OpenLegislation

Child Poverty Act 2010 in Scotland

2010 c. 9 · Enacted 25 March 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 May 2016.

An Act to set targets relating to the eradication of child poverty, and to make other provision about child poverty.

[25th March 2010]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1

Annotations to the whole text

Textual amendments

F1

Act: "The Child Poverty Act 2010 may be cited as the Life Chances Act 2010" (16.5.2016) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 7(12), 36(2)(d)

Modifications

C1

Act transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

Contents

  1. Part A1: LIFE CHANCES
  2. Children: reporting obligations
  3. A1AWorkless households and educational attainment
  4. Social Mobility Commission
  5. A1BSocial Mobility Commission
  6. A1CPromotion of social mobility, advice and reports
  7. Part 1: Strategies: Northern Ireland
  8. Targets relating to child poverty
  9. 1The 2010 target Repealed
  10. 2Duty of Secretary of State to ensure that targets in sections 3 to 6 are met Repealed
  11. 3The relative low income target Repealed
  12. 4The combined low income and material deprivation target Repealed
  13. 5The absolute low income target Repealed
  14. 6The persistent poverty target Repealed
  15. 7Interpretation of terms used in relation to targets Repealed
  16. Social Mobility and Child Poverty Commission
  17. 8Social Mobility and Child Poverty Commission Repealed
  18. 8AAdvice Repealed
  19. 8BAnnual reports Repealed
  20. 8COther functions Repealed
  21. Strategies: duties of Secretary of State
  22. 9UK strategies Repealed
  23. 10Consultation Repealed
  24. Strategies: duties of ... relevant Northern Ireland department
  25. 11Scottish strategies Repealed
  26. 13Consultation: ... Northern Ireland
  27. Reports by Secretary of State
  28. 14Statement by Secretary of State Repealed
  29. 15Statement required in relation to target year Repealed
  30. Economic and fiscal circumstances
  31. 16Economic and fiscal circumstances
  32. Continuing effect of targets after target year
  33. 17Continuing effect of targets after target year Repealed
  34. Supplementary
  35. 18Interpretation of Part 1
  36. 19Responsible local authorities Repealed
  37. 20Partner authorities Repealed
  38. 21Co-operation to reduce child poverty in local area Repealed
  39. 22Local child poverty needs assessment Repealed
  40. 23Joint child poverty strategy for local area Repealed
  41. 24Sustainable community strategy Repealed
  42. 25Meaning of “child poverty” in Part 2 Repealed
  43. Part 3: Miscellaneous and General
  44. 26Free school lunches and milk
  45. General
  46. 27General interpretation
  47. 28... orders
  48. 29Financial provisions
  49. 30Extent
  50. 31Commencement
  51. 32Short title
  52. Schedule 1: Social Mobility Commission
  53. Membership, chair and deputy chair
  54. 1Paragraph 1
  55. Term of office
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. 6Paragraph 6
  61. 7Paragraph 7
  62. Provision of staff and facilities etc
  63. 8Paragraph 8
  64. Payments
  65. 9Paragraph 9
  66. Supplementary powers
  67. 10Paragraph 10
  68. Status
  69. 11Paragraph 11
  70. Sub-committees
  71. 12Paragraph 12
  72. Validity of proceedings
  73. 13Paragraph 13
  74. 14Paragraph 14
  75. Discharge of functions
  76. 15Paragraph 15
  77. Schedule 2: Continuing effect of targets after target year Repealed
  78. Interpretation of Schedule Repealed
  79. 1Paragraph 1 Repealed
  80. Duty to maintain targets Repealed
  81. 2Paragraph 2 Repealed
  82. Duty to make regulations requiring targets to be met in specified financial year Repealed
  83. 3Paragraph 3 Repealed
  84. 4Paragraph 4 Repealed
  85. 5Paragraph 5 Repealed
  86. 6Paragraph 6 Repealed
  87. Economic and fiscal circumstances Repealed
  88. 7Paragraph 7 Repealed
  89. Statement as to whether targets are met in relation to renewed target year Repealed
  90. 8Paragraph 8 Repealed
  91. Power to exclude or modify absolute low income target Repealed
  92. 9Paragraph 9 Repealed

A1AWorkless households and educational attainmentF1

(1)

The Secretary of State must publish and lay before Parliament a report containing data on—

(a)

children living in workless households in England;

(b)

children living in long-term workless households in England;

(c)

the educational attainment of children in England at the end of Key Stage 4;

(d)

the educational attainment of disadvantaged children in England at the end of Key Stage 4.

(2)

The report must set out how the Secretary of State has interpreted the following terms for the purposes of the report—

(a)

child;

(b)

household;

(c)

worklessness;

(d)

long-term worklessness;

(e)

educational attainment;

(f)

disadvantage.

