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SCHEDULES

Section 7

SCHEDULE 1E+WThe Adoption and Children Act Register

1The Adoption and Children Act 2002 is amended as follows.E+W

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Commencement Information

I1Sch. 1 para. 1 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

2(1)Section 125 (Adoption and Children Act Register) is amended as follows.E+W

(2)In subsection (1) for “Her Majesty may by Order in Council make provision for the Secretary of State to” substitute “ The Secretary of State may ”.

(3)After subsection (1) insert—

(1A)Regulations may provide that the register may contain—

(a)prescribed information about children who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable for adoption,

(b)prescribed information about prospective adopters who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable to adopt a child,

(c)prescribed information about persons included in the register in pursuance of paragraph (a) or (b) in respect of things occurring after their inclusion.

(4)In subsection (2) for “an Order under this section” substitute “ regulations ”.

(5)In subsection (4) for “An Order under this section” substitute “ Regulations ”.

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Commencement Information

I2Sch. 1 para. 2 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

3(1)Section 126 (use of an organisation to establish the register) is amended as follows.E+W

(2)In subsection (1) omit “under an Order under section 125”.

(3)In subsection (3) omit “(or general application in any part of Great Britain)”.

(4)Omit subsection (4).

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Commencement Information

I3Sch. 1 para. 3 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

4(1)Section 127 (use of an organisation as agency for payments) is amended as follows.E+W

(2)In subsection (1) for “An Order under section 125” substitute “ Regulations ”.

(3)In subsection (2) omit “(or general application in any part of Great Britain)”.

(4)Omit subsection (3).

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Commencement Information

I4Sch. 1 para. 4 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

5(1)Section 128 (supply of information for the register) is amended as follows.E+W

(2)In subsection (1) for “An Order under section 125” substitute “ Regulations ”.

(3)In subsection (2) for “the Order” substitute “ regulations ”.

(4)In subsection (3) for “An Order under section 125” substitute “ Regulations ”.

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Commencement Information

I5Sch. 1 para. 5 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

6(1)Section 129 (disclosure of information) is amended as follows.E+W

(2)In subsection (1) for “or (3)” substitute “ , (2A) or (3) or section 128A ”.

(3)After subsection (2) insert—

(2A)Regulations may make provision permitting the disclosure of prescribed information entered in the register, or compiled from information entered in the register—

(a)to an adoption agency or to a Welsh, Scottish or Northern Irish adoption agency for any prescribed purpose, or

(b)for the purpose of enabling the information to be entered in a register which is maintained in respect of Wales, Scotland or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child.

(4)In subsection (4)—

(a)for “An Order under section 125” substitute “ Regulations ”, and

(b)after “(2)” insert “ or (2A) ”.

(5)In subsection (5) omit paragraph (b) (and the “or” which precedes it).

(6)In subsection (6) after “(2)” insert “ , (2A) ”.

(7)In subsection (7)—

(a)for “An Order under section 125” substitute “ Regulations ”,

(b)in paragraph (a) after “(2)” insert “ or (2A) ”,

(c)after paragraph (a) (and before the “or” which follows it) insert—

(aa)by a prescribed Welsh, Scottish or Northern Irish adoption agency in respect of information disclosed under subsection (2A),, and

(d)in paragraph (b) for “to whom information is disclosed under subsection (3)” substitute “ in respect of information disclosed under subsection (2A) or (3) ”.

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Commencement Information

I6Sch. 1 para. 6 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

7Section 130 (territorial application) is repealed.E+W

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Commencement Information

I7Sch. 1 para. 7 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

8(1)Section 131 (supplementary) is amended as follows.E+W

(2)In subsection (1)—

(a)before paragraph (a) insert—

(za)adoption agency” means—

(i)a local authority in England,

(ii)a registered adoption society whose principal office is in England,,

(b)in paragraph (b) for “an Order under section 125” substitute “ regulations ”,

(c)after paragraph (c) insert—

(ca)Welsh adoption agency” means—

(i)a local authority in Wales,

(ii)a registered adoption society whose principal office is in Wales., and

(d)omit paragraphs (d) and (e).

(3)In subsection (2) after “sections” insert “ (except sections 125(1A) and 129(2A)) ”.

(4)After subsection (2) insert—

(2A)For the purposes of sections 125(1A) and 129(2A)—

(a)a child is suitable for adoption if a Welsh, Scottish or Northern Irish adoption agency is satisfied that the child ought to be placed for adoption,

(b)prospective adopters are suitable to adopt a child if a Welsh, Scottish or Northern Irish adoption agency is satisfied that they are suitable to have a child placed with them for adoption.

(5)Omit subsections (4) to (7).

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Commencement Information

I8Sch. 1 para. 8 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

9In section 142 (supplementary and consequential provision), in subsection (4) omit the words from “or of Her Majesty” to the end.E+W

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Commencement Information

I9Sch. 1 para. 9 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

10In section 144 (general interpretation etc), in subsection (2)—E+W

(a)omit “Order in Council or”, and

(b)in paragraph (b) omit “Order or, as the case may be,”.

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Commencement Information

I10Sch. 1 para. 10 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

11(1)Sections 125 to 131 cease to have effect in relation to Scotland.E+W

(2)Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).

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Commencement Information

I11Sch. 1 para. 11 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)

Section 12

SCHEDULE 2E+WChild arrangements orders: amendments

PART 1 E+WAmendments of the Children Act 1989

1The Children Act 1989 is amended as follows.E+W

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Commencement Information

I12Sch. 2 para. 1 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

2(1)Section 5 (appointment of guardians) is amended as follows.E+W

(2)In subsection (1)(b) (application to court for appointment of guardian may be made following death of person with whom child was to live) for “residence order has been made with respect to the child in favour of a parent, guardian or special guardian of his who” substitute “ parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and ”.

(3)In subsection (7)(b) (when non-court appointment of guardian under subsection (3) or (4) takes effect) for “residence order in his favour was in force with respect to the child or he” substitute “ child arrangements order was in force in which the person was named as a person with whom the child was to live or the person ”.

(4)In subsection (9)—

(a)for “residence” substitute “ child arrangements ”,

(b)for “was also made in favour of” substitute “ also named ”, and

(c)after “child” insert “ as a person with whom the child was to live ”.

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Commencement Information

I13Sch. 2 para. 2 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

3In the title of section 8 for “Residence, contact” substitute “ Child arrangements orders ”.E+W

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Commencement Information

I14Sch. 2 para. 3 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

4(1)Section 9 (restrictions on making section 8 orders) is amended as follows.E+W

(2)In subsection (1) (no section 8 order other than a residence order to be made if child is in care) for “residence order” substitute “ child arrangements order to which subsection (6B) applies ”.

(3)In subsection (2) (local authorities cannot obtain residence or contact orders) for “residence order or contact” substitute “ child arrangements ”.

(4)In subsection (5)(a) (specific issue order or prohibited steps order not to be made where result could be achieved by a residence or contact order) for “residence or contact” substitute “ child arrangements ”.

(5)In subsection (6) (section 8 orders other than residence orders are only exceptionally to have effect once child is 16) for “specific issue order, contact order or prohibited steps” substitute “ section 8 ”.

(6)After subsection (6) insert—

(6A)Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.

(6B)This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.

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Commencement Information

I15Sch. 2 para. 4 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

5(1)Section 10 (power of court to make section 8 orders) is amended as follows.E+W

(2)For subsection (4)(b) (person may apply for section 8 order if residence order is in force in favour of the person) substitute—

(b)any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live.

(3)In subsection (5) (persons entitled to apply for a residence or contact order)—

(a)in the words before paragraph (a) for “residence or contact” substitute “ child arrangements ”,

(b)for paragraph (c)(i) substitute—

(i)in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live;, and

(c)after paragraph (c) insert—

(d)any person who has parental responsibility for the child by virtue of provision made under section 12(2A).

(4)In each of subsections (5A) and (5B) (foster parent, or relative, may apply for residence order if child has lived with applicant for at least a year) for “residence order” substitute “ child arrangements order to which subsection (5C) applies ”.

(5)After subsection (5B) insert—

(5C)This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.

(6)In subsection (6)(b) (person may apply for variation or discharge of a contact order if named in the order)—

(a)for “contact” substitute “ child arrangements ”, and

(b)for “the order.” substitute provisions of the order regulating arrangements relating to—

(i)with whom the child concerned is to spend time or otherwise have contact, or

(ii)when the child is to spend time or otherwise have contact with any person.

(7)In subsection (7A) (if special guardianship order in force, application for residence order may be made only with leave of the court) for “residence order” substitute “ child arrangements order to which subsection (7B) applies ”.

(8)After subsection (7A) insert—

(7B)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.

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Commencement Information

I16Sch. 2 para. 5 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

6(1)Section 11 (section 8 orders: general principles and supplementary provisions) is amended as follows.E+W

(2)Omit subsection (4) (residence order may make provision about when a child is to live with persons who do not live together).

(3)In subsection (5) (residence order ceases to have effect where parents resume cohabitation for at least 6 months)—

(a)in paragraph (a) for “residence” substitute “ child arrangements ”,

(b)in paragraph (b) for the words before “two” substitute “ the child has ”, and

(c)in the words after paragraph (b) for “residence order” substitute “ order, so far as it has the result that there are times when the child lives or is to live with one of the parents, ”.

(4)In subsection (6) (contact order ceases to have effect where parents resume cohabitation for at least 6 months) for the words before “shall cease” substitute “ A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, ”.

(5)In subsection (7)(b) (persons on whom conditions may be imposed by a section 8 order)—

(a)for sub-paragraph (i) (person in whose favour the order is made) substitute—

(i)who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;, and

(b)in sub-paragraph (ii) omit “concerned”.

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Commencement Information

I17Sch. 2 para. 6 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

7(1)Section 11A (contact activity directions) is amended as follows.E+W

(2)For subsections (1) to (3) (power to make directions) substitute—

(1)Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—

(a)a child arrangements order with respect to the child concerned, or

(b)an order varying or discharging a child arrangements order with respect to the child concerned.

(1A)The matters mentioned in this subsection are—

(a)with whom a child is to live,

(b)when a child is to live with any person,

(c)with whom a child is to spend time or otherwise have contact, and

(d)when a child is to spend time or otherwise have contact with any person.

(2)The court may make an activity direction in connection with the provision that the court is considering whether to make.

(2A)Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—

(a)whether a person has failed to comply with a provision of a child arrangements order, or

(b)what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.

(2B)The court may make an activity direction in connection with that provision of the child arrangements order.

(3)An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a)that individual, or

(b)another individual who is a party to the proceedings.

(3)In subsection (5) (particular activities that may be required), in paragraph (a)(i) and (ii) and in paragraph (b), for “contact with a child” substitute “ involvement in a child's life ”.

(4)In subsection (6) (activities which may not be required) for “a contact” substitute “ an ”.

(5)In subsection (7) (court may not make contact activity direction on same occasion as disposing of proceedings as they relate to contact)—

(a)in paragraph (a) for “a contact activity direction” substitute “ an activity direction under subsection (2) ”, and

(b)in paragraph (b) for “contact with the child concerned” substitute “ the matters mentioned in subsection (1A) in connection with which the activity direction is made ”.

(6)After subsection (7) insert—

(7A)A court may not on the same occasion—

(a)make an activity direction under subsection (2B), and

(b)dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.

(7)In subsection (8) (limitations on power to make direction under subsection (2)) for “Subsection (2)” substitute “ Each of subsections (2) and (2B) ”.

(8)In subsection (9) (welfare of child is paramount consideration in considering whether to make contact activity direction) for “a contact” substitute “ an ”.

(9)In the title omit “Contact”.

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Commencement Information

I18Sch. 2 para. 7 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

8(1)Section 11B (further provision about contact activity directions) is amended as follows.E+W

(2)In subsection (1) (court may not make contact activity direction in proceedings unless there is a dispute about contact)—

(a)for “a contact activity direction in any proceedings” substitute “ an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) ”, and

(b)for “about contact” substitute “ about that matter ”.

(3)In subsection (2) (contact activity direction may not require a child to take part in an activity unless child is a parent of the child in relation to whom court is considering contact)—

(a)for “a contact” substitute “ an ”, and

(b)for “about contact” substitute “ about a matter mentioned in section 11A(1A) ”.

(4)In subsection (3) (no contact activity direction to be made in connection with contact order which is excepted order)—

(a)for “a contact activity” substitute “ an activity ”, and

(b)for “contact order”, in both places, substitute “ child arrangements order ”.

(5)In subsection (4) (excepted orders) for “contact order” substitute “ child arrangements order ”.

(6)In subsection (7) (no contact activity direction to be made unless individual concerned is habitually resident in England and Wales) for “a contact” substitute “ an ”.

(7)In the title omit “Contact”.

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Commencement Information

I19Sch. 2 para. 8 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

9(1)Section 11C (contact activity conditions) is amended as follows.E+W

(2)In subsection (1) (section applies if court makes certain orders) for paragraphs (a) and (b) substitute—

(a)a child arrangements order containing—

(i)provision for a child to live with different persons at different times,

(ii)provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or

(iii)provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or

(b)an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii).

(3)In subsection (2) (court may impose contact activity condition)—

(a)for “contact order”, in both places, substitute “ child arrangements order ”,

(b)for “(a “contact activity condition”)” substitute “ (an “activity condition”) ”, and

(c)for “promotes contact with the child concerned.” substitute would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a)that individual, or

(b)another individual who is a party to the proceedings.

