(1)In this Act—
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“agency for the supply of nurses” has the same meaning as in the M1Nurses Agencies Act 1957;
“child” means a person aged under 18;
“child care organisation” means an organisation—
which is concerned with the provision of accommodation, social services or health care services to children or the supervision of children;
whose activities are regulated by or by virtue of any prescribed enactment; and
which fulfils such other conditions as may be prescribed;
“child care position” means a position which—
[F2is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000; but
is not a position within subsection (3) below;]
“the Consultancy Service Index” means the list kept under that name by the Secretary of State;
“employment”—
means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; and
includes an office established by or by virtue of a prescribed enactment,
and references to an individual being employed shall be construed accordingly;
“employment agency” [F3and “employment business” have the same meanings] as in the M2Employment Agencies Act 1973;
“harm” has the same meaning as in section 31 of the M3Children Act 1989;
[F4“local authority” has the same meaning as in the Children Act 1989;]
“mental impairment” means a state of arrested or incomplete development of mind which includes a significant impairment of intelligence and social functioning;
“organisation” means a body corporate or unincorporate or an individual who employs others in the course of a business;
“prescribed” means prescribed by regulations made by the Secretary of State;
“the Tribunal” means the [F5First-tier Tribunal].
(2)Where part of an organisation fulfils the condition in paragraph (b) of the above definition of “child care organisation” and part of it does not, this Act shall have effect as if the two parts were separate organisations.
(3)A position is within this subsection if—
[F6(a)it involves work to which section 142 of the Education Act 2002 applies;]
(b)it is not a position at [F7a school which is a children’s home for the purposes of the M4Care Standards Act 2000].
[F8(3A)For the purposes of this Act, an individual is made redundant if—
(a)he is dismissed; and
(b)for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.]
(4)Regulations under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1S. 12(1): definition of "the 1988 Act" repealed (31.3.2003 for W. and and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 123(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3
F2S. 12(1): in definition of "child care position" paras. (a)(b) substituted (11.1.2001) for paras. (a)-(c) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 158(a); S.I. 2000/3302, art. 2(b)
F3S. 12(1): words in definition of "employment agency" substituted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(4)(a)(i); S.I. 2000/2544, art. 2(2)(g)
F4S. 12(1): definition of "local authority" inserted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(4)(a)(ii); S.I. 2000/2544, art. 2(2)(g)
F5Words in s. 12(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 176
F6S. 12(3)(a) substituted (31.3.2003 for (W. and and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 123(3); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3
F7Words in s. 12(3)(b) substituted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 158(b)
F8S. 12(3A) inserted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(4)(b); S.I. 2000/2544, art. 2(2)(g)
Marginal Citations