# Children and Families Act 2014

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U.K.

# Children and Families Act 2014

# 2014 CHAPTER 6

An Act to make provision about children, families, and people with special educational needs or disabilities; to make provision                        about the right to request flexible working; and for connected purposes.                     

[13th March 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **PART 1**E+WAdoption and contact

### AdoptionE+W

#### 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 2Placement of looked after children with prospective adoptersE+W

#### 3Repeal of requirement to give due consideration to ethnicity: EnglandE+W

#### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Prospective

#### 5Adoption support services: personal budgetsE+W

#### 6Adoption support services: duty to provide informationE+W

#### 7The Adoption and Children Act RegisterE+W

### ContactE+W

#### 8Contact: children in care of local authoritiesE+W

#### 9Contact: post-adoptionE+W

## **PART 2**E+WFamily justice

### 10Family mediation information and assessment meetingsE+W

### 11Welfare of the child: parental involvementE+W

### 12Child arrangements ordersE+W

### 13Control of expert evidence, and of assessments, in children proceedingsE+W

### 14Care, supervision and other family proceedings: time limits and timetablesE+W

### 15Care plansE+W

### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 17Repeal of restrictions on divorce and dissolution etc where there are childrenE+W

### 18Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996E+W

## **PART 3**E+WChildren and young people in England with special educational needs or disabilities

### Local authority functions: general principlesE+W

#### 19Local authority functions: supporting and involving children and young peopleE+W

### Special educational needs etcE+W

#### 20When a child or young person has special educational needsE+W

#### 21Special educational provision, health care provision and social care provisionE+W

### Identifying children and young people with special educational needs and disabilitiesE+W

#### 22Identifying children and young people with special educational needs and disabilitiesE+W

#### 23Duty of health bodies to bring certain children to local authority's attentionE+W

### Children and young people for whom a local authority is responsibleE+W

#### 24When a local authority is responsible for a child or young personE+W

### Education, health and care provision: integration and joint commissioningE+W

#### 25Promoting integrationE+W

#### 26Joint commissioning arrangementsE+W

### Review of education and care provisionE+W

#### 27Duty to keep education and care provision under reviewE+W

### Co-operation and assistanceE+W

#### 28Co-operating generally: local authority functionsE+W

#### 29Co-operating generally: governing body functionsE+W

### Information and adviceE+W

#### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 32Advice and informationE+W

### Mainstream educationE+W

#### 33Children and young people with EHC plansE+W

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 35Children with SEN in maintained nurseries and mainstream schoolsE+W

### AssessmentE+W

#### 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Education, health and care plansE+W

#### 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 38Preparation of EHC plans: draft planE+W

#### 39Finalising EHC plans: request for particular school or other institutionE+W

#### 40Finalising EHC plans: no request for particular school or other institutionE+W

#### 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 48Release of child or young person for whom EHC plan previously maintainedE+W

#### 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 50Continuation of services under section 17 of the Children Act 1989E+W

### Appeals, mediation and dispute resolutionE+W

#### 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 53Mediation: health care issuesE+W

#### 54Mediation: educational and social care issues etcE+W

#### 55MediationE+W

#### 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 57Resolution of disagreementsE+W

#### [F158Appeals and claims by children: pilot schemesE+W

#### 59Appeals and claims by children: follow-up provisionE+W

#### 60Equality Act 2010: claims against schools by disabled young peopleE+W

### Special educational provision: functions of local authoritiesE+W

#### 61Special educational provision otherwise than in schools, post-16 institutions etcE+W

#### 62Special educational provision outside England and WalesE+W

#### 63Fees for special educational provision at non-maintained schools and post-16 institutionsE+W

#### 64Supply of goods and servicesE+W

#### 65Access to schools, post-16 institutions and other institutionsE+W

### Special educational provision: functions of governing bodies and othersE+W

#### 66Using best endeavours to secure special educational provisionE+W

#### 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 68Informing parents and young peopleE+W

#### 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Detained personsE+W

#### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 71Assessment of post-detention education, health and care needs of detained personsE+W

#### 72Securing EHC plans for certain detained personsE+W

#### 73EHC plans for certain detained persons: appeals and mediationE+W

#### 74Duty to keep EHC plans for detained personsE+W

#### 75Supply of goods and services: detained personsE+W

### Information to improve well-being of children and young people with SENE+W

#### 76Provision and publication of special needs informationE+W

### Code of practiceE+W

#### 77Code of practiceE+W

#### 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 79Review of resolution of disagreementsE+W

### SupplementaryE+W

#### 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 82Consequential amendmentsE+W

#### 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 4**E+WChildcare etc

### 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 85Inspections at request of providers of childcare to young childrenE+W

### 86Repeal of local authority's duty to assess sufficiency of childcare provisionE+W

### 87Discharge of authority's duty to secure free early years provisionE+W

### 88Governing bodies: provision of community facilitiesE+W

### 89Childcare costs scheme: preparatory expenditureE+W

## **PART 5**U.K.Welfare of children

### Child performancesE+W

#### 90Extension of licensing of child performances to children under 14E+W

### Tobacco, nicotine products and smokingU.K.

#### 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 92Prohibition of sale of nicotine products to persons under 18E+W

