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Children and Families Act 2014

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Children and Families Act 2014

2014 c. 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.

Enacted[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:—C26

PART 1  Adoption and contact

Adoption

I213I5711 Contact between prescribed persons and adopted person's relatives

1 In section 98 of the Adoption and Children Act 2002 (pre-commencement adoptions: information), after subsection (1) insert—
2 In each of subsections (2) and (3) of that section, for “that purpose” substitute “ a purpose within subsection (1) or (1A) ”.
3 In subsection (7) of that section, after the definition of “appointed day” insert—
.

I2142 Placement of looked after children with prospective adopters

1 Section 22C of the Children Act 1989 is amended as follows.
2 In subsection (7), after “subject to” insert “ subsection (9B) and ”.
3 After subsection (9) insert—

I2153 Repeal of requirement to give due consideration to ethnicity: England

1 Section 1 of the Adoption and Children Act 2002 (considerations applying when making decisions about the adoption of a child) is amended as follows.
2 In subsection (5) (due consideration to be given to religious persuasion, racial origin and cultural and linguistic background), for “In placing the child for adoption, the adoption agency” substitute “ In placing a child for adoption, an adoption agency in Wales ”.
3 In consequence of the amendment made by subsection (2)—
a in subsection (1), for “This section applies” substitute “ Subsections (2) to (4) apply ”;
b in subsection (6), for “The court or adoption agency” substitute “ In coming to a decision relating to the adoption of a child, a court or adoption agency ”;
c after subsection (8) insert—

F74 Recruitment, assessment and approval of prospective adopters

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

5 Adoption support services: personal budgets

In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption Service) after section 4 insert—

I2166 Adoption support services: duty to provide information

In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption Service) after section 4A (as inserted by section 5) insert—

I1627 The Adoption and Children Act Register

1 The Adoption and Children Act 2002 is amended as follows.
2 In section 125 (Adoption and Children Act Register)—
a in subsection (1)(a), after “children who are suitable for adoption” insert “ , children for whom a local authority in England are considering adoption ”;
b in subsection (3), after “search” insert “ (subject to regulations under section 128A) ”.
3 In section 128 (supply of information for the register), in subsection (4)(b), after “children suitable for adoption” insert “ or for whom a local authority in England are considering adoption ”.
4 After section 128 insert—
5 In section 129 (disclosure of information), in subsection (2)(a) after “suitable for adoption” insert “ or for whom a local authority in England is considering adoption ”.
6 In section 140(7) (power for subordinate legislation to make different provision for different purposes) after “purposes” insert “ or areas ”.
7 In section 97 of the Children Act 1989 (privacy for children involved in certain proceedings), after subsection (6) insert—
8 Schedule 1 (amendments to the Adoption and Children Act 2002 to provide for the Adoption and Children Act Register not to apply to Wales and Scotland and to remove the requirement to make provision for that register by Order in Council, and other related amendments) has effect.

Contact

I2178 Contact: children in care of local authorities

1 Section 34 of the Children Act 1989 (parental contact etc with children in care) is amended as follows.
2 In subsection (1), after “subject to the provisions of this section” insert “ and their duty under section 22(3)(a) ”.
3 After subsection (6) insert—
4 In subsection (8), before paragraph (a) insert—
.
5 In subsection (11) after “Before” insert “ making, varying or discharging an order under this section or ”.

9I86 Contact: post-adoption

1 After section 51 of the Adoption and Children Act 2002 insert—
2 In section 1 of the Adoption and Children Act 2002 (considerations applying to the exercise of powers relating to the adoption of a child), in subsection (7)(a) after “section 26” insert “ or 51A ”.
3 In section 26 of that Act (children placed, or authorised to be placed, for adoption: contact), omit subsection (5).
4 In section 96(3) of that Act (section 95 does not prohibit payment of legal or medical expenses in connection with applications under section 26 etc) after “26” insert “ , 51A ”.
5 In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after paragraph (ab) insert—
.
6 In section 2 of that Act (jurisdiction of courts in England and Wales to make Part 1 orders: pre-conditions) after subsection (2B) insert—
7 In section 9 of the Children Act 1989, in subsection (5)(a) (restrictions on making certain orders with respect to children) after “order” insert “ or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) ”.
8 In section 17(4) of the Armed Forces Act 1991 (persons to be given notice of application for service family child assessment order) before paragraph (e) insert—
.
9 In section 18(7) of that Act (persons who may apply to vary or discharge a service family child assessment order) before paragraph (e) insert—
.
10 In section 20(8) of that Act (persons who are to be allowed reasonable contact with a child subject to a protection order) before paragraph (d) insert—
.
11 In section 22A(7) of that Act (persons who are to be allowed reasonable contact with a child in service police protection) before paragraph (d) insert—
.
12 In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services)—
a in paragraph 12(9) (victims of domestic violence and family matters), in the definition of “family enactment” after paragraph (o) insert—
, and
b in paragraph 13(1) (protection of children and family matters) after paragraph (f) insert—

PART 2  Family justice

10I83 Family mediation information and assessment meetings

1 Before making a relevant family application, a person must attend a family mediation information and assessment meeting.
2 Family Procedure Rules—
a may provide for subsection (1) not to apply in circumstances specified in the Rules,
b may make provision about convening a family mediation information and assessment meeting, or about the conduct of such a meeting,
c may make provision for the court not to issue, or otherwise deal with, an application if, in contravention of subsection (1), the applicant has not attended a family mediation information and assessment meeting, and
d may provide for a determination as to whether an applicant has contravened subsection (1) to be made after considering only evidence of a description specified in the Rules.
3 In this section—
  • “the court” means the High Court or the family court;
  • “family mediation information and assessment meeting”, in relation to a relevant family application, means a meeting held for the purpose of enabling information to be provided about—
    1. mediation of disputes of the kinds to which relevant family applications relate,
    2. ways in which disputes of those kinds may be resolved otherwise than by the court, and
    3. the suitability of mediation, or of any such other way of resolving disputes, for trying to resolve any dispute to which the particular application relates;
  • “family proceedings” has the same meaning as in section 75 of the Courts Act 2003;
  • “relevant family application” means an application that—
    1. is made to the court in, or to initiate, family proceedings, and
    2. is of a description specified in Family Procedure Rules.
4 This section is without prejudice to sections 75 and 76 of the Courts Act 2003 (power to make Family Procedure Rules).

C1I44411 Welfare of the child: parental involvement

1 Section 1 of the Children Act 1989 (welfare of the child) is amended as follows.
2 After subsection (2) insert—
3 After subsection (5) insert—

12I87 Child arrangements orders

1 Section 8(1) of the Children Act 1989 is amended as follows.
2 Omit the definitions of “contact order” and “residence order”.
3 After “In this Act—” insert—
.
4 Schedule 2 (amendments relating to child arrangements orders) has effect.

13I84 Control of expert evidence, and of assessments, in children proceedings

1 A person may not without the permission of the court instruct a person to provide expert evidence for use in children proceedings.
2 Where in contravention of subsection (1) a person is instructed to provide expert evidence, evidence resulting from the instructions is inadmissible in children proceedings unless the court rules that it is admissible.
3 A person may not without the permission of the court cause a child to be medically or psychiatrically examined or otherwise assessed for the purposes of the provision of expert evidence in children proceedings.
4 Where in contravention of subsection (3) a child is medically or psychiatrically examined or otherwise assessed, evidence resulting from the examination or other assessment is inadmissible in children proceedings unless the court rules that it is admissible.
5 In children proceedings, a person may not without the permission of the court put expert evidence (in any form) before the court.
6 The court may give permission as mentioned in subsection (1), (3) or (5) only if the court is of the opinion that the expert evidence is necessary to assist the court to resolve the proceedings justly.
7 When deciding whether to give permission as mentioned in subsection (1), (3) or (5) the court is to have regard in particular to—
a any impact which giving permission would be likely to have on the welfare of the children concerned, including in the case of permission as mentioned in subsection (3) any impact which any examination or other assessment would be likely to have on the welfare of the child who would be examined or otherwise assessed,
b the issues to which the expert evidence would relate,
c the questions which the court would require the expert to answer,
d what other expert evidence is available (whether obtained before or after the start of proceedings),
e whether evidence could be given by another person on the matters on which the expert would give evidence,
f the impact which giving permission would be likely to have on the timetable for, and duration and conduct of, the proceedings,
g the cost of the expert evidence, and
h any matters prescribed by Family Procedure Rules.
8 References in this section to providing expert evidence, or to putting expert evidence before a court, do not include references to—
a the provision or giving of evidence—
i by a person who is a member of the staff of a local authority or of an authorised applicant,
ii in proceedings to which the authority or authorised applicant is a party, and
iii in the course of the person's work for the authority or authorised applicant,
b the provision or giving of evidence—
i by a person within a description prescribed for the purposes of subsection (1) of section 94 of the Adoption and Children Act 2002 (suitability for adoption etc.), and
ii about the matters mentioned in that subsection,
c the provision or giving of evidence by an officer of the Children and Family Court Advisory and Support Service when acting in that capacity, or
d the provision or giving of evidence by a Welsh family proceedings officer (as defined by section 35(4) of the Children Act 2004) when acting in that capacity.
9 In this section—
  • “authorised applicant” means—
    1. the National Society for the Prevention of Cruelty to Children, or
    2. a person authorised by an order under section 31 of the Children Act 1989 to bring proceedings under that section;
  • “child” means a person under the age of 18;
  • “children proceedings” has such meaning as may be prescribed by Family Procedure Rules;
  • “the court”, in relation to any children proceedings, means the court in which the proceedings are taking place;
  • “local authority”—
    1. in relation to England means—
      1. a county council,
      2. a district council for an area for which there is no county council,
      3. a London borough council,
      4. the Common Council of the City of London, or
      5. the Council of the Isles of Scilly, and
    2. in relation to Wales means a county council or a county borough council.
10 The preceding provisions of this section are without prejudice to sections 75 and 76 of the Courts Act 2003 (power to make Family Procedure Rules).
11 In section 38 of the Children Act 1989 (court's power to make interim care and supervision orders, and to give directions as to medical examination etc. of children) after subsection (7) insert—

14I88 Care, supervision and other family proceedings: time limits and timetables

1 The Children Act 1989 is amended as follows.
2 In section 32(1)(a) (timetable for dealing with application for care or supervision order) for “disposing of the application without delay; and” substitute
.
3 In section 32 (care and supervision orders) after subsection (2) insert—
4 In section 38 (interim care and supervision orders)—
a in subsection (4) (duration of interim order) omit—
i paragraph (a) (order may not last longer than 8 weeks), and
ii paragraph (b) (subsequent order generally may not last longer than 4 weeks),
b in that subsection after paragraph (d) insert—
, and
c omit subsection (5) (interpretation of subsection (4)(b)).
5 In section 11(1) (section 8 orders: court's duty, in the light of rules made by virtue of section 11(2), to draw up timetable and give directions to implement it) for “rules made by virtue of subsection (2))” substitute “ provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ”.
6 In section 14E(1) (special guardianship orders: court's duty, in the light of rules made by virtue of subsection (3), to draw up timetable and give directions to implement it) for “rules made by virtue of subsection (3))” substitute “ provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b)) ”.
7 In section 32(1) (care and supervision orders: court's duty, in the light of rules made by virtue of section 32(2), to draw up timetable and give directions to implement it)—
a for “hearing an application for an order under this Part” substitute “ in which an application for an order under this Part is proceeding ”, and
b for “rules made by virtue of subsection (2))” substitute “ provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ”.
8 In section 109(1) of the Adoption and Children Act 2002 (adoption and placement orders: court's duty, in the light of rules made by virtue of section 109(2), to draw up timetable and give directions to implement it) for “rules made by virtue of subsection (2))” substitute “ provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ”.

15 Care plans

1I89 For section 31(3A) of the Children Act 1989 (no care order to be made until court has considered section 31A care plan) substitute—
2 In section 31A of the Children Act 1989 (care plans)—
a in subsection (1) (where application made for care order, care plan to be prepared within such time as the court may direct) for “the court may direct” substitute “ may be prescribed ”, and
b after subsection (4) insert—
3I89 In consequence of subsection (1), section 121(1) of the Adoption and Children Act 2002 is repealed.

16I90 Care proceedings and care plans: regulations: procedural requirements

1 In section 104 of the Children Act 1989 (regulations and orders)—
a in subsections (2) and (3A) (regulations within subsection (3B) or (3C) not subject to annulment but to be approved in draft) after “(3B)” insert “ , (3BA) ”, and
b after subsection (3B) insert—
F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17I85 Repeal of restrictions on divorce and dissolution etc where there are children

1 The following are repealed—
a section 41 of the Matrimonial Causes Act 1973 (in proceedings for divorce etc. court is to consider whether to exercise powers under Children Act 1989);
b section 63 of the Civil Partnership Act 2004 (in proceedings for dissolution etc. court is to consider whether to exercise powers under Children Act 1989).
2 The following amendments and repeals are in consequence of the repeals made by subsection (1).
3 In section 9(1)(a) of the Matrimonial Causes Act 1973 (proceedings after decree of divorce: power to make decree absolute is subject to section 41)—
a for “sections” substitute “ section ”, and
b omit “and 41”.
4 In section 17(2) of that Act (grant of decree of judicial separation is subject to section 41) omit “, subject to section 41 below,”.
5 Omit paragraph 31 of Schedule 12 to the Children Act 1989 (which substitutes section 41 of the Matrimonial Causes Act 1973).
6 In section 40(4)(b) of the Civil Partnership Act 2004 (proceedings after conditional order: power to make order final is subject to section 63) omit the words from “and section 63” to the end.
7 In section 56(3) of that Act (making of separation order is subject to section 63) omit “, subject to section 63,”.

18 Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996

1 Part 2 of the Family Law Act 1996 (divorce and separation), except section 22 (the only provision of Part 2 which is in force), is repealed.
2 In consequence of subsection (1), the following provisions of the Family Law Act 1996 (which relate to provisions of Part 2) are repealed—
a section 1(c) and (d),
b section 63(2)(a),
c section 64(1)(a),
d in section 65(5) the words “to rules made under section 12 or”,
e Part 1 of Schedule 8, except—
i paragraph 16(5)(a), (6)(b) and (7) (which have been brought into force), and
ii paragraphs 4 and 16(1) (which relate to those provisions),
f in Schedule 9, paragraphs 1 and 2 and, in paragraph 4, the definitions of “decree”, “instrument” and “petition”, and
g in Schedule 10, the entries relating to—
i the Matrimonial Causes Act 1973,
ii the Domicile and Matrimonial Proceedings Act 1973,
iii sections 1, 7 and 63 of, and paragraph 38 of Schedule 2 to, the Domestic Proceedings and Magistrates' Courts Act 1978,
iv the Senior Courts Act 1981,
v the Administration of Justice Act 1982,
vi the Matrimonial and Family Proceedings Act 1984,
vii the Family Law Act 1986, and
viii Schedule 13 to the Children Act 1989.
3 In consequence of subsections (1) and (2), the following provisions are repealed—
a paragraphs 50 to 52 of Schedule 4 to the Access to Justice Act 1999,
b the following provisions of the Welfare Reform and Pensions Act 1999—
i section 28(1)(b) and (c), (2), (4) and (5),
ii section 48(1)(b) and (c), (2), (4) and (5), and
iii in Schedule 12, paragraphs 64 to 66,
c paragraphs 22 to 25 of Schedule 1 to the Constitutional Reform Act 2005,
d paragraph 12 of Schedule 2 to the Children and Adoption Act 2006, and
e the following provisions of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012—
i paragraphs 43 to 45, and
ii in the second column of the Table in Part 2, paragraph (l) of the entry relating to Schedule 4 to the Access to Justice Act 1999.
4 In consequence of subsection (1), in section 1 of the Family Law Act 1996 (general principles underlying Part 2), in the words before paragraph (a) and in the title, for “Parts II and III” substitute “ section 22 ”.
5 In consequence of subsection (3)(b)(i), in section 28(11) of the Welfare Reform and Pensions Act 1999 (interpretation of subsections (4)(b), (5)(c) and (6)) for “subsections (4)(b), (5)(c) and” substitute “ subsection ”.
6 The modifications set out in subsection (7), which were originally made by article 3(2) of the No. 2 Order and article 4 of the No. 3 Order, are to continue to have effect but as amendments of the provisions concerned (rather than as modifications having effect until the coming into force of provisions of the Family Law Act 1996 repealed by this section without having come into force).
7 The modifications are—
a in section 22(2) of the Matrimonial and Family Proceedings Act 1984 for the words from “if” to “granted” substitute “ if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation has been granted ”, and
b in section 31 of the Matrimonial Causes Act 1973—
i in subsection (7D) for “Subsections (7) and (8) of section 22A” substitute “ Section 23(6) ”,
ii in subsection (7D) for “section 22A” substitute “ section 23 ”, and
iii in subsection (7F) for “section 23A” substitute “ section 24 ”.
8 In section 31(7D) of the Matrimonial Causes Act 1973—
a for “apply”, in the first place, substitute “ applies ”, and
b for “they apply where it” substitute “ it applies where the court ”.
9 Articles 3(2) and 4 of the No. 2 Order, and article 4 of the No. 3 Order, are revoked; and in subsection (6) and this subsection—
  • “the No. 2 Order” means the Family Law Act 1996 (Commencement No. 2) Order 1997 (S.I. 1997/1892), and
  • “the No. 3 Order” means the Family Law Act 1996 (Commencement No. 3) Order 1998 (S.I. 1998/2572).

C29 PART 3  Children and young people in England with special educational needs or disabilities

Local authority functions: general principles

I21819 Local authority functions: supporting and involving children and young people

In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular—
C28C28C28a the views, wishes and feelings of the child and his or her parent, or the young person;
b the importance of the child and his or her parent, or the young person, participating as fully as possible in decisions relating to the exercise of the function concerned;
c the importance of the child and his or her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions;
d the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.

Special educational needs etc

I21920 When a child or young person has special educational needs

1 A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.
2 A child of compulsory school age or a young person has a learning difficulty or disability if he or she—
a has a significantly greater difficulty in learning than the majority of others of the same age, or
b has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
3 A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within subsection (2) when of compulsory school age (or would be likely, if no special educational provision were made).
4 A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home.
5 This section applies for the purposes of this Part.

I22021 Special educational provision, health care provision and social care provision

1 “Special educational provision”, for a child aged two or more or a young person, means educational or training provision that is additional to, or different from, that made generally for others of the same age in—
a mainstream schools in England,
b maintained nursery schools in England,
c mainstream post-16 institutions in England, or
d places in England at which relevant early years education is provided.
2 “Special educational provision”, for a child aged under two, means educational provision of any kind.
3 “Health care provision” means the provision of health care services as part of the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006.
4 “Social care provision” means the provision made by a local authority in the exercise of its social services functions.
5 Health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision).
6 This section applies for the purposes of this Part.

Identifying children and young people with special educational needs and disabilities

I22122 Identifying children and young people with special educational needs and disabilities

A local authority in England must exercise its functions with a view to securing that it identifies—
a all the children and young people in its area who have or may have special educational needs, and
b all the children and young people in its area who have a disability.

I22223 Duty of health bodies to bring certain children to local authority's attention

1 This section applies where, in the course of exercising functions in relation to a child who is under compulsory school age, an integrated care board, NHS trust or NHS foundation trust form the opinion that the child has (or probably has) special educational needs or a disability.
2 The board or trust must—
a inform the child's parent of their opinion and of their duty under subsection (3), and
b give the child's parent an opportunity to discuss their opinion with an officer of the board or trust.
3 The board or trust must then bring their opinion to the attention of the appropriate local authority in England.
4 If the board or trust think a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs or disability the child may have, they must inform the parent of that.

Children and young people for whom a local authority is responsible

I22324 When a local authority is responsible for a child or young person

1 A local authority in England is responsible for a child or young person if he or she is in the authority's area and has been—
a identified by the authority as someone who has or may have special educational needs, or
b brought to the authority's attention by any person as someone who has or may have special educational needs.
2 This section applies for the purposes of this Part.

Education, health and care provision: integration and joint commissioning

I22425 Promoting integration

1 A local authority in England must exercise its functions under this Part with a view to ensuring the integration of educational provision and training provision with health care provision and social care provision, where it thinks that this would—
a promote the well-being of children or young people in its area who have special educational needs or a disability, or
b improve the quality of special educational provision—
i made in its area for children or young people who have special educational needs, or
ii made outside its area for children or young people for whom it is responsible who have special educational needs.
2 The reference in subsection (1) to the well-being of children and young people is to their well-being so far as relating to—
a physical and mental health and emotional well-being;
b protection from abuse and neglect;
c control by them over their day-to-day lives;
d participation in education, training or recreation;
e social and economic well-being;
f domestic, family and personal relationships;
g the contribution made by them to society.

I22526 Joint commissioning arrangements

1 A local authority in England and its partner commissioning bodies must make arrangements (“joint commissioning arrangements”) about the education, health and care provision to be secured for—
a children and young people for whom the authority is responsible who have special educational needs, and
b children and young people in the authority's area who have a disability.
2 In this Part “education, health and care provision” means—
a special educational provision;
b health care provision;
c social care provision.
3 Joint commissioning arrangements must include arrangements for considering and agreeing—
a the education, health and care provision reasonably required by—
i the learning difficulties and disabilities which result in the children and young people within subsection (1)(a) having special educational needs, and
ii the disabilities of the children and young people within subsection (1)(b);
b what education, health and care provision is to be secured;
c by whom education, health and care provision is to be secured;
d what advice and information is to be provided about education, health and care provision;
e by whom, to whom and how such advice and information is to be provided;
f how complaints about education, health and care provision may be made and are to be dealt with;
g procedures for ensuring that disputes between the parties to the joint commissioning arrangements are resolved as quickly as possible.
4 Joint commissioning arrangements about securing education, health and care provision must in particular include arrangements for—
a securing EHC needs assessments;
b securing the education, health and care provision specified in EHC plans;
c agreeing personal budgets under section 49.
5 Joint commissioning arrangements may also include other provision.
6 The parties to joint commissioning arrangements must—
a have regard to them in the exercise of their functions, and
b keep them under review.
7 Section 116B of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessment of relevant needs and joint local health and wellbeing strategy) applies in relation to functions exercisable under this section.
8 A local authority's “partner commissioning bodies” are—
a NHS England, to the extent that it is under a duty under section 3B of the National Health Service Act 2006 to arrange for the provision of services or facilities for—
i any children and young people for whom the authority is responsible who have special educational needs, or
ii any children and young people in the authority's area who have a disability, and
b each integrated care board that is under a duty under section 3 of that Act to arrange for the provision of services or facilities for any children and young people within paragraph (a).
9 Regulations may prescribe circumstances in which an integrated care board that would otherwise be a partner commissioning body of a local authority by virtue of subsection (8)(b) is to be treated as not being a partner commissioning body of the authority.

Review of education and care provision

I22627 Duty to keep education and care provision under review

1 A local authority in England must keep under review—
a the educational provision, training provision and social care provision made in its area for children and young people who have special educational needs or a disability, and
b the educational provision, training provision and social care provision made outside its area for—
i children and young people for whom it is responsible who have special educational needs, and
ii children and young people in its area who have a disability.
2 The authority must consider the extent to which the provision referred to in subsection (1)(a) and (b) is sufficient to meet the educational needs, training needs and social care needs of the children and young people concerned.
3 In exercising its functions under this section, the authority must consult—
C2a children and young people in its area with special educational needs, and the parents of children in its area with special educational needs;
C2b children and young people in its area who have a disability, and the parents of children in its area who have a disability;
c the governing bodies of maintained schools and maintained nursery schools in its area;
d the proprietors of Academies in its area;
e the governing bodies, proprietors or principals of post-16 institutions in its area;
f the governing bodies of non-maintained special schools in its area;
g the advisory boards of children's centres in its area;
h the providers of relevant early years education in its area;
i the governing bodies, proprietors or principals of other schools and post-16 institutions in England and Wales that the authority thinks are or are likely to be attended by—
i children or young people for whom it is responsible, or
ii children or young people in its area who have a disability;
j a youth offending team that the authority thinks has functions in relation to—
i children or young people for whom it is responsible, or
ii children or young people in its area who have a disability;
k such other persons as the authority thinks appropriate.
4 Section 116B of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessment of relevant needs and joint local health and wellbeing strategy) applies in relation to functions exercisable under this section.
5 “Children's centre” has the meaning given by section 5A(4) of the Childcare Act 2006.

Co-operation and assistance

I22728 Co-operating generally: local authority functions

1 A local authority in England must co-operate with each of its local partners, and each local partner must co-operate with the authority, in the exercise of the authority's functions under this Part.
2 Each of the following is a local partner of a local authority in England for this purpose—
a where the authority is a county council for an area for which there is also a district council, the district council;
b the governing body of a maintained school or maintained nursery school that is maintained by the authority or provides education or training for children or young people for whom the authority is responsible;
c the proprietor of an Academy that is in the authority's area or provides education or training for children or young people for whom the authority is responsible;
d the proprietor of a non-maintained special school that is in the authority's area or provides education or training for children or young people for whom the authority is responsible;
e the governing body of an institution within the further education sector that is in the authority's area, or is attended, or likely to be attended, by children or young people for whom the authority is responsible;
f the management committee of a pupil referral unit that is in the authority's area, or is in England and is or is likely to be attended by children or young people for whom the authority is responsible;
g the proprietor of an institution approved by the Secretary of State under section 41 (independent special schools and special post 16 institutions: approval) that is in the authority's area, or is attended, or likely to be attended, by children or young people for whom the authority is responsible;
h any other person (other than a school or post-16 institution) that makes special educational provision for a child or young person for whom the authority is responsible;
i a youth offending team that the authority thinks has functions in relation to children or young people for whom it is responsible;
j a person in charge of relevant youth accommodation—
i in which there are detained persons aged 18 or under for whom the authority was responsible immediately before the beginning of their detention, or
ii that the authority thinks is accommodation in which such persons are likely to be detained;
k NHS England;
l an integrated care board—
i whose area coincides with, or falls wholly or partly within, the authority's area, or
ii which is under a duty under section 3 of the National Health Service Act 2006 to arrange for the provision of services or facilities for any children and young people for whom the authority is responsible;
m an NHS trust or NHS foundation trust which provides services in the authority's area, or which exercises functions in relation to children or young people for whom the authority is responsible;
n a Local Health Board which exercises functions in relation to children or young people for whom the authority is responsible.
3 A local authority in England must make arrangements for ensuring co-operation between—
a the officers of the authority who exercise the authority's functions relating to education or training,
b the officers of the authority who exercise the authority's social services functions for children or young people with special educational needs, and
c the officers of the authority, so far as they are not officers within paragraph (a) or (b), who exercise the authority's functions relating to provision which is within section 30(2)(e) (provision to assist in preparing children and young people for adulthood and independent living).
4 Regulations may prescribe circumstances in which an integrated care board that would otherwise be a local partner of a local authority by virtue of subsection (2)(l)(ii) is to be treated as not being a local partner of the authority.

