2014 No. 852
The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014
Made
Laid before Parliament
Coming into force
The Secretary of State makes this Order in exercise of the powers conferred by section 136 of the Children and Families Act 20141.
Citation and commencement1
This Order may be cited as the Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 and comes into force on 22nd April 2014.
Amendment of the Income Support (General) Regulations 19872
In paragraph 25(1)(c) of Schedule 9 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings)2, for “residence” substitute “child arrangements”.
Amendment of the Non-Contentious Probate Rules 19873
In regulation 32(1)(aa) of the Non-Contentious Probate Rules 1987 (grants on behalf of minors) 3, for the words from “residence” to “person” substitute “child arrangements order under section 8 of that Act which names that person as a person with whom the minor is to live”.
Amendment of the Placement of Children with Parents etc Regulations 19914
1
The Placement of Children with Parents etc. Regulations 19914 are amended as follows.
2
In regulation 1(2) (interpretation), in the definition of “placement”-
a
for the first reference to “residence” substitute “child arrangements”;
b
for the words “in whose favour the residence order was made” substitute “named in the child arrangements order as a person with whom the child is to live”.
3
In regulation 8(4)(f) (notification of placements)—
a
for the first reference to “residence” substitute “child arrangements”;
b
for the words “in whose favour the residence order was made”, substitute “named in the child arrangements order as a person with whom the child is to live”.
Amendment of the National Assistance (Assessment of Resources) Regulations 19925
In paragraph 17(1)(c) of Schedule 3 to the National Assistance (Assessment of Resources) Regulations 1992 (sums to be disregarded in the calculation of income other than earnings)5, for “residence” substitute “child arrangements”.
Amendment of the Jobseeker’s Allowance Regulations 19966
In paragraph 26(1)(c) of Schedule 7 to the Jobseeker’s Allowance Regulations 1996 (sums to be disregarded in the calculation of income other than earnings)6, for “residence” substitute “child arrangements”.
Amendment of the Housing Renewal Grants Regulations 19967
In paragraph 22(1)(b) of Schedule 3 to the Housing Renewal Grants Regulations 1996 (sums to be disregarded in the determination of income other than earnings)7, for “residence” substitute “child arrangements”.
Amendment of the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 20018
In regulation 4(1)(d)(i) and 4(1)(d)(ii) of the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001 (references to parents)8, for “residence” substitute “child arrangements”.
Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 20029
1
The Flexible Working (Eligibility, Complaints and Remedies) Regulations 20029 are amended as follows.
2
In regulation 2(1) (interpretation)—
i
after the definition of “application” insert the following definition ““child arrangements order” means a child arrangements order as defined in section 8(1) of the Children Act 1989;” and
ii
in the definition of “residence order” omit “section 8(1) of the Children Act 1989 or”.
3
In regulation 3(1)(b)(i) (entitlement to request a contract variation to care for a child), after “the child” insert “or a person named in a child arrangements order as a person with whom the child is to live”.
4
In regulation 3(1)(b)(ii) after paragraph (bb) insert “(cc) a person named in a child arrangements order as a person with whom the child is to live”.
Amendment of the Adoption Agencies Regulations 200510
In regulation 14(4)(b)(ii) of the Adoption Agencies Regulations 2005 (requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others)10—
a
for “residence order or contact” substitute “child arrangements”, and
b
for “residence, contact” substitute “child arrangements orders”.
Amendment of the Adoption Agencies (Wales) Regulations 200511
1
The Adoption Agencies (Wales) Regulations 200511 are amended as follows.
2
In regulation 14(3)(b)(ii) (requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others)—
a
for “residence order or contact” substitute “child arrangements”, and
b
for “residence, contact” substitute “child arrangements orders”.
3
In regulation 19(3) (adoption agency decision and notification) for sub-paragraph (b), substitute—
any relative or other significant person whom the agency consulted under regulation 14(1) including-
i
any person named in a child arrangements order under section 8 of the 1989 Act, as a person with whom the child is to spend time or otherwise have contact, or
ii
any person in whose favour an order under section 34 of the 1989 Act (parental contact with children in care) has been made,
where such order is in force immediately before the agency is authorised to place the child for adoption
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 200512
1
The Social Fund Maternity and Funeral Expenses (General) Regulations 200512 are amended as follows.
2
In regulation 3 (interpretation) omit the definition of “residence order” and substitute (in the appropriate place)—
“child arrangements order” means a child arrangements order as defined in section 8(1) of the Children Act 1989 which consists of, or includes, arrangements relating to either or both of the following—
i
with whom the child is to live, and
ii
when the child is to live with any person;
3
In regulation 3A(6)(c) (provision against double payment: Sure Start Maternity Grants) for “residence” substitute “child arrangements.”.
Amendment of the Housing Benefit Regulations 200613
In paragraph 25(1)(ba) of Schedule 5 to the Housing Benefit Regulations 2006 (sums to be disregarded in the calculation of income other than earnings)13, for “residence” substitute “child arrangements”.
