Children and Families Act 2014

in subsection (1), for “This section applies” substitute “Subsections (2) to (4) apply”;

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”;

after subsection (8) insert—

in subsection (1)(a), after “children who are suitable for adoption” insert “, children for whom a local authority in England are considering adoption”;

in subsection (3), after “search” insert “(subject to regulations under section 128A)”.

in paragraph 12(9) (victims of domestic violence and family matters), in the definition of “family enactment” after paragraph (o) insert—

in paragraph 13(1) (protection of children and family matters) after paragraph (f) insert—

has a significantly greater difficulty in learning than the majority of others of the same age, or

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.

mainstream schools in England,

maintained nursery schools in England,

mainstream post-16 institutions in England, or

places in England at which relevant early years education is provided.

inform the child’s parent of their opinion and of their duty under subsection (3), and

give the child’s parent an opportunity to discuss their opinion with an officer of the group or trust.

identified by the authority as someone who has or may have special educational needs, or

brought to the authority’s attention by any person as someone who has or may have special educational needs.

promote the well-being of children or young people in its area who have special educational needs or a disability, or

physical and mental health and emotional well-being;

protection from abuse and neglect;

control by them over their day-to-day lives;

participation in education, training or recreation;

social and economic well-being;

domestic, family and personal relationships;

the contribution made by them to society.

children and young people for whom the authority is responsible who have special educational needs, and

children and young people in the authority’s area who have a disability.

special educational provision;

health care provision;

social care provision.

what education, health and care provision is to be secured;

by whom education, health and care provision is to be secured;

what advice and information is to be provided about education, health and care provision;

by whom, to whom and how such advice and information is to be provided;

how complaints about education, health and care provision may be made and are to be dealt with;

procedures for ensuring that disputes between the parties to the joint commissioning arrangements are resolved as quickly as possible.

securing EHC needs assessments;

securing the education, health and care provision specified in EHC plans;

agreeing personal budgets under section 49.

have regard to them in the exercise of their functions, and

keep them under review.

each clinical commissioning group 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).

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

children and young people in its area with special educational needs, and the parents of children in its area with special educational needs;

children and young people in its area who have a disability, and the parents of children in its area who have a disability;

the governing bodies of maintained schools and maintained nursery schools in its area;

the proprietors of Academies in its area;

the governing bodies, proprietors or principals of post-16 institutions in its area;

the governing bodies of non-maintained special schools in its area;

the advisory boards of children’s centres in its area;

the providers of relevant early years education in its area;

such other persons as the authority thinks appropriate.

where the authority is a county council for an area for which there is also a district council, the district council;

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;

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;

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;

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;

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;

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;

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;

a youth offending team that the authority thinks has functions in relation to children or young people for whom it is responsible;

the National Health Service Commissioning Board;

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;

a Local Health Board which exercises functions in relation to children or young people for whom the authority is responsible.

the officers of the authority who exercise the authority’s functions relating to education or training,

the officers of the authority who exercise the authority’s social services functions for children or young people with special educational needs, and

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).

mainstream schools;

maintained nursery schools;

16 to 19 Academies;

institutions within the further education sector;

pupil referral units;

alternative provision Academies.

in the case of a maintained school, maintained nursery school, or institution within the further education sector, the governing body;

in the case of an Academy, the proprietor;

in the case of a pupil referral unit, the management committee.

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

education, health and care provision;

other educational provision;

other training provision;

arrangements for travel to and from schools and post-16 institutions and places at which relevant early years education is provided;

provision to assist in preparing children and young people for adulthood and independent living.

finding employment;

obtaining accommodation;

participation in society.

the authority’s response to those comments (including details of any action the authority intends to take).

the information to be included in an authority’s local offer;

how an authority’s local offer is to be published;

who is to be consulted by an authority in preparing and reviewing its local offer;

the publication of comments on the local offer, and the local authority’s response, under subsection (6) (including circumstances in which comments are not required to be published).

information about how to obtain an EHC needs assessment;

information about gaining access to provision additional to, or different from, the provision mentioned in subsection (2);

information about how to make a complaint about provision mentioned in subsection (2).

