Children Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Schedule 3 — Advisory and support services for family proceedings
36

nominated by the director of children’s services
appointed by the local authority under section 13 of
the Children Act 2004;”;
(b)
in paragraph (b) for “a social worker of a” substitute “where the local
authority is in Wales, a social worker of the”;
5
(c)
after paragraph (d) insert—
“(da)
where the local authority is in England, a person with
experience in education nominated by the director of
children’s services appointed by the local authority
under section 13 of the Children Act 2004;”;
10
(d)
in paragraph (e) insert at the beginning “where the local authority is
in Wales,”.
Protection of Children Act 1999 (c. 14)
6
In section 4C of the Protection of Children Act 1999 (restoration to the list) in
subsection (1), for “director of social services of a local authority” substitute
15
“director of children’s services of a local authority in England or a director
of social services of a local authority in Wales”.
Criminal Justice and Court Services Act 2000 (c. 43)
7     (1)
The Criminal Justice and Court Services Act 2000 is amended as follows.
      (2)
In section 34 (restoration of disqualification order), in subsection (1), for “a
20
director of social services of a local authority” substitute “a director of
children’s services of a local authority in England or a director of social
services of a local authority in Wales”.
      (3)
In section 36 (meaning of “regulated position”), in subsection (6)—
(a)
after paragraph (b) insert—
25
“(ba)
director of children’s services and director of adult
social services of a local authority in England,”;
(b)
in paragraph (c) at the end insert “in Wales”;
(c)
in paragraph (d) at the end insert “in Wales”.
Criminal Justice Act 2003 (c. 44)
30
8
In section 322 of the Criminal Justice Act 2003 (individual support orders),
in the new section 1AA to be inserted in the Crime and Disorder Act 1998
(c. 37), in subsection (10)(b), after “nominated by” insert “a person appointed
as director of children’s services under section 13 of the Children Act 2004
or by”.
35
Schedule 3
Section 33

Advisory and support services for family proceedings
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
1
In section 26 of the Domestic Proceedings and Magistrates’ Courts Act 1978
(reconciliation), in subsection (2), after “Criminal Justice and Court Services
40

Children Bill [HL]
Schedule 3 — Advisory and support services for family proceedings
37

Act 2000)” insert “, a Welsh family proceedings officer (within the meaning
given by section 28 of the Children Act 2004)”.
Child Abduction and Custody Act 1985 (c. 60)
2
The Child Abduction and Custody Act 1985 is amended as follows.
3
In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “or
5
a Welsh family proceedings officer”.
4
In section 27 (interpretation), after subsection (5) insert—
“(5A)
In this Act “Welsh family proceedings officer” has the meaning given
by section 28 of the Children Act 2004”.
Children Act 1989 (c. 41)
10
5
The Children Act 1989 is amended as follows.
6
In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an
officer of the Service” insert “or a Welsh family proceedings officer”.
7
In section 16 (family assistance orders), in subsection (1), after “an officer of
the Service” insert “or a Welsh family proceedings officer”.
15
8     (1)
Section 26 (review of cases etc) is amended as follows.
      (2)
In subsection (2A)(c) after “Service” insert “or a Welsh family proceedings
officer”.
      (3)
After subsection (2C) insert—
“(2D)
The power to make regulations in subsection (2C) is exercisable in
20
relation to functions of Welsh family proceedings officers only with
the consent of the National Assembly for Wales.”
9     (1)
Section 41 (representation of child) is amended as follows.
      (2)
In subsection (1), after “an officer of the Service” insert “or a Welsh family
proceedings officer”.
25
      (3)
In subsections (2) and (4)(a), after “officer of the Service” insert “or Welsh
family proceedings officer”.
      (4)
In subsection (10)—
(a)
in paragraphs (a) and (b), after “officer of the Service” insert “or
Welsh family proceedings officer”;
30
(b)
in paragraph (c), after “officers of the Service” insert “or Welsh
family proceedings officers”.
      (5)
In subsection (11), after “an officer of the Service” insert “or a Welsh family
proceedings officer”.
10
In section 42 (rights of officers of the Service), in subsections (1) and (2), after
35
“an officer of the Service” insert “or Welsh family proceedings officer”.
11
In section 105(1) (interpretation), at the end insert—

““Welsh family proceedings officer” has the meaning given by section
28 of the Children Act 2004.”

