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Care Standards Act 2000

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Care Standards Act 2000

2000 CHAPTER 14

An Act to establish a National Care Standards Commission; to make provision for the registration and regulation of children’s homes, independent hospitals, independent clinics, care homes, residential family centres, independent medical agencies, domiciliary care agencies, fostering agencies, nurses agencies and voluntary adoption agencies; to make provision for the regulation and inspection of local authority fostering and adoption services; to establish a General Social Care Council and a Care Council for Wales and make provision for the registration, regulation and training of social care workers; to establish a Children’s Commissioner for Wales; to make provision for the registration, regulation and training of those providing child minding or day care; to make provision for the protection of children and vulnerable adults; to amend the law about children looked after in schools and colleges; to repeal the Nurses Agencies Act 1957; to amend Schedule 1 to the Local Authority Social Services Act 1970; and for connected purposes.

[20th July 2000]

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:—

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Modifications etc. (not altering text)

Part IE+W Introductory

PreliminaryE+W

1 Children’s homes.E+W

(1)Subsections (2) to (6) have effect for the purposes of this Act.

(2)An establishment is a children’s home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.

(3)An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.

(4)An establishment [F1in Wales] is not a children’s home if it is—

(a)a health service hospital;

(b)an independent hospital or an independent clinic; or

(c)a residential family centre,

or if it is of a description excepted by regulations.

[F2(4A)An establishment in England is not a children's home if it is—

(a)a hospital (within the meaning of the National Health Service Act 2006); or

(b)a residential family centre,

or if it is of a description excepted by regulations.]

(5)Subject to subsection (6), an establishment is not a children’s home if it is a school.

(6)A school is a children’s home at any time if at that time accommodation is provided for children at the school and either—

(a)in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or

(b)it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;

and in this subsection “year” means a period of twelve months.

But accommodation shall not for the purposes of paragraph (a) be regarded as provided to children for a number of days unless there is at least one child to whom it is provided for that number of days; and paragraph (b) shall be construed accordingly.

(7)For the purposes of this section a person is a foster parent in relation to a child if—

(a)he is a local authority foster parent in relation to the child;

(b)he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or

(c)he fosters the child privately.

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Amendments (Textual)

F1Words in s. 1(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 2(2); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F2S. 1(4A) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 2(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

Commencement Information

I1S. 1 wholly in force at 1.4.2002; s. 1 not in force at Royal Assent see s. 122; s. 1 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 1 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 1 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 1 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

2 Independent hospitals etc.E+W

(1)Subsections (2) to (6) apply for the purposes of this Act [F3as it applies in relation to Wales].

(2)A hospital which is not a health service hospital is an independent hospital.

(3)Hospital” (except in the expression health service hospital) means—

(a)an establishment—

(i)the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or

(ii)in which (whether or not other services are also provided) any of the listed services are provided;

(b)any other establishment in which treatment or nursing (or both) are provided for persons liable to be detained under the M1Mental Health Act 1983.

(4)Independent clinic” means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).

But an establishment in which, or for the purposes of which, services are provided by medical practitioners in pursuance of the [F4National Health Service Act 2006 or the National Health Service (Wales) Act 2006] is not an independent clinic.

(5)Independent medical agency” means an undertaking (not being an independent clinic [F5or an independent hospital]) which consists of or includes the provision of services by medical practitioners.

But if any of the services are provided for the purposes of an independent clinic, or by medical practitioners in pursuance of the [F4National Health Service Act 2006 or the National Health Service (Wales) Act 2006], it is not an independent medical agency.

(6)References to a person liable to be detained under the M2Mental Health Act 1983 do not include a person absent in pursuance of leave granted under section 17 of that Act.

(7)In this section “listed services” means—

(a)medical treatment under anaesthesia or sedation;

(b)dental treatment under general anaesthesia;

(c)obstetric services and, in connection with childbirth, medical services;

(d)termination of pregnancies;

(e)cosmetic surgery;

(f)treatment using prescribed techniques or prescribed technology.

(8)Regulations may—

(a)except any description of establishment from the definitions in subsections (2) to (4);

(b)except any description of undertaking from the definition in subsection (5);

(c)modify the definition in subsection (7).

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Amendments (Textual)

F3Words in s. 2(1) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 3; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

Commencement Information

I2S. 2 wholly in force at 1.4.2002; s. 2 not in force at Royal Assent see s. 122; s. 2 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 2 in force for E. at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 2 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 2 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

Marginal Citations

3 Care homes.E+W

(1)For the purposes of this Act, an establishment is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.

(2)They are—

(a)persons who are or have been ill;

(b)persons who have or have had a mental disorder;

(c)persons who are disabled or infirm;

(d)persons who are or have been dependent on alcohol or drugs.

(3)But an establishment [F6in Wales] is not a care home if it is—

(a)a hospital;

(b)an independent clinic; or

(c)a children’s home,

or if it is of a description excepted by regulations.