(3)

The data contained in the report, and the provision about how the terms used in it are to be interpreted, must, so far as practicable, be derived from any relevant official statistics.

(4)

The first report must be published before the end of the financial year ending with 31 March 2017.

(5)

Later reports must be published before the end of each subsequent financial year.

(6)

In this section—

  • “Key Stage 4” means the fourth key stage, within the meaning of Part 6 of the Education Act 2002;

  • “official statistics” has the meaning given by section 6(1) of the Statistics and Registration Service Act 2007.

A1BSocial Mobility CommissionF1

(1)

The body established by section 8 of this Act continues in existence.

(2)

On and after the commencement date the body is to be called the Social Mobility Commission (in this Act referred to as “ the Commission ”).

(3)

“The commencement date” is the date on which section 6 of the Welfare Reform and Work Act 2016 comes into force.

(4)

The Commission’s functions are those conferred on it by or under this Act.

(5)

Schedule 1 contains further provision about the Commission .

A1CPromotion of social mobility, advice and reportsF1

(1)

The Commission must promote social mobility in England.

(2)

The Commission must on request give advice to a Minister of the Crown about how to improve social mobility in England.

(3)

Advice given under subsection (2) must be published.

(4)

The Commission must publish a report setting out its views on the progress made towards improving social mobility in the United Kingdom.

(5)

The report must also describe, in the case of a report made after the appointed day for Northern Ireland, the measures taken by the Northern Ireland departments in accordance with a Northern Ireland strategy.

(6)

The report may be published as one or more documents as a Minister of the Crown may direct.

(7)

The first report must be published before the end of the financial year ending with 31 March 2017.

(8)

Later reports must be published before the end of each subsequent financial year.

(9)

A Minister of the Crown must lay a report under this section before Parliament.

(10)

A Minister of the Crown may direct the Commission to carry out any other activity relating to improving social mobility in England or Northern Ireland.

1The 2010 targetF1

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

2Duty of Secretary of State to ensure that targets in sections 3 to 6 are metF1

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

3The relative low income targetF1

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

4The combined low income and material deprivation targetF1

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

5The absolute low income targetF1

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

6The persistent poverty targetF1

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

7Interpretation of terms used in relation to targetsF1

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

8Social Mobility and Child Poverty CommissionF1

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

8AAdviceF1

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

8BAnnual reportsF1

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

8COther functionsF1

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

9UK strategiesF1

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

10ConsultationF1

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

11Scottish strategiesF1 S

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

13Consultation: ... Northern IrelandF6F7

F1(1)

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

(2)

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

(3)

In preparing F2... a Northern Ireland strategy, the F3relevant Northern Ireland department—

F4(a)

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

(b)

must consult the Secretary of State,

(c)

must consult such children, and organisations working with or representing children, as the relevant Northern Ireland department thinks fit,

(d)

must consult such parents, and organisations working with or representing parents, as the relevant Northern Ireland department thinks fit, and

(e)

may consult such other persons as the relevant Northern Ireland department thinks fit.

F5(4)

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

14Statement by Secretary of StateF2F1

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

15Statement required in relation to target yearF1

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

16Economic and fiscal circumstances

F1(1)

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

(2)

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

F2(3)

In preparing a Northern Ireland strategy, the relevant Northern Ireland department must have regard to—

(a)

the resources that are or may be available to the Northern Ireland departments, and

(b)

the effect of the implementation of the strategy on those resources.

17Continuing effect of targets after target yearF1

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

18Interpretation of Part 1

F1(1)

In this Part—

  • “child” means—

    1. (a)

      a person under the age of 16, or

    2. (b)

      a person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (child benefit);

  • “parent” means—

    1. (a)

      any individual who has parental responsibility for a child, or

    2. (b)

      any other individual with whom a child resides and who has care of the child.

F2(1A)

In paragraph (a) of the definition of “parent” in subsection (1), the reference to “parental responsibility” is to be read in accordance with the Children (Northern Ireland) Order 1995.

F3(2)

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

(3)

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

19Responsible local authoritiesF1

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

20Partner authoritiesF1

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

21Co-operation to reduce child poverty in local areaF1

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

22Local child poverty needs assessmentF1

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

23Joint child poverty strategy for local areaF1

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

24Sustainable community strategyF1

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

25Meaning of “child poverty” in Part 2F1

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

26Free school lunches and milk

(1)

In section 512ZB of the Education Act 1996 (provision of free school lunches and milk), in subsection (4)—

(a)

after “A person” insert “ (“C”) ” ,

(b)

in paragraph (a)—

(i)

for “his parent” substitute “ C's parent ” ,

(ii)

at the end of sub-paragraph (iia), insert “ or ” , and

(iii)

omit sub-paragraph (iv) (including the “or” immediately following it),

(c)

after paragraph (a) insert—

“(aa)

C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed—

(i)

in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or

(ii)

entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed, or”,

(d)

in paragraph (b)—

(i)

for “he, himself, is—” substitute “ C is— ” ,

(ii)

at the end of sub-paragraph (ii), insert “ or ” , and

(iii)

omit sub-paragraph (iii), and

(e)

at the end insert—

“(c)

C meets any conditions prescribed for the purposes of this paragraph and is—

(i)

in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or

(ii)

entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.”

