Children and Families Act 2014 Explanatory Notes

ANNEX B: TERRITORIAL EXTENT AND APPLICATION TABLE:

Section NumberTitleApplication of Section
PART 1
ADOPTION AND CONTACT
Adoption
1Contact between prescribed persons and adopted person’s relativesEngland and Wales only
2Placement of looked after children with prospective adoptersEngland only
3Repeal of requirement to give due consideration to ethnicity: EnglandEngland only
4Recruitment, assessment and approval of prospective adoptersEngland only
5Adoption support services: personal budgetsEngland only
6Adoption support services: duty to provide informationEngland only
7The Adoption and Children Act RegisterEngland, Wales and Scotland
Contact
8Contact: children in care of local authoritiesEngland and Wales only
9Contact: post-adoptionEngland and Wales only
PART 2
FAMILY JUSTICE
10Family mediation information and assessment meetingsEngland and Wales only
11Welfare of the child: parental involvementEngland and Wales only
12Child arrangements ordersEngland and Wales only
13Control of expert evidence, and of assessments, in children proceedingsEngland and Wales only
14Care, supervision and other family proceedings: time limits and timetablesEngland and Wales only
15Care plansEngland and Wales only
16Care proceedings and care plans: regulations: procedural requirementsEngland and Wales only
17Repeal of restrictions on divorce and dissolution etc where there are childrenEngland and Wales only
18Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996England and Wales only
PART 3
CHILDREN AND YOUNG PEOPLE IN ENGLAND WITH SPECIAL EDUCATIONAL NEEDS OR DISABILITIES
Local authority functions: general principles
19Local authority functions: supporting and involving children and young peopleEngland only
Special educational needs etc
20When a child or young person has special educational needsEngland only
21Special educational provision, health care provision and social care provisionEngland only
Identifying children and young people with special educational needs and disabilities
22Identifying children and young people with special educational needs and disabilitiesEngland only
23Duty of health bodies to bring certain children to local authority’s attentionEngland only
Children and young people for whom a local authority is responsible
24When a local authority is responsible for a child or young personEngland only
Education, health and care provision: integration and joint commissioning
25Promoting integrationEngland only
26Joint commissioning arrangementsEngland only
Review of education and care provision
27Duty to keep education and care provision under reviewEngland only
Co-operation and assistance
28Co-operating generally: local authority functionsEngland only
29Co-operating generally: governing body functionsEngland only
Information and advice
30Local offerEngland only
31Co-operating in specific cases: local authority functionsEngland only
32Advice and informationEngland only
Mainstream education
33Children and young people with EHC plansEngland only
34Children and young people with special educational needs but no EHC planEngland only
35Children with SEN in maintained nurseries and mainstream schoolsEngland only
Assessment
36Assessment of education, health and care needsEngland only
Education, health and care plans
37Education, health and care plansEngland only
38Preparation of EHC plans: draft planEngland only
39Finalising EHC plans: request for particular school or other institutionEngland only
40Finalising EHC plans: no request for particular school or other institutionEngland only
41Independent special schools and special post-16 institutions: approvalEngland only
42Duty to secure special educational provision and health care provision in accordance with EHC PlanEngland only
43Schools and other institutions named in EHC plan: duty to admitEngland only
44Reviews and re-assessmentsEngland only
45Ceasing to maintain an EHC planEngland only
46Maintaining an EHC plan after young person’s 25th birthdayEngland only
47Transfer of EHC plansEngland only
48Release of child or young person for whom EHC plan previously maintainedEngland only
49Personal budgets and direct paymentsEngland only
50Continuation of services under section 17 of the Children Act 1989England only
Appeals, mediation and dispute resolution
51AppealsEngland only
52Right to mediationEngland only
53Mediation: health care issuesEngland only
54Mediation: educational and social care issues etcEngland only
55MediationEngland only
56Mediation: supplementaryEngland only
57Resolution of disagreementsEngland only
58Appeals and claims by children: pilot schemesEngland only
59Appeals and claims by children: follow-up provisionEngland only
60Equality Act 2010: claims against schools by disabled young peopleEngland and Wales only
Special educational provision: functions of local authorities
61Special educational provision otherwise than in schools, post-16 institutions etcEngland only
62Special educational provision outside England and WalesEngland only
53Fees for special educational provision at non-maintained schools and post-16 institutionsEngland only
64Supply of goods and servicesEngland only
65Access to schools, post-16 institutions and other institutionsEngland only
Special educational provision: functions of governing bodies and others
66Using best endeavours to secure special educational provisionEngland only
67SEN co-ordinatorsEngland only
68Informing parents and young peopleEngland only
69SEN information reportEngland only
Detained persons
70Application of Part to detained personsEngland and Wales only
71Assessment of post-detention education, health and care needs of detained personsEngland only