Amendment of the Review of Children’s Cases (Wales) Regulations 200714
In paragraph 5(a) of Schedule 1 to the Review of Children’s Cases (Wales) Regulations 2007(elements to be included in review)14, for “residence, contact” substitute “child arrangements orders”.
Amendment of the Placement of Children (Wales) Regulations 200715
1
The Placement of Children (Wales) Regulations 200715 are amended as follows.
2
In regulation 6(1)(g) of the Placement of Children (Wales) Regulations 2007 (notification of arrangements) for the words “in whose favour a contact order is in force with respect to the child”, substitute “named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact”.
3
In regulation 9(2)(d) (establishment of records) for the second reference to “contact”, substitute “child arrangements”.
Amendment of the Employment and Support Allowance Regulations 200816
In paragraph 26(1)(b) of Schedule 8 to the Employment and Support Allowance Regulations 2008 (sums to be disregarded in the calculation of income other than earnings)16, for “residence” substitute “child arrangements”.
Amendment of the Armed Forces (Protection of Children of Service Families) Regulations 200917
In regulation 5(3)(f) of the Armed Forces (Protection of Children of Service Families) Regulations 2009 (variation and discharge of assessment orders)17, for the words “in whose favour a contact order is in force with respect to the child” substitute “named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact”.
Amendment of the Care Planning, Placement and Case Review (England) Regulations 201018
In regulation 2 of the Care Planning, Placement and Case Review (England) Regulations 2010 (interpretation)18, in the definition of “P”, for paragraph (c), substitute—
c
where C is in the care of the responsible authority and there was a child arrangements order which regulated C’s living arrangements in force immediately before the care order was made, a person named in the child arrangements order as a person with whom C was to live
Amendment of the Care Leavers (England) Regulations 201019
1
In regulation 3(5)(c) of the Care Leavers (England) Regulations 2010 (relevant children)19—
i
for the first reference to “residence” substitute “child arrangements”;
ii
for “in whose favour the residence order was made” substitute “named in the child arrangements order as a person with whom they were to live”.
2
After regulation 3(5) insert the following—
5A
For the purposes of paragraph (5), a child arrangements order is one that consists of, or includes, arrangements relating to either or both of the following—
i
with whom the child is to live, and
ii
when the child is to live with any person.
Amendment of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 201120
In regulation 7(1)(g) of the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 (notification of arrangements)20, for the words from “in whose favour a contact order is in force with respect to the child”, substitute “named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact”.
Amendment of the Qualifying Care Relief (Specified Social Care Schemes) Order 201121
In Article 5(7) of the Qualifying Care Relief (Specified Social Care Schemes) Order 2011 (specified social care schemes for kinship care)21—
a
in sub-paragraph (a), omit “or”;
b
after sub-paragraph (a), insert—
aa
(in relation to orders made in England and Wales) a child arrangements order that names Y as a person with whom X is to live, or
Amendment of the School Admissions (Infant Class Size) (England) Regulations 201222
1
The Schedule to the School Admissions (Infant Class Size) (England) Regulations 201222 is amended as follows.
2
In paragraph 1, after the definition of “the regular army” insert—
e
“child arrangements order” means a child arrangements order as defined by section 8(1) of the Children Act 1989 which consists of, or includes, arrangements relating to either or both of the following—
i
with whom the child is to live, and
ii
when the child is to live with any person
3
In paragraph 4, for “residence” substitute “child arrangements”.
Amendment to the School Admissions (Infant Class Sizes) (Wales) Regulations 201323
1
The Schedule to the School Admissions (Infant Class Sizes) (Wales) Regulations 2013 (excepted pupils)23 is amended as follows.
2
In paragraph 1, after the definition of “the regular army” insert—
e
“child arrangements order” means a child arrangements order as defined by section 8(1) of the Children Act which consists of, or includes, arrangements relating to either or both of the following—
i
with whom the child is to live, and
ii
when the child is to live with any person
3
In paragraph 4, for “residence” substitute “child arrangements”.
Amendment to the Education (Information About Individual Pupils) (England) Regulations 201324
1
The Education (Information About Individual Pupils) (England) Regulations 201324 are amended as follows.
2
In regulation 2 (interpretation)—
i
after the definition of “budget share” insert the following definition ““child arrangements order” means a child arrangements order as defined by section 8(1) of the Children Act 1989 which consists of, or includes, arrangements relating to either or both of the following (i) with whom the child is to live, and (ii) when the child is to live with any person;”;
ii
omit the definition of “residence order”.
3
In paragraph 13 of Schedule 1, for “residence” substitute “child arrangements”.
Amendment to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 201325
In paragraph 30(1)(b) of Schedule 9 to the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)25, for “residence” substitute “child arrangements”.
Amendment to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 201326
In paragraph 30(1)(b) of Schedule 7 to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)26, for “residence” substitute “child arrangements”.
(This note is not part of the Order)