another local authority;

a youth offending team;

the person in charge of any relevant youth accommodation;

the National Health Service Commissioning Board;

a clinical commissioning group;

a Local Health Board;

an NHS trust or NHS foundation trust.

be incompatible with the duties of the person or body, or

otherwise have an adverse effect on the exercise of the functions of the person or body.

the parents of children in its area;

children in its area;

young people in its area;

the head teachers, proprietors and principals of schools and post-16 institutions in its area.

the wishes of the child’s parent or the young person, or

the provision of efficient education for others.

the local authority which is responsible for him or her;

the head teacher of the school or the principal of the Academy or post-16 institution;

the child’s parent or the young person;

anyone else whose advice is required to be obtained in connection with the assessment by virtue of regulations under section 36(11).

the local authority which is responsible for him or her;

the head teacher of the school or the principal of the Academy or post-16 institution;

the child’s parent or the young person.

a community or foundation special school, or

an Academy school.

the child receiving the special educational provision called for by his or her special educational needs,

the provision of efficient education for the children with whom he or she will be educated, and

the efficient use of resources.

of the reasons for that determination, and

that accordingly it has decided not to secure an EHC needs assessment for the child or young person.

no EHC plan is maintained for the child or young person,

the child or young person has not been assessed under this section or section 71 during the previous six months, and

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.

that it is considering securing an EHC needs assessment for the child or young person, and

the child or young person has or may have special educational needs, and

it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

the outcome of the assessment,

whether it proposes to secure that an EHC plan is prepared for the child or young person, and

the reasons for that decision.

about requests under subsection (1);

imposing time limits in relation to consultation under subsection (4);

about giving notice;

about expressing views and submitting evidence under subsection (7);

about how assessments are to be conducted;

about advice to be obtained in connection with an assessment;

about combining an EHC needs assessment with other assessments;

about the use for the purposes of an EHC needs assessment of information obtained as a result of other assessments;

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;

about the provision of information, advice and support in connection with an EHC needs assessment.

the local authority must secure that an EHC plan is prepared for the child or young person, and

once an EHC plan has been prepared, it must maintain the plan.

the child’s or young person’s special educational needs;

the outcomes sought for him or her;

the special educational provision required by him or her;

any health care provision reasonably required by the learning difficulties and disabilities which result in him or her having special educational needs;

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 (as it applies by virtue of section 28A of that Act);

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).

send the draft plan to the child’s parent or the young person, and

a maintained school;

a maintained nursery school;

an Academy;

an institution within the further education sector in England;

a non-maintained special school;

an institution approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval).

name a school or other institution, or

specify a type of school or other institution.

the governing body, proprietor or principal of the school or other institution,

the governing body, proprietor or principal of any other school or other institution the authority is considering having named in the plan, and

if a school or other institution is within paragraph (a) or (b) and is maintained by another local authority, that authority.

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

names a school or other institution which the local authority thinks would be appropriate for the child or young person, or

specifies the type of school or other institution which the local authority thinks would be appropriate for the child or young person.

the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and

if that school or other institution is maintained by another local authority, that authority.

the child’s parent or the young person, and

the governing body, proprietor or principal of any school or other institution named in the plan.

names a school or other institution which the local authority thinks would be appropriate for the child or young person concerned, or

specifies the type of school or other institution which the local authority thinks would be appropriate for the child or young person.

the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and

if that school or other institution is maintained by another local authority, that authority.

the child’s parent or the young person, and

the governing body, proprietor or principal of any school or other institution named in the plan.

a special post-16 institution which is not an institution within the further education sector or a 16 to 19 Academy.

about the types of special post-16 institutions which may be approved under subsection (1);

specifying criteria which an institution must meet before it can be approved under subsection (1);

about the matters which may or must be taken into account in deciding to give or withdraw approval;

about the publication of a list of all institutions who are approved under this section.

a maintained school;

a maintained nursery school;

an Academy;

an institution within the further education sector in England;

a non-maintained special school;

an institution approved by the Secretary of State under section 41.

in the period of 12 months starting with the date on which the plan was first made, and

in each subsequent period of 12 months starting with the date on which the plan was last reviewed under this section.

the child’s parent or the young person, or

the governing body, proprietor or principal of the school, post-16 institution or other institution which the child or young person attends.