I22829 Co-operating generally: governing body functions

1 This section applies where an appropriate authority for a school or post-16 institution mentioned in subsection (2) has functions under this Part.
2 The schools and post-16 institutions referred to in subsection (1) are—
a mainstream schools;
b maintained nursery schools;
c 16 to 19 Academies;
d institutions within the further education sector;
e pupil referral units;
f alternative provision Academies.
3 The appropriate authority must co-operate with each responsible local authority, and each responsible local authority must co-operate with the appropriate authority, in the exercise of those functions.
4 A responsible local authority, in relation to an appropriate authority for a school or post-16 institution mentioned in subsection (2), is a local authority in England that is responsible for any child or young person who is a registered pupil or a student at the school or post-16 institution.
5 The “appropriate authority” for a school or post-16 institution is—
a in the case of a maintained school, maintained nursery school, or institution within the further education sector, the governing body;
b in the case of an Academy, the proprietor;
c in the case of a pupil referral unit, the management committee.

Information and advice

I1I22930  SEN and disability local offer

1 A local authority in England must publish information about—
a the provision within subsection (2) it expects to be available in its area at the time of publication for children and young people who have special educational needs or a disability, and
b the provision within subsection (2) it expects to be available outside its area at that time for—
i children and young people for whom it is responsible, and
ii children and young people in its area who have a disability.
2 The provision for children and young people referred to in subsection (1) is—
a education, health and care provision;
b other educational provision;
c other training provision;
d arrangements for travel to and from schools and post-16 institutions and places at which relevant early years education is provided;
e provision to assist in preparing children and young people for adulthood and independent living.
3 For the purposes of subsection (2)(e), provision to assist in preparation for adulthood and independent living includes provision relating to—
a finding employment;
b obtaining accommodation;
c participation in society.
4 Information required to be published by an authority under this section is to be known as its "SEN and disability local offer".
5 A local authority must keep its SEN and disability local offer under review and may from time to time revise it.
6 A local authority must from time to time publish—
a comments about its SEN and disability local offer it has received from or on behalf of—
C3i children and young people with special educational needs, and the parents of children with special educational needs, and
C3ii children and young people who have a disability, and the parents of children who have a disability, and
b the authority's response to those comments (including details of any action the authority intends to take).
7 Comments published under subsection (6)(a) must be published in a form that does not enable the person making them to be identified.
8 Regulations may make provision about—
a the information to be included in an authority's SEN and disability local offer ;
b how an authority's SEN and disability local offer is to be published;
c who is to be consulted by an authority in preparing and reviewing its SEN and disability local offer ;
d how an authority is to involve—
C4i children and young people with special educational needs, and the parents of children with special educational needs, and
C4ii children and young people who have a disability, and the parents of children who have a disability,
in the preparation and review of its SEN and disability local offer ;
e the publication of comments on the SEN and disability local offer , and the local authority's response, under subsection (6) (including circumstances in which comments are not required to be published).
9 The regulations may in particular require an authority's SEN and disability local offer to include—
a information about how to obtain an EHC needs assessment;
b information about other sources of information, advice and support for—
i children and young people with special educational needs and those who care for them, and
ii children and young people who have a disability and those who care for them;
c information about gaining access to provision additional to, or different from, the provision mentioned in subsection (2);
d information about how to make a complaint about provision mentioned in subsection (2).

I2I23031 Co-operating in specific cases: local authority functions

1 This section applies where a local authority in England requests the co-operation of any of the following persons and bodies in the exercise of a function under this Part—
a another local authority;
b a youth offending team;
c the person in charge of any relevant youth accommodation;
d NHS England;
e an integrated care board;
f a Local Health Board;
g an NHS trust or NHS foundation trust.
2 The person or body must comply with the request, unless the person or body considers that doing so would—
a be incompatible with the duties of the person or body, or
b otherwise have an adverse effect on the exercise of the functions of the person or body.
3 A person or body that decides not to comply with a request under subsection (1) must give the authority that made the request written reasons for the decision.
4 Regulations may provide that, where a person or body is under a duty to comply with a request to co-operate with a local authority in securing an EHC needs assessment, a detained person's EHC needs assessment or the preparation of an EHC plan, the person or body must comply with the request within a prescribed period, unless a prescribed exception applies.

I23132 Advice and information

C51 A local authority in England must arrange for children and young people for whom it is responsible, and the parents of children for whom it is responsible, to be provided with advice and information about matters relating to the special educational needs of the children or young people concerned.
C52 A local authority in England must arrange for children and young people in its area with a disability, and the parents of children in its area with a disability, to be provided with advice and information about matters relating to the disabilities of the children or young people concerned.
3 The authority must take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to—
a the parents of children in its area;
b children in its area;
C6c young people in its area;
d the head teachers, proprietors and principals of schools and post-16 institutions in its area.
4 The authority may also take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to such other persons as it thinks appropriate.

Mainstream education

I23233 Children and young people with EHC plans

1 This section applies where a local authority is securing the preparation of an EHC plan for a child or young person who is to be educated in a school or post-16 institution.
2 In a case within section 39(5) or 40(2), the local authority must secure that the plan provides for the child or young person to be educated in a maintained nursery school, mainstream school or mainstream post-16 institution, unless that is incompatible with—
C7a the wishes of the child's parent or the young person, or
b the provision of efficient education for others.
3 A local authority may rely on the exception in subsection (2)(b) in relation to maintained nursery schools, mainstream schools or mainstream post-16 institutions in its area taken as a whole only if it shows that there are no reasonable steps that it could take to prevent the incompatibility.
4 A local authority may rely on the exception in subsection (2)(b) in relation to a particular maintained nursery school, mainstream school or mainstream post-16 institution only if it shows that there are no reasonable steps that it or the governing body, proprietor or principal could take to prevent the incompatibility.
5 The governing body, proprietor or principal of a maintained nursery school, mainstream school or mainstream post-16 institution may rely on the exception in subsection (2)(b) only if they show that there are no reasonable steps that they or the local authority could take to prevent the incompatibility.
6 Subsection (2) does not prevent the child or young person from being educated in an independent school, a non-maintained special school or a special post-16 institution, if the cost is not to be met by a local authority or the Secretary of State.
7 This section does not affect the operation of section 63 (fees payable by local authority for special educational provision at non-maintained schools and post-16 institutions).

I3I23334 Children and young people with special educational needs but no EHC plan

1 This section applies to a child or young person in England who has special educational needs but for whom no EHC plan is maintained, if he or she is to be educated in a school or post-16 institution.
2 The child or young person must be educated in a maintained nursery school, mainstream school or mainstream post-16 institution, subject to subsections (3) and (4).
3 The child or young person may be educated in an independent school, a non-maintained special school or a special post-16 institution, if the cost is not to be met by a local authority or the Secretary of State.
4 The child or young person may be educated in a special school or special post-16 institution during any period in which any of subsections (5) to (9) applies.
5 This subsection applies while the child or young person is admitted to a special school or special post-16 institution for the purposes of an EHC needs assessment, if all the following have agreed to his or her admission to the school or post-16 institution—
a the local authority which is responsible for him or her;
b the head teacher of the school or the principal of the Academy or post-16 institution;
C8c the child's parent or the young person;
d anyone else whose advice is required to be obtained in connection with the assessment by virtue of regulations under section 36(11).
6 This subsection applies while the child or young person remains admitted to a special school or special post-16 institution, in prescribed circumstances, following an EHC needs assessment at the school or post-16 institution.
7 This subsection applies while the child or young person is admitted to a special school or special post-16 institution, following a change in his or her circumstances, if all the following have agreed to his or her admission to the school or post-16 institution—
a the local authority which is responsible for him or her;
b the head teacher of the school or the principal of the Academy or post-16 institution;
C8c the child's parent or the young person.
8 This subsection applies while the child or young person is admitted to a special school which is established in a hospital and is—
a a community or foundation special school, or
b an Academy school.
9 This subsection applies while the child is admitted to a special school or special post-16 institution that is an Academy, if the Academy arrangements made in respect of the school or post-16 institution permit it to admit children and young people with special educational needs for whom no EHC plan is maintained.
10 This section does not affect the operation of section 63 (fees payable by local authority for special educational provision at non-maintained schools and post-16 institutions).

I23435 Children with SEN in maintained nurseries and mainstream schools

1 This section applies where a child with special educational needs is being educated in a maintained nursery school or a mainstream school.
2 Those concerned with making special educational provision for the child must secure that the child engages in the activities of the school together with children who do not have special educational needs, subject to subsection (3).
3 Subsection (2) applies only so far as is reasonably practicable and is compatible with—
a the child receiving the special educational provision called for by his or her special educational needs,
b the provision of efficient education for the children with whom he or she will be educated, and
c the efficient use of resources.

Assessment

I4I235C2736 Assessment of education, health and care needs

C91 A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child's parent, the young person or a person acting on behalf of a school or post-16 institution.
2 An “EHC needs assessment” is an assessment of the educational, health care and social care needs of a child or young person.
3 When a request is made to a local authority under subsection (1), or a local authority otherwise becomes responsible for a child or young person, the authority must determine whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
C94 In making a determination under subsection (3), the local authority must consult the child's parent or the young person.
C95 Where the local authority determines that it is not necessary for special educational provision to be made for the child or young person in accordance with an EHC plan it must notify the child's parent or the young person—
a of the reasons for that determination, and
b that accordingly it has decided not to secure an EHC needs assessment for the child or young person.
6 Subsection (7) applies where—
a no EHC plan is maintained for the child or young person,
b the child or young person has not been assessed under this section or section 71 during the previous six months, and
c the local authority determines that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
C97 The authority must notify the child's parent or the young person—
a that it is considering securing an EHC needs assessment for the child or young person, and
b that the parent or young person has the right to—
i express views to the authority (orally or in writing), and
ii submit evidence to the authority.
8 The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—
a the child or young person has or may have special educational needs, and
b it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
C99 After an EHC needs assessment has been carried out, the local authority must notify the child's parent or the young person of—
a the outcome of the assessment,
b whether it proposes to secure that an EHC plan is prepared for the child or young person, and
c the reasons for that decision.
10 In making a determination or forming an opinion for the purposes of this section in relation to a young person aged over 18, a local authority must consider whether he or she requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete his or her education or training.
11 Regulations may make provision about EHC needs assessments, in particular—
a about requests under subsection (1);
b imposing time limits in relation to consultation under subsection (4);
c about giving notice;
d about expressing views and submitting evidence under subsection (7);
e about how assessments are to be conducted;
f about advice to be obtained in connection with an assessment;
g about combining an EHC needs assessment with other assessments;
h about the use for the purposes of an EHC needs assessment of information obtained as a result of other assessments;
i about the use of information obtained as a result of an EHC needs assessment, including the use of that information for the purposes of other assessments;
j about the provision of information, advice and support in connection with an EHC needs assessment.

Education, health and care plans

I5I23637 Education, health and care plans

1 Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan—
a the local authority must secure that an EHC plan is prepared for the child or young person, and
b once an EHC plan has been prepared, it must maintain the plan.
2 For the purposes of this Part, an EHC plan is a plan specifying—
a the child's or young person's special educational needs;
b the outcomes sought for him or her;
c the special educational provision required by him or her;
d any health care provision reasonably required by the learning difficulties and disabilities which result in him or her having special educational needs;
e in the case of a child or a young person aged under 18, any social care provision which must be made for him or her by the local authority as a result of section 2 of the Chronically Sick and Disabled Persons Act 1970 F5...;
f any social care provision reasonably required by the learning difficulties and disabilities which result in the child or young person having special educational needs, to the extent that the provision is not already specified in the plan under paragraph (e).
3 An EHC plan may also specify other health care and social care provision reasonably required by the child or young person.
4 Regulations may make provision about the preparation, content, maintenance, amendment and disclosure of EHC plans.
5 Regulations under subsection (4) about amendments of EHC plans must include provision applying section 33 (mainstream education for children and young people with EHC plans) to a case where an EHC plan is to be amended under those regulations.

I23738 Preparation of EHC plans: draft plan

C101 Where a local authority is required to secure that an EHC plan is prepared for a child or young person, it must consult the child's parent or the young person about the content of the plan during the preparation of a draft of the plan.
2 The local authority must then—
C10a send the draft plan to the child's parent or the young person, and
C10b give the parent or young person notice of his or her right to—
i make representations about the content of the draft plan, and
ii request the authority to secure that a particular school or other institution within subsection (3) is named in the plan.
3 A school or other institution is within this subsection if it is—
a a maintained school;
b a maintained nursery school;
c an Academy;
d an institution within the further education sector in England;
e a non-maintained special school;
f an institution approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval).
4 A notice under subsection (2)(b) must specify a period before the end of which any representations or requests must be made.
C105 The draft EHC plan sent to the child's parent or the young person must not—
a name a school or other institution, or
b specify a type of school or other institution.

I23839 Finalising EHC plans: request for particular school or other institution

1 This section applies where, before the end of the period specified in a notice under section 38(2)(b), a request is made to a local authority to secure that a particular school or other institution is named in an EHC plan.
2 The local authority must consult—
a the governing body, proprietor or principal of the school or other institution,
b the governing body, proprietor or principal of any other school or other institution the authority is considering having named in the plan, and
c if a school or other institution is within paragraph (a) or (b) and is maintained by another local authority, that authority.
3 The local authority must secure that the EHC plan names the school or other institution specified in the request, unless subsection (4) applies.
4 This subsection applies where—
a the school or other institution requested is unsuitable for the age, ability, aptitude or special educational needs of the child or young person concerned, or
b the attendance of the child or young person at the requested school or other institution would be incompatible with—
i the provision of efficient education for others, or
ii the efficient use of resources.
5 Where subsection (4) applies, the local authority must secure that the plan—
a names a school or other institution which the local authority thinks would be appropriate for the child or young person, or
b specifies the type of school or other institution which the local authority thinks would be appropriate for the child or young person.
6 Before securing that the plan names a school or other institution under subsection (5)(a), the local authority must (if it has not already done so) consult—
a the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and
b if that school or other institution is maintained by another local authority, that authority.
7 The local authority must, at the end of the period specified in the notice under section 38(2)(b), secure that any changes it thinks necessary are made to the draft EHC plan.
8 The local authority must send a copy of the finalised EHC plan to—
C11a the child's parent or the young person, and
b the governing body, proprietor or principal of any school or other institution named in the plan.

I23940 Finalising EHC plans: no request for particular school or other institution

1 This section applies where no request is made to a local authority before the end of the period specified in a notice under section 38(2)(b) to secure that a particular school or other institution is named in an EHC plan.
2 The local authority must secure that the plan—
a names a school or other institution which the local authority thinks would be appropriate for the child or young person concerned, or
b specifies the type of school or other institution which the local authority thinks would be appropriate for the child or young person.
3 Before securing that the plan names a school or other institution under subsection (2)(a), the local authority must consult—
a the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and
b if that school or other institution is maintained by another local authority, that authority.
4 The local authority must also secure that any changes it thinks necessary are made to the draft EHC plan.
5 The local authority must send a copy of the finalised EHC plan to—
C12a the child's parent or the young person, and
b the governing body, proprietor or principal of any school or other institution named in the plan.

I6I24041 Independent special schools and special post-16 institutions: approval

1 The Secretary of State may approve an institution within subsection (2) for the purpose of enabling the institution to be the subject of a request for it to be named in an EHC plan.
2 An institution is within this subsection if it is—
a an independent educational institution (within the meaning of Chapter 1 of Part 4 of ESA 2008)—
i which has been entered on the register of independent educational institutions in England (kept under section 95 of that Act), and
ii which is specially organised to make special educational provision for students with special educational needs,
b an independent school—
i which has been entered on the register of independent schools in Wales (kept under section 158 of the Education Act 2002), and
ii which is specially organised to make special educational provision for pupils with special educational needs, or
c a special post-16 institution which is not an institution within the further education sector or a 16 to 19 Academy.
3 The Secretary of State may approve an institution under subsection (1) only if its proprietor consents.
4 The Secretary of State may withdraw approval given under subsection (1).
5 Regulations may make provision about giving and withdrawing approval under this section, in particular—
a about the types of special post-16 institutions which may be approved under subsection (1);
b specifying criteria which an institution must meet before it can be approved under subsection (1);
c about the matters which may or must be taken into account in deciding to give or withdraw approval;
d about the publication of a list of all institutions who are approved under this section.

I24142 Duty to secure special educational provision and health care provision in accordance with EHC Plan

1 This section applies where a local authority maintains an EHC plan for a child or young person.
2 The local authority must secure the specified special educational provision for the child or young person.
3 If the plan specifies health care provision, the responsible commissioning body must arrange the specified health care provision for the child or young person.
4 “The responsible commissioning body”, in relation to any specified health care provision, means the body (or each body) that is under a duty to arrange health care provision of that kind in respect of the child or young person.
C135 Subsections (2) and (3) do not apply if the child's parent or the young person has made suitable alternative arrangements.
6 “Specified”, in relation to an EHC plan, means specified in the plan.

I24243 Schools and other institutions named in EHC plan: duty to admit

1 Subsection (2) applies if one of the following is named in an EHC plan—
a a maintained school in England;
b a maintained nursery school in England;
c an Academy;
d an institution within the further education sector in England;
e a non-maintained special school in England;
f an institution approved by the Secretary of State under section 41.
2 The governing body, proprietor or principal of the school or other institution must admit the child or young person for whom the plan is maintained.
3 Subsection (2) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of SSFA 1998.
4 Subsection (2) does not affect any power to exclude a pupil or student from a school or other institution.

I7I57244 Reviews and re-assessments

1 A local authority must review an EHC plan that it maintains—
a in the period of 12 months starting with the date on which the plan was first made, and
b in each subsequent period of 12 months starting with the date on which the plan was last reviewed under this section.
2 A local authority must secure a re-assessment of the educational, health care and social care needs of a child or young person for whom it maintains an EHC plan if a request is made to it by—
C14a the child's parent or the young person, or
b the governing body, proprietor or principal of the school, post-16 institution or other institution which the child or young person attends.
3 A local authority may also secure a re-assessment of those needs at any other time if it thinks it necessary.
4 Subsections (1) and (2) are subject to any contrary provision in regulations made under subsection (7)(b).
5 In reviewing an EHC plan maintained for a young person aged over 18, or deciding whether to secure a re-assessment of the needs of such a young person, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.
C146 During a review or re-assessment, a local authority must consult the parent of the child, or the young person, for whom it maintains the EHC plan.
7 Regulations may make provision about reviews and re-assessments, in particular—
a about other circumstances in which a local authority must or may review an EHC plan or secure a re-assessment (including before the end of a specified phase of a child's or young person's education);
b about circumstances in which it is not necessary for a local authority to review an EHC plan or secure a re-assessment;
c about amending or replacing an EHC plan following a review or re-assessment.
8 Regulations under subsection (7) about re-assessments may in particular apply provisions of or made under this Part that are applicable to EHC needs assessments, with or without modifications.
9 Regulations under subsection (7)(c) must include provision applying section 33 (mainstream education for children and young people with EHC plans) to a case where an EHC plan is to be amended following a review.

I8I24345 Ceasing to maintain an EHC plan

1 A local authority may cease to maintain an EHC plan for a child or young person only if—
a the authority is no longer responsible for the child or young person, or
b the authority determines that it is no longer necessary for the plan to be maintained.
2 The circumstances in which it is no longer necessary for an EHC plan to be maintained for a child or young person include where the child or young person no longer requires the special educational provision specified in the plan.
3 When determining whether a young person aged over 18 no longer requires the special educational provision specified in his or her EHC plan, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.
4 A local authority may not cease to maintain an EHC plan for a child or young person until—
a after the end of the period allowed for bringing an appeal under section 51 against its decision to cease to maintain the plan, where no such appeal is brought before the end of that period;
b after the appeal has been finally determined, where such an appeal is brought before the end of that period.
5 Regulations may make provision about ceasing to maintain an EHC plan, in particular about—
a other circumstances in which it is no longer necessary for an EHC plan to be maintained;
b circumstances in which a local authority may not determine that it is no longer necessary for an EHC plan to be maintained;
c the procedure to be followed by a local authority when determining whether to cease to maintain an EHC plan.

I9I24446 Maintaining an EHC plan after young person's 25th birthday

1 A local authority may continue to maintain an EHC plan for a young person until the end of the academic year during which the young person attains the age of 25.
2 “Academic year” means the period of twelve months ending on the prescribed date.

I10I24547 Transfer of EHC plans

1 Regulations may make provision for an EHC plan maintained for a child or young person by one local authority to be transferred to another local authority in England, where the other authority becomes responsible for the child or young person.
2 The regulations may in particular—
a impose a duty on the other authority to maintain the plan;
b treat the plan as if originally prepared by the other authority;
c treat things done by the transferring authority in relation to the plan as done by the other authority.

I24648 Release of child or young person for whom EHC plan previously maintained

1 This section applies where—
a a child or young person who has been subject to a detention order (within the meaning of section 562(1A)(a) of EA 1996) is released,
b on the release date, a local authority in England becomes responsible for him or her, and
c an EHC plan was—
i maintained for him or her immediately before the start of the detention, or
ii kept for him or her under section 74 during the detention.
2 The local authority must—
a maintain the plan, and
b review the plan as soon as reasonably practicable after the release date.
3 Subsection (2)(b) is subject to any contrary provision in regulations under section 44(7)(b).

I11I24749 Personal budgets and direct payments

C151 A local authority that maintains an EHC plan, or is securing the preparation of an EHC plan, for a child or young person must prepare a personal budget for him or her if asked to do so by the child's parent or the young person.
C152 The authority prepares a “personal budget” for the child or young person if it identifies an amount as available to secure particular provision that is specified, or proposed to be specified, in the EHC plan, with a view to the child's parent or the young person being involved in securing the provision.
3 Regulations may make provision about personal budgets, in particular—
a about requests for personal budgets;
b about the amount of a personal budget;
c about the sources of the funds making up a personal budget;
C15d for payments (“direct payments”) representing all or part of a personal budget to be made to a child's parent or a young person, or a person of a prescribed description in prescribed circumstances, in order to secure provision to which the budget relates;
e about the description of provision to which personal budgets and direct payments may (and may not) relate;
f for a personal budget or direct payment to cover the agreed cost of the provision to which the budget or payment relates;
g about when, how, to whom and on what conditions direct payments may (and may not) be made;
h about when direct payments may be required to be repaid and the recovery of unpaid sums;
i about conditions with which a person or body making direct payments must comply before, after or at the time of making a direct payment;
j about arrangements for providing information, advice or support in connection with personal budgets and direct payments.
4 If the regulations include provision authorising direct payments, they must—
C15a require the consent of a child's parent or a young person, or a person of a prescribed description in prescribed circumstances, to be obtained before direct payments are made;
b require the authority to stop making direct payments where the required consent is withdrawn.
5 Special educational provision acquired by means of a direct payment made by a local authority is to be treated as having been secured by the authority in pursuance of its duty under section 42(2), subject to any prescribed conditions or exceptions.
6 Subsection (7) applies if—
a an EHC plan is maintained for a child or young person, and
b health care provision specified in the plan is acquired for him or her by means of a payment made by a commissioning body under section 12A(1) of the National Health Service Act 2006 (direct payments for health care).
7 The health care provision is to be treated as having been arranged by the commissioning body in pursuance of its duty under section 42(3) of this Act, subject to any prescribed conditions or exceptions.
8 “Commissioning body”, in relation to any specified health care provision, means a body that is under a duty to arrange health care provision of that kind in respect of the child or young person.

I24850 Continuation of services under section 17 of the Children Act 1989

After section 17 of the Children Act 1989 (provision of services for children etc) insert—

Appeals, mediation and dispute resolution

I12I24951 Appeals

C161 A child's parent or a young person may appeal to the First-tier Tribunal against the matters set out in subsection (2), subject to section 55 (mediation).
2 The matters are—
a a decision of a local authority not to secure an EHC needs assessment for the child or young person;
b a decision of a local authority, following an EHC needs assessment, that it is not necessary for special educational provision to be made for the child or young person in accordance with an EHC plan;
c where an EHC plan is maintained for the child or young person—
i the child's or young person's special educational needs as specified in the plan;
ii the special educational provision specified in the plan;
iii the school or other institution named in the plan, or the type of school or other institution specified in the plan;
iv if no school or other institution is named in the plan, that fact;
d a decision of a local authority not to secure a re-assessment of the needs of the child or young person under section 44 following a request to do so;
e a decision of a local authority not to secure the amendment or replacement of an EHC plan it maintains for the child or young person following a review or re-assessment under section 44;
f a decision of a local authority under section 45 to cease to maintain an EHC plan for the child or young person.
C163 A child's parent or a young person may appeal to the First-tier Tribunal under subsection (2)(c)—
a when an EHC plan is first finalised for the child or young person, and
b following an amendment or replacement of the plan.
4 Regulations may make provision about appeals to the First-tier Tribunal in respect of EHC needs assessments and EHC plans, in particular about—
a other matters relating to EHC plans against which appeals may be brought;
b making and determining appeals;
c the powers of the First-tier Tribunal on determining an appeal;
d unopposed appeals.
5 Regulations under subsection (4)(c) may include provision conferring power on the First-tier Tribunal, on determining an appeal against a matter, to make recommendations in respect of other matters (including matters against which no appeal may be brought).
6 A person commits an offence if without reasonable excuse that person fails to comply with any requirement—
a in respect of the discovery or inspection of documents, or
b to attend to give evidence and produce documents,
where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section or regulations under subsection (4)(a).
7 A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

I13I25052 Right to mediation

1 This section applies where—
a a decision against which an appeal may be brought under section 51 is made in respect of a child or young person, or
b an EHC plan for a child or young person is made, amended or replaced.
C172 Before the end of the prescribed period after the decision is made, or the plan is made, amended or replaced, the local authority must notify the child's parent or the young person of—
a the right to mediation under section 53 or 54, and
b the requirement to obtain a certificate under section 55 before making certain appeals.
C173 If the parent or young person wishes to pursue mediation under section 53 or 54, he or she must inform the local authority of—
a that fact, and
b the issues in respect of which he or she wishes to pursue mediation (“the mediation issues”).
C174 If the mediation issues are, or include, the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan, the parent or young person must also inform the local authority of the health care provision which he or she wishes to be specified in the plan.