(4)In subsection (3) (persons who may be required to take part in activities)—

(a)in paragraph (a)—

(i)for “contact order” substitute “ child arrangements order ”, and

(ii)for “the person” substitute “ a person ”, and

(b)in paragraph (b) for “the person” substitute “ a person ”.

(5)In subsection (5) (particular activities that may be required) for “a contact”, in both places, substitute “ an ”.

(6)In the title omit “Contact”.

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Commencement Information

I20Sch. 2 para. 9 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

10(1)Section 11D (further provision about contact activity conditions) is amended as follows.E+W

(2)In subsection (1) (contact activity condition may not be imposed on child unless child is a parent of the child concerned)—

(a)for “contact order” substitute “ child arrangements order ”, and

(b)for “a contact activity” substitute “ an activity ”.

(3)In subsection (2) (excepted order may not impose contact activity condition)—

(a)for “contact order” substitute “ child arrangements order ”, and

(b)for “a contact activity” substitute “ an activity ”.

(4)In subsection (3) (no contact activity condition to be imposed unless individual concerned is habitually resident in England and Wales)—

(a)for “contact order” substitute “ child arrangements order ”, and

(b)for “a contact activity” substitute “ an activity ”.

(5)In the title omit “Contact”.

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Commencement Information

I21Sch. 2 para. 10 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

11(1)Section 11E (making of contact activity directions and conditions) is amended as follows.E+W

(2)In subsection (1) (court to satisfy itself of matters within subsections (2) to (4))—

(a)for “a contact activity”, in both places, substitute “ an activity ”, and

(b)for “contact order” substitute “ child arrangements order ”.

(3)In subsection (8) (meaning of “specified”) for “a contact”, in both places, substitute “ an ”.

(4)In the title omit “Contact”.

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Commencement Information

I22Sch. 2 para. 11 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

12(1)Section 11F (contact activity: financial assistance) is amended as follows.E+W

(2)For “a contact activity”, in each place, substitute “ an activity ”.

(3)In subsections (2) and (4) (fee-assistance may be given in respect of persons required to take part in activity that promotes contact) for “promotes contact with” substitute “ is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ”.

(4)In the title omit “Contact”.

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Commencement Information

I23Sch. 2 para. 12 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

13(1)Section 11G (contact activity: monitoring) is amended as follows.E+W

(2)In subsection (1) for “a contact activity”, in each place, substitute “ an activity ”.

(3)In subsections (1) and (2) for “contact order”, in each place, substitute “ child arrangements order ”.

(4)In the title omit “Contact”.

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Commencement Information

I24Sch. 2 para. 13 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

14(1)Section 11H (monitoring contact) is amended as follows.E+W

(2)In subsection (1) (section applies if court makes or varies a contact order) for paragraphs (a) and (b) substitute—

(a)a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or

(b)an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.

(3)In subsection (2)(a) (court may ask officer to monitor compliance) for “the contact order (or the contact order as varied);” substitute “ each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied); ”.

(4)In subsection (3) (individuals whose compliance may be monitored)—

(a)for “contact order”, in both places, substitute “ child arrangements order ”, and

(b)for paragraphs (a) and (b) (including the “or” at the end of paragraph (b)) substitute—

(za)provides for the child concerned to live with different persons at different times and names the individual as one of those persons;

(a)imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;

(b)names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or.

(5)In subsection (4) (requests under subsection (2) not to relate to contact activity conditions)—

(a)for “contact order”, in both places, substitute “ child arrangements order ”,

(b)for “a contact activity” substitute “ an activity ”, and

(c)for “the contact activity” substitute “ the activity ”.

(6)In subsection (5) (when court may make request under subsection (2))—

(a)in paragraph (a) for “contact order”, in both places, substitute “ child arrangements order ”, and

(b)in paragraph (b) after “the child concerned” insert “ or to the child's living arrangements ”.

(7)In subsection (10) (request not to be made under subsection (2) if contact order is an excepted order) for “contact” substitute “ child arrangements ”.

(8)In the title after “contact” insert “ and shared residence ”.

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Commencement Information

I25Sch. 2 para. 14 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

15In section 11I (warning notices to be attached to contact orders and to orders varying contact orders)—E+W

(a)for “contact”, in each place, substitute “ child arrangements ”, and

(b)in the title for “Contact” substitute “ Child arrangements ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 2 para. 15 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

16(1)Section 11J (enforcement orders where contact order not complied with) is amended as follows.E+W

(2)In subsection (1) for “contact” substitute “ child arrangements ”.

(3)In subsection (2) for “the contact” substitute “ a provision of the child arrangements ”.

(4)In subsection (3) for “contact order” substitute “ provision ”.

(5)In subsection (5)—

(a)for “contact order”, in each place, substitute “ child arrangements order ”,

(b)in paragraphs (a) and (b) for “the person”, in each place, substitute “ a person ”, and

(c)in paragraph (c) for “a contact activity” substitute “ an activity ”.

(6)In subsection (6) for “contact” substitute “ child arrangements ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 2 para. 16 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

17(1)Section 11K (enforcement orders: further provisions) is amended as follows.E+W

(2)In subsection (1) (enforcement order not to be made where notice not given under section 11I)—

(a)in the words before paragraph (a), for “contact order” substitute “ provision of a child arrangements order ”,

(b)in paragraph (a)—

(i)for “a contact order that” substitute “ a provision of a child arrangements order where the order ”, and

(ii)for “the contact” substitute “ the child arrangements ”, and

(c)in paragraph (b) for “contact” substitute “ child arrangements ”.

(3)In subsection (2) (enforcement order not to be made where person failed to comply with contact order when under 18) for “contact” substitute “ provision of a child arrangements ”.

(4)In subsection (3) (enforcement order not to be made where contact order is an excepted order) for “contact order that” substitute “ provision of a child arrangements order where the child arrangements order ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 2 para. 17 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

18(1)Section 11L (making of enforcement orders) is amended as follows.E+W

(2)In subsection (1) (order must be necessary and its likely effect proportionate)—

(a)for “a contact” substitute “ a provision of a child arrangements ”,

(b)in paragraph (a) for “contact”, in each place, substitute “ child arrangements ”, and

(c)in paragraph (b) omit “of the contact order”.

(3)In subsection (3) for “contact” substitute “ provision of a child arrangements ”.

(4)In subsection (7) for “contact”, in both places, substitute “ child arrangements ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 2 para. 18 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

19(1)Section 11O (compensation for financial loss arising from breach of contact order) is amended as follows.E+W

(2)In subsection (1) for “contact” substitute “ child arrangements ”.

(3)In subsection (2)(a) for “the contact” substitute “ a provision of the child arrangements ”.

(4)In subsection (3) for “contact” substitute “ particular provision of the child arrangements ”.

(5)In subsection (6)—

(a)for “contact order”, in each place, substitute “ child arrangements order ”,

(b)in paragraphs (a) and (b) for “the person”, in each place, substitute “ a person ”, and

(c)in paragraph (c) for “a contact activity” substitute “ an activity ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 2 para. 19 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

20(1)Section 11P (compensation orders under section 11O(2): further provision) is amended as follows.E+W

(2)In subsection (1) (compensation not to be ordered where notice not given under section 11I)—

(a)in the words before paragraph (a), for “contact order” substitute “ provision of a child arrangements order ”,

(b)in paragraph (a)—

(i)for “a contact order that” substitute “ a provision of a child arrangements order where the order ”, and

(ii)for “the contact” substitute “ the child arrangements ”, and

(c)in paragraph (b) for “contact” substitute “ child arrangements ”.

(3)In subsection (2) (compensation not to be ordered where person failed to comply with contact order when under 18) for “contact” substitute “ provision of a child arrangements ”.

(4)In subsection (3) (compensation not to be ordered where contact order is an excepted order) for “contact order that” substitute “ provision of a child arrangements order where the child arrangements order ”.

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Commencement Information

I31Sch. 2 para. 20 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

21(1)Section 12 (residence orders and parental responsibility) is amended as follows.E+W

(2)For subsections (1) and (1A) (court making residence order in favour of father without parental responsibility is also to make order giving parental responsibility to the father) substitute—

(1)Where—

(a)the court makes a child arrangements order with respect to a child,

(b)the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and

(c)the father, or the woman, would not otherwise have parental responsibility for the child,

the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.

(1A)Where—

(a)the court makes a child arrangements order with respect to a child,

(b)the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and

(c)the father, or the woman, would not otherwise have parental responsibility for the child,

the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.

(3)In subsection (2) (residence order in favour of person other than parent or guardian)—

(a)for “residence order in favour of any person who is not the” substitute “ child arrangements order and a person who is not a ”,

(b)after “concerned” insert “ is named in the order as a person with whom the child is to live, ”, and

(c)for “residence order remains in force” substitute “ order remains in force so far as providing for the child to live with that person ”.

(4)After subsection (2) insert—

(2A)Where the court makes a child arrangements order and—

(a)a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but

(b)the person is not named in the order as a person with whom the child is to live,

the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.

(5)In subsection (3) (limits on parental responsibility given by subsection (2)) after “subsection (2)” insert “ or (2A) ”.

(6)In subsection (4) (where order giving parental responsibility was made in compliance with subsection (1) or (1A), order not to be revoked while residence order remains in force)—

(a)omit “or (1A)”,

(b)for “in respect of the” substitute “ in respect of a ”, and

(c)for “residence order concerned remains in force” substitute “ child arrangements order concerned remains in force so far as providing for the child to live with that parent ”.

(7)In the title for “Residence” substitute “ Child arrangements ”.

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Commencement Information

I32Sch. 2 para. 21 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

22(1)Section 13 (effect of residence order on change of child's name or removal from jurisdiction) is amended as follows.E+W

(2)In subsection (1) (new surname or removal from UK requires consent of all with parental responsibility or leave of court) for “residence order” substitute “ child arrangements order to which subsection (4) applies ”.

(3)In subsection (2) (child may be removed from UK for up to 1 month by person in whose favour residence order is made) for “the person in whose favour the residence order is made” substitute “ a person named in the child arrangements order as a person with whom the child is to live ”.

(4)In subsection (3) (court's leave may be given in making a residence order) for “residence order with respect to a child” substitute “ child arrangements order to which subsection (4) applies, ”.

(5)After subsection (3) insert—

(4)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.

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Commencement Information

I33Sch. 2 para. 22 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

23Omit section 14 (enforcement of residence orders in magistrates' courts).E+W

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Commencement Information

I34Sch. 2 para. 23 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

24In section 14A(5) (persons eligible to apply for special guardianship order), in paragraph (b) for the words after “individual” substitute “ who is named in a child arrangements order as a person with whom the child is to live; ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 2 para. 24 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

25(1)Section 14B (making of special guardianship orders) is amended as follows.E+W

(2)In subsection (1) (matters for court to consider before making special guardianship order)—

(a)in paragraph (a) for “contact order” substitute “ child arrangements order containing contact provision ”,

(b)in paragraph (c)—

(i)for “a contact order” substitute “ provision contained in a child arrangements order ”, and

(ii)for “that contact order” substitute “ that provision ”, and

(c)for paragraph (d) (whether contact activity direction should be discharged) substitute—

(d)where an activity direction has been made—

(i)in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or

(ii)in other proceedings that relate to such an order,

that direction should be discharged.

(3)After subsection (1) insert—

(1A)In subsection (1) “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.

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Commencement Information

I36Sch. 2 para. 25 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

26In section 14D(1) (persons eligible to apply for variation or discharge of special guardianship order), in paragraph (c) for the words after “individual” substitute “ who is named in a child arrangements order as a person with whom the child is to live; ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 2 para. 26 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

27(1)Section 16 (family assistance orders) is amended as follows.E+W

(2)In subsection (2)(b) (persons may be named in order if child lives with them or if contact order in their favour is in force) for the words after “living or” substitute “ who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ”.

(3)In subsection (4A) (family assistance order may direct officer to give advice and assistance as to contact where contact order in force) for “a contact order” substitute “ contact provision contained in a child arrangements order ”.

(4)After subsection (4A) insert—

(4B)In subsection (4A) “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 2 para. 27 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

28For section 20(9)(a) (if accommodation under section 20 provided for child with agreement of person in whose favour a residence order has been made, that agreement overrides objections of a person with parental responsibility) substitute—E+W

(a)who is named in a child arrangements order as a person with whom the child is to live;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 2 para. 28 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

29In section 22C(3)(c) (where residence order in favour of a person was in force before care order was made, local authority may arrange for the child to live with that person)—E+W

(a)for “a residence order” substitute “ a child arrangements order ”, and

(b)for “in whose favour the residence order was made” substitute “ named in the child arrangements order as a person with whom C was to live ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 2 para. 29 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

30In section 23(4) (persons not referred to as local authority foster parents), in paragraph (c) for the words from “a residence order” to the end substitute “ a child arrangements order in force with respect to the child immediately before the care order was made, a person named in the child arrangements order as a person with whom the child was to live. ”E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 2 para. 30 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

31In section 34(1)(c) (child in care to be allowed reasonable contact with person in whose favour residence order was in force before care order was made)—E+W

(a)for “residence” substitute “ child arrangements ”, and

(b)for “the person in whose favour the order was made” substitute “ any person named in the child arrangements order as a person with whom the child was to live ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 2 para. 31 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

32(1)Section 38 (interim care or supervision orders) is amended as follows.E+W

(2)In subsection (3) (interim supervision order to be made in certain cases where residence order made in proceedings for a care or supervision order) for “residence order with respect to” substitute “ child arrangements order with respect to the living arrangements of ”.