#### 93Amendments consequential on section 92E+W

#### 94Regulation of retail packaging etc of tobacco productsU.K.

#### 95Smoking in a private vehicleE+W

### Young carers and parent carersE+W

#### 96Young carersE+W

#### 97Parent carersE+W

### Staying put arrangementsE+W

#### 98Arrangements for living with former foster parents after reaching adulthoodE+W

### Educational achievement of looked after childrenE+W

#### 99Promotion of educational achievement of children looked after by local authoritiesE+W

### Pupils with medical conditionsE+W

#### 100Duty to support pupils with medical conditionsE+W

### Local authority functions: interventionE+W

#### 101Local authority functions relating to children etc: interventionE+W

### Regulation of children's homes etcE+W

#### 102Application of suspension etc powers to establishments and agencies in EnglandE+W

#### 103Objectives and standards for establishments and agencies in EnglandE+W

#### 104National minimum standards for establishments and agencies in EnglandE+W

#### 105Disqualification from carrying on, or being employed in, a children's homeE+W

### Free school lunchesE+W

#### 106Provision of free school lunchesE+W

## **PART 6**E+WThe Children's Commissioner

### 107Primary function of the Children's CommissionerE+W

### 108Provision by Commissioner of advice and assistance to certain childrenE+W

### 109Commissioner's powers to enter premisesE+W

### 110Provision of information to CommissionerE+W

### 111Advisory boardE+W

### 112Business plansE+W

### 113Annual reportsE+W

### 114Children living away from home or receiving social careE+W

### 115Children's Commissioner: minor and consequential amendmentsE+W

### 116Repeal of requirement to appoint Children's Rights DirectorE+W

## **PART 7**U.K.Statutory rights to leave and pay

### Shared parental leaveE+W

#### 117Shared parental leaveE+W

#### 118Exclusion or curtailment of other statutory rights to leaveE+W

### Statutory shared parental payE+W

#### 119Statutory shared parental payE+W

#### 120Exclusion or curtailment of other statutory rights to payE+W

### Other statutory rightsE+W

#### 121Statutory rights to leave and pay of prospective adopters with whom looked after children are placedE+W

#### 122Statutory rights to leave and pay of applicants for parental ordersE+W

#### 123Statutory paternity pay: notice requirement and period of paymentE+W

#### 124Rate of statutory adoption payE+W

#### 125Abolition of additional paternity leave and additional statutory paternity payE+W

### Further amendmentsU.K.

#### 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 8**E+WTime off work: ante-natal care etc

### 127Time off work to accompany to ante-natal appointmentsE+W

### 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 129Right not to be subjected to detriment: agency workersE+W

Prospective

### 130Time off work for ante-natal care: increased amount of awardE+W

## **PART 9**E+W+SRight to request flexible working

### 131Removal of requirement to be a carerE+W

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

(2)Section 80F is further amended as follows—                  

(a)in subsection (1), the “and” following paragraph (a) is repealed;                  

(b)in subsection (2), after paragraph (b) there is inserted “and”;                  

(c)in subsection (2), paragraph (d) and the “and” preceding it are repealed;                  

(d)subsection (10) is repealed.                  

### 132Dealing with applicationsE+W

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

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

“(a)shall deal with the application in a reasonable manner,                  

(aa)shall notify the employee of the decision on the application within the decision period, and”.                  

(3)After subsection (1) there is inserted—                  

“(1A)If an employer allows an employee to appeal a decision to reject an application, the reference in subsection (1)(aa) to the                           decision on the application is a reference to—                  

(a)the decision on the appeal, or                  

(b)if more than one appeal is allowed, the decision on the final appeal.                  

(1B)For the purposes of subsection (1)(aa) the decision period applicable to an employee's application under section 80F is—                  

(a)the period of three months beginning with the date on which the application is made, or                  

(b)such longer period as may be agreed by the employer and the employee.                  

(1C)An agreement to extend the decision period in a particular case may be made—                  

(a)before it ends, or                  

(b)with retrospective effect, before the end of a period of three months beginning with the day after that on which the decision                           period that is being extended came to an end.”                  

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

“(1D)An application under section 80F is to be treated as having been withdrawn by the employee if—                  

(a)the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the application                           and the next meeting arranged for that purpose, or                  

(b)where the employer allows the employee to appeal a decision to reject an application or to make a further appeal, the employee                           without good reason has failed to attend both the first meeting arranged by the employer to discuss the appeal and the next                           meeting arranged for that purpose,                  

and the employer has notified the employee that the employer has decided to treat that conduct of the employee as a withdrawal                        of the application.”                  

(5)In the Employment Rights Act 1996, the following are repealed—                  

(a)section 47E(1)(b);                  

(b)section 80G(2) to (4);                  

(c)section 80H(4);                  

(d)in section 80I(4), the words “, and the regulations under that section,”;                  

(e)section 104C(1)(b).                  

### 133Complaints to employment tribunalsE+W

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

(2)In subsection (1) (grounds of complaint)—                  

(a)the “or” after paragraph (a) is repealed;                  

(b)after paragraph (b) there is inserted “, or                   

(c)that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements                           in section 80G(1D)(a) and (b).”                  

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

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

“(3)In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a)                           or (b) may be made until—                  

(a)the employer notifies the employee of the employer's decision on the application, or                  

(b)if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying                           the employee of the employer's decision on the application, the end of the decision period.                  

(3A)If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this                           section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed,                           the decision on the final appeal.                  

(3B)If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated                           as not allowing a complaint until the end of the extended period.”                  

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

“(3C)A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to                           the employee.”                  

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

### 134Review of sections 131 to 133E+W+S

(1)The Secretary of State must from time to time—                  

(a)carry out a review of sections 131 to 133,                  

(b)set out the conclusions of the review in a report, and                  

(c)publish the report.                  

(2)The report must in particular—                  

(a)set out the objectives intended to be achieved by the amendments of the Employment Rights Act 1996 made by sections 131 to                        133,                  

(b)assess the extent to which those objectives are achieved, and                  

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a way that imposes                        less regulation.                  

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

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

## **PART 10**U.K.General provisions

### 135Orders and regulationsU.K.

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

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

(a)to make different provision for different purposes (including different areas);                  

(b)to make provision generally or in relation to specific cases.                  

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

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

(5)Subsection (4) does not apply to—                  

(a)a statutory instrument containing an order under section 78(6), 137 or 139, or                  

(b)a statutory instrument to which subsection (6) applies.                  

(6)A statutory instrument containing (whether alone or with other provision)—                  

(a)the first regulations to be made under section 49,                  

(b)an order under section 58(1) or 59(1),                  

(c)regulations under section 70(3),                  

(d)regulations under section 92 or 93,                  

(e)regulations under subsection (6), (8), (9) or (10) of section 94,                  

(f)regulations under subsection (11) of that section which amend, repeal or revoke any provision of an enactment within the meaning                        of that section, or                  

(g)an order under section 136 which amends or repeals any provision of primary legislation,                  

is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)“Primary legislation” means—                  

(a)an Act of Parliament;                  

(b)a Measure or Act of the National Assembly for Wales.                  

### 136Consequential amendments, repeals and revocationsU.K.

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

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

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

### 137Transitional, transitory or saving provisionU.K.

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

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

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

(a)the offence contained in the new section 51C(4) to be inserted into the Childcare Act 2006 by paragraph 13 of Schedule 4 to                        this Act;                  

(b)the offence contained in the new section 51F(1) to be inserted into that Act by paragraph 13 of that Schedule;                  

(c)the offence contained in the new section 61D(4) to be inserted into that Act by paragraph 26 of that Schedule;                  

(d)the offence contained in the new section 61G(1) to be inserted into that Act by paragraph 26 of that Schedule;                  

(e)the offence contained in the new section 69C(6) to be inserted into that Act by paragraph 36 of that Schedule;                  

(f)the offence contained in the new section 76B(3) to be inserted into that Act by paragraph 46 of that Schedule.                  

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

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

### 138Financial provisionU.K.

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

(a)any expenses incurred by a Minister of the Crown or a government department under this Act, and                  

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.                  

(2)There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under                        any other Act.                  

### 139CommencementU.K.

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

(2)Section 1—                  

(a)so far as it relates to England, comes into force on such day as the Secretary of State appoints by order, and                  

(b)so far as it relates to Wales, comes into force on such day as the Welsh Ministers appoint by order.                  