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);

about circumstances in which it is not necessary for a local authority to review an EHC plan or secure a re-assessment;

about amending or replacing an EHC plan following a review or re-assessment.

the authority is no longer responsible for the child or young person, or

the authority determines that it is no longer necessary for the plan to be maintained.

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;

after the appeal has been finally determined, where such an appeal is brought before the end of that period.

other circumstances in which it is no longer necessary for an EHC plan to be maintained;

circumstances in which a local authority may not determine that it is no longer necessary for an EHC plan to be maintained;

the procedure to be followed by a local authority when determining whether to cease to maintain an EHC plan.

impose a duty on the other authority to maintain the plan;

treat the plan as if originally prepared by the other authority;

treat things done by the transferring authority in relation to the plan as done by the other authority.

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,

on the release date, a local authority in England becomes responsible for him or her, and

maintain the plan, and

review the plan as soon as reasonably practicable after the release date.

about requests for personal budgets;

about the amount of a personal budget;

about the sources of the funds making up a personal budget;

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;

about the description of provision to which personal budgets and direct payments may (and may not) relate;

for a personal budget or direct payment to cover the agreed cost of the provision to which the budget or payment relates;

about when, how, to whom and on what conditions direct payments may (and may not) be made;

about when direct payments may be required to be repaid and the recovery of unpaid sums;

about conditions with which a person or body making direct payments must comply before, after or at the time of making a direct payment;

about arrangements for providing information, advice or support in connection with personal budgets and direct payments.

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;

require the authority to stop making direct payments where the required consent is withdrawn.

an EHC plan is maintained for a child or young person, and

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).

a decision of a local authority not to secure an EHC needs assessment for the child or young person;

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;

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;

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;

a decision of a local authority under section 45 to cease to maintain an EHC plan for the child or young person.

when an EHC plan is first finalised for the child or young person, and

following an amendment or replacement of the plan.

other matters relating to EHC plans against which appeals may be brought;

making and determining appeals;

the powers of the First-tier Tribunal on determining an appeal;

unopposed appeals.

in respect of the discovery or inspection of documents, or

to attend to give evidence and produce documents,

a decision against which an appeal may be brought under section 51 is made in respect of a child or young person, or

an EHC plan for a child or young person is made, amended or replaced.

the right to mediation under section 53 or 54, and

the requirement to obtain a certificate under section 55 before making certain appeals.

that fact, and

the issues in respect of which he or she wishes to pursue mediation (“the mediation issues”).

the parent or young person informs the local authority under section 52 that he or she wishes to pursue mediation, and

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.

the mediation issues, and

anything of which it has been informed by the parent or young person under section 52(4).

arrange for mediation between it (or them) and the parent or young person,

ensure that the mediation is conducted by an independent person, and

participate in the mediation.

each responsible commissioning body must also participate in the mediation.

a local authority in England;

a clinical commissioning group;

the National Health Service Commissioning Board.

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;

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.

the parent or young person informs the local authority under section 52 that he or she wishes to pursue mediation, and

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.

arrange for mediation between it and the parent or young person,

ensure that the mediation is conducted by an independent person, and

participate in the mediation.

a decision of a local authority, or

the content of an EHC plan maintained by a local authority.

the school or other institution named in an EHC plan;

the type of school or other institution specified in an EHC plan;

the fact that an EHC plan does not name a school or other institution.

