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Children and Families Act 2014

Type Public General Act

Publication 2014-03-13

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(b) section 408 (information in relation to maintained 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;

(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

77

(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;

(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.

Making and approval of code

78

(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.

Review of resolution of disagreements

79

(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

Parents and young people lacking capacity

80

(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.

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

81

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.

Consequential amendments

82

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

Interpretation of Part 3

83

(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—a maintained school that is not a special school, oran Academy school that is not a special school;

“maintained school” means—a community, foundation or voluntary school, ora community or foundation special school not established in a hospital;

“post-16 institution” means an institution which—provides education or training for those over compulsory school age, butis 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

Childminder agencies

84

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.

Inspections at request of providers of childcare to young children

85

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

(5A) The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where— (a) the inspection is conducted at the request of a registered person who provides that early years provision, and (b) the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.

Repeal of local authority’s duty to assess sufficiency of childcare provision

86

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11 of the Childcare Act 2006 (duty of local authority in England to assess sufficiency of childcare provision) is repealed.

Discharge of authority’s duty to secure free early years provision

87

(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—

(7A) (1) Regulations may require an English local authority to discharge its duty to a young child under section 7 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where— (a) the early years provider is willing to provide it, and (b) the early years provider is also willing to accept— (i) any terms as to the payments which would be made to him or her in respect of the provision, and (ii) any requirements which would be imposed in respect of it. (2) Arrangements made by an authority to satisfy any requirement imposed under subsection (1) may be made with an early years provider or with an early years childminder agency or any other person who is able to arrange for an early years provider to provide early years provision. (3) The regulations may provide that such a requirement— (a) applies only if the early years provider is of a prescribed description; (b) applies only if the early years provision provided by the early years provider is of a prescribed description; (c) does not apply in prescribed circumstances. (4) The regulations may provide that arrangements made by an authority for the purpose of complying with such a requirement must include provision allowing the local authority to terminate the arrangements in prescribed circumstances. (5) In this section— - “early years childminder agency” and “early years provider” have the same meanings as in Part 3; - “parent” has the same meaning as in section 2.

(3) After section 9 (arrangements between local authority and childcare providers) insert—

(9A) Regulations may provide that arrangements made by an English local authority for the purpose of discharging its duty under section 7— (a) may impose requirements on the person with whom the arrangements are made only if the requirements are of a prescribed description; (b) may not impose requirements of a prescribed description on the person with whom the arrangements are made.

Governing bodies: provision of community facilities

88

(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)”.

Childcare costs scheme: preparatory expenditure

89

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

Extension of licensing of child performances to children under 14

90

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

Purchase of tobacco etc. on behalf of persons under 18

91

(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.

(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;

(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.

Prohibition of sale of nicotine products to persons under 18

92

(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

(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;

(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).

Amendments consequential on section 92

93

(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

(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 ”,

(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

, or (d) an offence committed under section 92 of the Children and Families Act 2014 on any premises (which are accordingly “the premises in relation to which the offence is committed”).

, and

(2A) In sections 12A to 12C “nicotine product” means a nicotine product within the meaning of section 92 of the Children and Families Act 2014 the sale of which to persons aged under 18 is for the time being prohibited by regulations under subsection (1) of that section.

(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—

(1A) Subsection (1) applies in relation to section 92 of the Children and Families Act 2014 only if regulations under subsection (1) of that section are for the time being in force.

(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.

Regulation of retail packaging etc of tobacco products

94

(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;

(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;

(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;

(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);

(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

(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

(15) In this section—

“appropriate minister”—in relation to England, means the Secretary of State,in relation to Wales, means the Welsh Ministers,in relation to Northern Ireland, means the Department of Health, Social Services and Public Safety, andin relation to Scotland, means the Scottish Ministers;

“enactment” includes—an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern 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—the external packaging of that product,any internal packaging of that product,any wrapper of that product, orany 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.

Smoking in a private vehicle

95

(1) The Health Act 2006 is amended as follows.

(2) In section 5 (smoke-free vehicles)—

(a) after subsection (1) insert—

(1A) Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle.

, and

(b) in subsection (2), for “The regulations” substitute “ Regulations under this section ”.

(3) In section 9 (fixed penalties), after subsection (1) insert—

(1A) The appropriate national authority may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 8(4) in relation to a vehicle in relation to which the authorised officer has functions may give the person a penalty notice in respect of the offence.