(3)After subsection (3) insert—

(3A)For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 2 para. 32 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

33(1)Section 41 (representation of child: meaning of “specified proceedings”) is amended as follows.E+W

(2)In subsection (6)(e) and (h)(ii) (which refer to the making of a residence order) for “residence order with respect to” substitute “ child arrangements order with respect to the living arrangements of ”.

(3)After subsection (6A) insert—

(6B)For the purposes of subsection (6), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 2 para. 33 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

34In section 43(11) (persons to be given notice of application for child assessment order) for paragraph (d) substitute—E+W

(d)any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 2 para. 34 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

35In section 44(13) (persons to be allowed reasonable contact with child where emergency protection order made) for paragraph (d) substitute—E+W

(d)any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 2 para. 35 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

36In section 46(10) (persons to be allowed reasonable contact with child in police protection where that is in child's best interests) for paragraph (d) substitute—E+W

(d)any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 2 para. 36 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

37(1)Section 91 (effect and duration of orders etc.) is amended as follows.E+W

(2)In subsection (1) (making of residence order discharges care order) for “residence order with respect to” substitute “ child arrangements order with respect to the living arrangements of ”.

(3)After subsection (1) insert—

(1A)For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

(4)In subsection (2A) (making of care order discharges contact activity direction)—

(a)for “a contact” substitute “ an ”, and

(b)for “as regards contact with” substitute “ with respect to ”.

(5)In subsection (10) (section 8 order other than residence order ceases to have effect when child turns 16 unless it is to have effect beyond that age by virtue of section 9(6)) omit “other than a residence order”.

(6)After subsection (10) insert—

(10A)Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—

(a)with whom a child is to live, or

(b)when a child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 2 para. 37 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

38(1)Section 105 (interpretation) is amended as follows.E+W

(2)In subsection (1) (definitions)—

(a)before the definition of “adoption agency” insert—

activity condition” has the meaning given by section 11C;

activity direction” has the meaning given by section 11A;,

(b)at the appropriate place insert—

child arrangements order” has the meaning given by section 8(1);, and

(c)omit the definition of “contact activity condition”, the definition of “contact activity direction”, the definition of “contact order” and the definition of “residence order”.

(3)Omit subsection (3) (interpretation of certain references relating to residence orders).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 2 para. 38 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

39(1)Schedule A1 (enforcement orders) is amended as follows.E+W

(2)In paragraphs 4(1), 5(1), 6(1), 7(1), 8(1) and 9(1) and (11)(a) for “contact” substitute “ provision of a child arrangements ”.

(3)In paragraphs 4(2)(c), (4)(b) and (5), 6(3) and 9(6) and (10)(a) for “contact”, in each place, substitute “ child arrangements ”.

(4)In paragraph 9(5) for “the contact” substitute “ a provision of the child arrangements ”.

(5)In paragraph 9(10)(b) for “contact order and” substitute “ provisions of the child arrangements order and with ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 2 para. 39 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

40(1)Schedule 1 (financial provision for children) is amended as follows.E+W

(2)In paragraph 1 (power of court to make orders on application of parent, guardian, special guardian or person in whose favour residence order in force)—

(a)in sub-paragraph (1) for the words from “in whose favour” to “to a child” substitute “ who is named in a child arrangements order as a person with whom a child is to live ”,

(b)in sub-paragraph (6)—

(i)omit “a residence order or”, and

(ii)after “special guardianship order” insert “ , or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, ” and

(c)after sub-paragraph (6) insert—

(6A)For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to—

(a)with whom the child is to live, or

(b)when the child is to live with any person.

(3)In paragraph 8 (circumstances in which court may revoke financial relief order under other enactment)—

(a)in sub-paragraph (1) for “residence order” substitute “ child arrangements order to which sub-paragraph (1A) applies ”, and

(b)after sub-paragraph (1) insert—

(1A)This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person., and

(c)in sub-paragraph (2)(b)—

(i)after “any person” insert “ who is named in a child arrangements order as a person with whom the child is to live or ”, and

(ii)omit “a residence order or”.

(4)In paragraph 15 (local authority may contribute to maintenance of child living with person as a result of residence order) for “residence order” substitute “ child arrangements order ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 2 para. 40 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

41In Schedule 14, omit paragraph 10 (certain orders made under legislation repealed by the Children Act 1989 to be enforceable under section 14 of that Act).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 2 para. 41 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

PART 2 E+WAmendments in other legislation

Marriage Act 1949 (c. 76)E+W

42(1)Section 3 of the Marriage Act 1949 (marriage of persons under 18) is amended as follows.E+W

(2)In subsection (1A) (persons whose consent is required), in each of paragraphs (d) and (h), for “residence order” substitute “ child arrangements order to which subsection (1C) applies ”.

(3)In subsection (1B) (interpretation) for “ “residence order”,” substitute “ “child arrangements order”, ”.

(4)After that subsection insert—

(1C)A child arrangements order is one to which this subsection applies if the order regulates arrangements that consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 2 para. 42 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Children and Young Persons Act 1969 (c. 54)E+W

43(1)Section 70 of the Children and Young Persons Act 1969 (interpretation) is amended as follows.E+W

(2)In subsection (1A) (“father” includes father not married at child's birth to child's mother if there is residence order in father's favour) for paragraph (b) substitute—

(b)whose father is named in a child arrangements order as a person with whom the child or young person is to live,.

(3)In subsection (1B) for “ “residence” substitute “ “child arrangements”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 2 para. 43 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Local Authority Social Services Act 1970 (c. 42)E+W

44In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the second column of the entry for the Children Act 1989, for “residence” substitute “ child arrangements ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 2 para. 44 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Domicile and Matrimonial Proceedings Act 1973 (c. 45)E+W

45(1)Paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (restrictions on court's powers while matrimonial proceedings are stayed) is amended as follows.E+W

(2)In sub-paragraph (4A)(b) (contact order in force when proceedings stayed) for “contact” substitute “ child arrangements ”.

(3)In sub-paragraph (4B) (enforcement of the contact order while the proceedings are stayed) for “contact”, in both places, substitute “ child arrangements ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 2 para. 45 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Mental Health Act 1983 (c. 20)E+W

46In section 28(1) of the Mental Health Act 1983 (“nearest relative” of child in respect of whom residence order is in force etc)—E+W

(a)in paragraph (b)—

(i)for “residence” substitute “ person is named in a child arrangements ”, and

(ii)for “is in force with respect to such a person” substitute “ as a person with whom a person who has not attained the age of eighteen years is to live ”, and

(b)in the words after paragraph (b), for “named in the residence order” substitute “ so named (or the persons so named, where there is more than one) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 2 para. 46 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Child Abduction Act 1984 (c. 37)E+W

47(1)Section 1 of the Child Abduction Act 1984 (offence of abduction of child by connected person without appropriate consent) is amended as follows.E+W

(2)In subsection (2)(d) (person in whose favour residence order is in force is connected person) for the words after “person” substitute “ named in a child arrangements order as a person with whom the child is to live; or ”.

(3)In subsection (3)(a) (“appropriate consent” includes consent of every person listed) for sub-paragraph (iv) (person in whose favour residence order is in force) substitute—

(iv)any person named in a child arrangements order as a person with whom the child is to live;.

(4)In subsection (4)(a) (exception for short foreign trip organised by person in whose favour residence order made) for “in whose favour there is a residence order in force with respect to the child,” substitute “ named in a child arrangements order as a person with whom the child is to live ”.

(5)For subsection (5A)(a)(i) (exception where consent unreasonably refused does not apply where there is residence order in favour of person refusing consent) substitute—

(i)named in a child arrangements order as a person with whom the child is to live;.

(6)In subsection (7)(a) (interpretation) for “ “residence” substitute “ “child arrangements”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 2 para. 47 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Child Abduction and Custody Act 1985 (c. 60)E+W

48For paragraph 1(b) of Schedule 3 to the Child Abduction and Custody Act 1985 (orders mentioned in section 27(1) include a residence order) substitute—E+W

(b)a child arrangements order (as defined by section 8 of the Act of 1989) if the arrangements regulated by the order consist of, or include, arrangements relating to either or both of the following—

(i)with whom a child is to live, or

(ii)when a child is to live with any person;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 2 para. 48 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Family Law Act 1986 (c. 55)E+W

49The Family Law Act 1986 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 2 para. 49 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

50(1)Section 5 (which contains references to contact activity directions) is amended as follows.E+W

(2)In subsection (2A)—

(a)for “a contact” substitute “ an ”, and

(b)for “the contact” substitute “ the ”.

(3)In subsection (3B) for “a contact” substitute “ an ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 2 para. 50 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

51(1)Section 6 (which includes provision for a family assistance order to cease to have effect where a related residence order is superseded by an order made in Scotland or Northern Ireland) is amended as follows.E+W

(2)After subsection (5) insert—

(5A)Subsection (7) below applies where a Part I order which is a child arrangements order (within the meaning of section 8(1) of the Children Act 1989) ceases by virtue of subsection (1) above to name a person as someone with whom a child is to live.

(3)In subsection (6) (circumstances in which subsection (7) applies)—

(a)after “Subsection (7) below” insert “ also ”, and

(b)omit paragraph (a) (residence order ceasing to have effect by virtue of subsection (1)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 2 para. 51 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Child Support Act 1991 (c. 48)E+W

52For section 3(4)(c) of the Child Support Act 1991 (persons with residence orders in their favour may not be prescribed as persons who are not “persons with care”) substitute—E+W

(c)persons named, in a child arrangements order under section 8 of the Children Act 1989, as persons with whom a child is to live;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 2 para. 52 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Armed Forces Act 1991 (c. 62)E+W

53The Armed Forces Act 1991 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 2 para. 53 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

54In section 17(4) (persons who may apply for assessment order) after paragraph (d) insert—E+W

(da)any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 2 para. 54 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

55In section 18(7) (persons who may apply to vary or discharge an assessment order) after paragraph (d) insert—E+W

(da)any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 2 para. 55 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

56In section 20(8) (persons who are to be allowed reasonable contact with a child subject to a protection order) after paragraph (c) insert—E+W

(ca)any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 2 para. 56 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

57In section 22A(7) (persons who are to be allowed reasonable contact with a child in service police protection) after paragraph (c) insert—E+W

(ca)any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 2 para. 57 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

58(1)Section 23(1) (interpretation of Part 3) is amended as follows.E+W

(2)After the definition of “child” insert—

child arrangements order” has the meaning given by section 8(1) of the Children Act 1989;.

(3)In the definition of “contact order”—

(a)omit “section 8(1) of the Children Act 1989 or”, and

(b)omit “as the case may be”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 2 para. 58 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Adoption and Children Act 2002 (c. 38)E+W

59The Adoption and Children Act 2002 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 2 para. 59 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

60(1)Section 26 (placement of children by adoption agency for adoption: contact) is amended as follows.E+W

(2)In subsection (1) (provision for contact under the 1989 Act ceases to have effect and any contact activity direction is discharged) for the words from “any provision for contact” to the end substitute

(a)any contact provision in a child arrangements order under section 8 of the 1989 Act ceases to have effect,

(b)any order under section 34 of that Act (parental etc contact with children in care) ceases to have effect, and

(c)any activity direction made in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or made in other proceedings that relate to such an order, is discharged.

(3)In subsection (2)(a) (no application may be made for provision for contact under the 1989 Act) for “any provision for contact under that Act, but” substitute

(i)a child arrangements order under section 8 of the 1989 Act containing contact provision, or

(ii)an order under section 34 of that Act, but.

(4)In subsection (3)(c) (application for contact may be made by person in whose favour provision for contact was made)—

(a)omit “for contact under the 1989 Act”, and

(b)for “(1)” substitute “ (1)(a) or an order which ceased to have effect by virtue of subsection (1)(b) ”.

(5)In subsection (3)(d) (application for contact may be made by person in whose favour residence order was made)—

(a)for “residence” substitute “ child arrangements ”, and

(b)for “the person in whose favour the order was made” substitute “ any person named in the order as a person with whom the child was to live ”.

(6)In subsection (5) (application for contact order that is to be heard together with application for adoption order) for “contact order under section 8 of the 1989 Act” substitute “ child arrangements order under section 8 of the 1989 Act containing only contact provision ”.

(7)For subsection (6) (interpretation) substitute—

(5A)In this section “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.

(6)In this section “activity direction” has the meaning given by section 11A of the 1989 Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 2 para. 60 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

61(1)Section 28 (further consequences of placement) is amended as follows.E+W

(2)In subsection (1)(a) (restrictions on applying for residence order) for “residence order” substitute “ child arrangements order regulating the child's living arrangements ”.

(3)After subsection (4) insert—

(5)For the purposes of subsection (1)(a), a child arrangements order regulates a child's living arrangements if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 2 para. 61 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

62(1)Section 29 (further consequences of placement orders) is amended as follows.E+W

(2)In subsection (3)(a) (residence order etc may not be made if placement order is in force) omit “, residence order”.

(3)In subsection (4) (residence orders to which subsection (3) does not apply)—

(a)for “Subsection (3)(a) does not apply in respect of a residence order if—” substitute “ Where a placement order is in force, a child arrangements order may be made with respect to the child's living arrangements only if— ”, and

(b)in paragraph (b), for “residence” substitute “ child arrangements ”.

