Children and Families Bill

Amendments
to be moved
on REPORT

[Supplementary to the Third Marshalled List]

After Clause 73

BARONESS HOWE OF IDLICOTE

BARONESS HUGHES OF STRETFORD

LORD CORMACK

BARONESS BENJAMIN

 

Insert the following new Clause—

“Duty to provide an internet service that protects children

(1)   Internet service providers must provide to subscribers an internet access
service which excludes adult content unless all the conditions of subsection
(3) have been fulfilled.

(2)   Where mobile telephone operators provide a telephone service to
subscribers which includes an internet access service, they must ensure this
service excludes adult content unless all the conditions of subsection (3)
have been fulfilled.

(3)   The conditions are—

(a)   the subscriber “opts-in” to subscribe to a service that includes adult
content;

(b)   the subscriber is aged 18 or over; and

(c)   the provider of the service has an age verification policy which
meets the standards set out by OFCOM in subsection (4) and which
has been used to confirm that the subscriber is aged 18 or over
before a user is able to access adult content.

(4)   It shall be the duty of OFCOM to set, and from time to time to review and
revise, standards for the—

(a)   filtering of adult content in line with the standards set out in section
319 of the Communications Act 2003; and

(b)   age verification policies to be used under subsection (3) before a
user is able to access adult content.

(5)   The standards set out by OFCOM under subsection (4) must be contained
in one or more codes.

(6)   It shall be the duty of OFCOM to establish procedures for the handling and
resolution of complaints in a timely manner about the observance of
standards set under subsection (4).

(7)   In this section, internet service providers and mobile telephone operators
shall at all times be held harmless of any claims or proceedings, whether
civil or criminal, providing that at the relevant time, the internet access
provider or the mobile telephone operator—

(a)   was following the standards and code set out by OFCOM in
subsection (4); and

(b)   acting in good faith.

(8)   In this section—

“adult content” means material which might seriously impair the
physical, mental or moral development of persons under the age of
eighteen;

“opts-in” means a subscriber notifies the service provider of his or her
consent to subscribe to a service that includes adult content.”

Schedule 4

LORD NASH

 

Page 171, line 35, leave out “and”

 

Page 171, line 37, at end insert “, and

(c)   the effectiveness of the arrangements of the early years
childminder agency for assuring itself of the quality of the
care and education provided by the early years providers
registered with it.”

 

Page 178, line 44, leave out “and”

 

Page 179, line 2, at end insert “, and

(c)   the effectiveness of the arrangements of the later years
childminder agency for assuring itself of the quality of the
care and education provided by the later years providers
registered with it.”

Clause 82

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

 

Page 57, line 34, at end insert—

“(4AD)   For the avoidance of doubt, a direction made pursuant to the
provisions of subsection (4A) as amended by subsection (4AA)
shall not have the automatic effect of transferring the functions of
the Director of Children’s Services and the Lead Member of
Children’s Services in sections 18 and 19 of the Children’s Act 2004
to the Secretary of State’s nominee.

(4AE)   Before giving a direction to an authority pursuant to the provisions
of subsection (4A), the Secretary of State must give the authority 14
days’ notice in writing of the proposed direction.

(4AF)   The proposed direction shall include a determination as to which
functions shall be exercised by the Secretary of State or a person
nominated by him and which functions shall be exercised by the
authority, including those set out in (4AD) above.

(4AG)   The authority may make written representations to the Secretary of
State about the proposed direction within that period.

(4AH)   The Secretary of State may modify or withdraw a direction under
this section by notice in writing to the authority or authorities to
which it was given.”

 

Page 58, line 2, at end insert—

“(6D)    For the avoidance of doubt, a direction made pursuant to the
provisions of subsection (6)(a) as amended by subsection (6A) shall
not have the automatic effect of transferring the functions of the
Director of Children’s Services and the Lead Member of Children’s
Services in sections 18 and 19 of the Children’s Act 2004 to the
Secretary of State’s nominee.

(6E)   Before giving a direction to a best value authority pursuant to
subsection (6)(a), the Secretary of State must give the best value
authority 14 days’ notice in writing of the proposed direction.

(6F)   The proposed direction shall include a determination as to which
functions shall be exercised by the Secretary of State or a person
nominated by him and which functions shall be exercised by the
best value authority, including those set out in (6D).

(6G)   The best value authority may make written representations to the
Secretary of State about the proposed direction within that period.

(6H)   The Secretary of State may modify or withdraw a direction under
this section by notice in writing to the best value authority or
authorities to which it was given.”