(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

(4A) No statutory instrument containing regulations under section 9(1A) or paragraph 17 of Schedule 1 may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6) In Schedule 1 (fixed penalties), after paragraph 16 insert—

(17) The appropriate national authority may by regulations— (a) amend this Schedule so as to modify its application in relation to penalty notices issued by an authorised officer of an enforcement authority of a particular kind, or (b) provide for this Schedule to apply with modifications in relation to such notices.

Young carers and parent carers

Young carers

96

(1) In the Children Act 1989, after section 17 insert—

(17ZA) (1) A local authority in England must assess whether a young carer within their area has needs for support and, if so, what those needs are, if— (a) it appears to the authority that the young carer may have needs for support, or (b) the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support. (2) An assessment under subsection (1) is referred to in this Part as a “young carer's needs assessment”. (3) In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)). (4) Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for. (5) But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment. (6) “Care-related assessment” means— (a) a young carer's needs assessment; (b) an assessment under any of the following— (i) section 1 of the Carers (Recognition and Services) Act 1995; (ii) section 1 of the Carers and Disabled Children Act 2000; (iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003. (7) A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes. (8) A local authority, in carrying out a young carer's needs assessment, must have regard to— (a) the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and (b) the extent to which the young carer works or wishes to work. (9) A local authority, in carrying out a young carer's needs assessment, must involve— (a) the young carer, (b) the young carer's parents, and (c) any person who the young carer or a parent of the young carer requests the authority to involve. (10) A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to— (a) the young carer, (b) the young carer's parents, and (c) any person to whom the young carer or a parent of the young carer requests the authority to give a copy. (11) Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need. (12) A local authority in England must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support. (17ZB) (1) This section applies for the purposes of section 17ZA. (2) “Parent”, in relation to a young carer, includes— (a) a parent of the young carer who does not have parental responsibility for the young carer, and (b) a person who is not a parent of the young carer but who has parental responsibility for the young carer. (3) A person is not a young carer if the person provides or intends to provide care— (a) under or by virtue of a contract, or (b) as voluntary work. (4) But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case). (5) The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support. (6) Where a local authority— (a) are required to carry out a young carer's needs assessment, and (b) are required or have decided to carry out some other assessment of the young carer or of the person cared for; the local authority may, subject to subsection (7), combine the assessments. (7) A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree. (8) The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular— (a) specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment; (b) specify matters which a local authority is to determine in carrying out a young carer's needs assessment; (c) make provision about the manner in which a young carer's needs assessment is to be carried out; (d) make provision about the form a young carer's needs assessment is to take. (9) The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to— (a) add an entry, (b) remove an entry, or (c) vary an entry. (17ZC) A local authority that carry out a young carer's needs assessment must consider the assessment and decide— (a) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide; (b) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and (c) if they could be so satisfied, whether or not to provide any such services in relation to the young carer.

(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—

(3AA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).

Parent carers

97

(1) In the Children Act 1989, after section 17ZC (as inserted by section 96) insert—

(17ZD) (1) A local authority in England must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are. (2) In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility. (3) The first condition is that— (a) it appears to the authority that the parent carer may have needs for support, or (b) the authority receive a request from the parent carer to assess the parent carer's needs for support. (4) The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17. (5) An assessment under subsection (1) is referred to in this Part as a “parent carer's needs assessment”. (6) Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for. (7) But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment. (8) “Care-related assessment” means— (a) a parent carer's needs assessment; (b) an assessment under any of the following— (i) section 1 of the Carers (Recognition and Services) Act 1995; (ii) section 6 of the Carers and Disabled Children Act 2000; (iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003. (9) A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes. (10) A local authority in carrying out a parent carer's needs assessment must have regard to— (a) the well-being of the parent carer, and (b) the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility. (11) In subsection (10) “well-being” has the same meaning as in Part 1 of the Care Act 2014. (12) A local authority, in carrying out a parent carer's needs assessment, must involve— (a) the parent carer, (b) any child for whom the parent carer has parental responsibility, and (c) any person who the parent carer requests the authority to involve. (13) A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to— (a) the parent carer, and (b) any person to whom the parent carer requests the authority to give a copy. (14) A local authority in England must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support. (17ZE) (1) This section applies for the purposes of section 17ZD. (2) The references in section 17ZD to providing care include a reference to providing practical or emotional support. (3) Where a local authority— (a) are required to carry out a parent carer's needs assessment, and (b) are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for, the local authority may combine the assessments. (4) The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular— (a) specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment; (b) specify matters which a local authority is to determine in carrying out a parent carer's needs assessment; (c) make provision about the manner in which a parent carer's needs assessment is to be carried out; (d) make provision about the form a parent carer's needs assessment is to take. (5) The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to— (a) add an entry, (b) remove an entry, or (c) vary an entry. (17ZF) A local authority that carry out a parent carer's needs assessment must consider the assessment and decide— (a) whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide; (b) whether the disabled child cared for has needs for support; (c) if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and (d) if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.