72Securing EHC plans for certain detained personsEngland only
73EHC plans for certain detained persons: appeals and mediationEngland only
74Duty to keep EHC plans for detained personsEngland only
75Supply of goods and services: detained personsEngland only
Information to improve well-being of children and young people with SEN
76Provision and publication of special needs informationEngland only
Code of practice
77Code of practiceEngland only
78Making and approval of codeEngland only
79Review of resolution of disagreementsEngland only
Supplementary
80Parents and young people lacking capacityEngland only
81Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in EnglandEngland only
82Consequential amendmentsEngland only
83Interpretation of Part 3England only
PART 4
CHILDCARE ETC
84Childminder agenciesEngland only
85Inspections at request of providers of childcare to young childrenEngland only
86Repeal of local authority’s duty to assess sufficiency of childcare provisionEngland only
87Discharge of authority’s duty to secure free early years provisionEngland only
88Governing bodies: provision of community facilitiesEngland only
89Childcare costs scheme: preparatory expenditureEngland only
PART 5
WELFARE OF CHILDREN
90Extension of licensing of child performances to children under 14England and Wales only
91Purchase of tobacco etc. on behalf of persons under 18England and Wales only
92Prohibition of sale of nicotine products to persons under 18England and Wales only
93Amendments consequential on section 92England and Wales only
94Regulation of retail packaging etc of tobacco productsUK-wide
95Protection of children’s health: offence of smoking in a private vehicleEngland and Wales only
96Young carersEngland only
97Parent carersEngland only
98Arrangement for living with former foster parents after reaching adulthoodEngland only
99Promotion of educational achievement of children looked after by local authoritiesEngland only
100Duty to support pupils with medical conditionsEngland only
101Local authority functions relating to children etc: interventionEngland and Wales only
102Application of suspension etc powers to establishments and agencies in EnglandEngland only
103Objectives and standards for establishments and agencies in EnglandEngland only
104National minimum standards for establishments and agencies in EnglandEngland only
105Disqualification from carrying on, or being employed in, a children’s homeEngland only
106Provision of free school lunchesEngland only
PART 6
THE CHILDREN’S COMMISSIONER
107Primary function of the Children’s CommissionerEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
108Provision by Commissioner of advice and assistance to certain childrenEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
109Commissioner’s powers to enter premisesEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
110Provision of information to CommissionerEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
111Advisory boardEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
112Business plansEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
113Annual reportsEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
114Children living away from home or receiving social careEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
115Children’s Commissioner: minor and consequential amendmentsEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
116Repeal of requirement to appoint Children’s Rights DirectorEngland primarily.  Applies to Scotland, Wales and Northern Ireland where the Children’s Commissioner’s role in promoting and protecting the rights of children is in relation to non-devolved matters.
PART 7
STATUTORY RIGHTS TO LEAVE AND PAY
Shared parental leave
117Shared parental leaveEngland, Wales and Scotland only
118Exclusion or curtailment of other statutory rights to leaveEngland, Wales and Scotland only
Statutory shared parental pay
119Statutory shared parental payEngland, Wales and Scotland only
120Exclusion or curtailment of other statutory rights to payEngland, Wales and Scotland only
Other statutory rights
121Statutory rights to leave and pay of prospective adopters with whom looked after children are placedEngland, Wales and Scotland only
122Statutory rights to leave and pay of applicants for parental ordersEngland, Wales and Scotland only
123Statutory paternity pay: notice requirement and period of paymentEngland, Wales and Scotland only
124Rate of statutory adoption payEngland, Wales and Scotland only
125Abolition of additional paternity leave and additional statutory paternity payEngland, Wales and Scotland only
Further amendments
126Further amendmentsIn part England, Wales and Scotland; in part Northern Ireland
PART 8
TIME OFF WORK: ANTE-NATAL CARE ETC
127Time off work to accompany to ante-natal appointmentsEngland, Wales and Scotland only
128Time off work to attend adoption appointmentsEngland, Wales and Scotland only
129Right not to be subjected to detriment: agency workersEngland, Wales and Scotland only
130Time off work for ante-natal care: increased amount of awardEngland, Wales and Scotland only
PART 9
RIGHT TO REQUEST FLEXIBLE WORKING
131Removal of requirement to be a carerEngland, Wales and Scotland only
132Dealing with applicationsEngland, Wales and Scotland only
133Complaints to employment tribunalsEngland, Wales and Scotland only
134Review of sections 131 to 133England, Wales and Scotland only
PART 10
GENERAL PROVISIONS
135Orders and regulationsUK-Wide
136Consequential amendments, repeals and revocationsUK-Wide
137Transitional, transitory or saving provisionUK-Wide
138Financial provisionUK-Wide
139CommencementUK-Wide
140Short title and extentUK-Wide

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