After Clause 82

LORD NASH

 

Insert the following new Clause—

“Application of suspension etc powers to establishments and agencies in
England

(1)   In section 14A of the Care Standards Act 2000 (power of Welsh Ministers to
suspend registration of person in respect of establishment or agency), in
subsection (1)—

(a)   for “Welsh Ministers” substitute “registration authority”, and

(b)   omit “for which the Welsh Ministers are the registration authority”.

(2)   In subsection (2) of that section, for “Welsh Ministers give” substitute
“registration authority gives”.

(3)   In section 15(4A) of that Act (duty of Welsh Ministers to give notice of
decision to grant application for cancellation or variation of suspension)—

(a)   for “Welsh Ministers decide” substitute “registration authority
decides”,

(b)   for “they” substitute “it”, and

(c)   for “their” substitute “its”.

(4)   In section 20B of that Act (urgent procedure for suspension or variation etc:
Wales), in the heading omit “: Wales”.

(5)   In subsection (1) of that section—

(a)   in paragraph (a) omit “for which the Welsh Ministers are the
registration authority”, and

(b)   in paragraph (b)—

(i)   for “Welsh Ministers have” substitute “registration
authority has”, and

(ii)   for “they act” substitute “it acts”.

(6)   In subsection (2) of that section, for “Welsh Ministers” in both places
substitute “registration authority”.

(7)   In subsection (4)(b) of that section, for “Welsh Ministers’” substitute
“registration authority’s”.”

After Clause 85

LORD NASH

 

Insert the following new Clause—

“Provision of free school lunches

(1)   The Education Act 1996 is amended as follows.

(2)   In section 512ZB (provision of free school lunches and milk at maintained
schools)—

(a)   in subsection (2)(a) after “subsection (4)” insert “or (4A) (or both)”,
and

(b)   after subsection (4) insert—

“(4A)    A person is within this subsection if the person—

(a)   is a registered pupil at a maintained school or pupil
referral unit in England, and

(b)   is in reception, year 1, year 2 or any other prescribed
year group at the school.

(4B)   The Secretary of State may by order provide for the
following to be treated as persons within subsection (4A)—

(a)   registered pupils, or any description of registered
pupils, at a maintained nursery school in England;

(b)   children, or any description of children, who receive
relevant funded early years education, or any
description of such education, in England.

(4C)   In subsection (4A)—

“maintained school” means—

(a)   a community, foundation or voluntary
school, or

(b)   a community or foundation special school;

“reception” means a year group in which the majority
of children will, in the school year, attain the age of 5;

“year 1” means a year group in which the majority of
children will, in the school year, attain the age of 6;

“year 2” means a year group in which the majority of
children will, in the school year, attain the age of 7;

“year group” means a group of children at a school the
majority of whom will, in a particular school year,
attain the same age.”;

(c)   in subsection (5), after ““prescribed”” insert “, “relevant funded
early years education””.

(3)   After section 512A insert—

“512B           Provision of school lunches: Academies

(1)   Academy arrangements in relation to an Academy school or an
alternative provision Academy must include provision imposing
obligations on the proprietor that are equivalent to the school
lunches obligations.

(2)   “The school lunches obligations” are the obligations imposed in
relation to maintained schools and pupil referral units in England
by—

(a)   section 512(3) (provision of school lunches on request), and

(b)   section 512ZB(1) (provision of free school lunches to eligible
persons).

(3)   Academy arrangements in relation to an Academy (other than a 16
to 19 Academy) that are entered into before the date on which
section (  Provision of free school lunches)(3) of the Children and
Families Act 2014 comes into force are to be treated as if they
included the provision required by subsection (1), to the extent that
they do not otherwise include such provision.”

Clause 86

LORD NASH

 

Page 60, line 2, after “must” insert “, in particular,”

Clause 92

LORD NASH

 

Page 63, line 9, leave out “involve children” and insert “consult children or
otherwise involve them”

 

Page 63, line 10, at end insert “, and

(d)   a summary of how the Commissioner has taken into
account the results of any such consultation and anything
else resulting from involving children in the discharge of his
or her functions.”

After Clause 113

BARONESS LISTER OF BURTERSETT

BARONESS PITKEATHLEY

 

Insert the following new Clause—

“Review of care leave

(1)   The Secretary of State must make arrangements—

(a)   for a review of the need for further types of leave arrangements for
employees in the United Kingdom, in addition to those that
currently exist, with a view to helping families combine care for a
disabled child or adult with work, and

(b)   for a report on the outcome of the review to be produced and
published.

(2)   The arrangements made by the Secretary of State must provide for the
review to begin as soon as practicable.”

Clause 118

LORD NASH

 

Page 123, line 5, after “82,” insert “(  Application of suspension etc powers to
establishments and agencies in England
),”

 

Page 123, line 6, at end insert—

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

Prepared 23rd January 2014