I25153 Mediation: health care issues

1 This section applies where—
C18a the parent or young person informs the local authority under section 52 that he or she wishes to pursue mediation, and
b the mediation issues include health care provision specified in the plan or the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan.
2 The local authority must notify each relevant commissioning body of—
a the mediation issues, and
b anything of which it has been informed by the parent or young person under section 52(4).
3 If the mediation issues are limited to the health care provision specified in the plan or the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan, the responsible commissioning body (or, where there is more than one, the responsible commissioning bodies acting jointly) must—
C18a arrange for mediation between it (or them) and the parent or young person,
b ensure that the mediation is conducted by an independent person, and
c participate in the mediation.
4 If the mediation issues include anything else—
a the local authority must—
C18i arrange for mediation between it, each responsible commissioning body and the parent or young person,
ii ensure that the mediation is conducted by an independent person, and
iii participate in the mediation, and
b each responsible commissioning body must also participate in the mediation.
5 For the purposes of this section, a person is not independent if he or she is employed by any of the following—
a a local authority in England;
b an integrated care board;
c NHS England.
6 In this section “responsible commissioning body”—
a if the mediation issues in question are or include the health care provision specified in an EHC plan, means a body that is under a duty to arrange health care provision of that kind in respect of the child or young person;
b if the mediation issues in question are or include the fact that no health care provision, or no health care provision of a particular kind, is specified in an EHC plan, means a body that would be under a duty to arrange health care provision of the kind in question if it were specified in the plan.

I25254 Mediation: educational and social care issues etc

1 This section applies where—
C19a the parent or young person informs the local authority under section 52 that he or she wishes to pursue mediation, and
b the mediation issues do not include health care provision specified in the plan or the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan.
2 The local authority must—
C19a arrange for mediation between it and the parent or young person,
b ensure that the mediation is conducted by an independent person, and
c participate in the mediation.
3 For the purposes of this section, a person is not independent if he or she is employed by a local authority in England.

I25355 Mediation

C201 This section applies where a child's parent or young person intends to appeal to the First-tier Tribunal under section 51 or regulations made under that section in respect of—
a a decision of a local authority, or
b the content of an EHC plan maintained by a local authority.
2 But this section does not apply in respect of an appeal concerning only—
a the school or other institution named in an EHC plan;
b the type of school or other institution specified in an EHC plan;
c the fact that an EHC plan does not name a school or other institution.
C203 The parent or young person may make the appeal only if a mediation adviser has issued a certificate to him or her under subsection (4) or (5).
C204 A mediation adviser must issue a certificate under this subsection to the parent or young person if—
a the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and
b the parent or young person has informed the adviser that he or she does not wish to pursue mediation.
C205 A mediation adviser must issue a certificate under this subsection to the parent or young person if the adviser has provided him or her with information and advice about pursuing mediation under section 53 or 54, and the parent or young person has—
a informed the adviser that he or she wishes to pursue mediation under the appropriate section, and
b participated in such mediation.

I14I25456 Mediation: supplementary

1 Regulations may make provision for the purposes of sections 52 to 55, in particular—
a about giving notice;
b imposing time limits;
c enabling a local authority or commissioning body to take prescribed steps following the conclusion of mediation;
d about who may attend mediation;
e where a child's parent is a party to mediation, requiring the mediator to take reasonable steps to ascertain the views of the child;
C21f about the provision of advocacy and other support services for the parent or young person;
g requiring a local authority or commissioning body to pay reasonable travel expenses and other expenses of a prescribed description, up to any prescribed limit;
h about exceptions to the requirement in section 55(3);
i about the training, qualifications and experience of mediators and mediation advisers;
j conferring powers or imposing requirements on local authorities, commissioning bodies, mediators and mediation advisers.
2 In section 55 and this section “mediation adviser” means an independent person who can provide information and advice about pursuing mediation.
3 For the purposes of subsection (2), a person is not independent if he or she is employed by any of the following—
a a local authority in England;
b an integrated care board;
c NHS England.
4 In this section “commissioning body” means a body that is under a duty to arrange health care provision of any kind.

I25557 Resolution of disagreements

1 A local authority in England must make arrangements with a view to avoiding or resolving disagreements within subsection (2) or (3).
2 The disagreements within this subsection are those about the exercise by the local authority or relevant bodies of their functions under this Part, where the disagreement is between—
a the local authority or a relevant body, and
C22b the parents of children, and young people, in the authority's area.
3 The disagreements within this subsection are those about the exercise by the local authority of its functions relating to EHC needs assessments, the preparation and review of EHC plans, and re-assessment of educational, health care and social care needs, where the disagreement is between—
a the local authority and a responsible commissioning body, or
C22b a responsible commissioning body and the parents of children, or young people, in the authority's area.
4 A local authority in England must make arrangements with a view to avoiding or resolving, in each relevant school or post-16 institution, disagreements within subsection (5).
5 The disagreements within this subsection are those about the special educational provision made for a child or young person with special educational needs who is a registered pupil or a student at the relevant school or post-16 institution concerned, where the disagreement is between—
C22a the child's parent, or the young person, and
b the appropriate authority for the school or post-16 institution.
6 Arrangements within this section must provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of the disagreements to which the arrangements apply.
7 For the purposes of subsection (6) a person is not independent if he or she is employed by any of the following—
a a local authority in England;
b an integrated care board;
c NHS England.
8 A local authority in England must take such steps as it thinks appropriate for making the arrangements under this section known to—
a the parents of children in its area with special educational needs,
C22b young people in its area with special educational needs, and
c the head teachers, governing bodies, proprietors and principals of schools and post-16 institutions in its area.
9 A local authority in England may take such steps as it thinks appropriate for making the arrangements under this section known to such other persons as it thinks appropriate.
10 In this section—
  • “relevant body” means—
    1. the governing body of a maintained school, maintained nursery school or institution within the further education sector;
    2. the proprietor of an Academy;
  • “relevant school or post-16 institution” means—
    1. a maintained school;
    2. a maintained nursery school;
    3. a post-16 institution;
    4. an Academy;
    5. an independent school;
    6. a non-maintained special school;
    7. a pupil referral unit;
    8. a place at which relevant early years education is provided;
  • “responsible commissioning body”, in relation to any particular health care provision, means a body that is under a duty to arrange health care provision of that kind in respect of the child or young person concerned.
11 For the purposes of this section, the “appropriate authority” for a relevant school or post-16 institution is—
a in the case of a maintained school, maintained nursery school or non-maintained special school, the governing body;
b in the case of a post-16 institution, the governing body, proprietor or principal;
c in the case of an Academy or independent school, the proprietor;
d in the case of a pupil referral unit, the management committee;
e in the case of a place at which relevant early years education is provided, the provider of the relevant early years education.

I25658 Appeals and claims by children: pilot schemes

1 The Secretary of State may by order make pilot schemes enabling children in England to—
a appeal to the First-tier Tribunal under section 51;
b make a claim to the First-tier Tribunal under Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) that a responsible body in England has contravened Chapter 1 of Part 6 of that Act because of the child's disability.
2 An order under subsection (1) may, in particular, make provision—
a about the age from which children may appeal or make a claim;
b in respect of appeals under section 51, about mediation and the application of section 55;
c about the bringing of appeals or making of claims by a child and by his or her parent concurrently;
d about determining whether a child is capable of bringing an appeal or making a claim, and the assistance and support a child may require to be able to do so;
e enabling a person to exercise a child's rights under an order under subsection (1) on behalf of the child;
f enabling children to have access to advice and information which is available to a parent or young person in respect of an appeal or claim of a kind mentioned in subsection (1);
g about the provision of advocacy and other support services to children;
h requiring notices to be given to a child (as well as to his or her parent);
i requiring documents to be served on a child (as well as on his or her parent).
3 An order under subsection (1) may apply a statutory provision, with or without modifications.
4 In subsection (3), “ statutory provision ” means a provision made by or under this or any other Act, whenever passed or made.
5 This section is repealed at the end of five years beginning with the day on which this Act is passed.

I25759 Appeals and claims by children: follow-up provision

1 The Secretary of State may by order provide that children in England may—
a appeal to the First-tier Tribunal under section 51;
b make a claim to the First-tier Tribunal under Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) that a responsible body in England has contravened Chapter 1 of Part 6 of that Act because of the child's disability.
2 The Secretary of State may not make an order under subsection (1) until the end of two years beginning with the day on which the first order is made under section 58(1).
3 An order under subsection (1) may, in particular, make provision—
a about the age from which children may appeal or make a claim;
b in respect of appeals under section 51, about mediation and the application of section 55;
c about the bringing of appeals or making of claims by a child and by his or her parent concurrently;
d about determining whether a child is capable of bringing an appeal or making a claim, and the assistance and support a child may require to be able to do so;
e enabling a person to exercise a child's rights under an order under subsection (1) on behalf of the child;
f enabling children to have access to advice and information which is available to a parent or young person in respect of an appeal or claim of a kind mentioned in subsection (1);
g about the provision of advocacy and other support services to children;
h requiring notices to be given to a child (as well as to his or her parent);
i requiring documents to be served on a child (as well as on his or her parent).
4 An order under subsection (1) may—
a amend, repeal or revoke a statutory provision, or
b apply a statutory provision, with or without modifications.
5 In subsection (4), “statutory provision” means a provision made by or under this or any other Act, whenever passed or made.

I25860 Equality Act 2010: claims against schools by disabled young people

In Part 2 of Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement in tribunals in England and Wales), in paragraph 3 (who may make a claim that a school has contravened Chapter 1 of Part 6 of that Act because of a person's disability) for “to the Tribunal by the person's parent” substitute

Special educational provision: functions of local authorities

I25961 Special educational provision otherwise than in schools, post-16 institutions etc

1 A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
2 An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.
C233 Before doing so, the authority must consult the child's parent or the young person.

I26062 Special educational provision outside England and Wales

1 This section applies where a local authority in England makes arrangements for a child or young person for whom it maintains an EHC plan to attend an institution outside England and Wales which specialises in providing for children or young people with special educational needs.
2 The arrangements may (in particular) include contributing to or paying—
a fees charged by the institution;
b the child's or young person's travelling expenses;
c expenses reasonably incurred in maintaining the child or young person while at the institution or travelling to or from it;
d expenses reasonably incurred by someone accompanying the child or young person while travelling to or from the institution or staying there.

I26163 Fees for special educational provision at non-maintained schools and post-16 institutions

1 Subsection (2) applies where—
a a local authority maintains an EHC plan for a child or young person,
b special educational provision in respect of the child or young person is made at a school, post-16 institution or place at which relevant early years education is provided, and
c that school, institution or place is named in the EHC plan.
2 The local authority must pay any fees payable in respect of education or training provided for the child or young person at that school, institution or place in accordance with the EHC plan.
3 Subsection (4) applies where—
a a local authority is responsible for a child or young person for whom no EHC plan is maintained,
b special educational provision in respect of the child or young person is made at a school, post-16 institution or place at which relevant early years education is provided, and
c the local authority is satisfied that—
i the interests of the child or young person require special educational provision to be made, and
ii it is appropriate for education or training to be provided to the child or young person at the school, institution or place in question.
4 The local authority must pay any fees payable in respect of the special educational provision made at the school, institution or place in question which is required to meet the special educational needs of the child or young person.
5 Where board and lodging are provided for the child or young person at the school, post-16 institution or place mentioned in subsection (2) or (4), the authority must also pay any fees in respect of the board and lodging, if satisfied that special educational provision cannot be provided at the school, post-16 institution or place unless the board and lodging are also provided.

I26264 Supply of goods and services

1 A local authority in England may supply goods and services to—
a the governing body of a maintained school or maintained nursery school in England;
b the proprietor of an Academy;
c the governing body of an institution within the further education sector that the authority thinks is or is to be attended by a young person for whom the authority maintains an EHC plan,
but only for the purpose set out in subsection (2).
2 The purpose is that of assisting the governing body or proprietor in the performance of—
a any duty imposed on the body under section 66(2) (duty to use best endeavours to secure special educational provision called for by special educational needs);
b in the case of a governing body of a community or foundation special school, any duty imposed on the body.
3 The goods and services may be supplied on the terms and conditions that the authority thinks fit, including terms as to payment.
4 A local authority in England may supply goods and services to any authority or other person (other than a governing body or proprietor within subsection (1)), but only for the purpose set out in subsection (5).
5 The purpose is that of assisting the authority or other person in making special educational provision for a child who is receiving relevant early years education, in a case where the authority has decided that the special educational provision is necessary for the child.

I26365 Access to schools, post-16 institutions and other institutions

1 This section applies where a local authority in England maintains an EHC plan for a child or young person.
2 A person authorised by the authority is entitled to have access at any reasonable time to the premises of a school, post-16 institution or other institution at which education or training is provided in pursuance of the plan, for the purpose of monitoring the education or training.
3 Subsection (2) does not apply to the premises of a mainstream post-16 institution in Wales.

Special educational provision: functions of governing bodies and others

I26466 Using best endeavours to secure special educational provision

1 This section imposes duties on the appropriate authorities for the following schools and other institutions in England—
a mainstream schools;
b maintained nursery schools;
c 16 to 19 Academies;
d alternative provision Academies;
e institutions within the further education sector;
f pupil referral units.
2 If a registered pupil or a student at a school or other institution has special educational needs, the appropriate authority must, in exercising its functions in relation to the school or other institution, use its best endeavours to secure that the special educational provision called for by the pupil's or student's special educational needs is made.
3 The “appropriate authority” for a school or other institution is—
a in the case of a maintained school, maintained nursery school or institution within the further education sector, the governing body;
b in the case of an Academy, the proprietor;
c in the case of a pupil referral unit, the management committee.

I15I26567 SEN co-ordinators

1 This section imposes duties on the appropriate authorities of the following schools in England—
a mainstream schools;
b maintained nursery schools.
2 The appropriate authority must designate a member of staff at the school (to be known as the “SEN co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.
3 Regulations may—
a require appropriate authorities which are subject to the duty imposed by subsection (2) to ensure that SEN co-ordinators have prescribed qualifications or prescribed experience (or both);
b confer other functions relating to SEN co-ordinators on appropriate authorities which are subject to the duty imposed by subsection (2).
4 The “appropriate authority” for a school is—
a in the case of a maintained school or maintained nursery school, the governing body;
b in the case of an Academy, the proprietor.

I26668 Informing parents and young people

1 This section applies if—
a special educational provision is made for a child or young person at a maintained school, a maintained nursery school, an Academy school, an alternative provision Academy or a pupil referral unit, and
b no EHC plan is maintained for the child or young person.
C242 The appropriate authority for the school must inform the child's parent or the young person that special educational provision is being made for the child or young person.
3 The “appropriate authority” for a school is—
a in the case of a maintained school or maintained nursery school, the governing body;
b in the case of an Academy school or an alternative provision Academy, the proprietor;
c in the case of a pupil referral unit, the management committee.

I16I26769 SEN information report

1 This section imposes a duty on—
a the governing bodies of maintained schools and maintained nursery schools in England, and
b the proprietors of Academy schools.
2 A governing body or proprietor must prepare a report containing SEN information.
3 “SEN information” is—
a such information as may be prescribed about the implementation of the governing body's or proprietor's policy for pupils at the school with special educational needs;
b information as to—
i the arrangements for the admission of disabled persons as pupils at the school;
ii the steps taken to prevent disabled pupils from being treated less favourably than other pupils;
iii the facilities provided to assist access to the school by disabled pupils;
iv the plan prepared by the governing body or proprietor under paragraph 3 of Schedule 10 to the Equality Act 2010 (accessibility plan).
4 In this section—
  • “disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010;
  • “disabled pupil” includes a disabled person who may be admitted to a school as a pupil.

Detained persons

70 Application of Part to detained persons

I268I4871 Subject to this section and sections 71 to 75, nothing in or made under this Part applies to, or in relation to, a child or young person detained in pursuance of—
a an order made by a court, or
b an order of recall made by the Secretary of State.
I4882 Subsection (1) does not apply to—
a section 28;
b section 31;
c section 77;
d section 80;
e section 83;
f any amendment made by this Part of a provision which applies to, or in relation to, a child or young person detained in pursuance of—
i an order made by a court, or
ii an order of recall made by the Secretary of State.
I4883 Regulations may apply any provision of this Part, with or without modifications, to or in relation to a child or young person detained in pursuance of—
a an order made by a court, or
b an order of recall made by the Secretary of State.
I4884 The Secretary of State must consult the Welsh Ministers before making regulations under subsection (3) which will apply any provision of this Part to, or in relation to, a child or young person who is detained in Wales.
C25I4885 For the purposes of this Part—
  • “appropriate person”, in relation to a detained person, means—
    1. where the detained person is a child, the detained person's parent, or
    2. where the detained person is a young person, the detained person;
  • “detained person” means a child or young person who is—
    1. 18 or under,
    2. subject to a detention order (within the meaning of section 562(1A)(a) of EA 1996), and
    3. detained in relevant youth accommodation,
    and in provisions applying on a person's release, includes a person who, immediately before release, was a detained person;
  • “detained person's EHC needs assessment” means an assessment of what the education, health care and social care needs of a detained person will be on his or her release from detention;
  • “relevant youth accommodation” has the same meaning as in section 562(1A)(b) of EA 1996, save that it does not include relevant youth accommodation which is not in England.
I4886 For the purposes of this Part—
a “beginning of the detention” has the same meaning as in Chapter 5A of Part 10 of EA 1996 (persons detained in youth accommodation), and
b “the home authority” has the same meaning as in that Chapter, subject to regulations under subsection (7) (and regulations under section 562J(4) of EA 1996 made by the Secretary of State may also make provision in relation to the definition of “the home authority” for the purposes of this Part).
I4887 For the purposes of this Part, regulations may provide for paragraph (a) of the definition of “the home authority” in section 562J(1) of EA 1996 (the home authority of a looked after child) to apply with modifications in relation to such provisions of this Part as may be specified in the regulations.

I48971 Assessment of post-detention education, health and care needs of detained persons

1 This section applies in relation to a detained person for whom—
a the home authority is a local authority in England, and
b no EHC plan is being kept by a local authority.
2 A request to the home authority to secure a detained person's EHC needs assessment for the detained person may be made by—
a the appropriate person, or
b the person in charge of the relevant youth accommodation where the detained person is detained.
3 Where this subsection applies, the home authority must determine whether it may be necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention.
4 Subsection (3) applies where—
a a request is made under subsection (2),
b the detained person has been brought to the home authority's attention by any person as someone who has or may have special educational needs, or
c the detained person has otherwise come to the home authority's attention as someone who has or may have special educational needs.
5 In making a determination under subsection (3), the home authority must consult—
a the appropriate person, and
b the person in charge of the relevant youth accommodation where the detained person is detained.
6 Where the home authority determines that it will not be necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention, it must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained—
a of the reasons for that determination, and
b that accordingly it has decided not to secure a detained person's EHC needs assessment for the detained person.
7 Subsection (8) applies where—
a the detained person has not been assessed under this section or section 36 during the previous six months, and
b the home authority determines that it may be necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention.
8 The home authority must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained—
a that it is considering securing a detained person's EHC needs assessment for the detained person, and
b that the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained each have the right to—
i express views to the authority (orally or in writing), and
ii submit evidence to the authority.
9 The home authority must secure a detained person's EHC needs assessment if, after having regard to any views expressed and evidence submitted under subsection (8), the authority is of the opinion that—
a the detained person has or may have special educational needs, and
b it may be necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention.
10 After a detained person's EHC needs assessment has been carried out, the local authority must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained of—
a the outcome of the assessment,
b whether it proposes to secure that an EHC plan is prepared for the detained person, and
c the reasons for that decision.
11 Regulations may make provision about detained persons' EHC needs assessments, in particular—
a about requests under subsection (2);
b imposing time limits in relation to consultation under subsection (5);
c about giving notice;
d about expressing views and submitting evidence under subsection (8);
e about how detained persons' EHC needs assessments are to be conducted;
f about advice to be obtained in connection with a detained person's EHC needs assessment;
g about combining a detained person's EHC needs assessment with other assessments;
h about the use for the purposes of a detained person's EHC needs assessment of information obtained as a result of other assessments;
i about the use of information obtained as a result of a detained person's EHC needs assessment, including the use of that information for the purposes of other assessments;
j about the provision of information, advice and support in connection with a detained person's EHC needs assessment.

I49072 Securing EHC plans for certain detained persons

1 Where, in the light of a detained person's EHC needs assessment it is necessary for special education provision to be made for the detained person in accordance with an EHC plan on release from detention, the home authority must secure that an EHC plan is prepared for him or her.
2 Sections 37(2) to (5) and 38 to 40 apply in relation to an EHC plan secured under subsection (1) as they apply to an EHC plan secured under section 37(1), with the following modifications—
a references to “the child or young person” are to be read as references to the detained person,
b references to the local authority are to be read as references to the home authority, and
c references to the child's parent or the young person are to be read as references to the appropriate person.
3 Section 33(2) to (7) apply where a home authority is securing the preparation of an EHC plan under this section as they apply where a local authority is securing a plan under section 37, with the following modifications—
a references to “the child or young person” are to be read as references to the detained person,
b references to the local authority are to be read as references to the home authority,
c references to the child's parent or the young person are to be read as references to the appropriate person, and
d the reference in subsection (2) to section 39(5) and 40(2) is to be read as a reference to those provisions as applied by subsection (2) of this section.

I49173 EHC plans for certain detained persons: appeals and mediation

1 An appropriate person in relation to a detained person may appeal to the First-tier Tribunal against the matters set out in subsection (2), subject to section 55 (as applied by this section).
2 The matters are—
a a decision of the home authority not to secure a detained person's EHC needs assessment for the detained person;
b a decision of the home authority, following a detained person's EHC needs assessment, that it is not necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention;
c where an EHC plan is secured for the detained person—
i the school or other institution named in the plan, or the type of school or other institution named in the plan;
ii if no school or other institution is named in the plan, that fact.
3 The appropriate person may appeal to the First-tier Tribunal under subsection (2)(c) only when an EHC plan is first finalised for the detained person in accordance with section 72.
4 Regulations may make provision about appeals to the First-tier Tribunal in respect of detained persons' EHC needs assessments and EHC plans secured under section 72, in particular about—
a making and determining appeals;
b the powers of the First-tier Tribunal on determining an appeal;
c unopposed appeals.
5 A person commits an offence if without reasonable excuse that person fails to comply with any requirement—
a in respect of the discovery or inspection of documents, or
b to attend to give evidence and produce documents,
where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section.
6 A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7 Section 55(2) to (5) apply where an appropriate person intends to appeal to the First-tier Tribunal under this section as they apply where a child's parent or young person intends to appeal under section 51, with the following modifications—
a references to the child's parent or young person are to be read as references to the appropriate person, and
b references to mediation under section 53 or 54 are to be read as references to mediation with the home authority.
8 Where, by virtue of subsection (7), the appropriate person has informed the mediation adviser that he or she wishes to pursue mediation with the home authority—
a the adviser must notify the authority, and
b the authority must—
i arrange for mediation between it and the appropriate person,
ii ensure that the mediation is conducted by an independent person, and
iii participate in the mediation.
For this purpose a person is not independent if he or she is employed by a local authority in England.
9 Regulations under section 56 may make provision for the purposes of subsections (7) and (8) of this section, and accordingly section 56 has effect for those purposes with the following modifications—
a the references in subsection (1) to commissioning bodies are to be ignored;
b the reference in subsection (1)(e) to a child's parent is to be read as a reference to the parent of a detained person who is a child;
c the reference in subsection (1)(f) to the child's parent or young person is to be read as a reference to the appropriate person;
d in subsection (3), paragraphs (b) and (c) are to be ignored;
e subsection (4) is to be ignored.

I49274 Duty to keep EHC plans for detained persons

1 This section applies in relation to a detained person—
a for whom a local authority in England was maintaining an EHC plan immediately before the beginning of his or her detention, or
b for whom the home authority has secured the preparation of an EHC plan under section 72.
2 The home authority must keep the EHC plan while the person is detained in relevant youth accommodation.
3 Regulations may make provision about the keeping of EHC plans under subsection (2), and the disclosure of such plans.
4 The home authority must arrange appropriate special educational provision for the detained person while he or she is detained in relevant youth accommodation.
5 If the EHC plan specifies health care provision, the detained person's health services commissioner must arrange appropriate health care provision for the detained person while he or she is detained in relevant youth accommodation.
6 For the purposes of subsection (4), appropriate special educational provision is—
a the special educational provision specified in the EHC plan, or
b if it appears to the home authority that it is not practicable for that special educational provision to be provided, educational provision corresponding as closely as possible to that special educational provision, or
c if it appears to the home authority that the special educational provision specified in the plan is no longer appropriate for the person, such special educational provision as reasonably appears to the home authority to be appropriate.
7 For the purposes of subsection (5), appropriate health care provision is—
a the health care provision specified in the EHC plan, or
b if it appears to the detained person's health services commissioner that it is not practicable for that health care provision to be provided, health care provision corresponding as closely as possible to that health care provision, or
c if it appears to the detained person's health services commissioner that the health care provision specified in the plan is no longer appropriate for the person, such health care provision as reasonably appears to the detained person's health services commissioner to be appropriate.
8 In this section, “detained person's health services commissioner”, in relation to a detained person, means the body that is under a duty under the National Health Service Act 2006 to arrange for the provision of services or facilities in respect of the detained person during his or her detention.