(3)Sections 10, 13 and 17 come into force on such day as the Lord Chancellor appoints by order.                  

(4)Sections 18, 90, 101, 102, 103 and 104 come into force at the end of the period of two months beginning with the day on which                        this Act is passed.                  

(5)Part 6 comes into force on 1 April 2014.                  

(6)The remaining provisions of this Act come into force on such day as the Secretary of State appoints by order.                  

(7)An order under subsection (2), (3) or (6) may appoint different days for different purposes.                  

### 140Short title and extentU.K.

(1)This Act may be cited as the Children and Families Act 2014.                  

(2)Part 3 of this Act (children and young people in England with special educational needs or disabilities) and section 100 (duty                        to support pupils with medical conditions) are to be included in the list of Education Acts set out in section 578 of the                        Education Act 1996.                  

(3)This Act extends to England and Wales only, subject to the following subsections.                  

(4)Section 94 extends to the whole of the United Kingdom.                  

(5)Sections 126(2) to (4) and 134 extend to England and Wales and Scotland.                  

(6)Section 126(3) and (4), so far as relating to paragraphs 5, 56 to 62 and 64 of Schedule 7, extends to Northern Ireland.                  

(7)This Part extends to the whole of the United Kingdom.                  

(8)An amendment or repeal made by this Act has the same extent as the provision to which it relates (ignoring extent by virtue                        of an Order in Council), subject to subsection (9).                  

(9)Subsection (8) does not apply to the repeal made by section 90, which extends to England and Wales only.                  

# SCHEDULES

 Section 7

## SCHEDULE 1E+WThe Adoption and Children Act Register

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

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 ”.

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).

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).

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 ”.

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) ”.

7E+WSection 130 (territorial application) is repealed.

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).

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

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

(a)omit “Order in Council or”, and

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

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).

 Section 12

## SCHEDULE 2E+WChild arrangements orders: amendments

### **PART 1**E+WAmendments of the Children Act 1989

1E+WThe Children Act 1989 is amended as follows.

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 ”.

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

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.”                  

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.”                  

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”.

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”.

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”.

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”.

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”.

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”.

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”.

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”.

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 ”.

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

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

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

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 ”.

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 ”.

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 ”.

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 ”.

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 ”.

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 ”.

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.”                  

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

24E+WIn 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; ”.

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.”                  

26E+WIn 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; ”.

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.”                  

28E+WFor 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—

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

29E+WIn 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)—

(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 ”.

30E+WIn 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. ”

31E+WIn 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)—

(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 ”.

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.”                  

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.”                  

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

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

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

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

36E+WIn 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—

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

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.”                  

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).

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 ”.

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 ”.

41E+WIn 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).

### **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.”                  

#### 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”.

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

44E+WIn 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 ”.

#### 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 ”.

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

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

(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) ”.

#### 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”.

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

48E+WFor 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—

“(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;”.                  

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

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

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 ”.

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)).

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

52E+WFor 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—

“(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;”.                  

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

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

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

“(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;”.                  

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

“(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;”.                  

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

“(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;”.                  

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

“(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,”.                  

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”.

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

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

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.”                  

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.”                  

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.”                  

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.”                  

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.”                  

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

(2)At the appropriate place insert—

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

#### 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.”                  

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

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

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”.

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

“(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,”.                  

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

70E+WIn 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 ”.

 Section 82

## SCHEDULE 3E+WSpecial educational needs: consequential amendments

### **PART 1**E+WAmendments to the Education Act 1996

1E+WThe Education Act 1996 is amended as follows.

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”.

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).

4E+WIn 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 ”.

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.”                  

6E+WIn 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 “— 

(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).”                  

7E+WIn 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 “— 

(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).”                  

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

(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;”.                  

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

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

#### “311AApplication of this Chapter: children in Wales

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, ”.

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).

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 ”.

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 ”.

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

(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).

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.

17E+WIn 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 ”.

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).

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.

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.”                  

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”.

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

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”.

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).

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”.

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).

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”.

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”.

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.

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

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”.

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

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)”.

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”.

35E+WIn section 336A (compliance with orders), in subsection (2)—

(a)after “made” insert “ by the Welsh Ministers with the agreement of the Secretary of State. ”, and

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

36E+WFor section 337 (special schools) substitute—

#### “337Special schools

37E+WIn section 342 (approval of non-maintained special schools), in subsection (1)(b) after “community or foundation special school”                        insert “ or an Academy school ”.

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 ”.

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 ”.

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 ”.

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 ”.

42E+WIn section 442 (revocation of order at request of parent), in subsection (5)—

(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 ”.

43E+WIn section 463 (meaning of “independent school”)—

(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 ”.

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 ”.

45E+WIn 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 ”.

46E+WIn 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 ”.

47E+WIn 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 ”.

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 ”.

49E+WIn section 509AC (interpretation of sections 509AA and 509AB), in subsection (4) after “learning difficulties” insert “ or disabilities ”.

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 ”.

51E+WIn 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) ”.

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”.

53E+WIn section 532B (direct payments: pilot schemes), in subsection (9) for paragraph (a) substitute—

“(a)section 42(2) of the Children and Families Act 2014 (duty to secure special educational provision in accordance with EHC plan);”.                  

54E+WIn 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 ”.

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 ”.

56E+WIn section 562D (appropriate special educational provision: arrangements between local authorities), in subsection (2) after                        “local authority” insert “ in Wales ”.

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 ”.

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.

59E+WIn section 579 (general interpretation)—

(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.”                  

60E+WIn section 580 (index)—

(a)after the entry for “education functions” insert—

(b)after the entry for “interest in land” insert—

(c)for the entry for “learning difficulty” substitute—

(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) ”.

61E+WIn Schedule 35B (meaning of “eligible child” for purposes of section 508B), in paragraph 15(3)—

(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 ”.

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.

### **PART 2**E+WAmendments to other Acts

#### Local Government Act 1974 (c. 7)E+W

63E+WIn 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) ”.

#### 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 ”.

#### 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;”.                  

#### 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 ”.

#### School Standards and Framework Act 1998 (c. 31)E+W

67E+WThe School Standards and Framework Act 1998 is amended as follows.

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 ”.

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 ”.

70E+WIn 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”—

(a)after “learning difficulty” insert “ or disability ”, and

(b)omit “66,”.

#### Learning and Skills Act 2000 (c. 21)E+W

71E+WThe Learning and Skills Act 2000 is amended as follows.

72E+WIn section 35 (conditions imposed by Welsh Ministers on financial resources provided by them), in subsection (3)(f) omit “139A                        or”.

73E+WIn section 41 (discharge by the Welsh Ministers of certain functions in relation to persons with learning difficulties), in                        subsection (1)(b) omit “139A or”.

