Children Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 6 — General
29

(3)
In section 11(4) (maximum period permitted for child safety orders), for the
words from “three months” to the end substitute “twelve months”.
(4)
In section 12, omit subsections (6)(a) and (7) (power to make care order on
breach of child safety order).
Part 6
5
General
49
Interpretation
(1)
In this Act—

“the Assembly” means the National Assembly for Wales;

“child” means a person under the age of eighteen (and “children” is to be
10
construed accordingly);

“children’s services authority in England” means—
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
15
no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;

“children’s services authority in Wales” means a county council or county
20
borough council in Wales.
(2)
This Act applies in relation to the Isles of Scilly subject to such modifications as
may be specified by order made by the Secretary of State.
(3)
In this Act—
(a)
references to a prison include a young offender institution;
25
(b)
references to a contracted out secure training centre, and to the
contractor in relation to such a secure training centre, have the
meanings given by section 15 of the Criminal Justice and Public Order
Act 1994 (c. 33);
(c)
references to a contracted out prison, and to the contractor in relation to
30
such a prison, have the meanings given by section 84(4) of the Criminal
Justice Act 1991 (c. 53).
(4)
Where—
(a)
a contract under section 7 of the Criminal Justice and Public Order Act
1994 is for the time being in force in relation to part of a secure training
35
centre, or
(b)
a contract under section 84 of the Criminal Justice Act 1991 is for the
time being in force in relation to part of a prison,

this Act has effect as if each part of the secure training centre or prison were a
separate institution.
40
50
Regulations and orders
(1)
Any power to make regulations or an order under this Act includes power—
(a)
to make different provision for different purposes;

Children Bill [HL]
Part 6 — General
30

(b)
to make different provision for different cases or areas;
(c)
to make incidental, supplementary, consequential or transitional
provision or savings.
(2)
Any power to make regulations or an order under this Act, other than an order
under section 34 or 35, is exercisable by statutory instrument.
5
(3)
The Secretary of State may not make a statutory instrument containing
regulations under section 8 or 37 unless a draft of the instrument has been laid
before, and approved by resolution of, each House of Parliament.
(4)
A statutory instrument containing—
(a)
any regulations made by the Secretary of State under this Act to which
10
subsection (3) does not apply, or
(b)
an order made by the Secretary of State under section 49(2),

is subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
Subsection (4) does not apply to regulations made by the Secretary of State
15
jointly with the Assembly under section 35(7).
51
Commencement
(1)
Part 1 comes into force on the day on which this Act is passed.
(2)
Part 2 comes into force in accordance with provision made by order by the
Secretary of State.
20
(3)
Part 3 comes into force in accordance with provision made by order by the
Assembly.
(4)
Part 4 comes into force in accordance with provision made by order by the
Assembly with the consent of the Secretary of State.
(5)
In Part 5—
25
(a)
section 36 so far as relating to England comes into force in accordance
with provision made by order by the Secretary of State, and so far as
relating to Wales in accordance with provision made by order by the
Assembly;
(b)
sections 37 to 39 come into force at the end of the period of two months
30
beginning with the day on which this Act is passed;
(c)
sections 40 to 46 so far as relating to England come into force in
accordance with provision made by order by the Secretary of State, and
so far as relating to Wales in accordance with provision made by order
by the Assembly;
35
(d)
section 47 comes into force on the day on which this Act is passed;
(e)
section 48 comes into force in accordance with provision made by order
by the Secretary of State.
(6)
This Part comes into force on the day on which this Act is passed.
52
Extent
40
(1)
Part 1 extends to the whole of the United Kingdom (unless otherwise
specifically provided).
(2)
Parts 2 to 5 extend to England and Wales only.

Children Bill [HL]
Part 6 — General
31

(3)
This Part extends to the whole of the United Kingdom.
53
Short title
This Act may be cited as the Children Act 2004.