(2)

Any regulations made under paragraph (a)(iv) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (aa) of that subsection.

(3)

Any regulations made under paragraph (b)(iii) of subsection (4) of section 512ZB of the Education Act 1996 and in force immediately before the coming into force of this section are to have effect as if made under paragraph (c) of that subsection.

27General interpretationF1

(1)

In this Act—

  • “ the Commission ” means the Social Mobility Commission;

  • “financial year” means the 12 months ending with 31 March;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “Northern Ireland strategy” has the meaning given by section 12(2);

  • “the relevant Northern Ireland department” means the Office of the First Minister and deputy First Minister.

(2)

In this Act “appointed day for Northern Ireland” means such day as a Minister of the Crown may by order with the consent of the Northern Ireland Assembly appoint (and different days may be appointed for the purposes of different provisions of this Act).

28... ordersF5

(1)

Any power to make F1... an order under this Act is exercisable by statutory instrument.

(2)

Any F2... order under this Act may—

(a)

make different provision for different cases,

(b)

include supplementary, incidental and consequential provision, and

(c)

make transitional provisions and savings.

(3)

A power conferred by any provision of this Act to make F3... an order includes power to provide for a person to exercise a discretion in dealing with any matter.

F4( 4)

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

(5)

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

29Financial provisions

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and

(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

30Extent

(1)

Except as provided by subsections (2) to (4), the provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

F1( 2)

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

(3)

F2Part 1 extends to Northern Ireland only.

(4)

F3Section 26 extends to England and Wales only.

31Commencement

(1)

This Act, except Part 2 and section 26, comes into force on the day on which this Act is passed.

(2)

Part 2 and section 26 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.

32Short title

This Act may be cited as the F1Life Chances Act 2010.

1F1

(1)

The members of the Commission are to be—

(a)

a chair appointed by a Minister of the Crown,

F2( b )

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

( c )

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

(d)

after the appointed day for Northern Ireland, a member appointed by the relevant Northern Ireland department, and

(e)

any other members appointed by a Minister of the Crown.

(2)

A Minister of the Crown may appoint one of the members as the deputy chair.

2F1

Members are to hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.

3F1

Members must be appointed for a term of not more than five years.

4F1

A member may resign by giving notice in writing to a Minister of the Crown.

5F1

A Minister of the Crown may remove a member if—

(a)

the person has been absent from three or more consecutive meetings of the Commission without its permission,

(b)

the person has become bankrupt or has made an arrangement with creditors,

(c)

the person's estate has been sequestrated in Scotland or the person, under Scots law, has made a composition or arrangement with, or granted a trust deed for, creditors, or

(d)

the Minister is satisfied that the person is otherwise unable or unfit to perform the duties of the office.

6F1

A person ceases to be the chair or the deputy chair if the person—

(a)

resigns that office by giving notice in writing to a Minister of the Crown, or

(b)

ceases to be a member.

7F1

A person who holds or has held office as the chair, or as the deputy chair or other member, may be reappointed, whether or not to the same office.

8F1

(1)

A Minister of the Crown may provide the Commission with—

(a)

such staff,

(b)

such accommodation, equipment and other facilities, and

(c)

such sums,

as the Minister may determine are required by the Commission in the exercise of its functions.

(2)

A Minister of the Crown may, if the Commission so requests, carry out or commission research for the purpose of the carrying out of the Commission's functions.

9F1

A Minister of the Crown may pay to or in respect of the members of the Commission such remuneration, allowances and expenses as the Minister may determine.

10F1

The Commission may do anything that appears to it necessary or appropriate for the purpose of, or in connection with, the carrying out of its functions.

11F1

The Commission is not to be regarded—

(a)

as the servant or agent of the Crown, or

(b)

as enjoying any status, privilege or immunity of the Crown.

12F1

The Commission may establish sub-committees.

13F1

The Commission may regulate—

(a)

its own procedure (including quorum);

(b)

the procedure of any sub-committee (including quorum).

14F1

The validity of anything done by the Commission or any sub-committee is not affected by—

(a)

any vacancy in the membership of the Commission or sub-committee, or

(b)

any defect in the appointment of any member of the Commission or a sub-committee.

15F1

The Commission may authorise a sub-committee or member to exercise any of the Commission's functions.

1F1

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

2F1

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

3F1

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

4F1

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

5F1

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

6F1

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

7F1

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

8F1

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

9F1

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