74E+WSections 139A, 139B and 139C (assessments relating to learning difficulties: England) are repealed.

75E+WIn consequence of the repeals made by paragraphs 72, 73 and 74—

(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.

#### Education Act 2002 (c. 32)E+W

76E+WThe Education Act 2002 is amended as follows.

77E+WIn section 92 (pupils with statements of special educational needs: application of National Curriculum for England)—

(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 ”.

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) ”.

#### 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,”.                  

#### Children Act 2004 (c. 31)E+W

80E+WIn 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)—

(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 ”.

#### Education and Inspections Act 2006 (c. 40)E+W

81E+WIn 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 ”.

#### Education and Skills Act 2008 (c. 25)E+W

82E+WThe Education and Skills Act 2008 is amended as follows.

83E+WIn section 4 (meaning of appropriate full-time education or training)—

(a)in subsection (1)(b), for “learning difficulty” substitute “ special educational needs ”, and

(b)omit subsection (3).

84E+WIn section 17 (sharing and use of information held for purposes of support services or functions under Part 1), in subsection                        (8)(b)—

(a)for “a learning difficulty” substitute “ special educational needs ”, and

(b)omit the words from “and subsections (6) and (7)” to the end.

85E+WIn section 47 (attendance notice: description of education or training)—

(a)in subsection (5)(b)(ii), for “learning difficulty” substitute “ special educational needs ”, and

(b)omit subsection (6).

86E+WIn section 78(1) (Part 2: supplementary), in the definition of “relevant young adult”—

(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.

87E+WIn section 132 (providers of independent education or training for 16 to 18 year olds)—

(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;”.                  

#### Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)E+W

88E+WThe Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

89E+WIn section 83 (power to secure provision of apprenticeship training)—

(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).

90E+WIn 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 ”.

91E+WIn 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 ”.

92E+WIn section 101 (financial resources: conditions), in subsection (5)(f)—

(a)after “specified in” insert “ an EHC plan or ”, and

(b)omit “139A or”.

93E+WIn section 115 (persons with learning difficulties)—

(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 ”.

94E+WIn section 129 (general duties of Ofqual)—

(a)in subsection (2)(b) and (c), for “learning difficulties” substitute “ special educational needs ”, and

(b)omit subsections (9) and (10).

#### Academies Act 2010 (c. 32)E+W

95E+WIn section 1 of the Academies Act 2010 (Academy arrangements), omit subsections (7) and (8).

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

96E+WIn paragraph 2 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services: special                        educational needs)—

(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 ”.

 Section 84

## SCHEDULE 4E+WChildminder agencies: amendments

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

 Section 115

## SCHEDULE 5E+WChildren's Commissioner: minor and consequential amendments

### InquiriesE+W

1(1)Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is amended as follows.E+W

(2)Omit subsection (3) (requirement to consult the Secretary of State before holding an inquiry).

(3)In subsection (7) for “under any enactment” substitute “ of a public nature ”.

2(1)Section 4 of the Children Act 2004 (inquiries held on the direction of the Secretary of State) is repealed.E+W

(2)In consequence of sub-paragraph (1), omit the following provisions of the Children Act 2004—

(a)section 5(6) and (7) (inquiries in Wales),

(b)section 6(7) to (9) (inquiries in Scotland), and

(c)section 7(7) to (9) (inquiries in Northern Ireland).

### Functions of Commissioner: children in Wales, Scotland and Northern IrelandE+W

3(1)Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is amended as follows.E+W

(2)In subsection (1), for “promoting awareness of the views and interests of children in Wales” substitute “ promoting and protecting the rights of children in Wales ”.

(3)After subsection (1) insert—

“(1A)The function under subsection (1) includes promoting awareness of the views and interests of children in Wales.”                  

(4)For subsection (2) substitute—

“(2)Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function                           under subsection (1) as in relation to the Commissioner's primary function.                  

(2A)For the purposes of subsection (2)—                  

(a)section 2(3)(i) has effect as if for “in England” there were substituted “ in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under                              section 72B, 73 or 74 of the Care Standards Act 2000, ”,                  

(b)sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving                           social care) and other groups of children” there were substituted “ groups of children ”,                  

(c)section 2E(1) has effect as if “and the function under section 2D” were omitted, and                  

(d)section 2F(1) has effect as if “or the function under section 2D” were omitted.”                  

4(1)Section 6 of the Children Act 2004 (functions of Commissioner in Scotland) is amended as follows.E+W

(2)In subsection (1), for “promoting awareness of the views and interests of children in Scotland in relation to reserved matters”                        substitute “ promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters                           ”.

(3)After subsection (1) insert—

“(1A)The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland.”                  

(4)For subsection (2) substitute—

“(2)Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function                           under subsection (1) as in relation to the Commissioner's primary function.                  

(2A)For the purposes of subsection (2)—                  

(a)section 2(3)(i) has effect as if for “in England” there were substituted “ in Scotland, in relation to reserved matters, ”,                  

(b)sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving                           social care) and other groups of children” there were substituted “ groups of children ”,                  

(c)section 2E(1) has effect as if “and the function under section 2D” were omitted, and                  

(d)section 2F(1) has effect as if “or the function under section 2D” were omitted.”                  

5(1)Section 7 of the Children Act 2004 (functions of Commissioner in Northern Ireland) is amended as follows.E+W

(2)In subsection (1), for “promoting awareness of the views and interests of children in Northern Ireland in relation to excepted                        matters” substitute “ promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted                           matters ”.

(3)After subsection (1) insert—

“(1A)The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland.”                  

(4)For subsection (2) substitute—

“(2)Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function                           under subsection (1) as in relation to the Commissioner's primary function.                  

(2A)For the purposes of subsection (2)—                  

(a)section 2(3)(i) has effect as if for “in England” there were substituted “ in Northern Ireland, in relation to excepted matters, ”,                  

(b)sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving                           social care) and other groups of children” there were substituted “ groups of children ”,                  

(c)section 2E(1) has effect as if “and the function under section 2D” were omitted, and                  

(d)section 2F(1) has effect as if “or the function under section 2D” were omitted.”                  

### Young personsE+W

6(1)For section 9 of the Children Act 2004 (care leavers and young persons with learning disabilities) substitute—E+W

#### “9Commissioner's functions in relation to certain young people

(2)Until the coming into force of Part 3 of this Act, section 9 of the Children Act 2004 (as substituted by sub-paragraph (1))                        has effect as if—

(a)in subsection (2) for paragraph (a) there were substituted—

“(a)a person aged 18 or over and under 25 in respect of whom an assessment under section 139A of the Learning and Skills Act 2000                           (a learning difficulty assessment) has been conducted,”, and                  

(b)in subsection (4) the definition of “EHC plan” were omitted.