I49375 Supply of goods and services: detained persons

1 A local authority in England may supply goods and services to any authority or other person making special educational provision for a detained person, but only for the purpose set out in subsection (2).
2 The purpose is that of assisting the local authority in the performance of a duty under section 74.
3 The goods and services may be supplied on the terms and conditions that the authority thinks fit, including terms as to payment.

Information to improve well-being of children and young people with SEN

I26976 Provision and publication of special needs information

1 The Secretary of State must exercise the powers listed in subsection (2) with a view to securing, in particular, the provision of special needs information which the Secretary of State thinks would be likely to assist the Secretary of State or others in improving the well-being of—
a children in England with special educational needs, and
b young people aged under 19 in England with special educational needs.
2 The powers are those of the Secretary of State under the following provisions of EA 1996 (so far as relating to England)—
a section 29 (information from local authorities for purposes of Secretary of State's functions);
b section 408 (information in relation to maintained schools);
c section 537 (information about schools);
d section 537A (information about individual pupils);
e section 537B (information about children receiving funded education outside school);
f section 538 (information from governing bodies for purposes of Secretary of State's education functions).
3 In each calendar year, the Secretary of State must publish, or arrange to be published, special needs information which has been obtained under EA 1996, where the Secretary of State thinks the publication of the information would be likely to assist the Secretary of State or others in improving the well-being of —
a children in England with special educational needs, and
b young people aged under 19 in England with special educational needs.
4 Information published under subsection (3) must be published in the form and manner that the Secretary of State thinks fit, except that the names of the children and young people to whom the information relates must not be included.
5 The Secretary of State may make a charge, or arrange for a charge to be made, for documents supplied by virtue of this section.
6 A charge under subsection (5) must not exceed the cost of supply.
7 “Special needs information” means—
a information about children, and young people, in England with special educational needs, and
b information about special educational provision made for those children and young people.
8 References in this section to the well-being of children and young people with special educational needs are to their well-being so far as relating to—
a physical and mental health and emotional well-being;
b protection from abuse and neglect;
c control by them over their day-to-day lives;
d participation in education, training or recreation;
e social and economic well-being;
f domestic, family and personal relationships;
g the contribution made by them to society.

Code of practice

I27077 Code of practice

1 The Secretary of State must issue a code of practice giving guidance about the exercise of their functions under this Part to—
a local authorities in England;
b the governing bodies of schools;
c the governing bodies of institutions within the further education sector;
d the proprietors of Academies;
e the management committees of pupil referral units;
f the proprietors of institutions approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval);
g providers of relevant early years education;
h youth offending teams;
i persons in charge of relevant youth accommodation;
j NHS England;
k integrated care boards;
l NHS trusts;
m NHS foundation trusts;
n Local Health Boards.
2 The Secretary of State may revise the code from time to time.
3 The Secretary of State must publish the current version of the code.
4 The persons listed in subsection (1) must have regard to the code in exercising their functions under this Part.
5 Those who exercise functions for the purpose of the exercise by those persons of functions under this Part must also have regard to the code.
6 The First-tier Tribunal must have regard to any provision of the code that appears to it to be relevant to a question arising on an appeal under this Part.

I16178 Making and approval of code

1 Where the Secretary of State proposes to issue or revise a code under section 77, the Secretary of State must prepare a draft of the code (or revised code).
2 The Secretary of State must consult such persons as the Secretary of State thinks fit about the draft and must consider any representations made by them.
3 If the Secretary of State decides to proceed with the draft (in its original form or with modifications), the Secretary of State must lay a copy of the draft before each House of Parliament.
4 The Secretary of State may not take any further steps in relation to—
a a proposed code unless the draft is approved by a resolution of each House, or
b a proposed revised code if, within the 40-day period, either House resolves not to approve the draft.
5 Subsection (6) applies if—
a both Houses resolve to approve the draft, as mentioned in subsection (4)(a), or
b neither House resolves not to approve the draft, as mentioned in subsection (4)(b).
6 The Secretary of State must issue the code or revised code in the form of the draft, and it comes into force on such date as the Secretary of State may by order appoint.
7 Subsection (4) does not prevent a new draft of a proposed code (or proposed revised code) from being laid before Parliament.
8 In this section “40-day period”, in relation to the draft of a proposed revised code, means—
a if the draft is laid before one House on a later day than the day on which it is laid before the other, the period of 40 days beginning with the later of the two days, and
b in any other case, the period of 40 days beginning with the day on which the draft is laid before each House.
9 For the purposes of subsection (8), no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

I27179 Review of resolution of disagreements

1 The Secretary of State and the Lord Chancellor must carry out a review of how effectively disagreements about the exercise of functions under this Part are being resolved.
2 The Secretary of State and the Lord Chancellor must prepare a report on the outcome of the review.
3 The Secretary of State and the Lord Chancellor must lay the report before Parliament before the end of the period of three years beginning with the earliest date on which any provision of this Part comes into force.

Supplementary

I17I27280 Parents and young people lacking capacity

1 Regulations may apply any statutory provision with modifications, for the purpose of giving effect to this Part in a case where the parent of a child, or a young person, lacks capacity at the relevant time.
2 Regulations under subsection (1) may in particular include provision for—
a references to a child's parent to be read as references to, or as including references to, a representative of the parent;
b references to a young person to be read as references to, or as including references to, a representative of the young person, the young person's parent, or a representative of the young person's parent;
c modifications to have effect in spite of section 27(1)(g) of the Mental Capacity Act 2005 (Act does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf).
3 “Statutory provision” means a provision made by or under this or any other Act, whenever passed or made.
4 “The relevant time” means the time at which, under the statutory provision in question, something is required or permitted to be done by or in relation to the parent or young person.
5 The reference in subsection (1) to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005.
6 “Representative”, in relation to a parent or young person, means—
a a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or young person's behalf in relation to matters within this Part;
b the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or young person to make decisions on his or her behalf in relation to matters within this Part;
c an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or young person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.

I27381 Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in England

Chapter 1 of Part 4 of EA 1996 (children with special educational needs) ceases to apply in relation to children in the area of a local authority in England.

I27482 Consequential amendments

Schedule 3 (amendments consequential on this Part) has effect.

I27583 Interpretation of Part 3

1 In this Part—
  • “EA 1996” means the Education Act 1996;
  • “ESA 2008” means the Education and Skills Act 2008;
  • “SSFA 1998” means the School Standards and Framework Act 1998.
2 In this Part—
  • “appropriate person” has the meaning given by section 70(5);
  • “beginning of the detention” has the meaning given by section 70(6);
  • “detained person” has the meaning given by section 70(5);
  • “detained person's EHC needs assessment” has the meaning given by section 70(5);
  • “education, health and care provision” has the meaning given by section 26(2);
  • “EHC needs assessment” has the meaning given by section 36(2);
  • “EHC plan” means a plan within section 37(2);
  • “health care provision” has the meaning given by section 21(3);
  • “the home authority” has the meaning given by section 70(6) (subject to subsection (7) of that section);
  • “mainstream post-16 institution” means a post-16 institution that is not a special post-16 institution;
  • “mainstream school” means—
    1. a maintained school that is not a special school, or
    2. an Academy school that is not a special school;
  • “maintained school” means—
    1. a community, foundation or voluntary school, or
    2. a community or foundation special school not established in a hospital;
  • “post-16 institution” means an institution which—
    1. provides education or training for those over compulsory school age, but
    2. is not a school or other institution which is within the higher education sector and which is solely or principally concerned with the provision of higher education;
  • “proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution;
  • “relevant early years education” has the meaning given by section 123 of SSFA 1998;
  • “relevant youth accommodation” has the meaning given by section 70(5);
  • “social care provision” has the meaning given by section 21(4);
  • “social services functions” in relation to a local authority has the same meaning as in the Local Authority Social Services Act 1970;
  • “special educational needs” has the meaning given by section 20(1);
  • “special educational provision” has the meaning given by section 21(1) and (2);
  • “special post-16 institution” means a post-16 institution that is specially organised to make special educational provision for students with special educational needs;
  • “training” has the same meaning as in section 15ZA of EA 1996;
  • “young person” means a person over compulsory school age but under 25.
3 A child or young person has a disability for the purposes of this Part if he or she has a disability for the purposes of the Equality Act 2010.
4 A reference in this Part to “education”—
a includes a reference to full-time and part-time education, but
b does not include a reference to higher education,
and “educational” and “educate” (and other related terms) are to be read accordingly.
5 A reference in this Part to—
a a community, foundation or voluntary school, or
b a community or foundation special school,
is to such a school within the meaning of SSFA 1998.
6 A reference in this Part to a child or young person who is “in the area” of a local authority in England does not include a child or young person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the child or young person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
7 EA 1996 and the preceding provisions of this Part (except so far as they amend other Acts) are to be read as if those provisions were contained in EA 1996.

PART 4  Childcare etc

I18I36884 Childminder agencies

Schedule 4 (amendments to the Childcare Act 2006 to provide for the registration of childminder agencies on the childcare registers and the registration of certain childcare providers with those agencies, and other related amendments) has effect.

I16385 Inspections at request of providers of childcare to young children

In section 49 of the Childcare Act 2006 (inspections of early years provision), after subsection (5) insert—

I16486 Repeal of local authority's duty to assess sufficiency of childcare provision

Section 11 of the Childcare Act 2006 (duty of local authority in England to assess sufficiency of childcare provision) is repealed.

I16587 Discharge of authority's duty to secure free early years provision

1 Part 1 of the Childcare Act 2006 (general functions of local authorities in England in relation to childcare) is amended as follows.
2 After section 7 (duty to secure early years provision free of charge in accordance with regulations) insert—
3 After section 9 (arrangements between local authority and childcare providers) insert—

I16688 Governing bodies: provision of community facilities

1 Section 28 of the Education Act 2002 (limits on the powers of governing bodies of maintained schools to provide community facilities etc under section 27) is amended as follows.
2 In subsection (4), for “a governing body” substitute “ the governing body of a maintained school in Wales ”.
3 Omit subsection (4C).
4 In subsection (5)—
a for “a governing body” substitute “ the governing body of a maintained school in Wales ”, and
b in paragraph (a) omit “(in relation to England) by the Secretary of State or (in relation to Wales)”.

I16789 Childcare costs scheme: preparatory expenditure

The Commissioners for Her Majesty's Revenue and Customs may incur expenditure in preparing for the introduction of a scheme for providing assistance in respect of the costs of childcare.

PART 5  Welfare of children

Child performances

90 Extension of licensing of child performances to children under 14

Section 38 of the Children and Young Persons Act 1963 (licences for performances by children under 14 not to be granted except for certain dramatic or musical performances) is repealed.

Tobacco, nicotine products and smoking

I439I56691 Purchase of tobacco, nicotine products etc. on behalf of persons under 18

1 A person aged 18 or over who buys or attempts to buy tobacco , cigarette papers or a relevant nicotine product on behalf of an individual aged under 18 commits an offence.
2 Where a person is charged with an offence under this section it is a defence—
a that the person had no reason to suspect that the individual concerned was aged under 18, or
b in a case where the person has bought or attempted to buy cigarette papers, that the person had no reason to suspect that the individual concerned intended to use the papers for smoking.
3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4 A local weights and measures authority in England and Wales must enforce the provisions of this section in its area.
5 Section 9 of, and Schedule 1 to, the Health Act 2006 (issue of fixed penalty notices in relation to certain smoking related offences) apply in relation to an offence under this section as they apply in relation to an offence under section 6(5) or 7(2) of that Act but with the following modifications—
a references to an enforcement authority are to be read as references to a local weights and measures authority;
b references to an authorised officer of an enforcement authority are to be read as references to any person authorised by a local weights and measures authority (whether or not an officer of the authority) in writing, either generally or specially, to act in matters arising under this section.
c in relation to Wales—
i the reference to the Secretary of State in paragraph 4 of Schedule 1 to the Health Act 2006 is to be read as a reference to the Welsh Ministers;
ii the power of the Welsh Ministers to make regulations under paragraph 4 of Schedule 1 as so applied is to be exercised by statutory instrument;
iii a statutory instrument containing such regulations made by the Welsh Ministers is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6 Section 11 of, and Schedule 2 to, the Health Act 2006 (offence of obstruction of enforcement officers and powers of entry etc) apply for the purposes of this section as they apply for the purposes of Chapter 1 of Part 1 of that Act but with the following modifications—
a references to an enforcement authority are to be read as references to a local weights and measures authority;
b references to an authorised officer of an enforcement authority are to be read as references to any person (whether or not an officer of the authority) authorised by a local weights and measures authority in writing, either generally or specially, to act in matters arising under this section;
c references to Chapter 1 of Part 1 of the Act of 2006 are to be read as references to this section;
d section 11(5) is to be ignored;
e paragraph 10 of Schedule 2 is to be ignored.
7 “Tobacco” has the same meaning in this section as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children).
8 In this section “relevant nicotine product” means a nicotine product within the meaning of section 92 the sale of which at the same time and in the same circumstances to the individual aged under 18 would be prohibited by regulations for the time being in force under subsection (1) of that section.

I440I56792 Prohibition of sale of nicotine products to persons under 18

1 The Secretary of State may by regulations make provision prohibiting the sale of nicotine products to persons aged under 18.
2 A person who breaches a prohibition in regulations under subsection (1) commits an offence.
3 Subsection (2) does not apply if—
a at the time of the sale, the person to whom the nicotine product is sold is employed by a manufacturer of nicotine products to which regulations under subsection (1) apply or by a dealer in such products (whether wholesale or retail), and
b the purchase of the product is for the purposes of the manufacturer's or dealer's business.
4 Where a person is charged with an offence under this section it is a defence that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.
5 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6 The Secretary of State may by regulations—
a amend section 91 (purchase of tobacco etc on behalf of persons under 18) so as to apply it (with or without modifications) in relation to nicotine products, or
b provide for that section to apply (with or without modifications) in relation to nicotine products.
7 Regulations under this section may make provision in relation to—
a all nicotine products,
b nicotine products of a specified kind, or
c nicotine products subject to specified exceptions.
8 The Secretary of State must obtain the consent of the Welsh Ministers before making regulations under this section which would (if contained in an Act of the National Assembly for Wales) be within the legislative competence of that Assembly.
9 For the purposes of this section “nicotine product” means—
a a device which is intended to enable nicotine to be consumed by an individual or otherwise to be delivered into the human body,
b an item which is intended to form part of a device within paragraph (a), or
c a substance or item which consists of or contains nicotine and which is intended for human consumption or otherwise to be delivered into the human body.
10 It does not matter for the purposes of subsection (9)(a) whether the device is also intended to enable any other substance to be consumed by an individual or otherwise to be delivered into the human body.
11 The following are not nicotine products for the purposes of this section—
a tobacco;
b cigarette papers;
c any device which is intended to be used for the consumption of lit tobacco.
12 In this section—
  • “specified” means specified in regulations under this section;
  • “tobacco” has the same meaning as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children).

I441I56893 Amendments consequential on section 92

1 The Children and Young Persons Act 1933 is amended in accordance with subsections (2) to (6).
2 In the italic heading before section 12A, after “tobacco” insert “ or nicotine products ”.
3 In section 12A (restricted premises orders)—
a in subsection (1), after “tobacco” insert “ or nicotine ”,
b in subsection (3), for “or cigarette papers” substitute “ , cigarette papers or nicotine product ”, and
c in subsection (7)(a), after “tobacco” insert “ or nicotine ”.
4 In section 12B (restricted sale orders)—
a in subsection (1), after “tobacco” insert “ or nicotine ”,
b in subsection (3)—
i in paragraph (a), for “or cigarette papers” substitute “ , cigarette papers or nicotine product ”,
ii in paragraph (b), for “or cigarette papers” substitute “ , cigarette papers or nicotine products ”,
iii in each of paragraphs (c) and (d) omit “cigarette” in each place, and
iv in each of those paragraphs, after “tobacco” insert “ or nicotine products ”,
c in subsection (5), after “tobacco” insert “ or nicotine ”, and
d in subsection (6)—
i omit “cigarette”, and
ii after “tobacco” insert “ or nicotine products ”.
5 In section 12C(1)(a) (enforcement), for “or cigarette papers” substitute “ , cigarette papers or nicotine product ”.
6 In section 12D (interpretation)—
a in subsection (1), in the opening words, for “ “tobacco offence”” substitute “ “tobacco or nicotine offence” ”,
b in that subsection omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert
, and
c after subsection (2) insert—
7 In section 5 of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in England and Wales)—
a in subsection (1)(a), for “and sections 3 and 4 above” substitute “ , sections 3 and 4 above and section 92 of the Children and Families Act 2014 (prohibition of sale of nicotine products to persons under 18) ”, and
b after subsection (1) insert—
8 The Secretary of State may by regulations make provision amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made) in connection with provision made by or under section 92.
9 In subsection (8) “enactment” includes a Measure or Act of the National Assembly for Wales.

I442I56994 Regulation of retail packaging etc of tobacco products

1 The Secretary of State may make regulations under subsection (6) or (8) if the Secretary of State considers that the regulations may contribute at any time to reducing the risk of harm to, or promoting, the health or welfare of people under the age of 18.
2 Subsection (1) does not prevent the Secretary of State, in making regulations under subsection (6) or (8), from considering whether the regulations may contribute at any time to reducing the risk of harm to, or promoting, the health or welfare of people aged 18 or over.
3 The Secretary of State may treat regulations under subsection (6) or (8) as capable of contributing to reducing the risk of harm to, or promoting, the health or welfare of people under the age of 18 if the Secretary of State considers that—
a at least some of the provisions of the regulations are capable of having that effect, or
b the regulations are capable of having that effect when taken together with other regulations that were previously made under subsection (6) or (8) and are in force.
4 Regulations under subsection (6) or (8) are to be treated for the purposes of subsection (1) or (2) as capable of contributing to reducing the risk of harm to, or promoting, people's health or welfare if (for example) they may contribute to any of the following—
a discouraging people from starting to use tobacco products;
b encouraging people to give up using tobacco products;
c helping people who have given up, or are trying to give up, using tobacco products not to start using them again;
d reducing the appeal or attractiveness of tobacco products;
e reducing the potential for elements of the packaging of tobacco products other than health warnings to detract from the effectiveness of those warnings;
f reducing opportunities for the packaging of tobacco products to mislead consumers about the effects of using them;
g reducing opportunities for the packaging of tobacco products to create false perceptions about the nature of such products;
h having an effect on attitudes, beliefs, intentions and behaviours relating to the reduction in use of tobacco products.
5 Regulations under subsection (6) or (8) are to be treated for the purposes of subsection (1) as capable of contributing to reducing the risk of harm to, or promoting, the health or welfare of people under the age of 18 if—
a they may contribute to reducing activities by such people which risk harming their health or welfare after they reach the age of 18, or
b they may benefit such people by reducing the use of tobacco products among people aged 18 or over.
6 The Secretary of State may by regulations make provision about the retail packaging of tobacco products.
7 Regulations under subsection (6) may in particular impose prohibitions, requirements or limitations relating to—
a the markings on the retail packaging of tobacco products (including the use of branding, trademarks or logos);
b the appearance of such packaging;
c the materials used for such packaging;
d the texture of such packaging;
e the size of such packaging;
f the shape of such packaging;
g the means by which such packaging is opened;
h any other features of the retail packaging of tobacco products which could be used to distinguish between different brands of tobacco product;
i the number of individual tobacco products contained in an individual packet;
j the quantity of a tobacco product contained in an individual packet.
8 The Secretary of State may by regulations make provision imposing prohibitions, requirements or limitations relating to—
a the markings on tobacco products (including the use of branding, trademarks or logos);
b the appearance of such products;
c the size of such products;
d the shape of such products;
e the flavour of such products;
f any other features of tobacco products which could be used to distinguish between different brands of tobacco product.
9 The Secretary of State may by regulations—
a create offences which may be committed by persons who produce or supply tobacco products the retail packaging of which breaches prohibitions, requirements or limitations imposed by regulations under subsection (6);
b create offences which may be committed by persons who produce or supply tobacco products which breach prohibitions, requirements or limitations imposed by regulations under subsection (8);
c provide for exceptions and defences to such offences;
d make provision about the liability of others to be convicted of such offences if committed by a body corporate or a Scottish partnership.
10 The Secretary of State may by regulations—
a provide that regulations under subsection (6) or (8) are to be treated for the purposes specified in regulations under this subsection as safety regulations within the meaning of the Consumer Protection Act 1987;
b make provision for the appropriate minister to direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local weights and measures authority in Great Britain or a district council in Northern Ireland by virtue of provision under paragraph (a) is to be discharged instead by the appropriate minister.
11 The Secretary of State may by regulations make provision amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made) in connection with provision made by regulations under any of subsections (6), (8), (9) or (10).
12 The Secretary of State must—
a obtain the consent of the Scottish Ministers before making regulations under any of subsections (6), (8), (9) or (10) containing provision which would (if contained in an Act of the Scottish Parliament) be within the legislative competence of that Parliament;
b obtain the consent of the Welsh Ministers before making regulations under any of those subsections containing provision which would (if contained in an Act of the National Assembly for Wales) be within the legislative competence of that Assembly;
c obtain the consent of the Office of the First Minister and deputy First Minister in Northern Ireland before making regulations under any of those subsections containing provision which would (if contained in an Act of the Northern Ireland Assembly) be within the legislative competence of that Assembly.
13 For the purposes of this section a person produces a tobacco product if, in the course of a business and with a view to the product being supplied for consumption in the United Kingdom or through the travel retail sector, the person—
a manufactures the product,
b puts a name, trademark or other distinguishing mark on it by which the person is held out to be its manufacturer or originator, or
c imports it into the United Kingdom.
14 For the purposes of this section a person supplies a tobacco product if in the course of a business the person—
a supplies the product,
b offers or agrees to supply it, or
c exposes or possesses it for supply.
15 In this section—
  • “appropriate minister”—
    1. in relation to England, means the Secretary of State,
    2. in relation to Wales, means the Welsh Ministers,
    3. in relation to Northern Ireland, means the Department of Health, Social Services and Public Safety, and
    4. in relation to Scotland, means the Scottish Ministers;
  • “enactment” includes—
    1. an Act of the Scottish Parliament,
    2. a Measure or Act of the National Assembly for Wales, or
    3. Northern Ireland legislation;
  • “external packaging”, “internal packaging” and “wrapper” have the meanings given by regulations under subsection (6);
  • “packaging”, in relation to a tobacco product, means—
    1. the external packaging of that product,
    2. any internal packaging of that product,
    3. any wrapper of that product, or
    4. any other material attached to or included with that product or anything within paragraphs (a) to (c);
  • “retail packaging”, in relation to a tobacco product, means the packaging in which it is, or is intended to be, presented for retail sale;
  • “retail sale” means sale otherwise than to a person who is acting in the course of a business which is part of the tobacco trade;
  • “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed;
  • “travel retail sector” means retail outlets in the United Kingdom at which tobacco products may be purchased only by people travelling on journeys to destinations outside the United Kingdom.

I443I57095 Smoking in a private vehicle

1 The Health Act 2006 is amended as follows.
2 In section 5 (smoke-free vehicles)—
a after subsection (1) insert—
, and
b in subsection (2), for “The regulations” substitute “ Regulations under this section ”.
3 In section 9 (fixed penalties), after subsection (1) insert—
4 In section 10(1) (power to designate bodies or descriptions of body as enforcement authorities)—
a after “designating the” insert “ persons or ”, and
b after “descriptions of” insert “ person or ”.
5 In section 79 (orders and regulations)—
a in subsection (4) (powers to which affirmative procedure applies), in paragraph (a) (powers in Part 1), for “or 8(7)” substitute “ , 8(7) or 9(1A) ”,
b in that subsection, in paragraph (f) (powers in Schedule 1), for “or 8” substitute “ , 8 or 17 ”, and
c after that subsection insert—
6 In Schedule 1 (fixed penalties), after paragraph 16 insert—

Young carers and parent carers

I49496 Young carers

1 In the Children Act 1989, after section 17 insert—
2 In section 104 of the Children Act 1989 (regulations and orders)—
a in subsections (2) and (3A) (regulations within subsection (3B) or (3C) not subject to annulment but to be approved in draft) before “(3B)” insert “ (3AA), ”, and
b after subsection (3A) insert—

I49597 Parent carers

1 In the Children Act 1989, after section 17ZC (as inserted by section 96) insert—
2 In section 104 of the Children Act 1989 (regulations and orders)—
a in subsections (2) and (3A) (regulations within subsection (3B) or (3C) not subject to annulment but to be approved in draft) after “(3AA),” insert “ (3AB), ”, and
b after subsection (3AA) insert—

Staying put arrangements

I16898 Arrangements for living with former foster parents after reaching adulthood

1 The Children Act 1989 is amended as follows.
2 After section 23C (continuing functions in respect of former relevant children) insert—
3 In Part 2 of Schedule 2 (local authority support for looked after children) after paragraph 19B (preparation for ceasing to be looked after) insert—

Educational achievement of looked after children

I16999 Promotion of educational achievement of children looked after by local authorities

In the Children Act 1989, in section 22 after subsection (3A) (duty of local authorities to promote the educational achievement of looked after children) insert—

Pupils with medical conditions

I369100 Duty to support pupils with medical conditions

1 The appropriate authority for a school to which this section applies must make arrangements for supporting pupils at the school with medical conditions.
2 In meeting the duty in subsection (1) the appropriate authority must have regard to guidance issued by the Secretary of State.
3 The duty in subsection (1) does not apply in relation to a pupil who is a young child for the purposes of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England).
4 This section applies to the following schools in England—
a a maintained school;
b an Academy school;
c an alternative provision Academy;
d a pupil referral unit.
5 In this section—
  • “the appropriate authority for a school” means—
    1. in the case of a maintained school, the governing body,
    2. in the case of an Academy, the proprietor, and
    3. in the case of a pupil referral unit, the management committee;
  • “maintained school” means—
    1. a community, foundation or voluntary school, within the meaning of the School Standards and Framework Act 1998, or
    2. a community or foundation special school, within the meaning of that Act.
6 The Education Act 1996 and this section are to be read as if this section were included in that Act.

