that person;

(b) in a case of two or more individuals so working, the

individual so working who is in charge.”

Children Bill [HL]

Schedule 4 — Child minding and day care

Prohibition in respect of disqualified persons

In Schedule 9A, in paragraph 4(4)—

(a) after “or be” insert “directly”;

(b) omit “, or have any financial interest in,”.

Unincorporated associations

In Schedule 9A, after paragraph 5 insert—

“Provision of day care: unincorporated associations

5A (1) References in Part XA to a person, so far as relating to the

provision of day care, include an unincorporated association.

(2) Proceedings for an offence under Part XA which is alleged to have

been committed by an unincorporated association must be

brought in the name of the association (and not in that of any of its

members).

(3) For the purpose of any such proceedings, rules of court relating to

the service of documents are to have effect as if the association

were a body corporate.

(4) In proceedings for an offence under Part XA brought against an

unincorporated association, section 33 of the Criminal Justice Act

1925 and Schedule 3 to the Magistrates’ Courts Act 1980

(procedure) apply as they do in relation to a body corporate.

(5) A fine imposed on an unincorporated association on its conviction

of an offence under Part XA is to be paid out of the funds of the

association.

(6) If an offence under Part XA committed by an unincorporated

association is shown—

(a) to have been committed with the consent or connivance of

an officer of the association or a member of its governing

body, or

(b) to be attributable to any neglect on the part of such an

officer or member,

the officer or member as well as the association is guilty of the

offence and liable to proceeded against and punished

accordingly.”

HL Bill 35

(xxxxxx)

53/3

Children Bill [HL]

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Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS

LONDON: THE STATIONERY OFFICE

Printed in the United Kingdom by

The Stationery Office Limited

£x.xx net

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B I L L

To make provision for the establishment of a Children’s Commissioner; to

make provision about services provided to and for children and young people

by local authorities and other persons; to make provision in relation to Wales

about advisory and support services relating to family proceedings; to make

provision about private fostering, child minding and day care, adoption

review panels, the making of grants as respects children and families and

about child safety orders.

The Baroness Ashton of Upholland

Ordered to be Printed, 3rd March 2004