### Appointment and tenure of Children's CommissionerE+W

7E+WIn Schedule 1 to the Children Act 2004, in paragraph 3 (appointment and tenure of office)—

(a)in sub-paragraph (2) for “, to such extent and in such manner as he thinks fit,” substitute “ take reasonable steps to ”,

(b)in sub-paragraph (4) for “five years” substitute “ six years ”, and

(c)in sub-paragraph (5) for “is eligible for reappointment once only” substitute “ is not eligible for reappointment ”.

8E+WIn Schedule 1 to the Children Act 2004, after paragraph 3 insert—

#### “Interim appointmentsE+W

3A(1)Where there is a vacancy in the office of Children's Commissioner, the Secretary of State may appoint a person as interim                           Children's Commissioner.                  

(2)Subject to the provisions of this paragraph, a person holds and vacates office as interim Children's Commissioner in accordance                           with the terms and conditions of the appointment as determined by the Secretary of State.                  

(3)An appointment as interim Children's Commissioner is for a term ending—                  

(a)with the appointment of a person as the Children's Commissioner under paragraph 3, or                  

(b)if sooner, at the end of the period of six months beginning with the date on which the appointment as interim Children's Commissioner                           was made.                  

(4)A person who has held office as interim Children's Commissioner—                  

(a)is eligible for reappointment, and                  

(b)is eligible for appointment as the Children's Commissioner.                  

(5)An interim Children's Commissioner may at any time resign by notice in writing to the Secretary of State.                  

(6)The Secretary of State may remove an interim Children's Commissioner from office if satisfied that the interim Commissioner                           has—                  

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

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

### Deputy Children's CommissionerE+W

9(1)In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—E+W

(a)in sub-paragraph (1) omit “, one of whom shall be appointed as deputy Children's Commissioner”,

(b)omit sub-paragraph (2), and

(c)in sub-paragraph (3) omit “Without prejudice to sub-paragraph (2),”.

(2)In consequence of sub-paragraph (1), in section 36(6) of the Criminal Justice and Court Services Act 2000 (meaning of “regulated                        position”), in paragraph (fa) omit “and deputy Children's Commissioner”.

 Section 116

## SCHEDULE 6E+WRepeal of requirement to appoint Children's Rights Director: transfer schemes

### Staff transfer schemesE+W

1(1)The Secretary of State may make a scheme (a “staff transfer scheme”) providing for designated members of staff of the Office                        for Standards in Education, Children's Services and Skills (“the Office”) to become members of the Children's Commissioner's                        staff.E+W

(2)A staff transfer scheme may provide—

(a)for the terms and conditions of service of a member of staff of the Office to have effect (subject to any necessary modifications)                        as the terms and conditions of service as a member of the Children's Commissioner's staff;

(b)for the transfer to the Children's Commissioner of the rights, powers, duties and liabilities of the Office under or in connection                        with the contract of employment of the member of staff;

(c)for anything done (or having effect as if done) before that transfer by or in relation to the Office in respect of such a                        contract or the member of staff to be treated as having been done by or in relation to the Children's Commissioner.

(3)A staff transfer scheme may provide for a period before a person became a member of the Children's Commissioner's staff to                        count as a period during which he or she was a member of the Commissioner's staff (and for the operation of the scheme not                        to be treated as having interrupted the continuity of that period).

(4)A staff transfer scheme may provide for a person who would be treated (by an Act or otherwise) as being dismissed by the operation                        of the scheme not to be so treated.

(5)A staff transfer scheme may provide for a person who is a member of staff of the Office not to become a member of the Children's                        Commissioner's staff if the person gives notice objecting to the operation of the scheme in relation to him or her.

### Property transfer schemesE+W

2(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to the Children's Commissioner                        of designated property, rights or liabilities of the Office.E+W

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to the Office in connection with any property, rights or liabilities transferred                        by the scheme to be treated as done, or to be continued, by or in relation to the Children's Commissioner;

(c)apportion property, rights and liabilities;

(d)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

### The Chief InspectorE+W

3E+WIn the following provisions of this Schedule, a reference to the Office includes a reference to the Chief Inspector—

(a)paragraph 1(2)(b) (to the extent that the Chief Inspector has rights, powers, duties or liabilities under or in connection                        with the contract of employment of a member of staff of the Office);

(b)paragraph 1(2)(c) (to the extent that anything has been done (or has effect as if done) by or in relation to the Chief Inspector                        in respect of such a contract or member of staff before a transfer);

(c)paragraph 2(1) (to the extent that the Chief Inspector has property, rights or liabilities);

(d)paragraph 2(2)(b) (to the extent that anything has been done by or in relation to the Chief Inspector in respect of any property,                        rights or liabilities transferred by a property transfer scheme).

### ContinuityE+W

4E+WA transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done                        by or in relation to the Office or the Chief Inspector before the transfer takes effect.

### Supplementary provisionsE+W

5E+WA staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential                        provision.

### InterpretationE+W

6E+WIn this Schedule—
          -  “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;                         
          -  “designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with,                           the scheme;                         
          -  “the Office” has the meaning given in paragraph 1(1).                         

 Section 126

## SCHEDULE 7E+WStatutory rights to leave and pay: further amendments

### Social Security Act 1989 (c. 24)E+W

1E+WSchedule 5 to the Social Security Act 1989 (employment-related schemes for pensions or other benefits to comply with the principle                        of equal treatment for men and women) is amended as follows.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

3(1)Paragraph 5B (schemes that contain unfair adoption leave provisions) is amended as follows.E+W

(2)In sub-paragraph (4) (definitions), in the definition of “period of paid adoption leave”, in paragraph (a), for “or (6)” there                        is substituted “ , (6), (7) or (8) ”.

(3)After sub-paragraph (6) there is inserted—

“(7)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children                           Act 1989, and                  

(b)in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions                           and Benefits Act 1992, as modified by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority                           in England with a local authority foster parent who has been approved as a prospective adopter).                  

(8)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the birth or expected birth of a child, and                  

(b)in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions                           and Benefits Act 1992, as applied by virtue of section 171ZT(2) of that Act (cases involving applicants for parental orders                           under section 54 of the Human Fertilisation and Embryology Act 2008).”                  

4E+WAfter paragraph 5B there is inserted—

#### “Unfair shared parental leave provisionsE+W

5C(1)Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences                           on the basis of sex in the treatment accorded to members under those provisions), then—                  

(a)the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and                  

(b)subject to sub-paragraph (3), this Schedule shall apply accordingly.                  

(2)In this paragraph “unfair shared parental leave provisions”, in relation to an employment-related benefit scheme, means any provision—                  

(a)which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid shared parental                           leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner                           and which treats such a member otherwise than in accordance with the normal employment requirement; or                  

(b)which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that                           it falls to be determined by reference to earnings during a period which included a period of paid shared parental leave,                           to be determined otherwise than in accordance with the normal employment requirement.                  