(4)After subsection (4) insert—

(4A)For the purposes of subsection (4), a child arrangements order is one made with respect to a child's living arrangements if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I73Sch. 2 para. 62 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

63(1)Section 32 (recovery of child from placement) is amended as follows.E+W

(2)In subsection (5) (effect of undecided application for residence order etc on duty to return child) for paragraphs (a) and (b) substitute—

(a)before the notice was given, an application—

(i)for an adoption order (including a Scottish or Northern Irish adoption order),

(ii)for a special guardianship order,

(iii)for a child arrangements order to which subsection (6) applies, or

(iv)for permission to apply for an order within sub-paragraph (ii) or (iii),

was made in respect of the child, and

(b)the application (and, in a case where permission is given on an application to apply for an order within paragraph (a)(ii) or (iii), the application for the order) has not been disposed of,.

(3)After that subsection insert—

(6)A child arrangements order is one to which this subsection applies if it is an order regulating arrangements that consist of, or include, arrangements which relate to either or both of the following—

(a)with whom a child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 2 para. 63 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

64(1)Section 35 (return of placed child in certain cases) is amended as follows.E+W

(2)In subsection (5) (effect of undecided application for residence order etc on duty to return child) for paragraphs (b) and (c) substitute—

(b)before the notice was given, an application—

(i)for an adoption order (including a Scottish or Northern Irish adoption order),

(ii)for a special guardianship order,

(iii)for a child arrangements order to which subsection (5A) applies, or

(iv)for permission to apply for an order within sub-paragraph (ii) or (iii),

was made in respect of the child, and

(c)the application (and, in a case where permission is given on an application to apply for an order within paragraph (b)(ii) or (iii), the application for the order) has not been disposed of,.

(3)After that subsection insert—

(5A)A child arrangements order is one to which this subsection applies if it is an order regulating arrangements that consist of, or include, arrangements which relate to either or both of the following—

(a)with whom a child is to live, and

(b)when a child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 2 para. 64 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

65(1)Schedule 6 (glossary) is amended as follows.E+W

(2)At the appropriate place insert—

child arrangements ordersection 8(1) of the 1989 Act

(3)Omit the entry for “residence order”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I76Sch. 2 para. 65 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Civil Partnership Act 2004 (c. 33)E+W

66(1)Schedule 2 to the Civil Partnership Act 2004 (civil partnerships of persons under 18) is amended as follows.E+W

(2)In paragraph 1 (persons whose consent is required), in each of items 4 and 8 in the first column of the table, for “residence order” substitute “ child arrangements order to which paragraph 2A applies ”.

(3)In paragraph 2 (interpretation of paragraph 1) for “ “residence order”,” substitute “ “child arrangements order”, ”.

(4)In Part 1 (appropriate persons) after paragraph 2 insert—

2AA child arrangements order (as defined by section 8 of the Children Act 1989) is one to which this paragraph applies if the order regulates arrangements that consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 2 para. 66 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Income Tax (Trading and Other Income) Act 2005 (c. 5)E+W

67The Income Tax (Trading and Other Income) Act 2005 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78Sch. 2 para. 67 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

68(1)Section 744 (payments to adopters, etc: England and Wales) is amended as follows.E+W

(2)In subsection (1)(g) (no income tax on payments under section 17 of the Children Act 1989 made to a person as a result of a residence order being in force in the person's favour) for “in whose favour a residence order with respect to a child is in force” substitute “ named in a child arrangements order as a person with whom a child is to live ”.

(3)In subsection (1)(h) (no income tax on payments under paragraph 15 of Schedule 1 to the 1989 Act made to person with whom child is living, or is to live, as a result of a residence order) for “in whose favour residence order is in force” substitute “ with whom child is living, or is to live, as a result of a child arrangements order ”.

(4)In subsection (1)(i) (no income tax on other payments under maintenance agreements or under orders under Schedule 1 to the 1989 Act) for “in whose favour a residence order with respect to the child is in force” substitute “ named in a child arrangements order as a person with whom the child is to live ”.

(5)For subsection (2)(c) (payment not exempt from tax if made to a person in whose favour a residence order is in force where that order is also in favour of an excluded relative) substitute—

(c)it is made to a person (“P”) named in a child arrangements order as a person with whom the child is to live and an excluded relative who lives in the same household as P is also named in that order as a person with whom the child is to live.

(6)In subsection (3) (interpretation) for “ “residence” substitute “ “child arrangements”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I79Sch. 2 para. 68 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

69In section 806(5) (persons who are not foster carers for purposes of Chapter 2 of Part 7) after paragraph (b) insert—E+W

(ba)where the child is in care and there was a child arrangements order in force with respect to the child immediately before the care order was made, a person named in the child arrangements order as a person with whom the child was to live,

(bb)(in Scotland) where the child is in care and there was a child arrangements order in force with respect to the child immediately before the child was placed in care, a person named in the child arrangements order as a person with whom the child was to live, spend time or otherwise have contact,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 2 para. 69 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)E+W

70In paragraph 13(1)(c) of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services: orders mentioned in section 8(1) of the Children Act 1989) for “residence, contact” substitute “ child arrangements orders ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81Sch. 2 para. 70 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Section 82

SCHEDULE 3E+WSpecial educational needs: consequential amendments

PART 1 E+WAmendments to the Education Act 1996

1The Education Act 1996 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I82Sch. 3 para. 1 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

2(1)Section 6 (nursery schools and special schools) is amended as follows.E+W

(2)Omit subsection (2).

(3)In the title, omit “and special schools”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 3 para. 2 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

3(1)Section 13 (general responsibility for education) is amended as follows.E+W

(2)In subsection (3)(b) for “but under 25 and are subject to learning difficulty assessment” substitute “ and for whom an EHC plan is maintained ”.

(3)Omit subsections (4) and (5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 3 para. 3 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

4In section 13A (duty to promote high standards and fulfilment of potential), in subsection (2)(b) for “but under 25 who are subject to learning difficulty assessment” substitute “ and for whom an EHC plan is maintained ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 3 para. 4 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

5(1)Section 15ZA (duty in respect of education and training for persons over compulsory school age: England) is amended as follows.E+W

(2)In subsection (1) for “but under 25 and are subject to learning difficulty assessment” substitute “ and for whom an EHC plan is maintained ”.

(3)In subsection (3)(b) after “learning difficulties” insert “ or disabilities ”.

(4)In subsections (6) and (7) after “learning difficulty” insert “ or disability ”.

(5)For subsection (9) substitute—

(9)The duty in subsection (1) does not apply in relation to persons in a local authority's area who are subject to a detention order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 3 para. 5 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

6In section 15A (powers in respect of education and training for 16 to 18 year olds), in subsection (3) for the words from “a local authority” to the end substitute E+W

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 3 para. 6 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

7In section 15B (functions in respect of education for persons aged over 19), in subsection (3) for the words from “a local authority” to the end substitute E+W

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 3 para. 7 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

8In section 18A (provision of education for persons subject to youth detention), in subsection (2)—E+W

(a)in paragraph (b) omit “or learning difficulties (within the meaning of section 15ZA(6) and (7))”, and

(b)after that paragraph insert—

(ba)in the case of a local authority in England, any learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7)) the persons may have;

(bb)in the case of a local authority in Wales, any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000) the persons may have;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 3 para. 8 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

9In the title of Chapter 1 of Part 4 (children with special educational needs) after “children” insert “ in Wales ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 3 para. 9 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

10Before section 312 (meaning of special educational needs etc) insert—E+W

311AApplication of this Chapter: children in Wales

This Chapter applies only in relation to children in the area of a local authority in Wales.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 3 para. 10 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

11(1)Section 312 (meaning of “special educational needs” and “special educational provision” etc) is amended as follows.E+W

(2)In subsections (1) and (2), after “child” insert “ in the area of a local authority in Wales ”.

(3)In subsection (3A)—

(a)in paragraph (a)—

(i)omit “15ZA”, and

(ii)for “, 15B and 507B” substitute “ and 15B ”, and

(b)in paragraph (b), before “determining” substitute “a local authority in Wales”.

(4)In subsection (4), after “ “special educational provision”” insert “ , in relation to a child in the area of a local authority in Wales, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 3 para. 11 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

12(1)Section 313 (code of practice) is amended as follows.E+W

(2)In subsections (1) and (4) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (5)—

(a)after “means” insert “ the Special Educational Needs Tribunal for Wales. ”, and

(b)omit paragraphs (a) and (b).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 3 para. 12 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

13(1)Section 314 (making and approval of code) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State proposes” substitute “ Welsh Ministers propose ”, and

(b)for “he” substitute “ they ”.

(3)In subsection (2)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “he thinks” substitute “ they think ”, and

(c)for “them” substitute “ those persons ”.

(4)For subsection (3) substitute—

(3)If the Welsh Ministers determine to proceed with the draft (either in its original form or with such modifications as they think fit) they shall lay it before the National Assembly for Wales.

(5)In subsection (4)—

(a)for “each house, the Secretary of State” substitute “ the National Assembly for Wales, the Welsh Ministers ”, and

(b)for “the Secretary of State may” substitute “ the Welsh Ministers may ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 3 para. 13 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

14(1)Section 316A (education otherwise than in mainstream schools) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a), for sub-paragraph (ii) substitute—

(ii)the governing body of the school or, if the school is in England, its head teacher,, and

(b)in paragraph (c), for sub-paragraph (ii) substitute—

(ii)the governing body of the school or, if the school is in England, its head teacher,.

(3)In subsection (8)—

(a)after “issued” insert “ by the Welsh Ministers ”, and

(b)omit paragraphs (a) and (b).

(4)In subsection (10)—

(a)omit “, in relation to Wales,”, and

(b)for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 3 para. 14 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

15In section 317 (duties of governing body or local authority in relation to pupils with special educational needs), in subsection (5)—E+W

(a)after “foundation special school shall” insert “include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).”, and

(b)omit paragraphs (a) and (b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 3 para. 15 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

16(1)Section 318 (provision of goods and services in connection with special educational needs) is amended as follows.E+W

(2)Omit subsections (3) and (3A).

(3)In subsection (3B) omit “in Wales” (in the first place it occurs).

(4)In consequence of the repeal made by sub-paragraph (2)—

(a)in Schedule 30 to the School Standards and Framework Act 1998 omit paragraph 75(4),

(b)in the Education Act 2002, in section 194 omit subsection (2)(a), and

(c)in Schedule 2 to the Childcare Act 2006, omit paragraph 21.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 3 para. 16 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

17In section 326 (appeal against contents of statement), in subsection (4)(c) for the words from “in the case” to “in the proceedings” substitute “ in the proceedings the child has proposed the school ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 3 para. 17 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

18(1)Section 326A (unopposed appeals) is amended as follows.E+W

(2)In subsection (1), for paragraph (a) substitute—

(a)the parent of a child, or a child, has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local authority, and.

(3)In subsection (6)—

(a)after “regulations made” insert “ by the Welsh Ministers ”, and

(b)omit paragraphs (a) and (b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 3 para. 18 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

19(1)Section 328A (appeal against determination of local authority in England not to amend statement following review) is repealed.E+W

(2)In consequence of the repeal made by sub-paragraph (1), section 2 of the Children, Schools and Families Act 2010 is repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 3 para. 19 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

20(1)Section 329A (review or assessment of educational needs at request of responsible body) is amended as follows.E+W

(2)In subsection (14)—

(a)after “ “Relevant early years education”” insert “ has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a local authority at a maintained nursery school. ”, and

(b)omit paragraphs (a) and (b).

(3)In subsection (15)—

(a)omit “, in relation to Wales,”, and

(b)for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(4)In consequence of the amendments made by sub-paragraph (2), in paragraph 22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph (4).

(5)Until the coming into force in relation to Wales of the amendments made by paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph (2)) there were substituted—

(14)Relevant nursery education” has the same meaning as in section 123 of the School Standards and Framework Act 1998, except that it does not include nursery education provided by a local authority at a maintained nursery school.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 3 para. 20 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

21(1)Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended as follows.E+W

(2)In subsection (1) omit “Welsh”.

(3)In the title omit “Welsh”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 3 para. 21 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

22In section 332ZB (notice and service of documents on a child in relation to an appeal by the child), in subsection (1) omit “in Wales”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 3 para. 22 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

23(1)Section 332ZC (case friends—Wales) is amended as follows.E+W

(2)In subsection (1), in paragraph (a) omit “in Wales”.

(3)In subsection (3), in paragraph (a) omit “Welsh”.

(4)In the title, omit “—Wales”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 3 para. 23 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

24(1)Section 332A (advice and information for parents—England) is repealed.E+W

(2)In consequence of the repeal made by sub-paragraph (1), section 2 of the Special Educational Needs and Disability Act 2001 is repealed.

(3)The repeals made by sub-paragraphs (1) and (2) do not affect the application for the time being of section 332A to certain local authorities in Wales by virtue of article 4(a) of the Education (Wales) Measure 2009 (Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/320).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 3 para. 24 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

25(1)Section 332AA (advice and information— Wales) is amended as follows.E+W

(2)In subsection (1) omit “in Wales”.

(3)In the title, omit “— Wales”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 3 para. 25 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

26(1)Section 332B (resolution of disputes—England) is repealed.E+W

(2)In consequence of the repeal made by sub-paragraph (1), section 3 of the Special Educational Needs and Disability Act 2001 is repealed.

(3)The repeals made by sub-paragraphs (1) and (2) do not affect the application for the time being of section 332B to certain local authorities in Wales by virtue of article 4(b) of the Education (Wales) Measure 2009 (Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/320).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 3 para. 26 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

27(1)Section 332BA (resolution of disputes—Wales) is amended as follows.E+W

(2)In subsections (1) and (2) omit “in Wales”.

(3)In the title, omit “—Wales”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 3 para. 27 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

28(1)Section 332BB (independent advocacy services—Wales) is amended as follows.E+W

(2)In subsections (1) and (5) omit “in Wales”.

