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18 Feb 2008 : Column 121

(i) he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6)(a) or (b) of that section (placement with local authority foster parent),(ia) he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),”. Children Act 2004 (c. 31)

14 In section 49(1)(a) of the Children Act 2004 (payments to local authority foster parents) for “23(2)(a)” substitute “22C”.

Income Tax (Trading and Other Income) Act 2005 (c. 5)

15 (1) Section 806 of the Income Tax (Trading and Other Income) Act 2005 (meaning of providing foster care) is amended as follows.

(2) In subsection (3)(a) for “23(2)(a)” substitute “22C”.

(3) In subsection (5)—

(a) after paragraph (c) omit “and”; and(b) after paragraph (d) insert “; and(e) an individual with whom the child is placed under a placement falling within section 22C(6)(d) of the Children Act 1989.”Childcare Act 2006 (c. 21)

16 (1) Section 18 of the Childcare Act 2006 (meaning of childcare) is amended as follows.

(2) For subsection (5)(a)(i) substitute—

“(i) a children’s home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,”.

(3) In subsection (8)—

(a) in paragraph (a) omit ““appropriate children’s home”,”; and(b) in paragraph (b) after ““care home”,” insert ““children’s home”,”.Safeguarding Vulnerable Groups Act 2006 (c. 47)

17 In section 53(7)(a) of the Safeguarding Vulnerable Groups Act 2006 (meaning of foster parent) omit “of section 23(2)(a)”.

Criminal Justice and Immigration Act 2008

18 In paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (fostering requirements in youth rehabilitation orders) for “23(2)(a)” substitute “22C”.”

[Amendments Nos. 62 and 63, as amendments to Amendment No. 61, not moved.]

On Question, Amendment No. 61 agreed to.

Lord Adonis moved Amendment No. 64:

Before the Schedule, insert the following new Schedule—

“Minor and supplementary amendments to the 1989 Act

1 The 1989 Act is amended in accordance with this Schedule.

2 In section 17(4) for “Secretary of State” substitute “appropriate national authority”.

3 In section 17A(1) for “Secretary of State” substitute “appropriate national authority”.

4 In section 17B(1) for “Secretary of State” substitute “appropriate national authority”.

5 In section 21(3), after “Secretary of State” insert “, the Welsh Ministers”.

6 In section 22(7)—

(a) for “Secretary of State” substitute “appropriate national authority”;(b) for “he” substitute “the appropriate national authority”;(c) for “the authority” substitute “the local authority”.

7 (1) Section 23 is amended as follows.

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(2) In subsection (2), in paragraphs (a) and (f)(ii) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsection (2A)—

(a) for the words “the Secretary of State”, in the first place where they occur, substitute “an appropriate national authority”;(b) for those words in the second place where they occur, substitute “that national authority”.

(4) In subsection (5) for “Secretary of State” substitute “appropriate national authority”.

(5) In subsection (6) for “Secretary of State” substitute “appropriate national authority”.

8 (1) Section 23A is amended as follows.

(2) In subsection (3) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsection (5)—

(a) for “Secretary of State” substitute “appropriate national authority”; (b) for “he” substitute “the appropriate national authority”.

9 (1) Section 23B is amended as follows.

(2) In subsection (5) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsection (7) for “The authority” substitute “The local authority”.

(4) In subsection (10) for “Secretary of State” substitute “appropriate national authority”.

10 In section 23D, in subsections (1) and (2), for “Secretary of State” substitute “appropriate national authority”.

11 In section 23E(2) for “Secretary of State” substitute “appropriate national authority”.

12 In section 24(5)(za) for “Secretary of State” substitute “appropriate national authority”.

13 In section 24B(6) for “Secretary of State” substitute “appropriate national authority”.

14 In section 24D, in subsections (1A) and (2), for “Secretary of State” substitute “appropriate national authority”.

15 In section 25, in subsections (2) and (7), for “Secretary of State” substitute “appropriate national authority”.

16 (1) Section 26 is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “appropriate national authority”.

(3) In subsection (2D) for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In each of subsections (3A), (3B), (3C), (4A), (5) and (6) for “Secretary of State” substitute “appropriate national authority”.

17 In section 26ZB(1) for “Secretary of State” substitute “Welsh Ministers”

18 In section 26A, in each of subsections (3)(a) and (4), for “Secretary of State” substitute “appropriate national authority”.

19 In section 27(3)(e) for “Secretary of State” substitute “appropriate national authority”.

20 In section 29(8)(c) after “Secretary of State” insert “, the Welsh Ministers”.

21 (1) Section 30 is amended as follows.