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 informed the adviser that he or she does not wish to pursue mediation.

informed the adviser that he or she wishes to pursue mediation under the appropriate section, and

participated in such mediation.

about giving notice;

imposing time limits;

enabling a local authority or commissioning body to take prescribed steps following the conclusion of mediation;

about who may attend mediation;

where a child’s parent is a party to mediation, requiring the mediator to take reasonable steps to ascertain the views of the child;

about the provision of advocacy and other support services for the parent or young person;

requiring a local authority or commissioning body to pay reasonable travel expenses and other expenses of a prescribed description, up to any prescribed limit;

about exceptions to the requirement in section 55(3);

about the training, qualifications and experience of mediators and mediation advisers;

conferring powers or imposing requirements on local authorities, commissioning bodies, mediators and mediation advisers.

a local authority in England;

a clinical commissioning group;

the National Health Service Commissioning Board.

the local authority or a relevant body, and

the parents of children, and young people, in the authority’s area.

the local authority and a responsible commissioning body, or

a responsible commissioning body and the parents of children, or young people, in the authority’s area.

the child’s parent, or the young person, and

the appropriate authority for the school or post-16 institution.

a local authority in England;

a clinical commissioning group;

the National Health Service Commissioning Board.

the parents of children in its area with special educational needs,

young people in its area with special educational needs, and

the head teachers, governing bodies, proprietors and principals of schools and post-16 institutions in its area.

in the case of a maintained school, maintained nursery school or non-maintained special school, the governing body;

in the case of a post-16 institution, the governing body, proprietor or principal;

in the case of an Academy or independent school, the proprietor;

in the case of a pupil referral unit, the management committee;

in the case of a place at which relevant early years education is provided, the provider of the relevant early years education.

appeal to the First-tier Tribunal under section 51;

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.

about the age from which children may appeal or make a claim;

in respect of appeals under section 51, about mediation and the application of section 55;

about the bringing of appeals or making of claims by a child and by his or her parent concurrently;

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;

enabling a person to exercise a child’s rights under an order under subsection (1) on behalf of the child;

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);

about the provision of advocacy and other support services to children;

requiring notices to be given to a child (as well as to his or her parent);

requiring documents to be served on a child (as well as on his or her parent).

appeal to the First-tier Tribunal under section 51;

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.

about the age from which children may appeal or make a claim;

in respect of appeals under section 51, about mediation and the application of section 55;

about the bringing of appeals or making of claims by a child and by his or her parent concurrently;

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;

enabling a person to exercise a child’s rights under an order under subsection (1) on behalf of the child;

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);

about the provision of advocacy and other support services to children;

requiring notices to be given to a child (as well as to his or her parent);

requiring documents to be served on a child (as well as on his or her parent).

amend, repeal or revoke a statutory provision, or

apply a statutory provision, with or without modifications.

fees charged by the institution;

the child’s or young person’s travelling expenses;

expenses reasonably incurred in maintaining the child or young person while at the institution or travelling to or from it;

expenses reasonably incurred by someone accompanying the child or young person while travelling to or from the institution or staying there.

a local authority maintains an EHC plan for a child or young person,

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

that school, institution or place is named in the EHC plan.

a local authority is responsible for a child or young person for whom no EHC plan is maintained,

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

the governing body of a maintained school or maintained nursery school in England;

the proprietor of an Academy;

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,

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);

in the case of a governing body of a community or foundation special school, any duty imposed on the body.

mainstream schools;

maintained nursery schools;

16 to 19 Academies;

alternative provision Academies;

institutions within the further education sector;

pupil referral units.

in the case of a maintained school, maintained nursery school or institution within the further education sector, the governing body;

in the case of an Academy, the proprietor;

in the case of a pupil referral unit, the management committee.

mainstream schools;

maintained nursery schools.

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);

confer other functions relating to SEN co-ordinators on appropriate authorities which are subject to the duty imposed by subsection (2).

in the case of a maintained school or maintained nursery school, the governing body;

in the case of an Academy, the proprietor.

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

no EHC plan is maintained for the child or young person.

in the case of a maintained school or maintained nursery school, the governing body;

in the case of an Academy school or an alternative provision Academy, the proprietor;

in the case of a pupil referral unit, the management committee.

the governing bodies of maintained schools and maintained nursery schools in England, and

the proprietors of Academy schools.

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;

an order made by a court, or

an order of recall made by the Secretary of State.

section 28;

section 31;

section 77;

section 80;

section 83;

an order made by a court, or

an order of recall made by the Secretary of State.