(3)In the title, omit “—Wales”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 3 para. 28 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

29(1)Sections 332C to 332E (information about children in England with special educational needs) are repealed, and the cross-heading which precedes section 332C is omitted.E+W

(2)In consequence of the repeals made by sub-paragraph (1), section 1 of the Special Educational Needs (Information) Act 2008 is repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110Sch. 3 para. 29 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

30In the cross-heading which precedes section 333 (Special Educational Needs Tribunal) after “Tribunal” insert “ for Wales ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111Sch. 3 para. 30 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

31(1)Section 333 (constitution of Welsh Tribunal) is amended as follows.E+W

(2)Omit subsection (1ZB).

(3)In the following provisions, omit “Welsh”—

(a)subsection (1),

(b)in subsection (2), paragraphs (a), (b) and (c),

(c)in subsection (5), paragraph (a), and paragraph (b) (in the first place it occurs), and

(d)subsection (6) (in the second place it occurs).

(4)In the title, omit “Welsh”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112Sch. 3 para. 31 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

32In section 335 (remuneration and expenses), in subsection (1) and (2) omit “Welsh” (in each case, in the second place it occurs).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113Sch. 3 para. 32 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

33(1)Section 336 (Tribunal procedure) is amended as follows.E+W

(2)In the following provisions omit “Welsh”—

(a)subsection (1) (in the second place it occurs),

(b)in subsection (2), paragraphs (b), (o) and (p),

(c)subsection (2A),

(d)subsection (3) (in the second place it occurs), and

(e)subsection (4) (in the first place it occurs).

(2)Omit subsection (5A).

(3)In subsection (6) omit “or (5A)”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114Sch. 3 para. 33 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

34(1)Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is amended as follows.E+W

(2)In the following provisions, omit “Welsh”—

(a)subsection (1) (in both places it occurs),

(b)subsection (2), and

(c)subsection (3).

(3)In the title, omit “Welsh”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 3 para. 34 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

35In section 336A (compliance with orders), in subsection (2)—E+W

(a)after “made” insert “ by the Welsh Ministers with the agreement of the Secretary of State. ”, and

(b)omit paragraphs (a) and (b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I116Sch. 3 para. 35 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

36For section 337 (special schools) substitute—E+W

337Special schools

A school is a special school if it is specially organised to make special educational provision for pupils with special educational needs, and it is—

(a)maintained by a local authority,

(b)an Academy school, or

(c)a non-maintained special school.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 3 para. 36 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

37In section 342 (approval of non-maintained special schools), in subsection (1)(b) after “community or foundation special school” insert “ or an Academy school ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 3 para. 37 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

38(1)Section 348 (provision of special education at non-maintained schools) is amended as follows.E+W

(2)In subsection (1) after paragraph (a) (and before the “and” which follows it) insert—

(aa)the child is in the area of a local authority in Wales,.

(3)In the title, at the end insert “ —Wales ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 3 para. 38 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

39(1)Section 438 (choice of school: child without statement of special educational needs) is amended as follows.E+W

(2)In subsection (1)—

(a)after “maintain” insert “ an EHC plan (in the case of a local authority in England) or ”, and

(b)after “section 324” insert “ (in the case of a local authority in Wales) ”.

(3)In the title, after “without” insert “ EHC plan or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 3 para. 39 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

40(1)Section 440 (amendment of order at request of parent: child without statement of special educational needs) is amended as follows.E+W

(2)In subsection (1)—

(a)after “maintain” insert “ an EHC plan (in the case of a local authority in England) or ”, and

(b)after “section 324” insert “ (in the case of a local authority in Wales) ”.

(3)In the title, after “without” insert “ EHC plan or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 3 para. 40 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

41(1)Section 441 (choice of school: child with statement of special educational needs) is amended as follows.E+W

(2)In subsection (1)—

(a)after “maintain” insert “ an EHC plan (in the case of a local authority in England) or ”, and

(b)after “section 324” insert “ (in the case of a local authority in Wales) ”.

(3)In subsection (2) after “Where the” insert “ EHC plan or ”.

(4)In subsection (3)—

(a)after “Where the” insert “ EHC plan or ”, and

(b)after “amend the” insert “ EHC plan or ”.

(5)After subsection (3A) insert—

(3B)An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

(6)In subsection (4)—

(a)in paragraph (a) after “maintain” insert “ an EHC plan or ”, and

(b)in paragraph (b) after “specified in the” insert “ plan or ”.

(7)In the title, after “with” insert “ EHC plan or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 3 para. 41 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

42In section 442 (revocation of order at request of parent), in subsection (5)—E+W

(a)after “maintain” insert “ an EHC plan (in the case of a local authority in England) or ”,

(b)after “section 324” insert “ (in the case of a local authority in Wales) ”,

(c)in paragraph (a) after “specified in” insert “ the EHC plan or ”, and

(d)in paragraph (b) after “in the” insert “ plan or the ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 3 para. 42 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

43In section 463 (meaning of “independent school”)—E+W

(a)in subsection (1)(b), after “for whom” insert “ an EHC plan is maintained or for whom ”, and

(b)in subsection (1), for “or a special school not so maintained” substitute “ non-maintained special school ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 3 para. 43 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

44(1)Section 483A (city colleges and academies: special educational needs) is amended as follows.E+W

(2)In subsection (2), in paragraph (a) for “a statement is maintained under section 324” substitute “ an EHC plan or a statement under section 324 is maintained ”.

(3)In subsection (3), in paragraph (a) for “the statement” substitute “ the EHC plan ”.

(4)In subsection (4), in paragraphs (a) and (b) after “specified in” insert “ the plan or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 3 para. 44 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

45In section 507B (local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24), in subsection (2)(b) after “learning difficulty” insert “ or disability ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 3 para. 45 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

46In section 508F (local authorities in England: provision of transport etc for adult learners), in subsection (9) in the definition of “relevant young adult” for “who is aged under 25 and is subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 3 para. 46 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

47In the title of section 508I (complaints about transport arrangements etc for young adults subject to learning difficulty assessment: England), for “adults subject to learning difficulty assessment” substitute “ adult for whom EHC plan is maintained ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 3 para. 47 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

48(1)Section 509AB (local authorities in England: further provision about transport policy statements for persons of sixth form age) is amended as follows.E+W

(2)In subsection (1) after “difficulties” insert “ or disabilities ”.

(3)In subsection (2)(b) after “difficulties” (in each place it occurs) insert “ or disabilities ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 3 para. 48 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

49In section 509AC (interpretation of sections 509AA and 509AB), in subsection (4) after “learning difficulties” insert “ or disabilities ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 3 para. 49 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

50(1)Section 514A (provision of boarding accommodation for persons subject to learning difficulty assessment) is amended as follows.E+W

(2)In subsection (1)—

(a)after “who is” insert “ over compulsory school age and for whom an EHC plan is maintained. ”, and

(b)omit paragraphs (a) and (b).

(3)In the title, for “persons subject to learning difficulty assessment” substitute “ person for whom an EHC plan is maintained ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 3 para. 50 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

51In section 517 (payment of fees at schools not maintained by a local authority), in subsection (1), for “or Part IV (special educational needs)” substitute “ , Part 4 (special educational needs) or Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities) ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 3 para. 51 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

52(1)Section 532A (direct payments: persons with special educational needs or subject to learning difficulty assessment) is amended as follows.E+W

(2)In subsection (1)—

(a)after “(“the beneficiary”)” insert “ for whom the authority maintain an EHC plan. ”, and

(b)omit paragraphs (a) and (b).

(3)In subsection (2)—

(a)for paragraph (a) substitute—

(a)special educational provision specified in the EHC plan;, and

(b)omit paragraph (b).

(4)In the title, omit “or subject to learning difficulty assessment”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Sch. 3 para. 52 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

53In section 532B (direct payments: pilot schemes), in subsection (9) for paragraph (a) substitute—E+W

(a)section 42(2) of the Children and Families Act 2014 (duty to secure special educational provision in accordance with EHC plan);.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 3 para. 53 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

54In section 560A (work experience for persons over compulsory school age), in subsection (1)(b) for “but under 25 and are subject to learning difficulty assessment” substitute “ and for whom an EHC plan is maintained ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I135Sch. 3 para. 54 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

55(1)Section 562C (detained persons with special educational needs) is amended as follows.E+W

(2)In subsection (1), after “local authority” insert “ in Wales ”.

(3)In the title, after “with” insert “ statement of ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 3 para. 55 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)

56In section 562D (appropriate special educational provision: arrangements between local authorities), in subsection (2) after “local authority” insert “ in Wales ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I137Sch. 3 para. 56 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)

57(1)Section 562G (information to be provided where statement of special educational needs previously maintained) is amended as follows.E+W

(2)In subsection (1) after “local authority” insert “ in Wales ”.

(3)In subsection (2) after “home authority” insert “ , where they are a local authority in Wales, ”.

(4)In subsection (4) after “local authority” insert “ in Wales ”.

(5)In subsection (5) after “local authority” insert “ in Wales ”.

(6)In subsection (7)—

(a)in paragraph (a) after “home authority” insert “ , where they are a local authority in Wales ”, and

(b)in paragraph (b) after “authority” insert “ in Wales ”.

(7)In subsection (8)—

(a)after “home authority”, where it first occurs insert “ , where they are a local authority in Wales ”, and

(b)in paragraph (a) after “local authority” insert “ in Wales ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 3 para. 57 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)

58(1)Section 562H (release of detained person appearing to host authority to require assessment) is amended as follows.E+W

(2)In subsection (1)—

(a)after “person” insert

(a)”, and

(b)after “apply” insert , and

(b)for whom the home authority are a local authority in Wales.

(3)In subsection (4), for “Subsections (5) and (6) apply” substitute “ Subsection (6) applies ”.

(4)Omit subsection (5).

(5)In subsection (6), omit paragraph (b) and the “and” preceding it.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 3 para. 58 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)

59In section 579 (general interpretation)—E+W

(a)in subsection (1), after the definition of “education functions” insert—

EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;,

(b)in subsection (1), after the definition of “school year” insert—

“special educational needs”—

(a)in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

(b)in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

“special educational provision”—

(a)in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;

(b)in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);,

(c)after subsection (1) insert—

(1A)For the purposes of this Act a person is subject to learning difficulty assessment if—

(a)an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or

(b)arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made., and

(d)before subsection (4) insert—

(3A)References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales.

(3B)References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 3 para. 59 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

60In section 580 (index)—E+W

(a)after the entry for “education functions” insert—

EHC plansection 579(1),

(b)after the entry for “interest in land” insert—

in the area of a local authority in Englandsection 579(3A)
in the area of a local authority in Walessection 579(3B),

(c)for the entry for “learning difficulty” substitute—

learning difficulty (in relation to a child in the area of a local authority in Wales)section 312(2) and (3) (subject to subsection (3A)),

(d)in the entry for “special educational needs”, in the second column for “section 312(1)” substitute “ section 579(1) ”,

(e)in the entry for “special educational provision”, in the second column for “section 312(4)” substitute “ section 579(1) ”,

(f)in the entry for “special school”, in the second column for “sections 6(2) and” substitute “ section ”, and

(g)in the entry for “subject to learning difficulty assessment”, in the second column for “section 13(4)” substitute “ section 579(1A) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 3 para. 60 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

61In Schedule 35B (meaning of “eligible child” for purposes of section 508B), in paragraph 15(3)—E+W

(a)in paragraph (a) for “statement maintained for the child under section 324” substitute “ EHC plan maintained for the child ”, and

(b)in paragraph (b) for “statement” substitute “ plan ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 3 para. 61 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

62(1)In Schedule 36A (education functions), the table in paragraph 2 is amended as follows.E+W

(2)In the entry for the Disabled Persons (Services, Consultation and Representation) Act 1986, in the second column after “child with” insert “ an EHC plan or ”.

(3)In the entry for the Learning and Skills Act 2000, omit the entry for section 139A.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 3 para. 62 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

PART 2 E+WAmendments to other Acts

Local Government Act 1974 (c. 7)E+W

63In Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioners), in paragraph 5(2)(b) for “by section 312” substitute “ by section 579(1) ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 3 para. 63 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)E+W

64(1)In the Disabled Persons (Services, Consultation and Representation) Act 1986, section 5 (disabled persons leaving special education) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a) after “needs)” insert “ , or have maintained an EHC plan under section 37 of the Children and Families Act 2014, ”, and

(b)in paragraph (b) after “statement” (in both places) insert “ or plan ”.

(3)In subsection (2)—

(a)in paragraph (a) after “statement” insert “ , or secure the preparation of an EHC plan, ”,

(b)in paragraph (b) after “statement” insert “ or plan ”, and

(c)after “making the statement” insert “ , securing the preparation of the plan ”.

(4)After subsection (8) insert—

(8A)Regulations under section 47 of the Children and Families Act 2014 (transfer of EHC plans) may make such provision as appears to the Secretary of State to be necessary or expedient in connection with subsections (1) to (7) of this section.

(5)In subsection (9), in paragraph (a) of the definition of “the responsible authority”, after “1996” insert “ or (as the case may be) Part 3 of the Children and Families Act 2014 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 3 para. 64 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Children Act 1989 (c. 41)E+W

65(1)The Children Act 1989 is amended as follows.E+W

(2)In section 23E (pathway plans), in subsection (1A)(a) after “Education Act 1996” insert “ or Part 3 of the Children and Families Act 2014 ”.