(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—

(3AB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).

Staying put arrangements

Arrangements for living with former foster parents after reaching adulthood

98

(1) The Children Act 1989 is amended as follows.

(2) After section 23C (continuing functions in respect of former relevant children) insert—

(23CZA) (1) Each local authority in England have the duties provided for in subsection (3) in relation to a staying put arrangement. (2) A “staying put arrangement” is an arrangement under which— (a) a person who is a former relevant child by virtue of section 23C(1)(b), and (b) a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority, continue to live together after the former relevant child has ceased to be looked after. (3) It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)— (a) to monitor the staying put arrangement, and (b) to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement. (4) Support provided to the former foster parent under subsection (3)(b) must include financial support. (5) Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child. (6) The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.

(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—

(19BA) (1) This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority in England with a local authority foster parent. (2) When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her. (3) The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if— (a) the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and (b) the eligible child and the local authority foster parent wish to make a staying put arrangement. (4) In this paragraph, “staying put arrangement” has the meaning given by section 23CZA.

Educational achievement of looked after children

Promotion of educational achievement of children looked after by local authorities

99

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—

(3B) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A). (3C) A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority in England.

Pupils with medical conditions

Duty to support pupils with medical conditions

100

(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;

(d) a pupil referral unit.

(5) In this section—

“the appropriate authority for a school” means—in the case of a maintained school, the governing body,in the case of an Academy, the proprietor, andin the case of a pupil referral unit, the management committee;

“maintained school” means—a community, foundation or voluntary school, within the meaning of the School Standards and Framework Act 1998, ora 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

Local authority functions relating to children etc: intervention

101

(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—

(4AA) So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable. (4AB) Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced. (4AC) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given.

(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—

(6A) So far as is appropriate in consequence of a direction given under subsection (6)(a), a reference (however expressed) in an enactment, instrument or other document to a best value authority is to be read as a reference to the person by whom the function is exercisable. (6B) Subsection (6C) applies if a direction given under subsection (6)(a) expires or is revoked without being replaced. (6C) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the best value authority to which the direction was given.

Regulation of children's homes etc

Application of suspension etc powers to establishments and agencies in England

102

(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

(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”.

Objectives and standards for establishments and agencies in England

103

(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

— (a) regulations made by the Secretary of State may in particular make any provision such as is mentioned in subsection (1A), (2), (7) or (8), and (b) regulations made by the Welsh Ministers may in particular make any provision such as is mentioned in subsection (2), (7) or (8).

(2) In that section, after subsection (1) insert—

(1A) Regulations made by the Secretary of State may prescribe objectives and standards which must be met in relation to an establishment or agency for which the CIECSS is the registration authority.

National minimum standards for establishments and agencies in England

104

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

(1A) The standards applicable to an establishment or agency for which the CIECSS is the registration authority may, in particular, explain or supplement requirements imposed in relation to that establishment or agency by regulations under section 22.

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

105

(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—

(A1) A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless— (a) P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and (b) P has obtained the appropriate authority's written consent. (A2) A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless— (a) E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and (b) E has obtained the appropriate authority's written consent.

(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

Provision of free school lunches

106

(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—

(4A) A person is within this subsection if the person— (a) is a registered pupil at a maintained school or pupil referral unit in England, and (b) is in reception, year 1, year 2 or any other prescribed year group at the school. (4B) The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)— (a) registered pupils, or any description of registered pupils, at a maintained nursery school in England; (b) children, or any description of children, who receive relevant funded early years education, or any description of such education, in England. (4C) In subsection (4A)— - “maintained school” means— 1. a community, foundation or voluntary school, or 2. a community or foundation special school; - “reception” means a year group in which the majority of children will, in the school year, attain the age of 5; - “year 1” means a year group in which the majority of children will, in the school year, attain the age of 6; - “year 2” means a year group in which the majority of children will, in the school year, attain the age of 7; - “year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.