“beginning of the detention” has the same meaning as in Chapter 5A of Part 10 of EA 1996 (persons detained in youth accommodation), and

“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).

the home authority is a local authority in England, and

no EHC plan is being kept by a local authority.

the appropriate person, or

the person in charge of the relevant youth accommodation where the detained person is detained.

a request is made under subsection (2),

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

the detained person has otherwise come to the home authority’s attention as someone who has or may have special educational needs.

the appropriate person, and

the person in charge of the relevant youth accommodation where the detained person is detained.

of the reasons for that determination, and

that accordingly it has decided not to secure a detained person’s EHC needs assessment for the detained person.

the detained person has not been assessed under this section or section 36 during the previous six months, and

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.

that it is considering securing a detained person’s EHC needs assessment for the detained person, and

the detained person has or may have special educational needs, and

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.

the outcome of the assessment,

whether it proposes to secure that an EHC plan is prepared for the detained person, and

the reasons for that decision.

about requests under subsection (2);

imposing time limits in relation to consultation under subsection (5);

about giving notice;

about expressing views and submitting evidence under subsection (8);

about how detained persons’ EHC needs assessments are to be conducted;

about advice to be obtained in connection with a detained person’s EHC needs assessment;

about combining a detained person’s EHC needs assessment with other assessments;

about the use for the purposes of a detained person’s EHC needs assessment of information obtained as a result of other assessments;

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;

about the provision of information, advice and support in connection with a detained person’s EHC needs assessment.

references to “the child or young person” are to be read as references to the detained person,

references to the local authority are to be read as references to the home authority, and

references to the child’s parent or the young person are to be read as references to the appropriate person.

references to “the child or young person” are to be read as references to the detained person,

references to the local authority are to be read as references to the home authority,

references to the child’s parent or the young person are to be read as references to the appropriate person, and

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.

a decision of the home authority not to secure a detained person’s EHC needs assessment for the detained person;

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;

making and determining appeals;

the powers of the First-tier Tribunal on determining an appeal;

unopposed appeals.

in respect of the discovery or inspection of documents, or

to attend to give evidence and produce documents,

references to the child’s parent or young person are to be read as references to the appropriate person, and

references to mediation under section 53 or 54 are to be read as references to mediation with the home authority.

the adviser must notify the authority, and

the references in subsection (1) to commissioning bodies are to be ignored;

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;

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;

in subsection (3), paragraphs (b) and (c) are to be ignored;

subsection (4) is to be ignored.

for whom a local authority in England was maintaining an EHC plan immediately before the beginning of his or her detention, or

for whom the home authority has secured the preparation of an EHC plan under section 72.

the special educational provision specified in the EHC plan, or

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

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.

the health care provision specified in the EHC plan, or

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

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.

children in England with special educational needs, and

young people aged under 19 in England with special educational needs.

section 29 (information from local authorities for purposes of Secretary of State’s functions);

section 408 (information in relation to maintained schools);

section 537 (information about schools);

section 537A (information about individual pupils);

section 537B (information about children receiving funded education outside school);

section 538 (information from governing bodies for purposes of Secretary of State’s education functions).

children in England with special educational needs, and

young people aged under 19 in England with special educational needs.

information about children, and young people, in England with special educational needs, and

information about special educational provision made for those children and young people.

physical and mental health and emotional well-being;

protection from abuse and neglect;

control by them over their day-to-day lives;

participation in education, training or recreation;

social and economic well-being;

domestic, family and personal relationships;

the contribution made by them to society.

local authorities in England;

the governing bodies of schools;

the governing bodies of institutions within the further education sector;

the proprietors of Academies;

the management committees of pupil referral units;

the proprietors of institutions approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval);

providers of relevant early years education;

youth offending teams;

persons in charge of relevant youth accommodation;

the National Health Service Commissioning Board;

clinical commissioning groups;

NHS trusts;

NHS foundation trusts;

Local Health Boards.

a proposed code unless the draft is approved by a resolution of each House, or

a proposed revised code if, within the 40-day period, either House resolves not to approve the draft.

both Houses resolve to approve the draft, as mentioned in subsection (4)(a), or

neither House resolves not to approve the draft, as mentioned in subsection (4)(b).