(3)In Part 1 of Schedule 2 (provision of services to families) in paragraph 3 (assessment of children's needs) after paragraph (b) insert—

(ba)Part 3 of the Children and Families Act 2014;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 3 para. 65 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Value Added Tax Act 1994 (c. 23)E+W

66(1)In Schedule 9 to the Value Added Tax Act 1994, in Part 2 (groups of goods and services the supply of which is exempt from VAT), group 6 (education) is amended as follows.E+W

(2)In item 5B—

(a)after paragraph (b) insert—

(ba)aged 19 or over and for whom an EHC plan is maintained,, and

(b)in paragraph (d), after “paragraph” insert “ (ba) or ”.

(3)in note (5B), after “item (5B),” insert “ “EHC plan” and ” and for “has the same meaning” substitute “ have the same meanings ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 3 para. 66 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

School Standards and Framework Act 1998 (c. 31)E+W

67The School Standards and Framework Act 1998 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 3 para. 67 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

68(1)Section 98 (admission for nursery education or to nursery or special school: children with statements of special educational needs) is amended as follows.E+W

(2)In subsection (7) after “for whom” insert “ EHC plans are maintained under section 37 of the Children and Families Act 2014 or ”.

(3)In the title after “special education needs” insert “ or EHC plans ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 3 para. 68 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

69(1)Section 123 (nursery education: children with special educational needs) is amended as follows.E+W

(2)In subsection (1), for the words from “(except” to the end substitute “ to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) or section 313(2) of the Education Act 1996 (in the case of education in Wales). ”

(3)After subsection (1) insert—

(1A)Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.

(4)In subsection (2)—

(a)for “That code of practice” substitute “ The code of practice in question ”, and

(b)after “functions under” insert “ Part 3 of the Children and Families Act 2014 or (as the case may be) ”.

(5)In subsection (3)—

(a)for “that code of practice” substitute “ the code of practice in question ”, and

(b)after “functions under” insert “ Part 3 of the Children and Families Act 2014 or (as the case may be) ”.

(6)In subsection (3A)(b) after “no” insert “ EHC plan or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 3 para. 69 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

70In Part A1 of Schedule 22 (disposals of land in case of foundation, voluntary and foundation special schools in England), in paragraph A23(9), in paragraph (d) of the definition of “children's services”—E+W

(a)after “learning difficulty” insert “ or disability ”, and

(b)omit “66,”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 3 para. 70 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Learning and Skills Act 2000 (c. 21)E+W

71The Learning and Skills Act 2000 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 3 para. 71 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

72In section 35 (conditions imposed by Welsh Ministers on financial resources provided by them), in subsection (3)(f) omit “139A or”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 3 para. 72 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

73In section 41 (discharge by the Welsh Ministers of certain functions in relation to persons with learning difficulties), in subsection (1)(b) omit “139A or”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 3 para. 73 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

74Sections 139A, 139B and 139C (assessments relating to learning difficulties: England) are repealed.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 3 para. 74 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

75In consequence of the repeals made by paragraphs 72, 73 and 74—E+W

(a)omit paragraph 76 of Schedule 1 to the Education and Skills Act 2008;

(b)section 80 of the Education and Skills Act 2008 is repealed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 3 para. 75 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

Education Act 2002 (c. 32)E+W

76The Education Act 2002 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 3 para. 76 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

77In section 92 (pupils with statements of special educational needs: application of National Curriculum for England)—E+W

(a)for the words from “a statement” to “special educational needs” substitute “ an EHC plan maintained for the pupil ”,

(b)for “the statement” substitute “ the plan ”, and

(c)in the heading for “statements of special educational needs” substitute “ EHC plans ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I158Sch. 3 para. 77 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

78(1)Section 94 (information concerning directions under section 93) is amended as follows.E+W

(2)In subsection (3), for the words from “by virtue of” to the end substitute “ and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act). ”

(3)In subsection (5), for the words from “consider” to the end substitute “ make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)). ”

(4)In subsection (6), for “Part 4 of the Education Act 1996” substitute “ Part 3 of the Children and Families Act 2014 (see section 24 of that Act) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I159Sch. 3 para. 78 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Nationality, Immigration and Asylum Act 2002 (c. 41)E+W

79(1)Section 36 of the Nationality, Immigration and Asylum Act 2002 (education of children who are residents of accommodation centres) is amended as follows.E+W

(2)In subsection (3)(b), after “named in” insert “ an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or ”.

(3)In subsection (5), omit the “and” after paragraph (d) and after paragraph (e) insert—

(f)sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), and

(g)sections 38 and 39 of that Act (EHC plan: request of parent for named school etc).

(4)After subsection (5) insert—

(5A)The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.

(5)In subsection (6), omit “the First-tier Tribunal or”.

(6)In subsection (7)—

(a)after “function under this Act” insert “ , Part 3 of the Children and Families Act 2014 ”, and

(b)in paragraph (a), after “special educational provision” insert “ called for by his special educational needs or ”.

(7)In subsection (9), after paragraph (a) insert—

(aa)section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 3 para. 79 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Children Act 2004 (c. 31)E+W

80In section 10(9) of the Children Act 2004 (co-operation arrangements in respect of children may include arrangements in respect of certain young people), in paragraph (c)—E+W

(a)after “but under the age of 25” insert

(i)for whom an EHC plan is maintained, or

(ii), and

(b)after “learning difficulty” insert “ or disability ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 3 para. 80 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Education and Inspections Act 2006 (c. 40)E+W

81In section 16 of the Education and Inspections Act 2006 (consultation before publishing proposals for discontinuance of maintained schools), in subsection (1)(c), after “maintain” insert “ an EHC plan or ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 3 para. 81 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Education and Skills Act 2008 (c. 25)E+W

82The Education and Skills Act 2008 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I163Sch. 3 para. 82 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

83In section 4 (meaning of appropriate full-time education or training)—E+W

(a)in subsection (1)(b), for “learning difficulty” substitute “ special educational needs ”, and

(b)omit subsection (3).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I164Sch. 3 para. 83 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

84In section 17 (sharing and use of information held for purposes of support services or functions under Part 1), in subsection (8)(b)—E+W

(a)for “a learning difficulty” substitute “ special educational needs ”, and

(b)omit the words from “and subsections (6) and (7)” to the end.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I165Sch. 3 para. 84 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

85In section 47 (attendance notice: description of education or training)—E+W

(a)in subsection (5)(b)(ii), for “learning difficulty” substitute “ special educational needs ”, and

(b)omit subsection (6).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I166Sch. 3 para. 85 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

86In section 78(1) (Part 2: supplementary), in the definition of “relevant young adult”—E+W

(a)for “a learning difficulty” substitute “ special educational needs (within the meaning given by section 579(1) of the Education Act 1996) ”, and

(b)omit the words from “and subsections (6) and (7)” to the end.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I167Sch. 3 para. 86 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

87In section 132 (providers of independent education or training for 16 to 18 year olds)—E+W

(a)in subsection (4)(a), for the words from “a statement” to “needs)” substitute “ an EHC plan is maintained ”,

(b)in subsection (4)(b), for “a statement was so” substitute “ an EHC plan was ”,

(c)in subsection (4)(b)(i), after “school” insert “ or (if later) the person ceased to be a student at his or her last post-16 institution ”,

(d)in subsection (4)(b)(ii), after “institution” insert “ in England mentioned in subsection (2) ”, and

(e)in subsection (6), after the definition of “an academic year” insert—

post-16 institution” has the meaning given by section 83(2) of the Children and Families Act 2014;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I168Sch. 3 para. 87 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)E+W

88The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I169Sch. 3 para. 88 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

89In section 83 (power to secure provision of apprenticeship training)—E+W

(a)in subsection (1)(b), for “are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”,

(b)in subsection (2)(b), for “learning difficulties” substitute “ special educational needs ”, and

(c)omit subsection (4).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I170Sch. 3 para. 89 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

90In section 86 (education and training for persons aged 19 or over etc), in subsection (1)(a), for “who are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I171Sch. 3 para. 90 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

91In section 87 (learning aims for persons aged 19 or over: provision of facilities), in subsection (3)(a), for “who are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I172Sch. 3 para. 91 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

92In section 101 (financial resources: conditions), in subsection (5)(f)—E+W

(a)after “specified in” insert “ an EHC plan or ”, and

(b)omit “139A or”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 3 para. 92 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

93In section 115 (persons with learning difficulties)—E+W

(a)in subsection (1), for “learning difficulties” substitute “ special educational needs ”,

(b)in subsection (2)(a), for “who are subject to learning difficulty assessment” substitute “ for whom an EHC plan is maintained ”,

(c)omit subsections (3) and (4), and

(d)in the title, for “learning difficulties” substitute “ special educational needs ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I174Sch. 3 para. 93 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

94In section 129 (general duties of Ofqual)—E+W

(a)in subsection (2)(b) and (c), for “learning difficulties” substitute “ special educational needs ”, and

(b)omit subsections (9) and (10).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I175Sch. 3 para. 94 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Academies Act 2010 (c. 32)E+W

95In section 1 of the Academies Act 2010 (Academy arrangements), omit subsections (7) and (8).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I176Sch. 3 para. 95 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)E+W

96In paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services: special educational needs)—E+W

(a)in sub-paragraph (1)(a), after “1996” insert “ or Part 3 of the Children and Families Act 2014 ”, and

(b)in sub-paragraph (1)(b), for “sections 139A and” substitute “ section ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I177Sch. 3 para. 96 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)

Section 84

SCHEDULE 4E+WChildminder agencies: amendments

PART 1 E+WThe childcare registers

1The Childcare Act 2006 is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I178Sch. 4 para. 1 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I179Sch. 4 para. 1 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

2(1)Section 32 (childcare registration in England: maintenance of the two childcare registers) is amended as follows.E+W

(2)In subsection (2)—

(a)after “register of” insert

(a)”,

(b)omit “who are”, and

(c)for “under Chapter 2” substitute “ by the Chief Inspector for the purposes of Chapter 2 ”.

(3)At the end of that subsection insert , and

(b)all persons registered as early years childminder agencies under Chapter 2A (which provides for the compulsory registration of persons with whom early years childminders and certain other early years providers may register for the purposes of Chapter 2).

(4)In subsection (4)—

(a)after “register of” insert

(a)”,

(b)omit “who are”, and

(c)for “under Chapter 3” substitute “ by the Chief Inspector for the purposes of Chapter 3 ”.

(5)At the end of that subsection insert , and

(b)all persons registered as later years childminder agencies under Chapter 3A (which provides for the compulsory registration of persons with whom later years childminders and certain other later years providers may register for the purposes of Chapter 3).

(6)In subsection (5), for “under Chapter 4” substitute “ by the Chief Inspector for the purposes of Chapter 4 ”.

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Commencement Information

I180Sch. 4 para. 2 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I181Sch. 4 para. 2 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

PART 2 E+WEarly years childminder agencies

3The Childcare Act 2006 is amended as follows.E+W

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Commencement Information

I182Sch. 4 para. 3 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I183Sch. 4 para. 3 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

4In section 33 (requirement to register: early years childminders), in subsection (1) for “in the early years register as an early years childminder” substitute as an early years childminder— E+W

(a)in the early years register, or

(b)with an early years childminder agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I184Sch. 4 para. 4 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I185Sch. 4 para. 4 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

5(1)Section 34 (requirement to register: other early years providers) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)A person may not provide early years provision on premises in England which are not domestic premises unless the person is registered in the early years register in respect of the premises.

(1A)A person may not provide early years provision on domestic premises in England which would be early years childminding but for section 96(5) unless the person is registered—

(a)in the early years register in respect of the premises, or

(b)with an early years childminder agency in respect of the premises.

(3)In subsection (2) for “Subsection (1) does” substitute “ Subsections (1) and (1A) do ”.

(4)In subsection (3) for “subsection (1) does” substitute “ subsections (1) and (1A) do ”.

(5)In subsection (5) after “subsection (1)” insert “ or (1A) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 4 para. 5 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I187Sch. 4 para. 5 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

6(1)Section 35 (applications for registration: early years childminders) is amended as follows.E+W

(2)In subsection (1) for “to the Chief Inspector for registration as an early years childminder” substitute

(a)to the Chief Inspector for registration as an early years childminder in the early years register, or

(b)to an early years childminder agency for registration with that agency as an early years childminder.

(3)In subsection (2)—

(a)in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the early years childminder agency ”, and

(b)in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.

(4)In subsections (3) and (4), after “subsection (1)” insert “ (a) ”.

(5)After subsection (4) insert—

(4A)An early years childminder agency may grant an application under subsection (1)(b) only if—

(a)the applicant is not disqualified from registration by regulations under section 75,

(b)it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c)it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6)In subsection (5), after paragraph (a) insert—

(aa)prohibiting the applicant from being registered in the early years register as an early years childminder if the applicant is registered with a childminder agency;

(ab)prohibiting the applicant from being registered with an early years childminder agency as an early years childminder if the applicant is registered—

(i)with another childminder agency;

(ii)in the early years register or the general childcare register;.

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Commencement Information

I188Sch. 4 para. 6 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I189Sch. 4 para. 6 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

7(1)Section 36 (applications for registration: other early years providers) is amended as follows.E+W

(2)After subsection (1) insert—

(1A)A person who proposes to provide on any premises early years provision in respect of which the person is required by section 34(1A) to be registered may make an application—

(a)to the Chief Inspector for registration as an early years provider in respect of the premises, or

(b)to an early years childminder agency for registration with that agency as an early years provider in respect of the premises.

(3)In subsection (2)—

(a)after “subsection (1)” insert “ or (1A) ”,

(b)in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the early years childminder agency ”, and

(c)in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.