Local authority functions: intervention

101 Local authority functions relating to children etc: intervention

1 Section 497A of the Education Act 1996 (which confers power on the Secretary of State to secure the proper performance of local authority education functions, and is applied to social services functions relating to children by section 50 of the Children Act 2004 and to functions relating to childcare by section 15 of the Childcare Act 2006) is amended in accordance with subsection (2).
2 After subsection (4A) insert—
3 In section 15 of the Local Government Act 1999 (Secretary of State's power to secure compliance with requirements of Part 1 of that Act) after subsection (6) insert—

Regulation of children's homes etc

102 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”.

103 Objectives and standards for establishments and agencies in England

1 In section 22 of the Care Standards Act 2000 (regulation of establishments and agencies), in subsection (1), for the words from “may in particular” to the end substitute
2 In that section, after subsection (1) insert—

104 National minimum standards for establishments and agencies in England

In section 23 of the Care Standards Act 2000 (national minimum standards), after subsection (1) insert—

I496105 Disqualification from carrying on, or being employed in, a children's home

1 Section 65 of the Children Act 1989 (person disqualified from fostering a child privately to be disqualified from carrying on etc children's home) is amended as follows.
2 Before subsection (1) insert—
3 In subsection (1), after “children's home” insert “ in Wales ”.
4 In subsection (2), after “children's home” insert “ in Wales ”.
5 In subsection (4), after “subsection” insert “ (A1), (A2), ”.
6 In subsection (5), after “subsection” insert “ (A2) or ”.

Free school lunches

I370106 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) ”,
b after subsection (4) insert—
, and
c in subsection (5), after “ “prescribed”” insert “ , “relevant funded early years education” ”.
3 After section 512A insert—

PART 6  The Children's Commissioner

107 Primary function of the Children's Commissioner

For section 2 of the Children Act 2004 (general function of the Children's Commissioner) substitute—

108 Provision by Commissioner of advice and assistance to certain children

After section 2C of the Children Act 2004 (as inserted by section 107) insert—

109 Commissioner's powers to enter premises

After section 2D of the Children Act 2004 (as inserted by section 108) insert—

110 Provision of information to Commissioner

After section 2E of the Children Act 2004 (as inserted by section 109) insert—

111 Advisory board

After section 7 of the Children Act 2004 insert—

112 Business plans

After section 7A of the Children Act 2004 (as inserted by section 111) insert—

113 Annual reports

1 Section 8 of the Children Act 2004 (annual reports) is amended as follows.
2 In subsection (1)—
a in paragraph (a) omit “under this Part, other than functions of holding inquiries”,
b after paragraph (a) insert “ and ”, and
c omit paragraph (c) and the “and” which precedes it.
3 In subsection (2) for the words from “an account” to the end substitute
4 In subsection (3)(b) for “the Secretary of State” substitute “ the Commissioner ”.
5 In subsection (4) for “the Secretary of State has laid” substitute “ laying ”.
6 For subsection (5) substitute—

114 Children living away from home or receiving social care

After section 8 of the Children Act 2004 insert—

115 Children's Commissioner: minor and consequential amendments

Schedule 5 (minor and consequential amendments to Part 1 of the Children Act 2004 and to other Acts) has effect.

116 Repeal of requirement to appoint Children's Rights Director

1 Section 120 of the Education and Inspections Act 2006 (requirement to appoint Children's Rights Director) is repealed.
2 In that Act—
a in section 117 (performance of functions of the Office for Standards in Education, Children's Services and Skills), in subsection (2) after paragraph (a) insert—
, and
b in section 119 (performance of the functions of the Chief Inspector of Education, Children's Services and Skills), in subsection (3) after paragraph (a) (and before the “and” which follows it) insert—
.
3 Schedule 6 (transfers of staff and property in consequence of the repeal of the requirement to appoint a Children's Rights Director) has effect.

PART 7  Statutory rights to leave and pay

Shared parental leave

I181117 Shared parental leave

1 In Part 8 of the Employment Rights Act 1996, after section 75D there is inserted—
2 In section 236 of the Employment Rights Act 1996 (orders and regulations), in subsection (3) (affirmative procedure required), after “75A, 75B,” there is inserted “ 75E, 75F(16), 75G, 75H(16), (17) or (18) ”.

I182118 Exclusion or curtailment of other statutory rights to leave

1 The Employment Rights Act 1996 is amended as follows.
2 In section 71 (ordinary maternity leave)—
a in subsection (3), after paragraph (b) there is inserted—
;
b after subsection (3) there is inserted—
3 In section 73 (additional maternity leave)—
a in subsection (3)(a), for the words from “to choose” to the end there is substituted “ to bring forward the date on which an additional maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; ”;
b after subsection (3)(a) there is inserted—
;
c after subsection (3) there is inserted—
4 In section 75A (ordinary adoption leave)—
a in subsection (2A), after “subsection (2)” there is inserted
;
b in subsection (2A), the words from “may specify circumstances” to the end become paragraph (c);
c after subsection (2A) there is inserted—
5 In section 75B (additional adoption leave)—
a in subsection (3)(a), for the words from “to choose” to the end there is substituted “ to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions; ”;
b after subsection (3)(a) there is inserted—
;
c after subsection (3) there is inserted—
6 In section 80A (entitlement to ordinary paternity leave: birth), after subsection (4) there is inserted—
7 In section 80B (entitlement to ordinary paternity leave: adoption), after subsection (4) there is inserted—

Statutory shared parental pay

I183119 Statutory shared parental pay

1 In the Social Security Contributions and Benefits Act 1992, after section 171ZT there is inserted—
2 In section 176 of the Social Security Contributions and Benefits Act 1992 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), at the appropriate place there is inserted— “ any of sections 171ZU to 171ZY; ”.

I184120 Exclusion or curtailment of other statutory rights to pay

1 The Social Security Contributions and Benefits Act 1992 is amended as follows.
2 In section 35 (entitlement to maternity allowance), after subsection (3) there is inserted—
3 In section 35, after subsection (3D) (as inserted by subsection (2)) there is inserted—
4 In section 165 (the maternity pay period), after subsection (3) there is inserted—
5 In section 171ZE (rate and period of statutory paternity pay), after subsection (3) there is inserted—
6 In section 171ZN (rate and period of statutory adoption pay), after subsection (2) there is inserted—

Other statutory rights

I185121 Statutory rights to leave and pay of prospective adopters with whom looked after children are placed

1 In section 75A of the Employment Rights Act 1996 (ordinary adoption leave), after subsection (1) there is inserted—
2 In section 80B of the Employment Rights Act 1996 (entitlement to ordinary paternity leave: adoption)—
a in subsection (5), after paragraph (a) there is inserted—
;
b after subsection (6) there is inserted—
3 In section 171ZB of the Social Security Contributions and Benefits Act 1992 (entitlement to ordinary statutory paternity pay: adoption), after subsection (7) there is inserted—
4 In section 171ZE of the Social Security Contributions and Benefits Act 1992 (rate and period of pay), after subsection (11) there is inserted—
5 In section 171ZL of the Social Security Contributions and Benefits Act 1992 (entitlement to statutory adoption pay), after subsection (8) there is inserted—
6 In section 171ZN of the Social Security Contributions and Benefits Act 1992 (rate and period of pay), after subsection (8) there is inserted—
7 In the Social Security Contributions and Benefits Act 1992—
a in section 171ZJ(1), at the appropriate place there is inserted—
;
;
b in section 171ZS(1), at the appropriate place there is inserted—
;
.

I186122 Statutory rights to leave and pay of applicants for parental orders

1 In section 75A of the Employment Rights Act 1996 (ordinary adoption leave), after subsection (7) there is inserted—
2 In section 75B of the Employment Rights Act 1996 (additional adoption leave), after subsection (8) there is inserted—
3 In section 75D of the Employment Rights Act 1996 (supplemental provision about adoption leave), after subsection (1) there is inserted—
4 In section 80B of the Employment Rights Act 1996 (entitlement to ordinary paternity leave: adoption), after subsection (8) there is inserted—
5 In section 171ZK of the Social Security Contributions and Benefits Act 1992 (power to apply Part 12ZA, statutory paternity pay, to adoption cases not involving placement)—
a in the title, the words “to adoption cases not involving placement” are repealed;
b the existing text becomes subsection (1);
c after that subsection there is inserted—
6 In section 171ZT of the Social Security Contributions and Benefits Act 1992 (power to apply Part 12ZB, statutory adoption pay, to adoption cases not involving placement)—
a in the title, the words “to adoption cases not involving placement” are repealed;
b the existing text becomes subsection (1);
c after that subsection there is inserted—

123 Statutory paternity pay: notice requirement and period of payment

I1871 The Social Security Contributions and Benefits Act 1992 is amended as follows.
I1872 In section 171ZC (further provision as to entitlement to statutory paternity pay)—
a in subsection (1) (requirement to give notice), for the words from “only if” to the end there is substituted “ only if he gives the person who will be liable to pay it notice of the week or weeks in respect of which he expects there to be liability to pay him statutory paternity pay. ”;
b after subsection (1) there is inserted—
3 In section 171ZE (rate and period of statutory paternity pay)—
a in subsection (2) (period of pay), for the words from “be payable” to the end there is substituted “be payable in respect of—
;
b after subsection (2) there is inserted—
;
c after subsection (2A) (as inserted by paragraph (b)) there is inserted—
4 In section 176 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), after “section 171ZE(1)” there is inserted “ or (2)(b) ”.

I501124 Rate of statutory adoption pay

1 In section 171ZN of the Social Security Contributions and Benefits Act 1992 (rate and period of statutory adoption pay)—
a subsection (1) is repealed;
b after subsection (2D) (as inserted by section 120(6)) there is inserted—
;
c in subsection (7), for “subsection (2)” there is substituted “ subsections (2) and (2E) ”.
2 In section 176 of the Social Security Contributions and Benefits Act 1992 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), the entry for section 171ZN(1) is repealed.

I502125 Abolition of additional paternity leave and additional statutory paternity pay

1 In Part 8 of the Employment Rights Act 1996, sections 80AA and 80BB (entitlement to additional paternity leave: birth and adoption) are repealed.
2 In Part 12ZA of the Social Security Contributions and Benefits Act 1992, sections 171ZEA to 171ZEE (additional statutory paternity pay: birth and adoption) are repealed.

Further amendments

126 Further amendments

I188I445I481I5031 Schedule 7 (which contains further amendments relating to statutory rights to leave and pay) has effect.
I5042 A reference to ordinary statutory paternity pay in an instrument or document made before the commencement of paragraphs 12 and 13 of Schedule 7 is to be read, in relation to any time after that commencement, as a reference to statutory paternity pay.
I5043 A reference to statutory paternity pay in an enactment (including an enactment amended by this Act) or in an instrument or document is to be read, in relation to any time that falls—
a after the commencement of paragraphs 12 and 13 of Schedule 1 to the Work and Families Act 2006, and
b before the commencement of paragraphs 12 and 13 of Schedule 7,
as a reference to ordinary statutory paternity pay.
I5044 Subsection (3) does not apply to the extent that a reference to statutory paternity pay is a reference to additional statutory paternity pay.

PART 8  Time off work: ante-natal care etc

127 Time off work to accompany to ante-natal appointments

I4351 After section 57ZD of the Employment Rights Act 1996 there is inserted—
2 In the Employment Rights Act 1996—
I189a in section 47C (right not to be subject to detriment: leave for family reasons), in subsection (2) (prescribed reasons), after paragraph (a) there is inserted—
;
I189b in section 99 (being regarded as unfairly dismissed: leave for family reasons), in subsection (3) (prescribed kinds of reasons), after paragraph (a) there is inserted—
;
I435c in section 225 (the calculation date in finding a week's pay), after subsection (3) there is inserted—

128 Time off work to attend adoption appointments

I5051 After section 57ZI of the Employment Rights Act 1996 (as inserted by section 127) there is inserted—
2 In the Employment Rights Act 1996—
I190a in section 47C (right not to be subject to detriment: leave for family reasons), in subsection (2) (prescribed reasons), after paragraph (aa) (as inserted by section 127(2)(a)) there is inserted—
;
I190b in section 80B (entitlement to ordinary paternity leave: adoption), in subsection (5) (provision that may be made in regulations under subsection (1)), after paragraph (b) there is inserted—
;
I190c in section 99 (being regarded as unfairly dismissed: leave for family reasons), in subsection (3) (prescribed reasons), after paragraph (aa) (as inserted by section 127(2)(b)) there is inserted—
;
I505d in section 225 (the calculation date in finding a week's pay), after subsection (3A) (as inserted by section 127(2)(c)) there is inserted—
;
I505e in section 235 (other definitions), in subsection (1), at the appropriate place there is inserted—
.

129 Right not to be subjected to detriment: agency workers

I436I5061 In section 47C of the Employment Rights Act 1996 (right not to be subjected to detriment for taking leave for family and domestic reasons), after subsection (4) there is inserted—
I4372 In section 48 of that Act (complaints to employment tribunals)—
a in subsection (1), for “47C” there is substituted “ 47C(1) ”;
b after subsection (1A) there is inserted—
;
c in subsection (2), for “such a complaint” there is substituted “ a complaint under subsection (1), (1ZA), (1A) or (1B) ”;
d after subsection (2) there is inserted—
;
e in subsection (4), after “an employer” there is inserted “ , a temporary work agency or a hirer ”;
f after subsection (5) there is inserted—
I4373 In section 49 of that Act (remedies in the case of complaints to an employment tribunal)—
a in subsection (1), for “under section 48” there is substituted “ under section 48(1), (1ZA), (1A) or (1B) ”;
b after subsection (1), there is inserted—

I438130 Time off work for ante-natal care: increased amount of award

1 In section 57 of the Employment Rights Act 1996 (complaints to employment tribunals where time off work for ante-natal care refused to employee), in subsection (4) (amount of award for unreasonable refusal), for “an amount equal to” there is substituted “ an amount that is twice the amount of ”.
2 In section 57ZC of the Employment Rights Act 1996 (complaints to employment tribunals where time off work for ante-natal care refused to agency worker), in subsection (5) (amount of award for unreasonable refusal), for “an amount equal to” there is substituted “ an amount that is twice the amount of ”.

PART 9  Right to request flexible working

I191131 Removal of requirement to be a carer

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.

I192132 Dealing with applications

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

I193133 Complaints to employment tribunals

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

I194134 Review of sections 131 to 133

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  General provisions

135 Orders and regulations

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.

136 Consequential amendments, repeals and revocations

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.

137 Transitional, transitory or saving provision

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.

138 Financial provision

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.

139 Commencement

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.

140 Short title and extent

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

SCHEDULE 1 

The Adoption and Children Act Register

Section 7

I1701The Adoption and Children Act 2002 is amended as follows.
I1712
1 Section 125 (Adoption and Children Act Register) is amended as follows.
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—
4 In subsection (2) for “an Order under this section” substitute “ regulations ”.
5 In subsection (4) for “An Order under this section” substitute “ Regulations ”.
I1723
1 Section 126 (use of an organisation to establish the register) is amended as follows.
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).
I1734
1 Section 127 (use of an organisation as agency for payments) is amended as follows.
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).
I1745
1 Section 128 (supply of information for the register) is amended as follows.
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 ”.
I1756
1 Section 129 (disclosure of information) is amended as follows.
2 In subsection (1) for “or (3)” substitute “ , (2A) or (3) or section 128A ”.
3 After subsection (2) insert—
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—
, 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) ”.
I1767Section 130 (territorial application) is repealed.
I1778
1 Section 131 (supplementary) is amended as follows.
2 In subsection (1)—
a before paragraph (a) insert—
,
b in paragraph (b) for “an Order under section 125” substitute “ regulations ”,
c after paragraph (c) insert—
, 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—
5 Omit subsections (4) to (7).
I1789In section 142 (supplementary and consequential provision), in subsection (4) omit the words from “or of Her Majesty” to the end.
I17910In 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,”.
I18011
1 Sections 125 to 131 cease to have effect in relation to Scotland.
2 Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).

SCHEDULE 2 

Child arrangements orders: amendments

Section 12

PART 1  Amendments of the Children Act 1989

1I91The Children Act 1989 is amended as follows.
2I92
1 Section 5 (appointment of guardians) is amended as follows.
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 ”.
3I93In the title of section 8 for “Residence, contact” substitute “ Child arrangements orders ”.
4I94
1 Section 9 (restrictions on making section 8 orders) is amended as follows.
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—
5I95
1 Section 10 (power of court to make section 8 orders) is amended as follows.
2 For subsection (4)(b) (person may apply for section 8 order if residence order is in force in favour of the person) substitute—
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—
, and
c after paragraph (c) insert—
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—
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
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—
6I96
1 Section 11 (section 8 orders: general principles and supplementary provisions) is amended as follows.
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—
, and
b in sub-paragraph (ii) omit “concerned”.
7I97
1 Section 11A (contact activity directions) is amended as follows.
2 For subsections (1) to (3) (power to make directions) substitute—
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—
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”.
8I98
1 Section 11B (further provision about contact activity directions) is amended as follows.
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”.
9I99
1 Section 11C (contact activity conditions) is amended as follows.
2 In subsection (1) (section applies if court makes certain orders) for paragraphs (a) and (b) substitute—
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
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”.
10I100
1 Section 11D (further provision about contact activity conditions) is amended as follows.
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”.
11I101
1 Section 11E (making of contact activity directions and conditions) is amended as follows.
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”.
12I102
1 Section 11F (contact activity: financial assistance) is amended as follows.
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”.
13I103
1 Section 11G (contact activity: monitoring) is amended as follows.
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”.
14I104
1 Section 11H (monitoring contact) is amended as follows.
2 In subsection (1) (section applies if court makes or varies a contact order) for paragraphs (a) and (b) substitute—
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—
.
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 ”.
15I105In 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 ”.
16I106
1 Section 11J (enforcement orders where contact order not complied with) is amended as follows.
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 ”.
17I107
1 Section 11K (enforcement orders: further provisions) is amended as follows.
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 ”.
18I108
1 Section 11L (making of enforcement orders) is amended as follows.
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 ”.
19I109
1 Section 11O (compensation for financial loss arising from breach of contact order) is amended as follows.
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 ”.
20I110
1 Section 11P (compensation orders under section 11O(2): further provision) is amended as follows.
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 ”.
21I111
1 Section 12 (residence orders and parental responsibility) is amended as follows.
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—
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—
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 ”.
22I112
1 Section 13 (effect of residence order on change of child's name or removal from jurisdiction) is amended as follows.
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—
23I113Omit section 14 (enforcement of residence orders in magistrates' courts).
24I114In 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; ”.
25I115
1 Section 14B (making of special guardianship orders) is amended as follows.
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—
3 After subsection (1) insert—
26I116In 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; ”.
27I117
1 Section 16 (family assistance orders) is amended as follows.
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—
28I118For 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—
.
29I119In 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 ”.
30I120In 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. ”
31I121In 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 ”.
32I122
1 Section 38 (interim care or supervision orders) is amended as follows.
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—
33I123
1 Section 41 (representation of child: meaning of “specified proceedings”) is amended as follows.
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—
34I124In section 43(11) (persons to be given notice of application for child assessment order) for paragraph (d) substitute—
.
35I125In section 44(13) (persons to be allowed reasonable contact with child where emergency protection order made) for paragraph (d) substitute—
.
36I126In 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—
.
37I127
1 Section 91 (effect and duration of orders etc.) is amended as follows.
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—
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—
38I128
1 Section 105 (interpretation) is amended as follows.
2 In subsection (1) (definitions)—
a before the definition of “adoption agency” insert—
,
b at the appropriate place insert—
, 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).
39I129
1 Schedule A1 (enforcement orders) is amended as follows.
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 ”.
40I130
1 Schedule 1 (financial provision for children) is amended as follows.
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—
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—
, 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 ”.
41I131In 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  Amendments in other legislation

Marriage Act 1949 (c. 76)

42I132
1 Section 3 of the Marriage Act 1949 (marriage of persons under 18) is amended as follows.
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—

Children and Young Persons Act 1969 (c. 54)

43I133
1 Section 70 of the Children and Young Persons Act 1969 (interpretation) is amended as follows.
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—
.
3 In subsection (1B) for “ “residence” substitute “ “child arrangements”.

Local Authority Social Services Act 1970 (c. 42)

44I134In 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)

45I135
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.
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)

46I136In 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)

47I137
1 Section 1 of the Child Abduction Act 1984 (offence of abduction of child by connected person without appropriate consent) is amended as follows.
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—
.
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—
.
6 In subsection (7)(a) (interpretation) for “ “residence” substitute “ “child arrangements”.

Child Abduction and Custody Act 1985 (c. 60)

48I138For 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—
.

Family Law Act 1986 (c. 55)

49I139The Family Law Act 1986 is amended as follows.
50I140
1 Section 5 (which contains references to contact activity directions) is amended as follows.
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 ”.
51I141
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.
2 After subsection (5) insert—
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)

52I142For 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—
.

Armed Forces Act 1991 (c. 62)

53I143The Armed Forces Act 1991 is amended as follows.
54I144In section 17(4) (persons who may apply for assessment order) after paragraph (d) insert—
.
55I145In section 18(7) (persons who may apply to vary or discharge an assessment order) after paragraph (d) insert—
.
56I146In section 20(8) (persons who are to be allowed reasonable contact with a child subject to a protection order) after paragraph (c) insert—
.
57I147In section 22A(7) (persons who are to be allowed reasonable contact with a child in service police protection) after paragraph (c) insert—
.
58I148
1 Section 23(1) (interpretation of Part 3) is amended as follows.
2 After the definition of “child” insert—
.
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)

59I149The Adoption and Children Act 2002 is amended as follows.
60I150
1 Section 26 (placement of children by adoption agency for adoption: contact) is amended as follows.
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
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
.
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—
61I151
1 Section 28 (further consequences of placement) is amended as follows.
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—
62I152
1 Section 29 (further consequences of placement orders) is amended as follows.
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—
63I153
1 Section 32 (recovery of child from placement) is amended as follows.
2 In subsection (5) (effect of undecided application for residence order etc on duty to return child) for paragraphs (a) and (b) substitute—
.
3 After that subsection insert—
64I154
1 Section 35 (return of placed child in certain cases) is amended as follows.
2 In subsection (5) (effect of undecided application for residence order etc on duty to return child) for paragraphs (b) and (c) substitute—
.
3 After that subsection insert—
65I155
1 Schedule 6 (glossary) is amended as follows.
2 At the appropriate place insert—
3 Omit the entry for “residence order”.

Civil Partnership Act 2004 (c. 33)

66I156
1 Schedule 2 to the Civil Partnership Act 2004 (civil partnerships of persons under 18) is amended as follows.
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—

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

67I157The Income Tax (Trading and Other Income) Act 2005 is amended as follows.
68I158
1 Section 744 (payments to adopters, etc: England and Wales) is amended as follows.
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—
6 In subsection (3) (interpretation) for “ “residence” substitute “ “child arrangements”.
69I159In section 806(5) (persons who are not foster carers for purposes of Chapter 2 of Part 7) after paragraph (b) insert—
.