Children Bill [HL]
Schedule 4 — Child minding and day care
38

Criminal Justice and Court Services Act 2000 (c. 43)
12
The Criminal Justice and Court Services Act 2000 is amended as follows.
13
In section 12 (principal functions of CAFCASS), in subsection (1), after “the
welfare of children” insert “other than children ordinarily resident in
Wales”.
5
14
In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute
“nine”.
Adoption and Children Act 2002 (c. 38)
15
The Adoption and Children Act 2002 is amended as follows.
16    (1)
Section 102 (officers of the Service) is amended as follows.
10
      (2)
In subsection (1), at the end insert “or a Welsh family proceedings officer”.
      (3)
In subsection (7), after “officer of the Service” insert “or a Welsh family
proceedings officer”.
      (4)
After that subsection insert—
“(8)
In this section and section 103 “Welsh family proceedings officer”
15
has the meaning given by section 28 of the Children Act 2004.”
17
In section 103 (rights of officers of the Service), in subsections (1) and (2),
after “officer of the Service” insert “or a Welsh family proceedings officer”.
Sexual Offences Act 2003 (c. 42)
18
In section 21 of the Sexual Offences Act 2003 (positions of trust), in
20
subsection (12)(a), after “officer of the Service” insert “or Welsh family
proceedings officer (within the meaning given by section 28 of the Children
Act 2004)”.
Schedule 4
Section 40

Child minding and day care
25
1
Part 10A of the Children Act 1989 (c. 41) is amended as follows.
Amendments relating to child minding and day care
Conditions imposed by justice of the peace or tribunal
2     (1)
In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute
“under this Part”.
30
      (2)
In section 79G(2), omit “under section 79F(3)”.
Application fees
3     (1)
In section 79E(2), at the end insert—
“(c)
be accompanied by the prescribed fee.”
      (2)
In section 79F(1) and (2)—
35

Children Bill [HL]
Schedule 4 — Child minding and day care
39

(a)
after “on an application” insert “under section 79E”;
(b)
omit paragraph (b) and the preceding “and”.
Fees payable by registered persons
4     (1)
In section 79G(1), for “an annual fee” substitute “a fee”.
      (2)
In Schedule 9A—
5
(a)
in the heading before paragraph 7, omit “Annual”;
(b)
in paragraph 7, for the words from “at prescribed times” to the end
substitute “, at or by the prescribed times, fees of the prescribed
amounts in respect of the discharge by the registration authority of
its functions under Part XA.”
10
Waiver of disqualification
5
In Schedule 9A, in paragraph 4(3A)—
(a)
after “disqualified for registration” insert “(and may in particular
provide for a person not to be disqualified for registration for the
purposes of sub-paragraphs (4) and (5))”;
15
(b)
in paragraph (b), omit “to his registration”.
Amendments relating to day care only
Qualification for registration
6
In section 79B(4)—
(a)
for paragraphs (a) and (b) substitute—
20
“(a)
he has made adequate arrangements to ensure that—
(i)
every person (other than himself and the
responsible individual) looking after children
on the premises is suitable to look after
children under the age of eight; and
25
(ii)
every person (other than himself and the
responsible individual) living or working on
the premises is suitable to be in regular
contact with children under the age of eight;
(b)
the responsible individual—
30
(i)
is suitable to look after children under the age
of eight, or
(ii)
if he is not looking after such children, is
suitable to be in regular contact with them;”;
(b)
in subsection (5), for “(4)(b)” substitute “(4)(a)”;
35
(c)
after subsection (5) insert—
“(5ZA)
For the purposes of subsection (4), “the responsible
individual” means—
(a)
in a case of one individual working on the premises in
the provision of day care, that person;
40
(b)
in a case of two or more individuals so working, the
individual so working who is in charge.”

Children Bill [HL]
Schedule 4 — Child minding and day care
40

Prohibition in respect of disqualified persons
7
In Schedule 9A, in paragraph 4(4)—
(a)
after “or be” insert “directly”;
(b)
omit “, or have any financial interest in,”.
Unincorporated associations
5
8
In Schedule 9A, after paragraph 5 insert—
“Provision of day care: unincorporated associations
5A    (1)
References in Part XA to a person, so far as relating to the
provision of day care, include an unincorporated association.
      (2)
Proceedings for an offence under Part XA which is alleged to have
10
been committed by an unincorporated association must be
brought in the name of the association (and not in that of any of its
members).
      (3)
For the purpose of any such proceedings, rules of court relating to
the service of documents are to have effect as if the association
15
were a body corporate.
      (4)
In proceedings for an offence under Part XA brought against an
unincorporated association, section 33 of the Criminal Justice Act
1925 and Schedule 3 to the Magistrates’ Courts Act 1980
(procedure) apply as they do in relation to a body corporate.
20
      (5)
A fine imposed on an unincorporated association on its conviction
of an offence under Part XA is to be paid out of the funds of the
association.
      (6)
If an offence under Part XA committed by an unincorporated
association is shown—
25
(a)
to have been committed with the consent or connivance of
an officer of the association or a member of its governing
body, or
(b)
to be attributable to any neglect on the part of such an
officer or member,
30

the officer or member as well as the association is guilty of the
offence and liable to proceeded against and punished
accordingly.”