32
Children Bill [HL]
Schedule 1 — Children’s Commissioner

Schedules
Schedule 1
Section 1

Children’s Commissioner
Status
1     (1)
The Children’s Commissioner is to be a corporation sole.
5
      (2)
The Children’s Commissioner is not to be regarded as the servant or agent
of the Crown or as enjoying any status, immunity or privilege of the Crown;
and his property is not to be regarded as property of, or property held on
behalf of, the Crown.
General powers
10
2     (1)
The Children’s Commissioner may do anything which appears to him to be
necessary or expedient for the purpose of, or in connection with, the exercise
of his functions.
      (2)
In particular he may—
(a)
co-operate with other public authorities in the United Kingdom;
15
(b)
enter into contracts; and
(c)
acquire, hold and dispose of any property.
Appointment and tenure of office
3     (1)
The Children’s Commissioner is to be appointed by the Secretary of State.
      (2)
Subject to the provisions of this paragraph, a person shall hold and vacate
20
office as the Children’s Commissioner in accordance with the terms and
conditions of his appointment as determined by the Secretary of State.
      (3)
An appointment as the Children’s Commissioner shall be for a term not
exceeding five years.
      (4)
A person who has held office as the Children’s Commissioner is eligible for
25
reappointment once only.
      (5)
The Children’s Commissioner may at any time resign by notice in writing to
the Secretary of State.
      (6)
The Secretary of State may remove the Children’s Commissioner from office
if he is satisfied that he has—
30
(a)
become unfit or unable properly to discharge his functions; or
(b)
behaved in a way that is not compatible with his continuing in office.
Remuneration
4
The Secretary of State must—

Children Bill [HL]
Schedule 1 — Children’s Commissioner
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(a)
pay the Children’s Commissioner such remuneration and
allowances, and
(b)
pay or make provision for the payment of such pension or gratuities
to or in respect of him,

as may be provided under the terms of his appointment.
5
Staff
5     (1)
The Children’s Commissioner may appoint any staff he considers necessary
for assisting him in the exercise of his functions, one of whom shall be
appointed as deputy Children’s Commissioner.
      (2)
During any vacancy in the office of Children’s Commissioner or at any time
10
when the Children’s Commissioner is for any reason unable to act, the
deputy Children’s Commissioner shall exercise his functions (and any
property or rights vested in the Children’s Commissioner may accordingly
be dealt with by the deputy Children’s Commissioner as if vested in him).
      (3)
Without prejudice to sub-paragraph (2), any member of the Children’s
15
Commissioner’s staff may, so far as authorised by him, exercise any of his
functions.
Pensions
6     (1)
In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment
etc to which section 1 of that Act applies)—
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(a)
in the list of “Other Bodies”, at the end insert “Employment by the
Children’s Commissioner”;
(b)
in the list of “Offices”, at the appropriate place insert “Children’s
Commissioner”.
      (2)
The Secretary of State must pay to the Minister for the Civil Service, at such
25
times as the Minister may direct, such sums as he may determine in respect
of any increase attributable to sub-paragraph (1) in the sums payable out of
money provided by Parliament under the Superannuation Act 1972.
Funding
7
The Secretary of State may make payments to the Children’s Commissioner
30
of such amounts, at such times and on such conditions (if any) as the
Secretary of State considers appropriate.
Accounts
8     (1)
The Children’s Commissioner must—
(a)
keep proper accounting records;
35
(b)
prepare a statement of accounts for each financial year; and
(c)
send a copy of each such statement of accounts to the Secretary of
State and the Comptroller and Auditor General as soon as possible
after the end of the financial year to which the statement relates.
      (2)
The Comptroller and Auditor General must examine, certify and report on
40
each statement of accounts sent to him under sub-paragraph (1)(c) and must
lay copies of the statement and of his report before Parliament.
      (3)
In this paragraph, “financial year” means—

Children Bill [HL]
Schedule 2 — Director of children’s services: consequential amendments
34