SCHEDULE 3 

Special educational needs: consequential amendments

Section 82

PART 1  Amendments to the Education Act 1996

I2761The Education Act 1996 is amended as follows.
I2772
1 Section 6 (nursery schools and special schools) is amended as follows.
2 Omit subsection (2).
3 In the title, omit “and special schools”.
I2783
1 Section 13 (general responsibility for education) is amended as follows.
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).
I2794In 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 ”.
I2805
1 Section 15ZA (duty in respect of education and training for persons over compulsory school age: England) is amended as follows.
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—
I2816In 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
I2827In 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
I2838In 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—
.
I2849In the title of Chapter 1 of Part 4 (children with special educational needs) after “children” insert “ in Wales ”.
I28510Before section 312 (meaning of special educational needs etc) insert—
I28611
1 Section 312 (meaning of “special educational needs” and “special educational provision” etc) is amended as follows.
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, ”.
I28712
1 Section 313 (code of practice) is amended as follows.
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).
I28813
1 Section 314 (making and approval of code) is amended as follows.
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—
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 ”.
I28914
1 Section 316A (education otherwise than in mainstream schools) is amended as follows.
2 In subsection (2)—
a in paragraph (a), for sub-paragraph (ii) substitute—
, and
b in paragraph (c), for sub-paragraph (ii) substitute—
.
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 ”.
I29015In 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).
I29116
1 Section 318 (provision of goods and services in connection with special educational needs) is amended as follows.
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.
I29217In 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 ”.
I29318
1 Section 326A (unopposed appeals) is amended as follows.
2 In subsection (1), for paragraph (a) substitute—
.
3 In subsection (6)—
a after “regulations made” insert “ by the Welsh Ministers ”, and
b omit paragraphs (a) and (b).
I29419
1 Section 328A (appeal against determination of local authority in England not to amend statement following review) is repealed.
2 In consequence of the repeal made by sub-paragraph (1), section 2 of the Children, Schools and Families Act 2010 is repealed.
I29520
1 Section 329A (review or assessment of educational needs at request of responsible body) is amended as follows.
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—
I29621
1 Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended as follows.
2 In subsection (1) omit “Welsh”.
3 In the title omit “Welsh”.
I29722In section 332ZB (notice and service of documents on a child in relation to an appeal by the child), in subsection (1) omit “in Wales”.
I29823
1 Section 332ZC (case friends—Wales) is amended as follows.
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”.
I29924
1 Section 332A (advice and information for parents—England) is repealed.
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).
I30025
1 Section 332AA (advice and information— Wales) is amended as follows.
2 In subsection (1) omit “in Wales”.
3 In the title, omit “— Wales”.
I30126
1 Section 332B (resolution of disputes—England) is repealed.
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).
I30227
1 Section 332BA (resolution of disputes—Wales) is amended as follows.
2 In subsections (1) and (2) omit “in Wales”.
3 In the title, omit “—Wales”.
I30328
1 Section 332BB (independent advocacy services—Wales) is amended as follows.
2 In subsections (1) and (5) omit “in Wales”.
3 In the title, omit “—Wales”.
I30429
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.
2 In consequence of the repeals made by sub-paragraph (1), section 1 of the Special Educational Needs (Information) Act 2008 is repealed.
I30530In the cross-heading which precedes section 333 (Special Educational Needs Tribunal) after “Tribunal” insert “ for Wales ”.
I30631
1 Section 333 (constitution of Welsh Tribunal) is amended as follows.
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”.
I30732In section 335 (remuneration and expenses), in subsection (1) and (2) omit “Welsh” (in each case, in the second place it occurs).
I30833
1 Section 336 (Tribunal procedure) is amended as follows.
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)”.
I30934
1 Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is amended as follows.
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”.
I31035In 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).
I31136For section 337 (special schools) substitute—
I31237In section 342 (approval of non-maintained special schools), in subsection (1)(b) after “community or foundation special school” insert “ or an Academy school ”.
I31338
1 Section 348 (provision of special education at non-maintained schools) is amended as follows.
2 In subsection (1) after paragraph (a) (and before the “and” which follows it) insert—
.
3 In the title, at the end insert “ —Wales ”.
I31439
1 Section 438 (choice of school: child without statement of special educational needs) is amended as follows.
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 ”.
I31540
1 Section 440 (amendment of order at request of parent: child without statement of special educational needs) is amended as follows.
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 ”.
I31641
1 Section 441 (choice of school: child with statement of special educational needs) is amended as follows.
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—
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 ”.
I31742In 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 ”.
I31843In 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 ”.
I31944
1 Section 483A (city colleges and academies: special educational needs) is amended as follows.
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 ”.
I32045In 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 ”.
I32146In 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 ”.
I32247In 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 ”.
I32348
1 Section 509AB (local authorities in England: further provision about transport policy statements for persons of sixth form age) is amended as follows.
2 In subsection (1) after “difficulties” insert “ or disabilities ”.
3 In subsection (2)(b) after “difficulties” (in each place it occurs) insert “ or disabilities ”.
I32449In section 509AC (interpretation of sections 509AA and 509AB), in subsection (4) after “learning difficulties” insert “ or disabilities ”.
I32550
1 Section 514A (provision of boarding accommodation for persons subject to learning difficulty assessment) is amended as follows.
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 ”.
I32651In 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) ”.
I32752
1 Section 532A (direct payments: persons with special educational needs or subject to learning difficulty assessment) is amended as follows.
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—
, and
b omit paragraph (b).
4 In the title, omit “or subject to learning difficulty assessment”.
I32853In section 532B (direct payments: pilot schemes), in subsection (9) for paragraph (a) substitute—
.
I32954In 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 ”.
I49755
1 Section 562C (detained persons with special educational needs) is amended as follows.
2 In subsection (1), after “local authority” insert “ in Wales ”.
3 In the title, after “with” insert “ statement of ”.
I49856In section 562D (appropriate special educational provision: arrangements between local authorities), in subsection (2) after “local authority” insert “ in Wales ”.
I49957
1 Section 562G (information to be provided where statement of special educational needs previously maintained) is amended as follows.
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 ”.
I50058
1 Section 562H (release of detained person appearing to host authority to require assessment) is amended as follows.
2 In subsection (1)—
a after “person” insert
, and
b after “apply” insert
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.
I33059In section 579 (general interpretation)—
a in subsection (1), after the definition of “education functions” insert—
,
b in subsection (1), after the definition of “school year” insert—
,
c after subsection (1) insert—
, and
d before subsection (4) insert—
I33160In 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) ”.
I33261In 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 ”.
I33362
1 In Schedule 36A (education functions), the table in paragraph 2 is amended as follows.
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  Amendments to other Acts

Local Government Act 1974 (c. 7)

I33463In 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)

I33564
1 In the Disabled Persons (Services, Consultation and Representation) Act 1986, section 5 (disabled persons leaving special education) is amended as follows.
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—
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)

I33665
1 The Children Act 1989 is amended as follows.
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—
.

Value Added Tax Act 1994 (c. 23)

I33766
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.
2 In item 5B—
a after paragraph (b) insert—
, 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)

I33867The School Standards and Framework Act 1998 is amended as follows.
I33968
1 Section 98 (admission for nursery education or to nursery or special school: children with statements of special educational needs) is amended as follows.
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 ”.
I34069
1 Section 123 (nursery education: children with special educational needs) is amended as follows.
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—
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 ”.
I34170In 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)

I34271The Learning and Skills Act 2000 is amended as follows.
I34372In section 35 (conditions imposed by Welsh Ministers on financial resources provided by them), in subsection (3)(f) omit “139A or”.
I34473In section 41 (discharge by the Welsh Ministers of certain functions in relation to persons with learning difficulties), in subsection (1)(b) omit “139A or”.
I34574Sections 139A, 139B and 139C (assessments relating to learning difficulties: England) are repealed.
I34675In 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)

I34776The Education Act 2002 is amended as follows.
I34877In 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 ”.
I34978
1 Section 94 (information concerning directions under section 93) is amended as follows.
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)

I35079
1 Section 36 of the Nationality, Immigration and Asylum Act 2002 (education of children who are residents of accommodation centres) is amended as follows.
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—
4 After subsection (5) insert—
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—
.

Children Act 2004 (c. 31)

I35180In 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
, and
b after “learning difficulty” insert “ or disability ”.

Education and Inspections Act 2006 (c. 40)

I35281In 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)

I35382The Education and Skills Act 2008 is amended as follows.
I35483In 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).
I35584In 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.
I35685In 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).
I35786In 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.
I35887In 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—
.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

I35988The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
I36089In 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).
I36190In 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 ”.
I36291In 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 ”.
I36392In section 101 (financial resources: conditions), in subsection (5)(f)—
a after “specified in” insert “ an EHC plan or ”, and
b omit “139A or”.
I36493In 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 ”.
I36594In 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)

I36695In section 1 of the Academies Act 2010 (Academy arrangements), omit subsections (7) and (8).

SCHEDULE 4 

Childminder agencies: amendments

Section 84

PART 1  The childcare registers

I19I3711The Childcare Act 2006 is amended as follows.
I20I3722
1 Section 32 (childcare registration in England: maintenance of the two childcare registers) is amended as follows.
2 In subsection (2)—
a after “register of” insert
,
b omit “who are”, and
c for “under Chapter 2” substitute “ by the Chief Inspector for the purposes of Chapter 2 ”.
3 At the end of that subsection insert
4 In subsection (4)—
a after “register of” insert
,
b omit “who are”, and
c for “under Chapter 3” substitute “ by the Chief Inspector for the purposes of Chapter 3 ”.
5 At the end of that subsection insert
6 In subsection (5), for “under Chapter 4” substitute “ by the Chief Inspector for the purposes of Chapter 4 ”.

PART 2  Early years childminder agencies

I21I3733The Childcare Act 2006 is amended as follows.
I22I3744In section 33 (requirement to register: early years childminders), in subsection (1) for “in the early years register as an early years childminder” substitute
I23I3755
1 Section 34 (requirement to register: other early years providers) is amended as follows.
2 For subsection (1) substitute—
3 In subsection (2) for “Subsection (1) does” substitute “ Subsections (1) and (1A) do ”.
4 In subsection (3) for “subsection (1) does” substitute “ subsections (1) and (1A) do ”.
5 In subsection (5) after “subsection (1)” insert “ or (1A) ”.
I24I3766
1 Section 35 (applications for registration: early years childminders) is amended as follows.
2 In subsection (1) for “to the Chief Inspector for registration as an early years childminder” substitute
3 In subsection (2)—
a in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the early years childminder agency ”, and
b in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.
4 In subsections (3) and (4), after “subsection (1)” insert “ (a) ”.
5 After subsection (4) insert—
6 In subsection (5), after paragraph (a) insert—
.
I25I3777
1 Section 36 (applications for registration: other early years providers) is amended as follows.
2 After subsection (1) insert—
3 In subsection (2)—
a after “subsection (1)” insert “ or (1A) ”,
b in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the early years childminder agency ”, and
c in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.
4 In subsections (3) and (4), after “subsection (1)” insert “ or (1A)(a) ”.
5 After subsection (4) insert—
6 In subsection (5), after paragraph (a) insert—
.
I26I3788
1 Section 37 (entry on the register and certificates) is amended as follows.
2 In subsection (1) after “section 35(1)” insert “ (a) ”.
3 In subsection (2) after “section 36(1)” insert “ or (1A)(a) ”.
I27I3799After section 37 insert—
I28I38010In section 38 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in the early years register ”.
I29I38111
1 Section 44 (instruments specifying learning and development or welfare requirements) is amended as follows.
2 In subsection (2)—
a after “Chief Inspector” insert “ or early years childminder agencies ”, and
b omit “his”.
3 In subsection (3) after “Chief Inspector” insert “ or early years childminder agencies ”.
4 In subsection (4) after paragraph (a) (and before the “or” which follows it) insert—
.
I30I38212In section 49 (inspections), in subsection (1) for “under this Chapter” substitute “ in the early years register ”.
I31I38313After Chapter 2 (regulation of early years provision) insert—

PART 3  Later years childminder agencies

I32I38414The Childcare Act 2006 is amended as follows.
I33I38515In section 52 (requirement to register: later years childminders for children under 8), in subsection (1) for “in Part A of the general childcare register as a childminder” substitute
I34I38616
1 Section 53 (requirement to register: other later years providers for children under 8) is amended as follows.
2 For subsection (1) substitute—
3 In subsection (2) for “Subsection (1) does” substitute “ Subsections (1) and (1A) do ”.
4 In subsection (3) for “subsection (1) does” substitute “ subsections (1) and (1A) do ”.
5 In subsection (5) after “subsection (1)” insert “ or (1A) ”.
I35I38717
1 Section 54 (applications for registration: later years childminders) is amended as follows.
2 In subsection (1) for “to the Chief Inspector for registration as a later years childminder” substitute
3 In subsection (2)—
a in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the later years childminder agency ”, and
b in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.
4 In subsections (3) and (4), after “subsection (1)” insert “ (a) ”.
5 After subsection (4) insert—
6 In subsection (5), after paragraph (a) insert—
.
I36I38818
1 Section 55 (applications for registration: other later years providers) is amended as follows.
2 After subsection (1) insert—
3 In subsection (2)—
a after “subsection (1)” insert “ or (1A) ”,
b in paragraph (b) after “Chief Inspector” insert “ or (as the case may be) the later years childminder agency ”, and
c in paragraph (c) at the beginning insert “ if it is an application to the Chief Inspector, ”.
4 In subsections (3) and (4), after “subsection (1)” insert “ or (1A)(a) ”.
5 After subsection (4) insert—
6 In subsection (5), after paragraph (a) insert—
.
I37I38919
1 Section 56 (entry on the register and certificates) is amended as follows.
2 In subsection (1) after “section 54(1)” insert “ (a) ”.
3 In subsection (2) after “section 55(1)” insert “ or (1A)(a) ”.
I38I39020After section 56 insert—
I39I39121In section 57 (special procedure for registered early years providers), in the title for “registered early years providers” substitute “ providers registered in the early years register ”.
I40I39222After section 57 insert—
I41I39323In section 58 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in Part A of the general childcare register ”.
I42I39424
1 Section 59 (regulations governing activities) is amended as follows.
2 In subsection (4)—
a after “Chief Inspector” insert “ or later years childminder agencies ”, and
b omit “his”.
3 In subsection (5)—
a after “Chief Inspector” insert “ or later years childminder agencies ”, and
b omit “his”.
4 In subsection (6) after paragraph (a) (and before the “or” which follows it) insert—
.
I43I39525In section 60 (inspections), in subsection (1) for “under this Chapter” substitute “ in Part A of the general childcare register ”.
I44I39626After Chapter 3 (regulation of later years provision for children under 8) insert—

PART 4  Voluntary registration with childminder agency

I45I39727The Childcare Act 2006 is amended as follows.
I46I39828In section 65 (special procedure for persons already registered), in the title, at the end insert “ in a childcare register ”.
I47I39929After section 65 insert—
I48I40030In section 66 (conditions on registration), in subsections (1) and (5) for “under this Chapter” substitute “ in Part B of the general childcare register ”.
I49I40131
1 Section 67 (regulations governing activities) is amended as follows.
2 In subsection (4)—
a after “Chief Inspector” insert “ , early years childminder agencies or later years childminder agencies ”, and
b omit “his”.
3 In subsection (5)—
a after “Chief Inspector” insert “ , early years childminder agencies or later years childminder agencies ”, and
b omit “his”.
4 In subsection (6) after paragraph (a) (and before the “or” which follows it) insert—
.

PART 5  Provisions applying in relation to all childminder agencies

I50I40232The Childcare Act 2006 is amended as follows.
I51I40333
1 Section 68 (cancellation of registration) is amended as follows.
2 In subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.
3 In subsection (2)—
a after “or 4” insert “ in the early years register or the general childcare register ”, and
b in paragraph (d) after “Chapter 2” insert “ in the early years register ”.
4 In subsection (3) for “as an early years childminder under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years childminder ”.
5 In subsection (4) for “as a later years childminder under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years childminder ”.
6 In subsection (5) for “as a childminder under Chapter 4” substitute “ under Chapter 4 in Part B of the general childcare register as a childminder ”.
7 In subsection (6) after “or 4” insert “ in the early years register or the general childcare register ”.
8 In the title, at the end insert “ in a childcare register: early years and later years providers ”.
I52I40434
1 Section 69 (suspension of registration) is amended as follows.
2 In subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.
3 In subsection (3) for “as an early years childminder under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years childminder ”.
4 In subsection (4) for “as a later years childminder under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years childminder ”.
5 In subsection (6) for “as an early years provider (other than an early years childminder) under Chapter 2” substitute “ under Chapter 2 in the early years register as an early years provider (other than an early years childminder) ”.
6 In subsection (7) for “as a later years provider (other than a later years childminder) under Chapter 3” substitute “ under Chapter 3 in Part A of the general childcare register as a later years provider (other than a later years childminder) ”.
7 In the title, at the end insert “ in a childcare register: early years and later years providers ”.
I53I40535After section 69 insert—
I54I40636After section 69A (as inserted by paragraph 35) insert—
I55I40737
1 Section 70 (voluntary removal from register) is amended as follows.
2 In subsection (1) for “any of Chapters 2 to 4” substitute “ Chapter 2, 3 or 4 ”.
3 In the title for “register” substitute “ a childcare register: early years and later years providers ”.
I56I40838After section 70 insert—
I57I40939In section 71 (termination of voluntary registration on expiry of prescribed period), in the title after “registration” insert “ in Part B of the general childcare register ”.
I58I41040In section 72 (protection of children in an emergency), in subsection (1) after “or 4” insert “ in the early years register or the general childcare register ”.
I59I41141
1 Section 73 (procedure for taking certain steps) is amended as follows.
2 In subsection (3)(b) for “his” substitute “the person's”.
3 In subsection (4) for “he” substitute “ the applicant or registered person ”.
4 In subsection (5)—
a for “he” substitute “ the recipient ”, and
b for “him” substitute “ the recipient ”.
5 In subsection (6) for “his” substitute “the recipient's”.
6 In subsection (7) for “he” (in the second place it occurs) substitute “ the recipient ”.
7 In subsection (9) for “he” substitute “ the person ”.
8 In subsection (10) for “his” substitute “ the ”.
I60I41242
1 Section 74 (appeals) is amended as follows.
2 In subsection (1)—
a in paragraph (a) for “his” substitute “ the ”,
b in paragraph (b) for “his” substitute “the person's”,
c in paragraph (c) for “his” substitute “the person's”, and
d in paragraph (e) for “his” substitute “the person's”.
3 In subsection (5)(b) for “his” substitute “ the ”.
4 In the title, at the end insert “ relating to registration in a childcare register ”.
I61I41343In the italic heading before section 75 (disqualification from registration), at the end insert “ : early years and later years providers ”.
I62I41444In the title of section 75, at the end insert “ : early years and later years providers ”.
I63I41545
1 Section 76 (consequences of disqualification) is amended as follows.
2 In subsection (1)—
a in paragraph (a) after “34(1)” insert “ or (1A) ”, and
b in paragraph (c) after “53(1)” insert “ or (1A) ”.
3 After subsection (3) insert—
4 In subsection (4), for “or (3)” substitute “ , (3), (3A), (3B) or (3C) ”.
5 In subsection (6)—
a after “A person” insert “ (“A”) ”, and
b for “he” (in each place it occurs) substitute “ A ”.
6 After subsection (6) insert—
7 In the title, at the end insert “ : early years and later years providers ”.
I64I41646After section 76 insert—
I65I41747
1 Section 77 (powers of entry) is amended as follows.
2 In subsection (1)—
a after “34(1)” insert “ or (1A) ”, and
b after “53(1)” insert “ or (1A) ”.
3 In subsection (2)(a) for “or 60” substitute “ , 51D(2), 60 or 61E(2) ”.
4 For the title substitute “ Chief Inspector's powers of entry: early years provision and later years provision ”.
I66I41848For the title of section 78 substitute “ Powers of entry under section 77: requirement for consent ”.
I67I41949After section 78 insert—
I68I42050In section 79 (power of constable to assist in exercise of powers of entry), in subsection (2), in paragraph (a) after “77” insert “ or 78A ”.
I69I42151
1 Section 82 (supply of information to the Chief Inspector), is amended as follows.
2 The existing provision becomes subsection (1).
3 In that subsection, after “later years provider” insert “ , or (as the case may be) as an early years childminder agency or later years childminder agency, ”.
4 After subsection (1) insert—
I70I42252
1 Section 83 (supply of information to HMRC and local authorities) is amended as follows.
2 In subsection (4)—
a after “in which” insert
, and
b after “registered” insert
3 In the title, at the end insert “ by the Chief Inspector ”.
I71I42353After section 83 insert—
I72I42454In the title of section 84 (disclosure of information for certain purposes), at the end insert “ : the Chief Inspector ”.
I73I42555After section 84 insert—
I74I42656In section 85 (offence of making false or misleading statement), in subsection (1) for “he” substitute “ the person ”.
I75I42757
1 Section 87 (offences by bodies corporate) is amended as follows.
2 In subsection (1) for “This section” substitute “ Subsection (2) ”.
3 After subsection (2) insert—
4 In the title, at the end insert “ and partnerships ”.
I76I42858In section 89 (fees), in subsection (1) after “to 4” insert “ in the early years register or the general childcare register ”.
I77I42959
1 Section 90 (cases where consent to disclosure is withheld) is amended as follows.
2 In subsection (1)—
a in paragraph (a) for “Chapter 2, 3 or 4” substitute “ any of Chapters 2 to 4 ”, and
b in paragraph (b) after “68(2)(a)” insert “ or 69B(2)(a) ”.
3 In subsection (2)(b) omit “his” in both places it occurs.
I78I43060
1 Section 93 (notices) is amended as follows.
2 In subsection (1)—
a after paragraph (a) insert—
, and
b after paragraph (b) insert—
.
3 In subsection (2)(a) for “him” substitute “ the person ”.
4 In subsection (4)—
a in paragraph (a) for “his” substitute “ a ”, and
b in paragraph (b) omit “by him”.
I79I43161In section 94 (power to amend Part 3: applications in respect of multiple premises), in paragraph (a)—
a after “36(1)” insert “ or (1A) ”, and
b after “55(1)” insert “ or (1A) ”.
I80I43262
1 Section 98 (interpretation of Part 3) is amended as follows.
2 In subsection (1)—
a after the definition of “childcare” insert—
,
b after the definition of “domestic premises” insert—
, and
c before the definition of “later years provision” insert—
.
3 After that subsection insert—

PART 6  Other amendments

I81I43363In section 99 of the Childcare Act 2006 (provision of information about young children: England), in subsection (1) after paragraph (a) (and before the “and” which follows it) insert—
.
I82I43464In the Employment Agencies Act 1973, in section 13(7) (exemptions) after paragraph (c) insert—
.

SCHEDULE 5 

Children's Commissioner: minor and consequential amendments

Section 115

Inquiries

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

3
1 Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is amended as follows.
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—
4 For subsection (2) substitute—
4
1 Section 6 of the Children Act 2004 (functions of Commissioner in Scotland) is amended as follows.
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—
4 For subsection (2) substitute—
5
1 Section 7 of the Children Act 2004 (functions of Commissioner in Northern Ireland) is amended as follows.
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—
4 For subsection (2) substitute—

Young persons

6
1 For section 9 of the Children Act 2004 (care leavers and young persons with learning disabilities) substitute—
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—
, and
b in subsection (4) the definition of “EHC plan” were omitted.

Appointment and tenure of Children's Commissioner

7In 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 ”.
8In Schedule 1 to the Children Act 2004, after paragraph 3 insert—

Deputy Children's Commissioner

9
1 In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—
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”.

SCHEDULE 6 

Repeal of requirement to appoint Children's Rights Director: transfer schemes

Section 116

Staff transfer schemes

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.
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 schemes

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.
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 Inspector

3In 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).

Continuity

4A 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 provisions

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

Interpretation

6In 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).

SCHEDULE 7 

Statutory rights to leave and pay: further amendments

Section 126

Social Security Act 1989 (c. 24)

I1951Schedule 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
I1961 Paragraph 5A (schemes that contain unfair paternity leave provisions) is amended as follows.
I5072 In sub-paragraph (3) (how scheme affected), in the words following paragraph (b), for “, ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ or statutory paternity pay ”.
3 In sub-paragraph (4) (definitions), in the definition of “period of paid paternity leave”—
I446a in paragraph (a), after “(6), (7)” there is inserted “ , (7A) or (7B) ”;
I507b in paragraph (a), the words “or (8)” are repealed;
I507c in paragraph (b), for “, ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ or statutory paternity pay ”.
I1964 In sub-paragraph (7) (type of paid paternity leave: where adoption does not involve placement for adoption under the law of any part of the United Kingdom), for “section 171ZK” there is substituted “ section 171ZK(1) ”.
I447I5085 After sub-paragraph (7) there is inserted—
I5076 Sub-paragraph (8) (absence from work in circumstances where certain conditions for payment of additional statutory paternity pay are satisfied) is repealed.
3
I4481 Paragraph 5B (schemes that contain unfair adoption leave provisions) is amended as follows.
I4482 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) ”.
I449I5093 After sub-paragraph (6) there is inserted—
I4504After paragraph 5B there is inserted—

Finance Act 1989 (c. 26)

5
I4511 Section 182 of the Finance Act 1989 (offences relating to disclosure of information relating to social security functions etc) is amended as follows.
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)—
I510a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I451b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
3 In subsection (2A) (meaning of “social security functions”), in paragraph (a)—
I510a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I451b 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)—
I510a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I451b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
5 In subsection (5)(b) (exception to offence: disclosure with consent)—
I510a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I451b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
I4826 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)

I4526The Social Security Contributions and Benefits Act 1992 is amended as follows.
7In section 1 (outline of contributory system), in subsection (5) (money provided by Parliament applied in relation to statutory pay)—
I511a for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I453b after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”.
8In section 4 (payments treated as remuneration and earnings), in subsection (1)(a)—
I512a in sub-paragraph (iii), the word “ordinary” is repealed;
I480b sub-paragraph (iv) (additional statutory paternity pay) and the “or” following it are repealed;
c for the “and” following sub-paragraph (v) there is substituted
.
9In section 4C (power to make provision in consequence of provision made by or by virtue of section 4B etc), in subsection (11), in the definition of “statutory payment”, in paragraph (a)—
I513a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I197b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
I51410In the title of Part 12ZA, the words “Ordinary and additional” are repealed.
I51511The italic cross-heading preceding section 171ZA is repealed.
I51612
1 Section 171ZA (entitlement to ordinary statutory paternity pay: birth) is amended as follows.
2 In subsection (1), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”.
3 In subsection (4), the word “ordinary” is repealed.
I51713
1 Section 171ZB (entitlement to ordinary statutory paternity pay: adoption) is amended as follows.
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.
I51814
1 Section 171ZC (entitlement to ordinary statutory paternity pay: general) is amended as follows.
2 In subsection (1), the word “ordinary”, in both places it occurs, is repealed.
3 In subsection (2), the word “ordinary” is repealed.
I51915
1 Section 171ZD (liability to pay ordinary statutory paternity pay) is amended as follows.
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.
I52016
1 Section 171ZE (rate and period of pay) is amended as follows.
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.
I52117The italic cross-heading preceding section 171ZEA is repealed.
I52218The italic cross-heading preceding section 171ZF is repealed.
I52319In 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 ”.
I52420In section 171ZG (relationship with contractual remuneration), subsection (4) is repealed.
I52521
1 Section 171ZJ (provision supplementary to Part 12ZA) is amended as follows.
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 ”.
I52622In 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)

I19823The Social Security Administration Act 1992 is amended as follows.
24In section 5 (regulations about claims for and payments of benefits), in subsection (5) (application of provisions of subsection (1) to statutory pay)—
I527a for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I199b after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”.
25In section 122AA (disclosure of contributions information etc by HMRC), in subsection (1) (disclosure to HSE etc or because of reciprocal agreements with other countries)—
I528a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I454b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
I52926In 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) ”.
27In 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)—
I530a for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;
I455b before the words “, falls to be” there is inserted “or statutory shared parental pay”.
28
I4561 Section 165 (adjustments between the National Insurance Fund and the Consolidated Fund) is amended as follows.
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)—
I531a in sub-paragraph (iii) (ordinary statutory paternity pay), the word “ordinary” is repealed;
I531b sub-paragraph (iv) (additional statutory paternity pay) and the “and” following it are repealed;
I456c in sub-paragraph (v), at the end there is inserted
3 In subsection (5) (payments from National Insurance Fund into Consolidated Fund), in paragraph (a) (sums in respect of HMRC administrative expenses)—
I531a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I456b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.