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

in any other case, the period of 40 days beginning with the day on which the draft is laid before each House.

references to a child’s parent to be read as references to, or as including references to, a representative of the parent;

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;

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).

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;

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;

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.

includes a reference to full-time and part-time education, but

does not include a reference to higher education,

a community, foundation or voluntary school, or

a community or foundation special school,

that the person had no reason to suspect that the individual concerned was aged under 18, or

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.

references to an enforcement authority are to be read as references to a local weights and measures authority;

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.

references to an enforcement authority are to be read as references to a local weights and measures authority;

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;

references to Chapter 1 of Part 1 of the Act of 2006 are to be read as references to this section;

section 11(5) is to be ignored;

paragraph 10 of Schedule 2 is to be ignored.

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

the purchase of the product is for the purposes of the manufacturer’s or dealer’s business.

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

provide for that section to apply (with or without modifications) in relation to nicotine products.

all nicotine products,

nicotine products of a specified kind, or

nicotine products subject to specified exceptions.

a device which is intended to enable nicotine to be consumed by an individual or otherwise to be delivered into the human body,

an item which is intended to form part of a device within paragraph (a), or

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.

tobacco;

cigarette papers;

any device which is intended to be used for the consumption of lit tobacco.

in subsection (1), after “tobacco” insert “or nicotine”,

in subsection (3), for “or cigarette papers” substitute “, cigarette papers or nicotine product”, and

in subsection (7)(a), after “tobacco” insert “or nicotine”.

in subsection (1), after “tobacco” insert “or nicotine”,

in subsection (5), after “tobacco” insert “or nicotine”, and

in subsection (1), in the opening words, for ““tobacco offence”” substitute ““tobacco or nicotine offence””,

in that subsection omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert

after subsection (2) insert—

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

after subsection (1) insert—

at least some of the provisions of the regulations are capable of having that effect, or

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.

discouraging people from starting to use tobacco products;

encouraging people to give up using tobacco products;

helping people who have given up, or are trying to give up, using tobacco products not to start using them again;

reducing the appeal or attractiveness of tobacco products;

reducing the potential for elements of the packaging of tobacco products other than health warnings to detract from the effectiveness of those warnings;

reducing opportunities for the packaging of tobacco products to mislead consumers about the effects of using them;

reducing opportunities for the packaging of tobacco products to create false perceptions about the nature of such products;

having an effect on attitudes, beliefs, intentions and behaviours relating to the reduction in use of tobacco products.

they may contribute to reducing activities by such people which risk harming their health or welfare after they reach the age of 18, or

they may benefit such people by reducing the use of tobacco products among people aged 18 or over.

the markings on the retail packaging of tobacco products (including the use of branding, trademarks or logos);

the appearance of such packaging;

the materials used for such packaging;

the texture of such packaging;

the size of such packaging;

the shape of such packaging;

the means by which such packaging is opened;

any other features of the retail packaging of tobacco products which could be used to distinguish between different brands of tobacco product;

the number of individual tobacco products contained in an individual packet;

the quantity of a tobacco product contained in an individual packet.

the markings on tobacco products (including the use of branding, trademarks or logos);

the appearance of such products;

the size of such products;

the shape of such products;

the flavour of such products;

any other features of tobacco products which could be used to distinguish between different brands of tobacco product.

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);

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);

provide for exceptions and defences to such offences;

make provision about the liability of others to be convicted of such offences if committed by a body corporate or a Scottish partnership.

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;

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.

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;

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;

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.

manufactures the product,

puts a name, trademark or other distinguishing mark on it by which the person is held out to be its manufacturer or originator, or

imports it into the United Kingdom.

supplies the product,

offers or agrees to supply it, or

exposes or possesses it for supply.

after subsection (1) insert—

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

after “designating the” insert “persons or”, and

after “descriptions of” insert “person or”.

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)”,

in that subsection, in paragraph (f) (powers in Schedule 1), for “or 8” substitute “, 8 or 17”, and

after that subsection insert—