(4)In subsections (3) and (4), after “subsection (1)” insert “ or (1A)(a) ”.

(5)After subsection (4) insert—

(4A)An early years childminder agency may grant an application under subsection (1A)(b) only if—

(a)the applicant is not disqualified from registration by regulations under section 75,

(b)it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c)it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6)In subsection (5), after paragraph (a) insert—

(aa)prohibiting the applicant from being registered in the early years register as an early years provider other than a childminder if the applicant is registered with a childminder agency;

(ab)prohibiting the applicant from being registered with an early years childminder agency as an early years provider other than a childminder if the applicant is registered—

(i)with another childminder agency;

(ii)in the early years register or the general childcare register;.

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Commencement Information

I190Sch. 4 para. 7 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I191Sch. 4 para. 7 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

8(1)Section 37 (entry on the register and certificates) is amended as follows.E+W

(2)In subsection (1) after “section 35(1)” insert “ (a) ”.

(3)In subsection (2) after “section 36(1)” insert “ or (1A)(a) ”.

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Commencement Information

I192Sch. 4 para. 8 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I193Sch. 4 para. 8 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

9After section 37 insert—E+W

37AEarly years childminder agencies: registers and certificates

(1)If an application under section 35(1)(b) is granted, the early years childminder agency must—

(a)register the applicant in the register maintained by the agency as an early years childminder, and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(2)If an application under section 36(1A)(b) is granted, the early years childminder agency must—

(a)register the applicant in the register maintained by the agency as an early years provider other than a childminder, in respect of the premises in question, and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the early years childminder agency must give the registered early years provider an amended certificate.

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Commencement Information

I194Sch. 4 para. 9 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I195Sch. 4 para. 9 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

10In section 38 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in the early years register ”.E+W

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Commencement Information

I196Sch. 4 para. 10 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I197Sch. 4 para. 10 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

11(1)Section 44 (instruments specifying learning and development or welfare requirements) is amended as follows.E+W

(2)In subsection (2)—

(a)after “Chief Inspector” insert “ or early years childminder agencies ”, and

(b)omit “his”.

(3)In subsection (3) after “Chief Inspector” insert “ or early years childminder agencies ”.

(4)In subsection (4) after paragraph (a) (and before the “or” which follows it) insert—

(aa)by early years childminder agencies in the exercise of functions under this Part,.

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Commencement Information

I198Sch. 4 para. 11 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I199Sch. 4 para. 11 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

12In section 49 (inspections), in subsection (1) for “under this Chapter” substitute “ in the early years register ”.E+W

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Commencement Information

I200Sch. 4 para. 12 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I201Sch. 4 para. 12 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

13After Chapter 2 (regulation of early years provision) insert—E+W

CHAPTER 2AE+WRegulation of early years childminder agencies

Process of registrationE+W
51AApplications for registration

(1)A person may make an application to the Chief Inspector for registration as an early years childminder agency.

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector reasonably requires the applicant to give, and

(c)be accompanied by any prescribed fee.

(3)The Chief Inspector must grant an application under subsection (1) if—

(a)the applicant is not disqualified from registration by regulations under section 76A, and

(b)it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4)The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant.

(5)The prescribed requirements for registration may include requirements relating to—

(a)the applicant;

(b)any persons employed by the applicant;

(c)management and control of the applicant (where the applicant is not an individual);

(d)the provision to the Chief Inspector of information about early years providers registered with the applicant;

(e)the applicant's arrangements for registering early years providers;

(f)the applicant's arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance;

(g)the applicant's arrangements for ensuring that early years provision is of a sufficient standard.

51BEntry on the register and certificates

(1)If an application under section 51A is granted, the Chief Inspector must—

(a)register the applicant in the early years register as an early years childminder agency, and

(b)give the applicant a certificate of registration stating that the applicant is so registered.

(2)A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.

(3)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate.

(4)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee.

51CConditions on registration

(1)The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter.

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

InspectionsE+W
51DInspections of early years childminder agencies

(1)The Chief Inspector—

(a)must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b)may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2)For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2.

(3)The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where—

(a)the inspection is conducted at the request of the agency, and

(b)the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

(4)Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.

51EReports of inspections

(1)After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on—

(a)the quality and standards of the services offered by the early years childminder agency to early years providers registered with it,

(b)the quality of leadership and management in the early years childminder agency, and

(c)the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it.

(2)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b)must ensure that a copy of the report is sent without delay to the early years childminder agency,

(c)must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and

(d)may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

(3)Regulations may make provision—

(a)requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

(b)requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c)authorising the agency in prescribed cases to charge a fee for providing a copy of the report.

False representationsE+W
51FFalse representations

(1)A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I202Sch. 4 para. 13 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I203Sch. 4 para. 13 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

PART 3 E+WLater years childminder agencies

14The Childcare Act 2006 is amended as follows.E+W

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Commencement Information

I204Sch. 4 para. 14 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I205Sch. 4 para. 14 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

15In section 52 (requirement to register: later years childminders for children under 8), in subsection (1) for “in Part A of the general childcare register as a childminder” substitute as a later years childminder— E+W

(a)in Part A of the general childcare register, or

(b)with a later years childminder agency.

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Commencement Information

I206Sch. 4 para. 15 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I207Sch. 4 para. 15 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

16(1)Section 53 (requirement to register: other later years providers for children under 8) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)A person may not provide, for a child who has not attained the age of eight, later years provision on premises in England which are not domestic premises unless the person is registered in Part A of the general childcare register in respect of the premises.

(1A)A person may not provide, for a child who has not attained the age of eight, later years provision on domestic premises in England which would be later years childminding but for section 96(9) unless the person is registered—

(a)in Part A of the general childcare register in respect of the premises, or

(b)with a later years childminder agency in respect of the premises.

(3)In subsection (2) for “Subsection (1) does” substitute “ Subsections (1) and (1A) do ”.

(4)In subsection (3) for “subsection (1) does” substitute “ subsections (1) and (1A) do ”.

(5)In subsection (5) after “subsection (1)” insert “ or (1A) ”.

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Commencement Information

I208Sch. 4 para. 16 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I209Sch. 4 para. 16 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

17(1)Section 54 (applications for registration: later years childminders) is amended as follows.E+W

(2)In subsection (1) for “to the Chief Inspector for registration as a later years childminder” substitute

(a)to the Chief Inspector for registration as a later years childminder in Part A of the general childcare register, or

(b)to a later years childminder agency for registration with that agency as a later years childminder.

(3)In subsection (2)—

(a)in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the later years childminder agency ”, and

(b)in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.

(4)In subsections (3) and (4), after “subsection (1)” insert “ (a) ”.

(5)After subsection (4) insert—

(4A)A later years childminder agency may grant an application under subsection (1)(b) only if—

(a)the applicant is not disqualified from registration by regulations under section 75,

(b)it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c)it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6)In subsection (5), after paragraph (a) insert—

(aa)prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder if the applicant is registered with a childminder agency;

(ab)prohibiting the applicant from being registered with a later years childminder agency as a later years childminder if the applicant is registered—

(i)with another childminder agency;

(ii)in the early years register or the general childcare register;.

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Commencement Information

I210Sch. 4 para. 17 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I211Sch. 4 para. 17 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

18(1)Section 55 (applications for registration: other later years providers) is amended as follows.E+W

(2)After subsection (1) insert—

(1A)A person who proposes to provide on any premises later years provision in respect of which the person is required by section 53(1A) to be registered may make an application—

(a)to the Chief Inspector for registration as a later years provider in respect of the premises, or

(b)to a later years childminder agency for registration with that agency as a later years provider in respect of the premises.

(3)In subsection (2)—

(a)after “subsection (1)” insert “ or (1A) ”,

(b)in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the later years childminder agency ”, and

(c)in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.

(4)In subsections (3) and (4), after “subsection (1)” insert “ or (1A)(a) ”.

(5)After subsection (4) insert—

(4A)A later years childminder agency may grant an application under subsection (1A)(b) only if—

(a)the applicant is not disqualified from registration by regulations under section 75,

(b)it appears to the agency that the prescribed requirements for registration are satisfied and are likely to continue to be satisfied, and

(c)it appears to the agency that any other reasonable requirements it has imposed are satisfied and are likely to continue to be satisfied.

(6)In subsection (5), after paragraph (a) insert—

(aa)prohibiting the applicant from being registered in Part A of the general childcare register as a later years provider other than a childminder if the applicant is registered with a childminder agency;

(ab)prohibiting the applicant from being registered with a later years childminder agency as a later years provider other than a childminder if the applicant is registered—

(i)with another childminder agency;

(ii)in the early years register or the general childcare register;.

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Commencement Information

I212Sch. 4 para. 18 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I213Sch. 4 para. 18 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

19(1)Section 56 (entry on the register and certificates) is amended as follows.E+W

(2)In subsection (1) after “section 54(1)” insert “ (a) ”.

(3)In subsection (2) after “section 55(1)” insert “ or (1A)(a) ”.

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Commencement Information

I214Sch. 4 para. 19 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I215Sch. 4 para. 19 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

20After section 56 insert—E+W

56ALater years childminder agencies: registers and certificates

(1)If an application under section 54(1)(b) is granted, the later years childminder agency must—

(a)register the applicant in the register maintained by the agency as a later years childminder, and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(2)If an application under section 55(1A)(b) is granted, the later years childminder agency must—

(a)register the applicant in the register maintained by the agency as a later years provider other than a childminder, in respect of the premises in question, and

(b)give the applicant a certificate of registration stating that he or she is so registered.

(3)A certificate of registration given to the applicant in pursuance of subsection (1) or (2) must contain prescribed information about prescribed matters.

(4)If there is a change of circumstances which requires the amendment of a certificate of registration, the later years childminder agency must give the registered later years provider an amended certificate.

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Commencement Information

I216Sch. 4 para. 20 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I217Sch. 4 para. 20 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

21In section 57 (special procedure for registered early years providers), in the title for “registered early years providers” substitute “ providers registered in the early years register ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I218Sch. 4 para. 21 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I219Sch. 4 para. 21 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

22After section 57 insert—E+W

57ASpecial procedure for providers registered with early years childminder agencies

(1)Subsection (2) applies where—

(a)a person is registered with an early years childminder agency as an early years childminder, and

(b)that agency is also a later years childminder agency.

(2)If the person gives notice to the agency that he or she proposes to provide later years childminding in respect of which he or she is required to be registered under this Chapter, the agency must—

(a)register the person in the register maintained by the agency as a later years childminder, and

(b)give the person a certificate of registration stating that he or she is so registered.

(3)Subsection (4) applies where—

(a)a person is registered with an early years childminder agency in respect of particular premises as an early years provider other than a childminder, and

(b)that agency is also a later years childminder agency.

(4)If the person gives notice to the agency that he or she proposes to provide later years provision in respect of which he or she is required to be registered under this Chapter on the same premises, the agency must—

(a)register the person in the register maintained by the agency as a later years provider other than a childminder, in respect of the premises, and

(b)give the person a certificate of registration stating that he or she is so registered.

(5)Subsections (3) and (4) of section 56A apply in relation to a certificate of registration given in pursuance of subsection (2) or (4) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) or (2) of that section.

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Commencement Information

I220Sch. 4 para. 22 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I221Sch. 4 para. 22 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

23In section 58 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in Part A of the general childcare register ”.E+W

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Commencement Information

I222Sch. 4 para. 23 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I223Sch. 4 para. 23 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

24(1)Section 59 (regulations governing activities) is amended as follows.E+W

(2)In subsection (4)—

(a)after “Chief Inspector” insert “ or later years childminder agencies ”, and

(b)omit “his”.

(3)In subsection (5)—

(a)after “Chief Inspector” insert “ or later years childminder agencies ”, and

(b)omit “his”.

(4)In subsection (6) after paragraph (a) (and before the “or” which follows it) insert—

(aa)by later years childminder agencies in the exercise of functions under this Part,.

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Commencement Information

I224Sch. 4 para. 24 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I225Sch. 4 para. 24 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

25In section 60 (inspections), in subsection (1) for “under this Chapter” substitute “ in Part A of the general childcare register ”.E+W

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Commencement Information

I226Sch. 4 para. 25 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I227Sch. 4 para. 25 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

26After Chapter 3 (regulation of later years provision for children under 8) insert—E+W

CHAPTER 3AE+WRegulation of later years childminder agencies

Process of registrationE+W
61AApplications for registration

(1)A person may make an application to the Chief Inspector for registration as a later years childminder agency.

(2)An application under subsection (1) must—

(a)give any prescribed information about prescribed matters,

(b)give any other information which the Chief Inspector reasonably requires the applicant to give, and

(c)be accompanied by any prescribed fee.

(3)The Chief Inspector must grant an application under subsection (1) if—

(a)the applicant is not disqualified from registration by regulations under section 76A, and

(b)it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4)The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant.

(5)The prescribed requirements for registration may include requirements relating to—

(a)the applicant;

(b)any persons employed by the applicant;

(c)management and control of the applicant (where the applicant is not an individual);

(d)the provision to the Chief Inspector of information about later years providers registered with the applicant;

(e)the applicant's arrangements for registering later years providers;

(f)the applicant's arrangements in relation to training and monitoring later years providers, and providing such persons with information, advice and assistance;

(g)the applicant's arrangements for ensuring that later years provision is of a sufficient standard.

61BEntry on the register and certificates

(1)If an application under section 61A is granted, the Chief Inspector must—

(a)register the applicant in Part A of the general childcare register as a later years childminder agency, and

(b)give the applicant a certificate of registration stating that the applicant is so registered.