Employment Rights Act 1996 (c. 18)

I20029The Employment Rights Act 1996 is amended as follows.
30In section 27 (meaning of “wages”), in subsection (1) (sums included)—
I532a in paragraph (ca), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;
I457b after paragraph (cb) there is inserted—
.
31In section 47C (right not to be subjected to detriment in connection with leave for family and domestic reasons), in subsection (2) (reasons that may be prescribed)—
I201a after paragraph (ba) there is inserted—
;
I533b in paragraph (ca) (paternity leave), the words “ordinary or additional” are repealed.
I53432In section 80A (entitlement to ordinary paternity leave: birth), in the title, the word “ordinary” is repealed.
I53533In section 80B (entitlement to ordinary paternity leave: adoption), in the title, the word “ordinary” is repealed.
34
I2021 Section 80C (rights during and after ordinary and additional paternity leave) is amended as follows.
I5362 In subsection (1) (provision as to rights under section 80A or 80AA), the words “or 80AA” are repealed.
3 In subsection (2) (absence on leave under section 80A or 80AA may include a period of other statutory leave)—
I536a the words “or 80AA” are repealed;
I536b paragraph (za) (leave under section 80AA) is repealed;
I202c the “and” following paragraph (b) is repealed;
I202d after paragraph (b) there is inserted—
.
I5364 In subsection (3) (provision as to rights under section 80B or 80BB)—
a the words “or 80BB” are repealed;
b the words “or 80AA” are repealed.
5 In subsection (4) (absence on leave under section 80B or 80BB may include a period of other statutory leave)—
I536a the words “or 80BB” are repealed;
I536b paragraph (za) (leave under section 80BB) is repealed;
I202c after paragraph (b) there is inserted—
;
I536d in paragraph (d) (leave under section 80A or 80AA), the words “or 80AA” are repealed.
I5366 In subsection (6) (provision as to remuneration), for “any of sections 80A to 80BB” there is substituted “ section 80A or 80B ”.
I5367 In subsection (7) (provision as to seniority on return etc), for “any of sections 80A to 80BB” there is substituted “ section 80A or 80B ”.
I53735In section 80D (provision as to redundancy or dismissal), in subsection (1), for “, 80AA, 80B or 80BB” there is substituted “ or 80B ”.
I53836
1 Section 80E (supplemental to Chapter 3 of Part 8) is amended as follows.
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
I4581 Section 88 (liability of employer to pay employee during period of notice: employments with normal working hours) is amended as follows.
2 In subsection (1)(c) (liability to employee who is absent from work because of pregnancy etc)—
I458a after “adoption leave,” there is inserted “ shared parental leave, ”;
I539b 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)—
I539a for “ordinary statutory paternity pay, additional statutory paternity pay” there is substituted “ statutory paternity pay ”;
I458b after “statutory adoption pay,” there is inserted “ shared parental pay, statutory shared parental pay, ”.
38
I4591 Section 89 (effect of notice of termination: employments without normal working hours) is amended as follows.
2 In subsection (3)(b) (effect of absence from work because of pregnancy etc during the period of notice)—
I459a after “adoption leave,” there is inserted “ shared parental leave, ”;
I540b 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)—
I540a for “ordinary statutory paternity pay, additional statutory paternity pay” there is substituted “ statutory paternity pay ”;
I459b after “statutory adoption pay,” there is inserted “ shared parental pay, statutory shared parental pay, ”.
39In section 99 (dismissal to be regarded as unfair where the dismissal relates to leave for family reasons), in subsection (3) (reasons or sets of circumstances that may be prescribed)—
I203a after paragraph (ba) there is inserted—
;
I541b in paragraph (ca), for “ordinary or additional paternity leave” there is substituted “ paternity leave ”.
I46040In 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 ”.
I20441In section 230 (meaning of “employee”, etc), after subsection (6) there is inserted—
42In section 235 (other definitions), in subsection (1)—
I542a for the definition of “ordinary or additional paternity leave” there is substituted—
;
I212b in the definition of “week”, in paragraph (b), after “in sections” there is inserted “ 75F, 75H, ”;
c at the appropriate place there is inserted—
.
I54343In 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)

I46144The Social Security Contributions (Transfer of Functions, etc.) Act 1999 is amended as follows.
45
I4621 Section 8 (decisions by officers of Revenue and Customs) is amended as follows.
2 In subsection (1)—
I544a in paragraph (f), for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I462b in paragraph (f), after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”;
I462c in paragraph (g), for “to 12ZB” there is substituted “ to 12ZC ”;
I544d in paragraph (g), for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I462e in paragraph (g), after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”;
I544f in paragraph (ga), for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I462g in paragraph (ga), after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
3 In subsection (3)(b)—
I544a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I462b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
46In section 11 (appeals against decisions of officers of Revenue and Customs), in subsection (2)(a)—
I545a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I463b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
47
I2051 Section 14 (matters arising as respects decisions) is amended as follows.
2 In subsection (1) (regulations as to matters arising pending a decision etc), in paragraph (a)(i)—
I546a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I205b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
3 In subsection (3) (regulations requiring concurrence of the Secretary of State)—
I546a 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 ”.

Finance Act 1999 (c. 16)

48
I2061 Sections 132 and 133 of the Finance Act 1999 have effect as if statutory shared parental pay were a matter which is under the care and management of the Commissioners for Revenue and Customs.
I4832 In this paragraph “statutory shared parental pay” includes statutory pay under Northern Ireland legislation corresponding to the provisions of Part 12ZC of the Social Security Contributions and Benefits Act 1992.

Finance Act 2000 (c. 17)

I46449In 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)

I20750The Employment Act 2002 is amended as follows.
51
I2081 Section 7 (funding of employers' liabilities as regards certain statutory pay) is amended as follows.
2 In subsection (1) (power to make regulations regarding the funding of statutory pay by Her Majesty's Revenue and Customs)—
I547a for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I208b after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”.
3 In subsection (2) (recovery relating to small employers' relief)—
a in paragraph (a)—
I547i for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I208ii after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”;
b in paragraph (b)—
I547i for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I208ii after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
4 In subsection (3) (payments treated as qualifying for small employers' relief)—
I547a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I208b after “statutory adoption pay”, in the first place it occurs, there is inserted “ or statutory shared parental pay ”;
I208c for the words from “treating the period” to the end there is substituted “treating—
52
I2091 Section 8 (regulations about payment) is amended as follows.
2 In subsection (1) (power to make regulations with respect to payment by employers of statutory pay)—
I548a for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I209b after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”.
3 In subsection (2) (further provision as to regulations)—
a in paragraph (a)—
I548i for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I209ii after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”;
b in paragraph (b)—
I548i for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I209ii after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”;
c in paragraph (d)—
I548i for “ordinary statutory paternity pay, additional statutory paternity pay and” there is substituted “ statutory paternity pay, ”;
I209ii after “statutory adoption pay” there is inserted “ and statutory shared parental pay ”.
53
I2101 Section 10 (powers to require information) is amended as follows.
2 In subsection (1) (power to make regulations requiring the production of information or documents)—
I549a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I210b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
3 In subsection (2) (persons who may be specified as liable to produce information or documents), in paragraph (a)—
I549a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I210b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
54In section 11 (penalties for failure to comply), in subsection (6) (failures to make payments)—
I550a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I465b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
55
I4661 Section 12 (penalties for fraud or negligence) is amended as follows.
I5512 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.
I4663 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 ”.
I5514 In subsection (3) (incorrect payment: ordinary statutory paternity pay), the word “ordinary” is repealed.
I4665 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 ”.
I5516 In subsection (5) (fraudulently or negligently providing incorrect information or receiving incorrect payments), the word “ordinary” is repealed.
56In section 13 (supply of information held by Her Majesty's Revenue and Customs), in subsection (1)—
I552a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I467b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
57
I4681 Section 14 (supply of information held by the Secretary of State) is amended as follows.
2 In subsection (1)—
I553a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I468b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
3 In subsection (2)—
I553a for “ordinary statutory paternity pay, additional statutory paternity pay or” there is substituted “ statutory paternity pay, ”;
I468b after “statutory adoption pay” there is inserted “ or statutory shared parental pay ”.
58In section 15 (use of information by Her Majesty's Revenue and Customs), in subsection (2) (functions for the purposes of which information may be used)—
I565a in paragraph (a) (functions relating to ordinary statutory paternity pay), the word “ordinary” is repealed;
b paragraph (aa) (functions relating to additional statutory paternity pay) is repealed;
I479c the “and” following paragraph (b) is repealed;
d after paragraph (b) there is inserted—
.
I48459In section 55 (short title etc), in subsection (8) (references to Great Britain statutory pay to include statutory pay under corresponding Northern Ireland legislation)—
I554a 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)

60
I4691 Section 323 of the Proceeds of Crime Act 2002 (Revenue functions) is amended as follows.
2 In subsection (1) (general Revenue functions)—
I555a in paragraph (g) (ordinary statutory paternity pay), the word “ordinary” is repealed;
I555b paragraph (ga) (additional statutory paternity pay) is repealed;
I469c after paragraph (h) there is inserted—
.
3 In subsection (4) (interpretation: Great Britain)—
I555a in paragraph (d), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”;
I555b paragraph (da) (meaning of “additional statutory paternity pay”) is repealed;
I469c after paragraph (e) there is inserted—
.
I4854 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—
.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)

I47061The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
62
I4711 Section 660 (taxable benefits: UK benefits - Table A) is amended as follows.
I5562 In subsection (1), in Table A, the entry relating to additional statutory paternity pay is repealed.
I5563 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 ”.
I4714 In subsection (1), in Table A, after the entry relating to statutory maternity pay there is inserted—
.
5 In subsection (2)—
I556a the entry relating to additional statutory paternity pay is repealed;
I556b in the entry relating to ordinary statutory paternity pay, the word “ordinary” is repealed;
I471c after the entry relating to statutory maternity pay there is inserted— “ statutory shared parental pay; ”.
I47263
1 Schedule 5 (enterprise management incentives) is amended as follows.
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)

64
I4731 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.
I5572 In paragraph 26 (ordinary statutory paternity pay), for “Ordinary statutory” there is substituted “ Statutory ”.
I5573 Paragraph 26A (additional statutory paternity pay) is repealed.
I4734 After paragraph 26A there is inserted—

Work and Families Act 2006 (c. 18)

I55865The Work and Families Act 2006 is amended as follows.
I55966Sections 3 to 10 (additional paternity leave and additional statutory paternity pay) are repealed.
I56067Section 11(2) (treatment of references to statutory paternity pay) is repealed.
I486I56168In 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)

I47469The Income Tax Act 2007 is amended as follows.
I47570In 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 ”.
I47671In 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 ”.
I47772In 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)

73
I2111 Section 20 of the Welfare Reform Act 2007 (relationship with statutory payments) is amended as follows.
I2112 In subsection (6) (no entitlement to an employment and support allowance during an additional paternity pay period)—
a for “additional statutory paternity pay” there is substituted “ statutory shared parental pay ”;
b for “a day that falls within the additional paternity pay period” there is substituted “ a day that falls within a period in respect of which statutory shared parental pay is payable ”.
I2113 In subsection (7) (regulations providing for exceptions to subsection (6)), in paragraph (a), for “additional statutory paternity pay for a period” there is substituted “ statutory shared parental pay for a period ”.
I5624 In subsection (8) (definitions), the definition of “the additional paternity pay period” is repealed.

Pensions Act 2008 (c. 30)

74In section 13 of the Pensions Act 2008 (qualifying earnings), in subsection (3) (meaning of “earnings”)—
I563a in paragraph (d), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”;
I478b after paragraph (e) there is inserted—
.

Welfare Reform Act 2012 (c. 5)

I56475In 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.