(3)In the case of any unfair shared parental leave provision—                  

(a)the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member                           in accordance with the normal employment requirement; and                  

(b)paragraph 3(2) does not authorise the making of any such election as is there mentioned;                  

but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount                        of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period.                  

(4)In this paragraph—                  
          -  “the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if                              it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for                              doing so;                         
          -  “period of paid adoption leave” has the same meaning as in paragraph 5B;                         
          -  “period of paid paternity leave” has the same meaning as in paragraph 5A;                         
          -  “period of paid shared parental leave”, in the case of a member, means a period—                          (a)
throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) applies,                                       and                                 
(b)
for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any                                       contractual remuneration or statutory shared parental pay.                                 
 

(5)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the birth of a child,                  

(b)the member is the mother of the child, and                  

(c)the absence from work is not absence on maternity leave (within the meaning of the Equality Act 2010).                  

(6)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the birth of a child,                  

(b)the member is a person who satisfies the conditions prescribed under section 171ZU(4)(b)(i) or (ii) of the Social Security                           Contributions and Benefits Act 1992 in relation to the child, and                  

(c)the member's absence from work is not absence during a period of paid paternity leave.                  

(7)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the placement of a child for adoption under the law of any part of the United Kingdom,                  

(b)the member is—                  

(i)a person with whom a child is placed for adoption under the law of any part of the United Kingdom, or                  

(ii)a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions                           and Benefits Act 1992 in relation to the child, and                  

(c)the member's absence from work is not absence during—                  

(i)a period of paid paternity leave, or                  

(ii)a period of paid adoption leave.                  

(8)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the placement of a child under section 22C of the Children Act 1989 by a local authority                           in England with a local authority foster parent who has been approved as a prospective adopter,                  

(b)the member is—                  

(i)the local authority foster parent with whom the child in question is placed under section 22C of the Children Act 1989, or                  

(ii)a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions                           and Benefits Act 1992, as modified by section 171ZV(18) of that Act (cases involving the placing of a child by a local authority                           in England with a local authority foster parent who has been approved as a prospective adopter), in relation to the child,                           and                  

(c)the member's absence from work is not absence during—                  

(i)a period of paid paternity leave, or                  

(ii)a period of paid adoption leave.                  

(9)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in                           connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of                           any part of the United Kingdom,                  

(b)the member is—                  

(i)the person who has adopted or expects to adopt the child in question, or                  

(ii)a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions                           and Benefits Act 1992, as applied by virtue of section 171ZZ5(1) of that Act (adoption cases not involving placement under                           the law of the United Kingdom), in relation to the child, and                  

(c)the member's absence from work is not absence during—                  

(i)a period of paid paternity leave, or                  

(ii)a period of paid adoption leave.                  

(10)This sub-paragraph applies if—                  

(a)the member's absence from work is due to the birth of a child,                  

(b)the member is a person who has applied, or intends to apply, for a parental order under section 54 of the Human Fertilisation                           and Embryology Act 2008 in relation to the child, and                  

(c)the member's absence from work is not absence during—                  

(i)a period of paid paternity leave, or                  

(ii)a period of paid adoption leave.”                  

### Finance Act 1989 (c. 26)E+W

5(1)Section 182 of the Finance Act 1989 (offences relating to disclosure of information relating to social security functions                        etc) is amended as follows.E+W

(2)In subsection (1) (offence where official discloses information relating to an individual's tax affairs etc), in paragraph                        (c) (an individual's statutory pay)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

(3)In subsection (2A) (meaning of “social security functions”), in paragraph (a)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

(4)In subsection (4)(c) (offence where person discloses information relating to an individual's tax affairs etc), in sub-paragraph                        (iii) (an individual's statutory benefits and statutory pay)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

(5)In subsection (5)(b) (exception to offence: disclosure with consent)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

(6)In subsection (11A) (references to Great Britain statutory pay to include references to statutory pay under corresponding                        Northern Ireland legislation)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”;

(c)for “or Part 12ZB” there is substituted “ , Part 12ZB or Part 12ZC ”.

### Social Security Contributions and Benefits Act 1992 (c. 4)E+W

6E+WThe Social Security Contributions and Benefits Act 1992 is amended as follows.

7E+WIn section 1 (outline of contributory system), in subsection (5) (money provided by Parliament applied in relation to statutory                        pay)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”.

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10E+WIn the title of Part 12ZA, the words “Ordinary and additional” are repealed.

11E+WThe italic cross-heading preceding section 171ZA is repealed.

12(1)Section 171ZA (entitlement to ordinary statutory paternity pay: birth) is amended as follows.E+W

(2)In subsection (1), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”.

(3)In subsection (4), the word “ordinary” is repealed.

13(1)Section 171ZB (entitlement to ordinary statutory paternity pay: adoption) is amended as follows.E+W

(2)In subsection (1), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”.

(3)In subsection (4), the word “ordinary” is repealed.

(4)In subsection (6), the word “ordinary” is repealed.

14(1)Section 171ZC (entitlement to ordinary statutory paternity pay: general) is amended as follows.E+W

(2)In subsection (1), the word “ordinary”, in both places it occurs, is repealed.

(3)In subsection (2), the word “ordinary” is repealed.

15(1)Section 171ZD (liability to pay ordinary statutory paternity pay) is amended as follows.E+W

(2)In subsection (1), the word “ordinary” is repealed.

(3)In subsection (2)—

(a)the word “ordinary”, in both places it occurs, is repealed;

(b)the words “or additional statutory paternity pay (or both)” are repealed.

16(1)Section 171ZE (rate and period of pay) is amended as follows.E+W

(2)In subsection (1), the word “Ordinary” is repealed.

(3)In subsection (2)—

(a)in the words preceding paragraph (a), the word “Ordinary” is repealed;

(b)in paragraph (b), the word “ordinary” is repealed.

(4)In subsection (4), the word “Ordinary” is repealed.

(5)In subsection (5), the word “ordinary” is repealed.

(6)In subsection (7), the word “ordinary”, in both places it occurs, is repealed.

(7)In subsection (8), the word “ordinary” is repealed.

(8)In subsection (10A), the word “ordinary”, in both places it occurs, is repealed.

(9)In subsection (11), in the definition of “statutory pay week”, the word “ordinary”, in both places it occurs, is repealed.

17E+WThe italic cross-heading preceding section 171ZEA is repealed.

18E+WThe italic cross-heading preceding section 171ZF is repealed.

19E+WIn section 171ZF (restrictions on contracting out), in subsection (2) (agreements which are not void for contracting out),                        for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”.