, and

(3) After section 512A insert—

(512B) (1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include provision imposing obligations on the proprietor that are equivalent to the school lunches obligations. (2) “The school lunches obligations” are the obligations imposed in relation to maintained schools and pupil referral units in England by— (a) section 512(3) (provision of school lunches on request), and (b) section 512ZB(1) (provision of free school lunches to eligible persons). (3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the date on which section 106(3) of the Children and Families Act 2014 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.

PART 6 — The Children's Commissioner

Primary function of the Children’s Commissioner

107

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

(2) (1) The Children's Commissioner's primary function is promoting and protecting the rights of children in England. (2) The primary function includes promoting awareness of the views and interests of children in England. (3) In the discharge of the primary function the Children's Commissioner may, in particular— (a) advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children; (b) encourage such persons to take account of the views and interests of children; (c) advise the Secretary of State on the rights, views and interests of children; (d) consider the potential effect on the rights of children of government policy proposals and government proposals for legislation; (e) bring any matter to the attention of either House of Parliament; (f) investigate the availability and effectiveness of complaints procedures so far as relating to children; (g) investigate the availability and effectiveness of advocacy services for children; (h) investigate any other matter relating to the rights or interests of children; (i) monitor the implementation in England of the United Nations Convention on the Rights of the Child; (j) publish a report on any matter considered or investigated under this section. (4) In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed. (5) The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function. (2A) (1) The Children's Commissioner must, in particular, have regard to the United Nations Convention on the Rights of the Child in considering for the purposes of the primary function what constitute the rights and interests of children (generally or so far as relating to a particular matter). (2) The references in section 2(3)(i) and this section to the United Nations Convention on the Rights of the Child are to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force. (2B) (1) The Children's Commissioner must take reasonable steps to involve children in the discharge of the primary function. (2) The Commissioner must in particular take reasonable steps to— (a) ensure that children are aware of the Commissioner's primary function and how they may communicate with him or her, and (b) consult children, and organisations working with children, on the matters the Commissioner proposes to consider or investigate in the discharge of the primary function. (3) The Children's Commissioner must for the purposes of this section have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known. (2C) (1) This section applies where the Children's Commissioner publishes a report in the discharge of the primary function. (2) The Commissioner must, if and to the extent he or she considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children). (3) Where the report contains recommendations about the exercise by a person of functions of a public nature, the Commissioner may require that person to state in writing, within such period as the Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.

Provision by Commissioner of advice and assistance to certain children

108

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

(2D) (1) The Children's Commissioner may provide advice and assistance to any child who is within section 8A (children living away from home or receiving social care). (2) The Children's Commissioner may in particular under this section make representations on behalf of a child who is within section 8A to a person in England who is— (a) providing the child with accommodation or services, or (b) otherwise exercising functions in relation to the child.

Commissioner’s powers to enter premises

109

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

(2E) (1) This section applies for the purposes of the Children's Commissioner's primary function and the function under section 2D. (2) The Children's Commissioner, or a person authorised by the Commissioner, may at any reasonable time enter any premises, other than a private dwelling— (a) for the purpose of interviewing a child, or (b) for the purpose of observing the standard of care provided to children accommodated or otherwise cared for there. (3) An interview of a child under subsection (2)(a) may be conducted in private, if the child consents. (4) A person who enters premises under subsection (1) may interview any person present on the premises who works there. (5) It is immaterial for the purposes of subsection (4) whether a person's work is paid, or under a contract of employment.

Provision of information to Commissioner

110

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

(2F) (1) Any person exercising functions of a public nature must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Commissioner may reasonably request for the purposes of the primary function or the function under section 2D. (2) The information must be information which that person would, apart from subsection (1), lawfully be able to disclose to the Commissioner.

Advisory board

111

After section 7 of the Children Act 2004 insert—

(7A) (1) The Children's Commissioner must appoint an advisory board to provide the Commissioner with advice and assistance relating to the discharge of his or her functions. (2) The advisory board must consist of persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions. (3) The Children's Commissioner must from time to time publish a report on the procedure followed and the criteria used when making appointments to the advisory board.

Business plans

112

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

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