Footnotes

  1. I1
    S. 30 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(a)
  2. I2
    S. 31 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(a)
  3. I3
    S. 34 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(b)
  4. I4
    S. 36 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(c)
  5. I5
    S. 37 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(c)
  6. I6
    S. 41 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(d)
  7. I7
    S. 44 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(e)
  8. I8
    S. 45 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(e)
  9. I9
    S. 46 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(e)
  10. I10
    S. 47 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(e)
  11. I11
    S. 49 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(f)
  12. I12
    S. 51 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(g)
  13. I13
    S. 52 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(g)
  14. I14
    S. 56 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(h)
  15. I15
    S. 67 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(i)
  16. I16
    S. 69 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(j)
  17. I17
    S. 80 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(k)
  18. I18
    S. 84 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(l)
  19. I19
    Sch. 4 para. 1 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  20. I20
    Sch. 4 para. 2 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  21. I21
    Sch. 4 para. 3 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  22. I22
    Sch. 4 para. 4 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  23. I23
    Sch. 4 para. 5 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  24. I24
    Sch. 4 para. 6 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  25. I25
    Sch. 4 para. 7 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  26. I26
    Sch. 4 para. 8 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  27. I27
    Sch. 4 para. 9 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  28. I28
    Sch. 4 para. 10 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  29. I29
    Sch. 4 para. 11 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  30. I30
    Sch. 4 para. 12 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  31. I31
    Sch. 4 para. 13 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  32. I32
    Sch. 4 para. 14 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  33. I33
    Sch. 4 para. 15 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  34. I34
    Sch. 4 para. 16 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  35. I35
    Sch. 4 para. 17 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  36. I36
    Sch. 4 para. 18 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  37. I37
    Sch. 4 para. 19 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  38. I38
    Sch. 4 para. 20 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  39. I39
    Sch. 4 para. 21 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  40. I40
    Sch. 4 para. 22 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  41. I41
    Sch. 4 para. 23 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  42. I42
    Sch. 4 para. 24 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  43. I43
    Sch. 4 para. 25 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  44. I44
    Sch. 4 para. 26 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  45. I45
    Sch. 4 para. 27 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  46. I46
    Sch. 4 para. 28 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  47. I47
    Sch. 4 para. 29 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  48. I48
    Sch. 4 para. 30 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  49. I49
    Sch. 4 para. 31 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  50. I50
    Sch. 4 para. 32 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  51. I51
    Sch. 4 para. 33 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  52. I52
    Sch. 4 para. 34 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  53. I53
    Sch. 4 para. 35 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  54. I54
    Sch. 4 para. 36 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  55. I55
    Sch. 4 para. 37 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  56. I56
    Sch. 4 para. 38 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  57. I57
    Sch. 4 para. 39 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  58. I58
    Sch. 4 para. 40 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  59. I59
    Sch. 4 para. 41 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  60. I60
    Sch. 4 para. 42 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  61. I61
    Sch. 4 para. 43 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  62. I62
    Sch. 4 para. 44 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  63. I63
    Sch. 4 para. 45 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  64. I64
    Sch. 4 para. 46 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  65. I65
    Sch. 4 para. 47 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  66. I66
    Sch. 4 para. 48 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  67. I67
    Sch. 4 para. 49 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  68. I68
    Sch. 4 para. 50 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  69. I69
    Sch. 4 para. 51 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  70. I70
    Sch. 4 para. 52 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  71. I71
    Sch. 4 para. 53 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  72. I72
    Sch. 4 para. 54 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  73. I73
    Sch. 4 para. 55 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  74. I74
    Sch. 4 para. 56 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  75. I75
    Sch. 4 para. 57 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  76. I76
    Sch. 4 para. 58 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  77. I77
    Sch. 4 para. 59 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  78. I78
    Sch. 4 para. 60 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  79. I79
    Sch. 4 para. 61 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  80. I80
    Sch. 4 para. 62 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  81. I81
    Sch. 4 para. 63 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  82. I82
    Sch. 4 para. 64 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(m)
  83. I83
    S. 10 in force at 22.4.2014 by S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)
  84. I84
    S. 13 in force at 22.4.2014 by S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)
  85. I85
    S. 17 in force at 22.4.2014 by S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)
  86. I86
    S. 9 in force at 22.4.2014 by S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  87. I87
    S. 12 in force at 22.4.2014 by S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  88. I88
    S. 14 in force at 22.4.2014 by S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  89. I89
    S. 15(1)(3) in force at 22.4.2014 by S.I. 2014/889, art. 4(d) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  90. I90
    S. 16 in force at 22.4.2014 by S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  91. I91
    Sch. 2 para. 1 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  92. I92
    Sch. 2 para. 2 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  93. I93
    Sch. 2 para. 3 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  94. I94
    Sch. 2 para. 4 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  95. I95
    Sch. 2 para. 5 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  96. I96
    Sch. 2 para. 6 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  97. I97
    Sch. 2 para. 7 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  98. I98
    Sch. 2 para. 8 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  99. I99
    Sch. 2 para. 9 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  100. I100
    Sch. 2 para. 10 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  101. I101
    Sch. 2 para. 11 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  102. I102
    Sch. 2 para. 12 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  103. I103
    Sch. 2 para. 13 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  104. I104
    Sch. 2 para. 14 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  105. I105
    Sch. 2 para. 15 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  106. I106
    Sch. 2 para. 16 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  107. I107
    Sch. 2 para. 17 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  108. I108
    Sch. 2 para. 18 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  109. I109
    Sch. 2 para. 19 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  110. I110
    Sch. 2 para. 20 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  111. I111
    Sch. 2 para. 21 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  112. I112
    Sch. 2 para. 22 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  113. I113
    Sch. 2 para. 23 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  114. I114
    Sch. 2 para. 24 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  115. I115
    Sch. 2 para. 25 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  116. I116
    Sch. 2 para. 26 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  117. I117
    Sch. 2 para. 27 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  118. I118
    Sch. 2 para. 28 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  119. I119
    Sch. 2 para. 29 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  120. I120
    Sch. 2 para. 30 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  121. I121
    Sch. 2 para. 31 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  122. I122
    Sch. 2 para. 32 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  123. I123
    Sch. 2 para. 33 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  124. I124
    Sch. 2 para. 34 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  125. I125
    Sch. 2 para. 35 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  126. I126
    Sch. 2 para. 36 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  127. I127
    Sch. 2 para. 37 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  128. I128
    Sch. 2 para. 38 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  129. I129
    Sch. 2 para. 39 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  130. I130
    Sch. 2 para. 40 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  131. I131
    Sch. 2 para. 41 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  132. I132
    Sch. 2 para. 42 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  133. I133
    Sch. 2 para. 43 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  134. I134
    Sch. 2 para. 44 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  135. I135
    Sch. 2 para. 45 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  136. I136
    Sch. 2 para. 46 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  137. I137
    Sch. 2 para. 47 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  138. I138
    Sch. 2 para. 48 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  139. I139
    Sch. 2 para. 49 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  140. I140
    Sch. 2 para. 50 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  141. I141
    Sch. 2 para. 51 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  142. I142
    Sch. 2 para. 52 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  143. I143
    Sch. 2 para. 53 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  144. I144
    Sch. 2 para. 54 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  145. I145
    Sch. 2 para. 55 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  146. I146
    Sch. 2 para. 56 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  147. I147
    Sch. 2 para. 57 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  148. I148
    Sch. 2 para. 58 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  149. I149
    Sch. 2 para. 59 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  150. I150
    Sch. 2 para. 60 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  151. I151
    Sch. 2 para. 61 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  152. I152
    Sch. 2 para. 62 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  153. I153
    Sch. 2 para. 63 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  154. I154
    Sch. 2 para. 64 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  155. I155
    Sch. 2 para. 65 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  156. I156
    Sch. 2 para. 66 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  157. I157
    Sch. 2 para. 67 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  158. I158
    Sch. 2 para. 68 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  159. I159
    Sch. 2 para. 69 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  160. I160
    Sch. 2 para. 70 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  161. I161
    S. 78 in force at 1.5.2014 by S.I. 2014/889, art. 4A (as inserted (30.4.2014) by S.I. 2014/1134, art. 2(2))
  162. I162
    S. 7 in force at 13.5.2014 by S.I. 2014/889, art. 5(b)
  163. I163
    S. 85 in force at 13.5.2014 by S.I. 2014/889, art. 5(d)
  164. I164
    S. 86 in force at 13.5.2014 by S.I. 2014/889, art. 5(d)
  165. I165
    S. 87 in force at 13.5.2014 by S.I. 2014/889, art. 5(d)
  166. I166
    S. 88 in force at 13.5.2014 by S.I. 2014/889, art. 5(d)
  167. I167
    S. 89 in force at 13.5.2014 by S.I. 2014/889, art. 5(d)
  168. I168
    S. 98 in force at 13.5.2014 by S.I. 2014/889, art. 5(e)
  169. I169
    S. 99 in force at 13.5.2014 by S.I. 2014/889, art. 5(e)
  170. I170
    Sch. 1 para. 1 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  171. I171
    Sch. 1 para. 2 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  172. I172
    Sch. 1 para. 3 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  173. I173
    Sch. 1 para. 4 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  174. I174
    Sch. 1 para. 5 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  175. I175
    Sch. 1 para. 6 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  176. I176
    Sch. 1 para. 7 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  177. I177
    Sch. 1 para. 8 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  178. I178
    Sch. 1 para. 9 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  179. I179
    Sch. 1 para. 10 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  180. I180
    Sch. 1 para. 11 in force at 13.5.2014 by S.I. 2014/889, art. 5(f)
  181. I181
    S. 117 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(a)
  182. I182
    S. 118 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(b)
  183. I183
    S. 119 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(c)
  184. I184
    S. 120 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(d)
  185. I185
    S. 121 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(e)
  186. I186
    S. 122 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(f)
  187. I187
    S. 123(1)(2) in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(g) (with art. 9)
  188. I188
    S. 126(1) in force at 30.6.2014 for specified purposes by S.I. 2014/1640, art. 3(1)(h)
  189. I189
    S. 127(2)(a)(b) in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(i)
  190. I190
    S. 128(2)(a)-(c) in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(j)
  191. I191
    S. 131 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(k) (with art. 10)
  192. I192
    S. 132 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(l) (with art. 10)
  193. I193
    S. 133 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(m) (with art. 10)
  194. I194
    S. 134 in force at 30.6.2014 by S.I. 2014/1640, art. 3(1)(n) (with art. 10)
  195. I195
    Sch. 7 para. 1 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(a)
  196. I196
    Sch. 7 para. 2(1)(4) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(b)
  197. I197
    Sch. 7 para. 9(b) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(c)
  198. I198
    Sch. 7 para. 23 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(d)
  199. I199
    Sch. 7 para. 24(b) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(e)
  200. I200
    Sch. 7 para. 29 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(f)
  201. I201
    Sch. 7 para. 31(a) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(g)
  202. I202
    Sch. 7 para. 34(1)(3)(c)(d)(5)(c) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(h)
  203. I203
    Sch. 7 para. 39(a) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(i)
  204. I204
    Sch. 7 para. 41 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(j)
  205. I205
    Sch. 7 para. 47(1)(2)(b)(3)(b) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(l)
  206. I206
    Sch. 7 para. 48(1) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(m)
  207. I207
    Sch. 7 para. 50 in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(n)
  208. I208
    Sch. 7 para. 51(1)(2)(b)(3)(a)(ii)(b)(ii)(4)(b)(c) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(o) (with art. 9)
  209. I209
    Sch. 7 para. 52(1)(2)(b)(3)(a)(ii)(b)(ii)(c)(ii) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(p)
  210. I210
    Sch. 7 para. 53(1)(2)(b)(3)(b) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(q)
  211. I211
    Sch. 7 para. 73(1)(2)(3) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(r) (with art. 9)
  212. I212
    Sch. 7 para. 42(b)(c) in force at 30.6.2014 by S.I. 2014/1640, art. 3(2)(k)
  213. C1
    S. 11 applied (N.I.) (10.7.2014) by The Police Rehabilitation and Retraining Trust Regulations (Northern Ireland) 2014 (S.R. 2014/163), regs. 1, 7(1)
  214. I213
    S. 1 in force at 25.7.2014 for E. by S.I. 2014/889, art. 6(a)
  215. I214
    S. 2 in force at 25.7.2014 by S.I. 2014/889, art. 6(b)
  216. I215
    S. 3 in force at 25.7.2014 by S.I. 2014/889, art. 6(b)
  217. I216
    S. 6 in force at 25.7.2014 by S.I. 2014/889, art. 6(c)
  218. I217
    S. 8 in force at 25.7.2014 by S.I. 2014/889, art. 6(d)
  219. C2
    S. 27(3)(a)(b) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(a), 64(2), Sch. 3 Pt. 1
  220. C3
    S. 30(6)(a)(i)(ii) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(a), 64(2), Sch. 3 Pt. 1
  221. C4
    S. 30(8)(d)(i)(ii) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(a), 64(2), Sch. 3 Pt. 1
  222. C5
    S. 32(1)(2) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(a), 64(2), Sch. 3 Pt. 1
  223. C6
    S. 32(3)(c) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(a), 64(2), Sch. 3 Pt. 1
  224. C7
    S. 33(2)(a) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  225. C8
    S. 34(5)(c)(7)(c) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  226. C9
    S. 36(1)(4)(5)(7)(9) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  227. C10
    S. 38(1)(2)(a)(b)(5) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  228. C11
    S. 39(8)(a) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  229. C12
    S. 40(5)(a) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  230. C13
    S. 42(5) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  231. C14
    S. 44(2)(a)(6) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  232. C15
    S. 49(1)(2)(3)(d)(4)(a) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  233. C16
    S. 51(1)(3) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  234. C17
    S. 52(2)(3)(4) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  235. C18
    S. 53(1)(a)(3)(a)(4)(a)(i) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  236. C19
    S. 54(1)(a)(2)(a) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  237. C20
    S. 55(1)(3)(4)(5) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  238. C21
    S. 56(1)(f) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  239. C22
    S. 57(2)(b)(3)(b)(5)(a)(8)(b) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  240. C23
    S. 61(3) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  241. C24
    S. 68(2) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  242. C25
    S. 70(5) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2
  243. C26
    Act applied (1.9.2014) by The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/2270), art. 20(1)
  244. C27
    S. 36 modified by 2002 c. 41, s. 36(9)(aa) (as inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(7); S.I. 2014/889, art. 7(a))
  245. I218
    S. 19 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  246. I219
    S. 20 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  247. I220
    S. 21 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  248. I221
    S. 22 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  249. I222
    S. 23 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  250. I223
    S. 24 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  251. I224
    S. 25 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  252. I225
    S. 26 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  253. I226
    S. 27 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  254. I227
    S. 28 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  255. I228
    S. 29 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  256. I229
    S. 30 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  257. I230
    S. 31 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  258. I231
    S. 32 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  259. I232
    S. 33 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  260. I233
    S. 34 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  261. I234
    S. 35 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  262. I235
    S. 36 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  263. I236
    S. 37 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  264. I237
    S. 38 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  265. I238
    S. 39 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  266. I239
    S. 40 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  267. I240
    S. 41 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  268. I241
    S. 42 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  269. I242
    S. 43 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  270. I243
    S. 45 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  271. I244
    S. 46 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  272. I245
    S. 47 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  273. I246
    S. 48 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  274. I247
    S. 49 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  275. I248
    S. 50 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  276. I249
    S. 51 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  277. I250
    S. 52 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  278. I251
    S. 53 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  279. I252
    S. 54 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  280. I253
    S. 55 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  281. I254
    S. 56 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  282. I255
    S. 57 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  283. I256
    S. 58 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  284. I257
    S. 59 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  285. I258
    S. 60 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  286. I259
    S. 61 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  287. I260
    S. 62 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  288. I261
    S. 63 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  289. I262
    S. 64 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  290. I263
    S. 65 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  291. I264
    S. 66 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  292. I265
    S. 67 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  293. I266
    S. 68 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  294. I267
    S. 69 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  295. I268
    S. 70(1) in force at 1.9.2014 for specified purposes by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619))
  296. I269
    S. 76 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  297. I270
    S. 77 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  298. I271
    S. 79 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  299. I272
    S. 80 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  300. I273
    S. 81 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  301. I274
    S. 82 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  302. I275
    S. 83 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  303. I276
    Sch. 3 para. 1 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  304. I277
    Sch. 3 para. 2 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  305. I278
    Sch. 3 para. 3 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  306. I279
    Sch. 3 para. 4 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  307. I280
    Sch. 3 para. 5 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  308. I281
    Sch. 3 para. 6 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  309. I282
    Sch. 3 para. 7 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  310. I283
    Sch. 3 para. 8 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  311. I284
    Sch. 3 para. 9 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  312. I285
    Sch. 3 para. 10 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  313. I286
    Sch. 3 para. 11 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  314. I287
    Sch. 3 para. 12 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  315. I288
    Sch. 3 para. 13 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  316. I289
    Sch. 3 para. 14 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  317. I290
    Sch. 3 para. 15 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  318. I291
    Sch. 3 para. 16 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  319. I292
    Sch. 3 para. 17 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  320. I293
    Sch. 3 para. 18 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  321. I294
    Sch. 3 para. 19 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  322. I295
    Sch. 3 para. 20 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  323. I296
    Sch. 3 para. 21 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  324. I297
    Sch. 3 para. 22 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  325. I298
    Sch. 3 para. 23 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  326. I299
    Sch. 3 para. 24 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  327. I300
    Sch. 3 para. 25 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  328. I301
    Sch. 3 para. 26 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  329. I302
    Sch. 3 para. 27 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  330. I303
    Sch. 3 para. 28 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  331. I304
    Sch. 3 para. 29 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  332. I305
    Sch. 3 para. 30 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  333. I306
    Sch. 3 para. 31 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  334. I307
    Sch. 3 para. 32 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  335. I308
    Sch. 3 para. 33 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  336. I309
    Sch. 3 para. 34 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  337. I310
    Sch. 3 para. 35 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  338. I311
    Sch. 3 para. 36 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  339. I312
    Sch. 3 para. 37 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  340. I313
    Sch. 3 para. 38 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  341. I314
    Sch. 3 para. 39 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  342. I315
    Sch. 3 para. 40 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  343. I316
    Sch. 3 para. 41 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  344. I317
    Sch. 3 para. 42 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  345. I318
    Sch. 3 para. 43 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  346. I319
    Sch. 3 para. 44 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  347. I320
    Sch. 3 para. 45 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  348. I321
    Sch. 3 para. 46 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  349. I322
    Sch. 3 para. 47 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  350. I323
    Sch. 3 para. 48 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  351. I324
    Sch. 3 para. 49 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  352. I325
    Sch. 3 para. 50 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  353. I326
    Sch. 3 para. 51 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  354. I327
    Sch. 3 para. 52 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  355. I328
    Sch. 3 para. 53 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  356. I329
    Sch. 3 para. 54 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  357. I330
    Sch. 3 para. 59 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  358. I331
    Sch. 3 para. 60 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  359. I332
    Sch. 3 para. 61 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  360. I333
    Sch. 3 para. 62 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  361. I334
    Sch. 3 para. 63 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  362. I335
    Sch. 3 para. 64 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  363. I336
    Sch. 3 para. 65 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  364. I337
    Sch. 3 para. 66 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  365. I338
    Sch. 3 para. 67 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  366. I339
    Sch. 3 para. 68 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  367. I340
    Sch. 3 para. 69 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  368. I341
    Sch. 3 para. 70 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  369. I342
    Sch. 3 para. 71 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  370. I343
    Sch. 3 para. 72 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  371. I344
    Sch. 3 para. 73 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  372. I345
    Sch. 3 para. 74 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  373. I346
    Sch. 3 para. 75 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  374. I347
    Sch. 3 para. 76 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  375. I348
    Sch. 3 para. 77 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  376. I349
    Sch. 3 para. 78 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  377. I350
    Sch. 3 para. 79 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  378. I351
    Sch. 3 para. 80 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  379. I352
    Sch. 3 para. 81 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  380. I353
    Sch. 3 para. 82 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  381. I354
    Sch. 3 para. 83 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  382. I355
    Sch. 3 para. 84 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  383. I356
    Sch. 3 para. 85 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  384. I357
    Sch. 3 para. 86 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  385. I358
    Sch. 3 para. 87 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  386. I359
    Sch. 3 para. 88 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  387. I360
    Sch. 3 para. 89 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  388. I361
    Sch. 3 para. 90 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  389. I362
    Sch. 3 para. 91 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  390. I363
    Sch. 3 para. 92 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  391. I364
    Sch. 3 para. 93 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  392. I365
    Sch. 3 para. 94 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  393. I366
    Sch. 3 para. 95 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  394. I367
    Sch. 3 para. 96 in force at 1.9.2014 by S.I. 2014/889, art. 7(a)
  395. I368
    S. 84 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(b)
  396. I369
    S. 100 in force at 1.9.2014 by S.I. 2014/889, art. 7(c)
  397. I370
    S. 106 in force at 1.9.2014 by S.I. 2014/889, art. 7(d)
  398. I371
    Sch. 4 para. 1 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  399. I372
    Sch. 4 para. 2 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  400. I373
    Sch. 4 para. 3 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  401. I374
    Sch. 4 para. 4 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  402. I375
    Sch. 4 para. 5 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  403. I376
    Sch. 4 para. 6 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  404. I377
    Sch. 4 para. 7 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  405. I378
    Sch. 4 para. 8 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  406. I379
    Sch. 4 para. 9 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  407. I380
    Sch. 4 para. 10 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  408. I381
    Sch. 4 para. 11 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  409. I382
    Sch. 4 para. 12 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  410. I383
    Sch. 4 para. 13 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  411. I384
    Sch. 4 para. 14 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  412. I385
    Sch. 4 para. 15 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  413. I386
    Sch. 4 para. 16 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  414. I387
    Sch. 4 para. 17 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  415. I388
    Sch. 4 para. 18 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  416. I389
    Sch. 4 para. 19 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  417. I390
    Sch. 4 para. 20 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  418. I391
    Sch. 4 para. 21 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  419. I392
    Sch. 4 para. 22 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  420. I393
    Sch. 4 para. 23 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  421. I394
    Sch. 4 para. 24 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  422. I395
    Sch. 4 para. 25 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  423. I396
    Sch. 4 para. 26 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  424. I397
    Sch. 4 para. 27 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  425. I398
    Sch. 4 para. 28 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  426. I399
    Sch. 4 para. 29 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  427. I400
    Sch. 4 para. 30 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  428. I401
    Sch. 4 para. 31 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  429. I402
    Sch. 4 para. 32 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  430. I403
    Sch. 4 para. 33 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  431. I404
    Sch. 4 para. 34 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  432. I405
    Sch. 4 para. 35 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  433. I406
    Sch. 4 para. 36 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  434. I407
    Sch. 4 para. 37 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  435. I408
    Sch. 4 para. 38 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  436. I409
    Sch. 4 para. 39 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  437. I410
    Sch. 4 para. 40 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  438. I411
    Sch. 4 para. 41 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  439. I412
    Sch. 4 para. 42 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  440. I413
    Sch. 4 para. 43 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  441. I414
    Sch. 4 para. 44 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  442. I415
    Sch. 4 para. 45 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  443. I416
    Sch. 4 para. 46 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  444. I417
    Sch. 4 para. 47 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  445. I418
    Sch. 4 para. 48 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  446. I419
    Sch. 4 para. 49 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  447. I420
    Sch. 4 para. 50 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  448. I421
    Sch. 4 para. 51 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  449. I422
    Sch. 4 para. 52 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  450. I423
    Sch. 4 para. 53 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  451. I424
    Sch. 4 para. 54 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  452. I425
    Sch. 4 para. 55 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  453. I426
    Sch. 4 para. 56 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  454. I427
    Sch. 4 para. 57 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  455. I428
    Sch. 4 para. 58 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  456. I429
    Sch. 4 para. 59 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  457. I430
    Sch. 4 para. 60 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  458. I431
    Sch. 4 para. 61 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  459. I432
    Sch. 4 para. 62 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  460. I433
    Sch. 4 para. 63 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  461. I434
    Sch. 4 para. 64 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(e)
  462. F1
    S. 58 repealed at the end of five years beginning with the day on which this Act is passed by Children and Families Act 2014 (c. 6), s. 58(5); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
  463. C28
    S. 19(a)(b)(c)(d) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(a), (2), Sch. 3 Pt. 1
  464. I435
    S. 127(1)(2)(c) in force at 1.10.2014 by S.I. 2014/1640, art. 4(a)
  465. I436
    S. 129(1) in force at 1.10.2014 for specified purposes by S.I. 2014/1640, art. 4(b)
  466. I437
    S. 129(2)(3) in force at 1.10.2014 by S.I. 2014/1640, art. 4(b)
  467. I438
    S. 130 in force at 1.10.2014 by S.I. 2014/1640, art. 4(c) (with art. 11)
  468. I439
    S. 91 in force at 1.10.2014 for specified purposes by S.I. 2014/2609, art. 2
  469. I440
    S. 92 in force at 1.10.2014 for specified purposes by S.I. 2014/2609, art. 2
  470. I441
    S. 93 in force at 1.10.2014 for specified purposes by S.I. 2014/2609, art. 2
  471. I442
    S. 94 in force at 1.10.2014 for specified purposes by S.I. 2014/2609, art. 2
  472. I443
    S. 95 in force at 1.10.2014 for specified purposes by S.I. 2014/2609, art. 2
  473. I444
    S. 11 in force at 22.10.2014 by S.I. 2014/2749, art. 3 (with art. 4)
  474. I445
    S. 126(1) in force at 1.12.2014 for specified purposes by S.I. 2014/1640, art. 5(1)
  475. I446
    Sch. 7 para. 2(3)(a) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(a)
  476. I447
    Sch. 7 para. 2(5) in force at 1.12.2014 for specified purposes by S.I. 2014/1640, art. 5(2)(a)
  477. I448
    Sch. 7 para. 3(1)(2) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(b)
  478. I449
    Sch. 7 para. 3(3) in force at 1.12.2014 for specified purposes by S.I. 2014/1640, art. 5(2)(b)
  479. I450
    Sch. 7 para. 4 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(c)
  480. I451
    Sch. 7 para. 5(1)(2)(b)(3)(b)(4)(b)(5)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(d) (with art. 12)
  481. I452
    Sch. 7 para. 6 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(e)
  482. I453
    Sch. 7 para. 7(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(f)
  483. I454
    Sch. 7 para. 25(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(h)
  484. I455
    Sch. 7 para. 27(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(i)
  485. I456
    Sch. 7 para. 28(1)(2)(c)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(j)
  486. I457
    Sch. 7 para. 30(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(k)
  487. I458
    Sch. 7 para. 37(1)(2)(a)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(l)
  488. I459
    Sch. 7 para. 38(1)(2)(a)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(m)
  489. I460
    Sch. 7 para. 40 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(n) (with art. 12)
  490. I461
    Sch. 7 para. 44 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(o)
  491. I462
    Sch. 7 para. 45(1)(2)(b)(c)(e)(g)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(p)
  492. I463
    Sch. 7 para. 46(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(q)
  493. I464
    Sch. 7 para. 49 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(r)
  494. I465
    Sch. 7 para. 54(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(s)
  495. I466
    Sch. 7 para. 55(1)(3)(5) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(t) (with art. 12)
  496. I467
    Sch. 7 para. 56(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(u)
  497. I468
    Sch. 7 para. 57(1)(2)(b)(3)(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(v)
  498. I469
    Sch. 7 para. 60(1)(2)(c)(3)(c) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(x)
  499. I470
    Sch. 7 para. 61 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(y)
  500. I471
    Sch. 7 para. 62(1)(4)(5)(c) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(z)
  501. I472
    Sch. 7 para. 63 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(aa)
  502. I473
    Sch. 7 para. 64(1)(4) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(bb)
  503. I474
    Sch. 7 para. 69 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(cc)
  504. I475
    Sch. 7 para. 70 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(cc)
  505. I476
    Sch. 7 para. 71 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(cc)
  506. I477
    Sch. 7 para. 72 in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(cc)
  507. I478
    Sch. 7 para. 74(b) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(dd)
  508. I479
    Sch. 7 para. 58(c)(d) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(w)
  509. I480
    Sch. 7 para. 8(b)(c) in force at 1.12.2014 by S.I. 2014/1640, art. 5(2)(g)
  510. I481
    S. 126(1) in force at 15.3.2015 for specified purposes, that being the date on which 1992 c. 7, Pt. 12ZC comes into force by virtue of S.R. 2015/86, art. 3(1)(d) by S.I. 2014/1640, art. 8
  511. I482
    Sch. 7 para. 5(6) in force at 15.3.2015 being the date on which 1992 c. 7, Pt. 12ZC comes into force by virtue of S.R. 2015/86, art. 3(1)(d) by S.I. 2014/1640, art. 8(a) (with art. 18)
  512. I483
    Sch. 7 para. 48(2) in force at 15.3.2015 being the date on which 1992 c. 7, Pt. 12ZC comes into force by virtue of S.R. 2015/86, art. 3(1)(d) by S.I. 2014/1640, art. 8(b)
  513. I484
    Sch. 7 para. 59 in force at 15.3.2015 being the date on which 1992 c. 7, Pt. 12ZC comes into force by virtue of S.R. 2015/86, art. 3(1)(d) by S.I. 2014/1640, art. 8(c) (with art. 18)
  514. I485
    Sch. 7 para. 60(4) in force at 15.3.2015 being the date on which 1992 c. 7, Pt. 12ZC comes into force by virtue of S.R. 2015/86, art. 3(1)(d) by S.I. 2014/1640, art. 8(d) (with art. 18)
  515. I486
    Sch. 7 para. 68 in force at 15.3.2015 for specified purposes, that being the date on which 1992 c. 7, Pt. 12ZC comes into force by virtue of S.R. 2015/86, art. 3(1)(d) by S.I. 2014/1640, art. 8(e)
  516. F2
    Words in s. 91 heading inserted (26.3.2015) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (S.I. 2015/895), regs. 1(2), 2(2)
  517. F3
    S. 91(8) added (26.3.2015) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (S.I. 2015/895), regs. 1(2), 2(4)
  518. F4
    Words in s. 91(1) substituted (26.3.2015) by The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 (S.I. 2015/895), regs. 1(2), 2(3)
  519. C29
    Pt. 3 modified (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 31(1), 32(1)
  520. I487
    S. 70(1) in force at 1.4.2015 in so far as not already in force by S.I. 2015/375, art. 2(a)
  521. I488
    S. 70(2)-(7) in force at 1.4.2015 by S.I. 2015/375, art. 2(b)
  522. I489
    S. 71 in force at 1.4.2015 by S.I. 2015/375, art. 2(b)
  523. I490
    S. 72 in force at 1.4.2015 by S.I. 2015/375, art. 2(b)
  524. I491
    S. 73 in force at 1.4.2015 by S.I. 2015/375, art. 2(b)
  525. I492
    S. 74 in force at 1.4.2015 by S.I. 2015/375, art. 2(b)
  526. I493
    S. 75 in force at 1.4.2015 by S.I. 2015/375, art. 2(b)
  527. I494
    S. 96 in force at 1.4.2015 by S.I. 2015/375, art. 2(c)
  528. I495
    S. 97 in force at 1.4.2015 by S.I. 2015/375, art. 2(c)
  529. I496
    S. 105 in force at 1.4.2015 by S.I. 2015/375, art. 2(d)
  530. I497
    Sch. 3 para. 55 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)
  531. I498
    Sch. 3 para. 56 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)
  532. I499
    Sch. 3 para. 57 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)
  533. I500
    Sch. 3 para. 58 in force at 1.4.2015 by S.I. 2015/375, art. 2(e)
  534. F5
    Words in s. 37(2)(e) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 97 (with arts. 1(3), 3)
  535. I501
    S. 124 in force at 5.4.2015 by S.I. 2014/1640, art. 6(a) (with art. 13)
  536. I502
    S. 125 in force at 5.4.2015 by S.I. 2014/1640, art. 6(b) (with art. 14)
  537. I503
    S. 126(1) in force at 5.4.2015 for specified purposes by S.I. 2014/1640, art. 6(c)
  538. I504
    S. 126(2)-(4) in force at 5.4.2015 by S.I. 2014/1640, art. 6(c) (with art. 15)
  539. I505
    S. 128(1)(2)(d)(e) in force at 5.4.2015 by S.I. 2014/1640, art. 6(d)
  540. I506
    S. 129(1) in force at 5.4.2015 for specified purposes by S.I. 2014/1640, art. 6(e)
  541. I507
    Sch. 7 para. 2(2)(3)(b)(c)(6) in force at 5.4.2015 by S.I. 2014/1640, art. 7(a) (with art. 16)
  542. I508
    Sch. 7 para. 2(5) in force at 5.4.2015 for specified purposes by S.I. 2014/1640, art. 7(a) (with art. 16)
  543. I509
    Sch. 7 para. 3(3) in force at 5.4.2015 for specified purposes by S.I. 2014/1640, art. 7(b) (with art. 16)
  544. I510
    Sch. 7 para. 5(2)(a)(3)(a)(4)(a)(5)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(c) (with arts. 16, 17)
  545. I511
    Sch. 7 para. 7(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(d) (with art. 16)
  546. I512
    Sch. 7 para. 8(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(e) (with art. 16)
  547. I513
    Sch. 7 para. 9(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(f) (with art. 16)
  548. I514
    Sch. 7 para. 10 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  549. I515
    Sch. 7 para. 11 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  550. I516
    Sch. 7 para. 12 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  551. I517
    Sch. 7 para. 13 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  552. I518
    Sch. 7 para. 14 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  553. I519
    Sch. 7 para. 15 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  554. I520
    Sch. 7 para. 16 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  555. I521
    Sch. 7 para. 17 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  556. I522
    Sch. 7 para. 18 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  557. I523
    Sch. 7 para. 19 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  558. I524
    Sch. 7 para. 20 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  559. I525
    Sch. 7 para. 21 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  560. I526
    Sch. 7 para. 22 in force at 5.4.2015 by S.I. 2014/1640, art. 7(g) (with art. 16)
  561. I527
    Sch. 7 para. 24(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(h) (with art. 16)
  562. I528
    Sch. 7 para. 25(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(i) (with art. 16)
  563. I529
    Sch. 7 para. 26 in force at 5.4.2015 by S.I. 2014/1640, art. 7(j) (with art. 16)
  564. I530
    Sch. 7 para. 27(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(k) (with art. 16)
  565. I531
    Sch. 7 para. 28(2)(a)(b)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(l) (with art. 16)
  566. I532
    Sch. 7 para. 30(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(m) (with art. 16)
  567. I533
    Sch. 7 para. 31(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(n) (with art. 16)
  568. I534
    Sch. 7 para. 32 in force at 5.4.2015 by S.I. 2014/1640, art. 7(o) (with art. 16)
  569. I535
    Sch. 7 para. 33 in force at 5.4.2015 by S.I. 2014/1640, art. 7(o) (with art. 16)
  570. I536
    Sch. 7 para. 34(2)(3)(a)(b)(4)(5)(a)(b)(d)(6)(7) in force at 5.4.2015 by S.I. 2014/1640, art. 7(p) (with art. 16)
  571. I537
    Sch. 7 para. 35 in force at 5.4.2015 by S.I. 2014/1640, art. 7(q) (with art. 16)
  572. I538
    Sch. 7 para. 36 in force at 5.4.2015 by S.I. 2014/1640, art. 7(q) (with art. 16)
  573. I539
    Sch. 7 para. 37(2)(b)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(r) (with art. 16)
  574. I540
    Sch. 7 para. 38(2)(b)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(s) (with art. 16)
  575. I541
    Sch. 7 para. 39(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(t) (with art. 16)
  576. I542
    Sch. 7 para. 42(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(u) (with art. 16)
  577. I543
    Sch. 7 para. 43 in force at 5.4.2015 by S.I. 2014/1640, art. 7(v) (with art. 16)
  578. I544
    Sch. 7 para. 45(2)(a)(d)(f)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(w) (with art. 16)
  579. I545
    Sch. 7 para. 46(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(x) (with art. 16)
  580. I546
    Sch. 7 para. 47(2)(a)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(y) (with art. 16)
  581. I547
    Sch. 7 para. 51(2)(a)(i)(b)(i)(4)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(z) (with art. 16)
  582. I548
    Sch. 7 para. 52(2)(a)(3)(a)(i)(b)(i)(c)(i) in force at 5.4.2015 by S.I. 2014/1640, art. 7(aa) (with art. 16)
  583. I549
    Sch. 7 para. 53(2)(a)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(bb) (with art. 16)
  584. I550
    Sch. 7 para. 54(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(cc) (with art. 16)
  585. I551
    Sch. 7 para. 55(2)(4)(6) in force at 5.4.2015 by S.I. 2014/1640, art. 7(dd) (with art. 16)
  586. I552
    Sch. 7 para. 56(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(ee) (with arts. 16, 19)
  587. I553
    Sch. 7 para. 57(2)(a)(3)(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(ff) (with arts. 16, 19)
  588. I554
    Sch. 7 para. 59(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(hh) (with art. 16)
  589. I555
    Sch. 7 para. 60(2)(a)(b)(3)(a)(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(ii) (with arts. 16, 19)
  590. I556
    Sch. 7 para. 62(2)(3)(5)(a)(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(jj) (with art. 16)
  591. I557
    Sch. 7 para. 64(2)(3) in force at 5.4.2015 by S.I. 2014/1640, art. 7(kk) (with arts. 16, 19)
  592. I558
    Sch. 7 para. 65 in force at 5.4.2015 by S.I. 2014/1640, art. 7(ll) (with art. 16)
  593. I559
    Sch. 7 para. 66 in force at 5.4.2015 by S.I. 2014/1640, art. 7(ll) (with art. 16)
  594. I560
    Sch. 7 para. 67 in force at 5.4.2015 by S.I. 2014/1640, art. 7(ll) (with art. 16)
  595. I561
    Sch. 7 para. 68 in force at 5.4.2015 for specified purposes by S.I. 2014/1640, art. 7(mm) (with art. 16)
  596. I562
    Sch. 7 para. 73(4) in force at 5.4.2015 by S.I. 2014/1640, art. 7(nn) (with art. 16)
  597. I563
    Sch. 7 para. 74(a) in force at 5.4.2015 by S.I. 2014/1640, art. 7(oo) (with art. 16)
  598. I564
    Sch. 7 para. 75 in force at 5.4.2015 by S.I. 2014/1640, art. 7(pp) (with art. 16)
  599. I565
    Sch. 7 para. 58(a)(b) in force at 5.4.2015 by S.I. 2014/1640, art. 7(gg) (with arts. 16, 19)
  600. I566
    S. 91 in force at 1.10.2015 in so far as not already in force by S.I. 2015/375, art. 3
  601. I567
    S. 92 in force at 1.10.2015 in so far as not already in force by S.I. 2015/375, art. 3
  602. I568
    S. 93 in force at 1.10.2015 in so far as not already in force by S.I. 2015/375, art. 3
  603. I569
    S. 94 in force at 1.10.2015 in so far as not already in force by S.I. 2015/375, art. 3
  604. I570
    S. 95 in force at 1.10.2015 in so far as not already in force by S.I. 2015/375, art. 3
  605. I571
    S. 1 in force at 19.10.2015 for W. by S.I. 2015/1808, art. 2
  606. F6
    S. 16(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 291
  607. F7
    S. 4 omitted (7.3.2018) by virtue of Education and Adoption Act 2016 (c. 6), ss. 16(c), 19(2); S.I. 2018/300, reg. 2(b)
  608. F8
    Words in s. 30 substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 4; S.I. 2018/346, reg. 4(aa)
  609. F9
    Words in s. 83(2) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 13
  610. F10
    S. 91(5)(c) inserted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 17; S.I. 2021/202, art. 2
  611. F11
    Words in s. 43(1)(a) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(3)(a); S.I. 2021/373, art. 8(j)(xxxviii)
  612. F12
    Words in s. 43(1)(b) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(3)(b); S.I. 2021/373, art. 8(j)(xxxviii)
  613. F13
    Words in s. 43(1)(e) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(3)(c); S.I. 2021/373, art. 8(j)(xxxviii)
  614. F14
    Words in s. 83(6) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(5); S.I. 2021/373, art. 8(j)(xxxviii)
  615. I572
    S. 44 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
  616. F15
    Words in s. 23(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 200(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  617. F16
    Word in s. 23(2)-(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 200(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  618. F17
    Words in s. 26 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  619. F18
    Word in s. 26(7) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(7)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  620. F19
    Words in s. 26(8)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 201(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  621. F20
    Words in s. 26(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 201(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  622. F21
    Word in s. 27(4) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(7)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  623. F22
    Words in s. 28 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  624. F23
    Words in s. 28(2)(l) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 202; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  625. F24
    Words in s. 28(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 202; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  626. F25
    Words in s. 31 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  627. F26
    S. 31(1)(e) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 203; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  628. F27
    Words in s. 53 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  629. F28
    S. 53(5)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 204; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  630. F29
    S. 56(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 205; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  631. F30
    Words in s. 56 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  632. F31
    Words in s. 57 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  633. F32
    S. 57(7)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 206; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  634. F33
    Words in s. 77 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  635. F34
    S. 77(1)(k) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 207; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  636. F35
    S. 81 omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 23(4); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
  637. F36
    S. 118(6)(7) omitted (18.2.2026 for specified purposes) by virtue of Employment Rights Act 2025 (c. 36), ss. 17(4), 159(3); S.I. 2026/3, reg. 3(4)