(2)A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.

(3)If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the later years childminder agency an amended certificate.

(4)If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the later years childminder agency a copy, on payment by the agency of any prescribed fee.

61CSpecial procedure for registered early years childminder agencies

(1)If an early years childminder agency gives notice to the Chief Inspector of a wish to be a later years childminder agency the Chief Inspector must—

(a)register the early years childminder agency in Part A of the general childcare register as a later years childminder agency, and

(b)give the agency a certificate of registration stating that it is so registered.

(2)Subsections (2) to (4) of section 61B apply in relation to a certificate of registration given in pursuance of subsection (1) of this section as they apply in relation to a certificate of registration given in pursuance of subsection (1) of that section.

61DConditions on registration

(1)The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of a later years childminder agency under this Chapter.

(2)The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 61B or 61C or at any subsequent time.

(3)The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4)A later years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

InspectionsE+W
61EInspections of later years childminder agencies

(1)The Chief Inspector—

(a)must inspect a later years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b)may inspect a later years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2)For the purposes of an inspection under this section, the Chief Inspector may inspect later years provision provided by later years providers who are registered with the later years childminder agency for the purposes of Chapter 3.

(3)The Chief Inspector may charge a prescribed fee for conducting an inspection of a later years childminder agency where—

(a)the inspection is conducted at the request of the agency, and

(b)the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

(4)Regulations may make provision requiring a later years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.

61FReports of inspections

(1)After conducting an inspection under section 61E, the Chief Inspector must make a report in writing on—

(a)the quality and standards of the services offered by the later years childminder agency to later years providers registered with it,

(b)the quality of leadership and management in the later years childminder agency, and

(c)the effectiveness of the arrangements of the later years childminder agency for assuring itself of the quality of the care and education provided by the later years providers registered with it.

(2)The Chief Inspector—

(a)may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b)must ensure that a copy of the report is sent without delay to the later years childminder agency,

(c)must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and

(d)may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

(3)Regulations may make provision—

(a)requiring the later years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

(b)requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c)authorising the agency in prescribed cases to charge a fee for providing a copy of the report.

False representationsE+W
61GFalse representations

(1)A person who without reasonable excuse falsely represents that the person is a later years childminder agency commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I228Sch. 4 para. 26 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I229Sch. 4 para. 26 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

PART 4 E+WVoluntary registration with childminder agency

27The Childcare Act 2006 is amended as follows.E+W

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Commencement Information

I230Sch. 4 para. 27 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I231Sch. 4 para. 27 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

28In section 65 (special procedure for persons already registered), in the title, at the end insert “ in a childcare register ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I232Sch. 4 para. 28 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I233Sch. 4 para. 28 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

29After section 65 insert—E+W

Voluntary registration of persons registered with childminder agenciesE+W

65AProcedure for persons already registered with a childminder agency

(1)A person who is registered as an early years childminder with an early years childminder agency or as a later years childminder with a later years childminder agency may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision in England of—

(a)later years childminding for a child who has attained the age of eight;

(b)early years childminding or later years childminding for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.

(2)If a person gives notice to an agency under subsection (1), the agency must—

(a)register the person in the register maintained by the agency as a childminder registered under this Chapter, and

(b)give the person a certificate of registration stating that he or she is so registered.

(3)A person who is registered as an early years provider (other than a childminder) with an early years childminder agency or as a later years provider (other than a childminder) with a later years childminder agency in respect of particular premises may give notice to the agency that he or she wishes to be registered with the agency in respect of the provision on the same premises of—

(a)later years provision (other than later years childminding) for a child who has attained the age of eight;

(b)early years provision or later years provision (other than early years or later years childminding) for a child who has not attained that age but in respect of which the person is not required to be registered under Chapter 2 or 3.

(4)If a person gives notice to an agency under subsection (3), the agency must—

(a)register the person in the register maintained by the agency as a provider of childcare (other than a childminder) registered under this Chapter, in respect of the premises, and

(b)give the person a certificate of registration stating that he or she is so registered.

(5)A certificate of registration given to the applicant in pursuance of subsection (2) or (4) must contain prescribed information about prescribed matters.

(6)If there is a change of circumstances which requires the amendment of a certificate of registration, the agency must give the registered person an amended certificate.

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Commencement Information

I234Sch. 4 para. 29 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I235Sch. 4 para. 29 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

30In section 66 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in Part B of the general childcare register ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I236Sch. 4 para. 30 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I237Sch. 4 para. 30 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

31(1)Section 67 (regulations governing activities) is amended as follows.E+W

(2)In subsection (4)—

(a)after “Chief Inspector” insert “ , early years childminder agencies or later years childminder agencies ”, and

(b)omit “his”.

(3)In subsection (5)—

(a)after “Chief Inspector” insert “ , early years childminder agencies or later years childminder agencies ”, and

(b)omit “his”.

(4)In subsection (6) after paragraph (a) (and before the “or” which follows it) insert—

(aa)by early years childminder agencies or later years childminder agencies in the exercise of functions under this Part,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I238Sch. 4 para. 31 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I239Sch. 4 para. 31 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

PART 5 E+WProvisions applying in relation to all childminder agencies

32The Childcare Act 2006 is amended as follows.E+W

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Commencement Information

I240Sch. 4 para. 32 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I241Sch. 4 para. 32 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

33(1)Section 68 (cancellation of registration) is amended as follows.E+W

(2)In subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.

(3)In subsection (2)—

(a)after “or 4” insert “ in the early years register or the general childcare register ”, and

(b)in paragraph (d) after “Chapter 2” insert “ in the early years register ”.

(4)In subsection (3) for “as an early years childminder under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years childminder ”.

(5)In subsection (4) for “as a later years childminder under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years childminder ”.

(6)In subsection (5) for “as a childminder under Chapter 4” substitute “ under Chapter 4 in Part B of the general childcare register as a childminder ”.

(7)In subsection (6) after “or 4” insert “ in the early years register or the general childcare register ”.

(8)In the title, at the end insert “ in a childcare register: early years and later years providers ”.

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Commencement Information

I242Sch. 4 para. 33 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I243Sch. 4 para. 33 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

34(1)Section 69 (suspension of registration) is amended as follows.E+W

(2)In subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.

(3)In subsection (3) for “as an early years childminder under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years childminder ”.

(4)In subsection (4) for “as a later years childminder under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years childminder ”.

(5)In subsection (6) for “as an early years provider (other than an early years childminder) under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years provider (other than an early years childminder) ”.

(6)In subsection (7) for “as a later years provider (other than a later years childminder) under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) ”.

(7)In the title, at the end insert “ in a childcare register: early years and later years providers ”.

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Commencement Information

I244Sch. 4 para. 34 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I245Sch. 4 para. 34 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

35After section 69 insert—E+W

69ACancellation, termination and suspension of registration with a childminder agency

(1)Regulations may make provision about the cancellation, termination and suspension of the registration of an early years provider or a later years provider with an early years childminder agency or a later years childminder agency for the purposes of Chapter 2, 3 or 4, in particular—

(a)about the termination by an early years provider or a later years provider of his or her registration;

(b)for the creation of offences relating to things done while a registration is suspended;

(c)about the resolution of disputes between an early years provider or a later years provider and an early years childminder agency or a later years childminder agency.

(2)Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension.

(3)Regulations made by virtue of subsection (1)(b) may only create offences which are—

(a)triable only summarily, and

(b)punishable only with a fine not exceeding the level specified in the regulations, which may not exceed level 5 on the standard scale.

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Commencement Information

I246Sch. 4 para. 35 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I247Sch. 4 para. 35 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

36After section 69A (as inserted by paragraph 35) insert—E+W

69BCancellation of registration: childminder agencies

(1)The Chief Inspector must cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector that the person has become disqualified from registration by regulations under section 76A.

(2)The Chief Inspector may cancel the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency if it appears to the Chief Inspector—

(a)that the prescribed requirements for registration which apply in relation to the person's registration under that Chapter have ceased, or will cease, to be satisfied,

(b)that the person has failed to comply with a condition imposed on the registration under that Chapter,

(c)that the person has failed to comply with a requirement imposed by regulations under that Chapter,

(d)that the person has failed to comply with a requirement imposed by this Chapter, or by regulations under this Chapter, or

(e)that the person has failed to pay a prescribed fee.

(3)Where a requirement to make any changes or additions to any services has been imposed on a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency, the person's registration may not be cancelled on the ground of any defect or insufficiency in the services, if—

(a)the time set for complying with the requirements has not expired, and

(b)it is shown that the defect or insufficiency is due to the changes or additions not having been made.

(4)Regulations may make provision about the effect of the cancellation under this section of the registration under Chapter 2A or 3A of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

69CSuspension of registration: childminder agencies

(1)Regulations may provide for the registration of a person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency to be suspended for a prescribed period in prescribed circumstances.

(2)Regulations under subsection (1) must include provision conferring on the registered person a right of appeal to the Tribunal against suspension.

(3)Regulations under subsection (1) may make provision about the effect of the suspension of the registration of an early years childminder agency or a later years childminder agency on an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

(4)A person registered under Chapter 2A as an early years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—

(a)exercise any functions of an early years childminder agency, or

(b)represent that the person may exercise such functions.

(5)A person registered under Chapter 3A as a later years childminder agency may not, at any time when the person's registration under that Chapter is suspended in accordance with regulations under this section—

(a)exercise any functions of a later years childminder agency, or

(b)represent that the person may exercise such functions.

(6)A person commits an offence if, without reasonable excuse, the person contravenes subsection (4) or (5).

(7)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I248Sch. 4 para. 36 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I249Sch. 4 para. 36 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

37(1)Section 70 (voluntary removal from register) is amended as follows.E+W

(2)In subsection (1) for “any of Chapters 2 to 4” substitute “ Chapter 2, 3 or 4 ”.

(3)In the title for “register” substitute “ a childcare register: early years and later years providers ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I250Sch. 4 para. 37 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I251Sch. 4 para. 37 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

38After section 70 insert—E+W

70AVoluntary removal from a childcare register: childminder agencies

(1)A person registered under Chapter 2A or 3A as an early years childminder agency or a later years childminder agency may give notice to the Chief Inspector of a wish to be removed from the early years register or (as the case may be) from Part A of the general childcare register.

(2)If a person gives notice under subsection (1) the Chief Inspector must remove the person from the early years register or (as the case may be) from Part A of the general childcare register.

(3)The Chief Inspector must not act under subsection (2) if—

(a)the Chief Inspector has sent the person a notice (in pursuance of section 73(2)) of the Chief Inspector's intention to cancel the person's registration, and

(b)the Chief Inspector has not decided that he or she no longer intends to take that step.

(4)The Chief Inspector must not act under subsection (2) if—

(a)the Chief Inspector has sent the person a notice (in pursuance of section 73(7)) of the Chief Inspector's decision to cancel the person's registration, and

(b)the time within which an appeal under section 74 may be brought has not expired or, if such an appeal has been brought, it has not been determined.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I252Sch. 4 para. 38 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I253Sch. 4 para. 38 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

39In section 71 (termination of voluntary registration on expiry of prescribed period), in the title after “registration” insert “ in Part B of the general childcare register ”.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I254Sch. 4 para. 39 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I255Sch. 4 para. 39 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

40In section 72 (protection of children in an emergency), in subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I256Sch. 4 para. 40 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I257Sch. 4 para. 40 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

41(1)Section 73 (procedure for taking certain steps) is amended as follows.E+W

(2)In subsection (3)(b) for “his” substitute “the person's”.

(3)In subsection (4) for “he” substitute “ the applicant or registered person ”.

(4)In subsection (5)—

(a)for “he” substitute “ the recipient ”, and

(b)for “him” substitute “ the recipient ”.

(5)In subsection (6) for “his” substitute “the recipient's”.

(6)In subsection (7) for “he” (in the second place it occurs) substitute “ the recipient ”.

(7)In subsection (9) for “he” substitute “ the person ”.

(8)In subsection (10) for “his” substitute “ the ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I258Sch. 4 para. 41 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I259Sch. 4 para. 41 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

42(1)Section 74 (appeals) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a) for “his” substitute “ the ”,

(b)in paragraph (b) for “his” substitute “the person's”,

(c)in paragraph (c) for “his” substitute “the person's”, and

(d)in paragraph (e) for “his” substitute “the person's”.

(3)In subsection (5)(b) for “his” substitute “ the ”.

(4)In the title, at the end insert “ relating to registration in a childcare register ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I260Sch. 4 para. 42 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I261Sch. 4 para. 42 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

43In the italic heading before section 75 (disqualification from registration), at the end insert “ : early years and later years providers ”.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I262Sch. 4 para. 43 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I263Sch. 4 para. 43 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

44In the title of section 75, at the end insert “ : early years and later years providers ”.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I264Sch. 4 para. 44 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)

I265Sch. 4 para. 44 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)

45(1)Section 76 (consequences of disqualification) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a) after “34(1)” insert “ or (1A) ”, and

(b)in paragraph (c) after “53(1)” insert “ or (1A) ”.

(3)After subsection (3) insert—

(3A)An early years childminder agency must not register for the purposes of Chapter 2 a person who is disqualified from registration by regulations under section 75.

(3B)A later years childminder agency must not register for the purposes of Chapter 3 a person who is disqualified from registration by regulations under section 75.

(3C)An early years childminder agency or a later years childminder agency must not register for the purposes of Chapter 4 a person who is disqualified from registration by regulations under section 75.