20E+WIn section 171ZG (relationship with contractual remuneration), subsection (4) is repealed.

21(1)Section 171ZJ (provision supplementary to Part 12ZA) is amended as follows.E+W

(2)In subsection (5) (meaning of “week”), for “sections 171ZE and 171ZEE” there is substituted “ section 171ZE ”.

(3)In subsection (10)(f) (regulations relating to NHS contracts treated as a single contract: provision for identifying the employer                        under the single contract), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted                        “ statutory paternity pay ”.

22E+WIn section 176 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph                        (a), the words “171ZEA to 171ZEE;” are repealed.

### Social Security Administration Act 1992 (c. 5)E+W

23E+WThe Social Security Administration Act 1992 is amended as follows.

24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25E+WIn section 122AA (disclosure of contributions information etc by HMRC), in subsection (1) (disclosure to HSE etc or because of reciprocal agreements with other countries)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

26E+WIn section 150 (annual up-rating of benefits), in subsection (1) (sums to be reviewed), in paragraph (j), for “171ZEE(1) or                        171ZN(1)” there is substituted “ 171ZN(2E)(b) or 171ZY(1) ”.

27E+WIn section 163 (general financial arrangements), in subsection (1) (payments to be made out of the National Insurance Fund),                        in paragraph (d) (sums falling to be paid etc by HMRC under regulations relating to forms of statutory pay)—

(a)for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b)before the words “, falls to be” there is inserted “or statutory shared parental pay”.

28(1)Section 165 (adjustments between the National Insurance Fund and the Consolidated Fund) is amended as follows.E+W

(2)In subsection (1) (payments from National Insurance Fund into Consolidated Fund), in paragraph (b) (payments by way of adjustment                        in consequence of the operation of legislation relating to forms of statutory pay)—

(a)in sub-paragraph (iii) (ordinary statutory paternity pay), the word “ordinary” is repealed;

(b)sub-paragraph (iv) (additional statutory paternity pay) and the “and” following it are repealed;

(c)in sub-paragraph (v), at the end there is inserted “; and 

(vi)statutory shared parental pay.”                  

(3)In subsection (5) (payments from National Insurance Fund into Consolidated Fund), in paragraph (a) (sums in respect of HMRC                        administrative expenses)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

### Employment Rights Act 1996 (c. 18)E+W

29E+WThe Employment Rights Act 1996 is amended as follows.

30E+WIn section 27 (meaning of “wages”), in subsection (1) (sums included)—

(a)in paragraph (ca), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b)after paragraph (cb) there is inserted—

“(cc)statutory shared parental pay under Part 12ZC of that Act,”.                  

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32E+WIn section 80A (entitlement to ordinary paternity leave: birth), in the title, the word “ordinary” is repealed.

33E+WIn section 80B (entitlement to ordinary paternity leave: adoption), in the title, the word “ordinary” is repealed.

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

35E+WIn section 80D (provision as to redundancy or dismissal), in subsection (1), for “, 80AA, 80B or 80BB” there is substituted                        “ or 80B ”.

36(1)Section 80E (supplemental to Chapter 3 of Part 8) is amended as follows.E+W

(2)In subsection (1) (provision that may be made by regulations), for “any of sections 80A to 80BB”, in each place it occurs,                        there is substituted “ section 80A or 80B ”.

(3)Subsection (2) (persons who may be subjected to duties in connection with employees exercising rights under section 80AA or                        80BB) is repealed.

37(1)Section 88 (liability of employer to pay employee during period of notice: employments with normal working hours) is amended                        as follows.E+W

(2)In subsection (1)(c) (liability to employee who is absent from work because of pregnancy etc)—

(a)after “adoption leave,” there is inserted “ shared parental leave, ”;

(b)for “ordinary or additional paternity leave” there is substituted “ paternity leave ”.

(3)In subsection (2) (certain payments during the period of notice treated as meeting employer's liability)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b)after “statutory adoption pay,” there is inserted “ shared parental pay, statutory shared parental pay, ”.

38(1)Section 89 (effect of notice of termination: employments without normal working hours) is amended as follows.E+W

(2)In subsection (3)(b) (effect of absence from work because of pregnancy etc during the period of notice)—

(a)after “adoption leave,” there is inserted “ shared parental leave, ”;

(b)for “ordinary or additional paternity leave” there is substituted “ paternity leave ”.

(3)In subsection (4) (certain payments during the period of notice treated as remuneration)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b)after “statutory adoption pay,” there is inserted “ shared parental pay, statutory shared parental pay, ”.

39E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40E+WIn section 106 (dismissal of employee engaged as replacement for person absent from work because of pregnancy etc), in subsection                        (2)(a), for “leave under section 80AA or 80BB (additional paternity leave)” there is substituted “ shared parental leave ”.

41E+WIn section 230 (meaning of “employee”, etc), after subsection (6) there is inserted—

“(7)This section has effect subject to section 75K(3) and (5).”                  

42E+WIn section 235 (other definitions), in subsection (1)—

(a)for the definition of “ordinary or additional paternity leave” there is substituted—

““paternity leave” means leave under section 80A or 80B,”;                  

(b)in the definition of “week”, in paragraph (b), after “in sections” there is inserted “ 75F, 75H, ”;

(c)at the appropriate place there is inserted—

““shared parental leave” means leave under section 75E or 75G,”.                  

43E+WIn section 236 (orders and regulations), in subsection (3) (affirmative procedure), the following are repealed—

(a)“80AA,”;

(b)“80BB,”.

### Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)E+W

44E+WThe Social Security Contributions (Transfer of Functions, etc.) Act 1999 is amended as follows.

45(1)Section 8 (decisions by officers of Revenue and Customs) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (f), for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)in paragraph (f), after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”;

(c)in paragraph (g), for “to 12ZB” there is substituted “ to 12ZC ”;

(d)in paragraph (g), for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;

(e)in paragraph (g), after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”;

(f)in paragraph (ga), for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(g)in paragraph (ga), after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

(3)In subsection (3)(b)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

46E+WIn section 11 (appeals against decisions of officers of Revenue and Customs), in subsection (2)(a)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### Finance Act 1999 (c. 16)E+W

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### Finance Act 2000 (c. 17)E+W

49E+WIn Schedule 15 to the Finance Act 2000 (the corporate venturing scheme), in paragraph 22A (qualifying issuing company: full-time                        equivalent employee number to be less than 50), in sub-paragraph (4) (who is an employee), in paragraph (b)(i) (exception                        relating to certain leave), for “or paternity” there is substituted “ , paternity or shared parental ”.

### Employment Act 2002 (c. 22)E+W

50E+WThe Employment Act 2002 is amended as follows.