(2) In subsection (2) for “Secretary of State” substitute “determining authority”.

(3) After subsection (2) insert—

“(2A) For the purposes of subsection (2) “the determining authority” is—

(a) in a case where all the local authorities concerned are in Wales, the Welsh Ministers;(b) in any other case, the Secretary of State.

(2B) In a case where—

(a) the determining authority is the Secretary of State, and

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(b) one or more of the local authorities concerned are in Wales,the Secretary of State must consult the Welsh Ministers before making a determination for the purposes of subsection (2).”

(4) In subsection (4) for “Secretary of State” substitute “appropriate national authority”.

22 After section 30 insert—

“30A Meaning of appropriate national authority

In this Part “the appropriate national authority” means—

(a) in relation to England, the Secretary of State; and(b) in relation to Wales, the Welsh Ministers.”

23 (1) Section 104 is amended as follows.

(2) In subsection (2) after “108(2)” insert “or one containing the first regulations made by the Secretary of State under section 23C(5B)(b)”.

(3) Omit subsection (2A).

(4) In subsection (3) omit the words “or 17(4)”.

(5) After subsection (3) insert—

“(3A) An order under section 17(4) shall not be made by the Secretary of State unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(3B) Regulations under section 23C(5B)(b) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament; but this does not apply if the Secretary of State has previously made regulations under that provision.”

(6) In subsection (4)(c) omit—

(a) the word “such”;(b) the words “as the person making it considers expedient”.

24 After section 104 insert—

“104A Regulations and orders made by the Welsh Ministers under Part 3 etc.

(1) Any power of the Welsh Ministers under Part 3 or section 86A to make an order or regulations shall be exercisable by statutory instrument.

(2) Any such statutory instrument, except one made under section 17(4) or one containing the first regulations made by the Welsh Ministers under section 23C(5B)(b), shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3) An order under section 17(4) shall not be made by the Welsh Ministers unless a draft of it has been laid before and approved by a resolution of the National Assembly for Wales.

(4) Regulations under section 23C(5B)(b) shall not be made by the Welsh Ministers unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales; but this does not apply if the Welsh Ministers have previously made regulations under that provision.”

25 (1) Schedule 2 is amended as follows.

(2) In paragraph 1A—

(a) in sub-paragraph (3)(j) for “Secretary of State” substitute “Welsh Ministers”;(b) in sub-paragraph (4) for “Secretary of State, submit to him” substitute “Welsh Ministers, submit to those Ministers”.

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(3) In paragraph 17(7) for “Secretary of State” substitute “appropriate national authority”.

(4) In paragraph 19B, in sub-paragraphs (3) and (7), for “Secretary of State” substitute “appropriate national authority”.

(5) In paragraph 20(1)(a) for “Secretary of State” substitute “appropriate national authority”.

(6) In paragraph 25—

(a) for “Secretary of State” substitute “appropriate national authority”;(b) for “they” substitute “a local authority”.”

On Question, amendment agreed to.

The Schedule [Repeals]:

Lord Adonis moved Amendments Nos. 65 to 71:

The Schedule, page 30, line 10, column 2, at end insert—

	“In section 104—
	(a) subsection (2A);
	(b) in subsection (3), the words “or 17(4)”;
	(c) in subsection (4)(c), the word “such” and the words “as the person making it considers expedient”.
	In section 105(1), the definition of “appropriate children’s home”.”

The Schedule, page 30, line 11, column 2, leave out “paragraphs 12(d) and (g) and” and insert “paragraph”

The Schedule, page 30, line 11, at end insert—

“Criminal Justice Act 1991 (c. 53)

In section 61(5), the words from “and” to the end.”

The Schedule, page 30, line 12, column 2, at beginning insert—

“In section 5(1A), the word “and” immediately preceding paragraph (e).”

The Schedule, page 30, line 23, at end insert—

“Income Tax (Trading and Other Income) Act 2005 (c. 5)	In section 806(5), the word “and” after paragraph (c).
Childcare Act 2006 (c. 21)	In section 18(8)(a), the words ““appropriate children’s home”,”.”

The Schedule, page 30, line 25, at end insert—

“Safeguarding Vulnerable Groups Act 2006 (c. 47)

In section 53(7)(a), the words “of section 23(2)(a)”.”

The Schedule, page 30, line 27, leave out “Section 12” and insert “Sections 12 to (Orders under section 12 and (Power to make further provision concerning independent reviewing officers: Wales): supplementary provisions).”

On Question, amendments agreed to.

The Schedule, as amended, agreed to.

House resumed: Bill reported with amendments.

House adjourned at 9.53 pm.

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