(a)
the period beginning with the date on which the first Children’s
Commissioner is appointed and ending with 31st March next
following that date; and
(b)
each successive period of twelve months ending with 31st March.
Evidence
5
9     (1)
A document purporting to be duly executed under the seal of the Children’s
Commissioner or to be signed by him or on his behalf is to be received in
evidence and, unless the contrary is proved, taken to be so executed or
signed.
      (2)
This paragraph does not extend to Scotland.
10
Regulated position
10
In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6)
(meaning of “regulated position”), after paragraph (f) insert—
“(fa)
Children’s Commissioner and deputy Children’s
Commissioner appointed under Part 1 of the Children Act
15
2004,”.
Disqualifications
11
In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of
Schedule 1 (certain disqualifying offices), at the appropriate places insert the
following entries—
20

“Children’s Commissioner”;

“Member of staff of the Children’s Commissioner”.
12
In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3
of Schedule 1 (certain disqualifying offices), at the appropriate places insert
the following entries—
25

“Children’s Commissioner”;

“Member of staff of the Children’s Commissioner”.
Schedule 2
Section 13

Director of children’s services: consequential amendments
Children and Young Persons Act 1933 (c. 12)
30
1
In section 96 of the Children and Young Persons Act 1933 (provisions as to
local authorities), in subsection (8), for “or the chief education officer of the
authority” substitute “of the authority, the director of children’s services (in
the case of an authority in England) or the chief education officer (in the case
of an authority in Wales)”.
35
Local Authority Social Services Act 1970 (c. 42)
2     (1)
The Local Authority Social Services Act 1970 is amended as follows.
      (2)
In section 6 (director of social services)—

Children Bill [HL]
Schedule 2 — Director of children’s services: consequential amendments
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(a)
before subsection (1) insert—
“(A1)
A local authority in England shall appoint an officer, to be
known as the director of adult social services, for the
purposes of their social services functions, other than those
for which the authority’s director of children’s services is
5
responsible under section 13 of the Children Act 2004.”;
(b)
in subsection (1), after “local authority” insert “in Wales”;
(c)
in subsection (2), after “director of”, in both places, insert “adult
social services or (as the case may be)”;
(d)
in subsection (6), for “a director of social services” substitute “a
10
person under this section”.
      (3)
In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words
“Appointment of” insert “director of adult social services or”.
Local Government and Housing Act 1989 (c. 42)
3
In section 2 of the Local Government and Housing Act 1989 (politically
15
restricted posts), in subsection (6)—
(a)
after “means—” insert—
“(za)
the director of children’s services appointed under
section 13 of the Children Act 2004 and the director of
adult social services appointed under section 6(A1) of
20
the Local Authority Social Services Act 1970 (in the
case of a local authority in England);”;
(b)
in paragraph (a), at the end insert “(in the case of a local authority in
Wales)”;
(c)
in paragraph (c) after “director of social services” insert “(in the case
25
of a local authority in Wales)”.
Education Act 1996 (c. 56)
4     (1)
The Education Act 1996 is amended as follows.
      (2)
In section 532 (appointment of chief education officer), for “A local
authority’s duties” substitute “The duties of a local education authority in
30
Wales”.
      (3)
In section 566 (evidence: documents), in subsection (1)(a), for “chief
education officer of that authority” substitute “director of children’s services
(in the case of an authority in England) or the chief education officer (in the
case of an authority in Wales)”.
35
Crime and Disorder Act 1998 (c. 37)
5     (1)
The Crime and Disorder Act 1998 is amended as follows.
      (2)
In section 8 (responsible officers in relation to parenting orders), in
subsection (8)(bb), after “nominated by” insert “a person appointed as
director of children’s services under section 13 of the Children Act 2004 or
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by”.
      (3)
In section 39 (youth offending teams), in subsection (5)—
(a)
after paragraph (a) insert—
“(aa)
where the local authority is in England, a person with
experience of social work in relation to children
45