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

54E+WIn section 11 (penalties for failure to comply), in subsection (6) (failures to make payments)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

55(1)Section 12 (penalties for fraud or negligence) is amended as follows.E+W

(2)In subsection (1) (incorrect statement or declaration: ordinary statutory paternity pay)—

(a)in paragraph (a), the word “ordinary” is repealed;

(b)in paragraph (b), the word “ordinary” is repealed.

(3)In subsection (2) (incorrect statement or declaration: statutory adoption pay or additional statutory paternity pay)—

(a)in paragraph (a), for “additional statutory paternity pay” there is substituted “ statutory shared parental pay ”;

(b)in paragraph (b), for “additional statutory paternity pay” there is substituted “ statutory shared parental pay ”.

(4)In subsection (3) (incorrect payment: ordinary statutory paternity pay), the word “ordinary” is repealed.

(5)In subsection (4) (incorrect payment: statutory adoption pay or additional statutory paternity pay), for “additional statutory                        paternity pay” there is substituted “ statutory shared parental pay ”.

(6)In subsection (5) (fraudulently or negligently providing incorrect information or receiving incorrect payments), the word                        “ordinary” is repealed.

56E+WIn section 13 (supply of information held by Her Majesty's Revenue and Customs), in subsection (1)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

57(1)Section 14 (supply of information held by the Secretary of State) is amended as follows.E+W

(2)In subsection (1)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

(3)In subsection (2)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

58E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59E+WIn section 55 (short title etc), in subsection (8) (references to Great Britain statutory pay to include statutory pay under                        corresponding Northern Ireland legislation)—

(a)for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;

(b)after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”;

(c)for “or Part 12ZB” there is substituted “ , Part 12ZB or Part 12ZC ”.

### Proceeds of Crime Act 2002 (c. 29)E+W

60(1)Section 323 of the Proceeds of Crime Act 2002 (Revenue functions) is amended as follows.E+W

(2)In subsection (1) (general Revenue functions)—

(a)in paragraph (g) (ordinary statutory paternity pay), the word “ordinary” is repealed;

(b)paragraph (ga) (additional statutory paternity pay) is repealed;

(c)after paragraph (h) there is inserted—

“(ha)statutory shared parental pay;”.                  

(3)In subsection (4) (interpretation: Great Britain)—

(a)in paragraph (d), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”;

(b)paragraph (da) (meaning of “additional statutory paternity pay”) is repealed;

(c)after paragraph (e) there is inserted—

“(ea)statutory shared parental pay” must be construed in accordance with sections 171ZU and 171ZV of that Act;”.                  

(4)In subsection (5) (interpretation: Northern Ireland)—

(a)in paragraph (d) (construction of “ordinary statutory paternity pay” and “additional statutory paternity pay”), for “ “ordinary                        statutory paternity pay” and “additional statutory paternity pay”” there is substituted “ “statutory paternity pay””;

(b)after paragraph (e) there is inserted—

“(ea)statutory shared parental pay” must be construed in accordance with any Northern Ireland legislation which corresponds to                           Part 12ZC of that Act;”.                  

### Income Tax (Earnings and Pensions) Act 2003 (c. 1)E+W

61E+WThe Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

62(1)Section 660 (taxable benefits: UK benefits - Table A) is amended as follows.E+W

(2)In subsection (1), in Table A, the entry relating to additional statutory paternity pay is repealed.

(3)In subsection (1), in Table A, in the entry relating to ordinary statutory paternity pay, in the left hand column, for “Ordinary                        statutory” there is substituted “ Statutory ”.

(4)In subsection (1), in Table A, after the entry relating to statutory maternity pay there is inserted—

(5)In subsection (2)—

(a)the entry relating to additional statutory paternity pay is repealed;

(b)in the entry relating to ordinary statutory paternity pay, the word “ordinary” is repealed;

(c)after the entry relating to statutory maternity pay there is inserted— “ statutory shared parental pay; ”.

63(1)Schedule 5 (enterprise management incentives) is amended as follows.E+W

(2)In paragraph 12A (the number of employees requirement), in sub-paragraph (4) (who is an employee), in paragraph (b)(i) (exception                        relating to certain leave), for “or paternity” there is substituted “ , paternity or shared parental ”.

(3)In paragraph 26 (eligible employees: requirement as to commitment of working time), in sub-paragraph (3) (what is committed                        time), after “paternity leave” there is inserted “ , shared parental leave ”.

### Commissioners for Revenue and Customs Act 2005 (c. 11)E+W

64(1)Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (former Inland Revenue matters where functions vest in officers                        of Revenue and Customs) is amended as follows.E+W

(2)In paragraph 26 (ordinary statutory paternity pay), for “Ordinary statutory” there is substituted “ Statutory ”.

(3)Paragraph 26A (additional statutory paternity pay) is repealed.

(4)After paragraph 26A there is inserted—

“26BStatutory shared parental pay.”

### Work and Families Act 2006 (c. 18)E+W

65E+WThe Work and Families Act 2006 is amended as follows.

66E+WSections 3 to 10 (additional paternity leave and additional statutory paternity pay) are repealed.

67E+WSection 11(2) (treatment of references to statutory paternity pay) is repealed.

68E+WIn Schedule 1 (leave and pay related to birth or adoption: further amendments), paragraphs 1(4), 11, 17, 19, 22, 38(3), 49                        and 57(b) are repealed.

### Income Tax Act 2007 (c. 3)E+W

69E+WThe Income Tax Act 2007 is amended as follows.

70E+WIn section 186A (enterprise investment schemes: the number of employees requirement for an issuing company), in subsection                        (4) (who is an employee), in paragraph (b)(i) (exception relating to certain leave), for “or paternity” there is substituted                        “ , paternity or shared parental ”.

71E+WIn section 257DJ (seed enterprise investment schemes: the number of employees requirement for an issuing company), in subsection                        (4) (who is an employee), in paragraph (b)(i), for “or paternity” there is substituted “ , paternity or shared parental ”.

72E+WIn section 297A (venture capital trusts: the number of employees requirement for a qualifying holding), in subsection (4)                        (who is an employee), in paragraph (b)(i), for “or paternity” there is substituted “ , paternity or shared parental ”.

### Welfare Reform Act 2007 (c. 5)E+W

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### Pensions Act 2008 (c. 30)E+W

74E+WIn section 13 of the Pensions Act 2008 (qualifying earnings), in subsection (3) (meaning of “earnings”)—

(a)in paragraph (d), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;

(b)after paragraph (e) there is inserted—

“(ea)statutory shared parental pay under Part 12ZC of that Act;”.                  

### Welfare Reform Act 2012 (c. 5)E+W

75E+WIn the Welfare Reform Act 2012, in section 63 (entitlement to be in employment as condition for receiving maternity allowance                        or statutory pay), subsections (6) and (7) are repealed.