[F7(4)And an establishment in England is not a care home if it is—

(a)a hospital (within the meaning of the National Health Service Act 2006); or

(b)a children's home,

or if it is of a description excepted by regulations.]

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Amendments (Textual)

F6Words in s. 3(3) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 4(2); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F7S. 3(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 4(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

Commencement Information

I3S. 3 wholly in force at 1.4.2002; s. 3 not in force at Royal Assent see s. 122; s. 3 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 3 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

4 Other basic definitions.E+W

(1)This section has effect for the purposes of this Act.

(2)Residential family centre” means, subject to subsection (6), any establishment at which—

(a)accommodation is provided for children and their parents;

(b)the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed; and

(c)the parents are given such advice, guidance or counselling as is considered necessary.

  • In this subsection “parent”, in relation to a child, includes any person who is looking after him.

(3)Domiciliary care agency” means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(4)Fostering agency” means, subject to subsection (6)—

(a)an undertaking which consists of or includes discharging functions of local authorities in connection with the placing of children with foster parents; or

(b)a voluntary organisation which places children with foster parents under section 59(1) of the 1989 Act.

(5)Nurses agency” means, subject to subsection (6), an employment agency or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses [F8or registered midwives].

(6)The definitions in subsections (2) to (5) do not include any description of establishment, undertaking or organisation excepted from those definitions by regulations.

(7)Voluntary adoption agency” means an adoption society within the meaning of the [F9the Adoption and Children Act 2002] which is a voluntary organisation within the meaning of that Act.

[F10(7A)Adoption support agency” has the meaning given by section 8 of the Adoption and Children Act 2002.]

(8)Below in this Act—

[F11(a)any reference to a description of establishment is a reference to—

(i)a children's home,

(ii)a children's home providing accommodation for the purpose of restricting liberty,

(iii)an independent hospital in Wales,

(iv)an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,

(v)an independent clinic in Wales,

(vi)a care home in Wales, or

(vii)a residential family centre;]

(b)a reference to any establishment is a reference to an establishment of any of those descriptions.

[F12(9)Below in this Act—

(a)any reference to a description of agency is a reference to—

(i)an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,

(ii)a domiciliary care agency in Wales or, where the activities of a domiciliary care agency are carried on from two or more branches, a branch in Wales of a domiciliary care agency,

(iii)a nurses agency in Wales or, where the activities of a nurses agency are carried on from two or more branches, a branch in Wales of a nurses agency,

(iv)a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,

(v)a voluntary adoption agency, or

(vi)an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;

(b)a reference to any agency is a reference to an agency or branch of any of those descriptions.]

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Amendments (Textual)

F9Words in s. 4(7) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 104 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 2}

F10S. 4(7A) inserted (7.12.2004 for E. for certain purposes and 30.12.2005 otherwise) by Adoption and Children Act 2002 (c. 38), ss. 8(3)(a), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2; S.I 2005/2213, {art. 3}; S.I. 2005/3112, art. 2

Commencement Information

I4S. 4 wholly in force at 30.4.2003; s. 4 not in force at Royal Assent see s. 122; s. 4 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 4 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(ii)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(4) in force for E. and s. 4(1)(6)(8)(9) in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(b) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(1)(9) in force for E. for certain purposes, s. 4(2)(3)(5) in force for E. and s. 4(6)(8) in force for E. in so far as not already in force at 1.4.2003 by S.I. 2001/3852, arts. 1(4), 3(2)(8)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(7)(9) in force for E. for certain purposes at 25.2.2003 and otherwise in force for E. at 30.4.2003 by S.I. 2003/365, art. 3(1)(3)-(5) (subject to Sch.)

Registration authoritiesE+W

5 Registration authorities.E+W

For the purposes of this Act—

[F13(a)the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);]

(b)the registration authority [F14in any other case] is the National Assembly for Wales (referred to in this Act as “the Assembly”).

[F15(1A)The establishments and agencies are—

(a)children's homes in England,

(b)residential family centres in England,

(c)fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,

(d)voluntary adoption agencies whose principal office is in England, and

(e)adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England.]

[F16(2)This section is subject to section 36A.]

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Amendments (Textual)

F16S. 5(2) inserted (25.2.2003 for E. for certain purposes, 30.4.2003 for E. otherwise and 28.11.2003 for W.) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 105 (with Sch. 4 paras. 6-8); S.I 2003/366, art. 2(1)(4); S.I. 2003/3079, art. 2(1)

Commencement Information

I5S. 5 partly in force; s. 5 not in force at Royal Assent see s. 122; s. 5 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 5 in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, art. 3(2)(7)(c) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[F175AGeneral duties of Commission for Healthcare Audit and InspectionE+W

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F17S. 5A inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {103}, 199; S.I. 2004/759, art. 3(1)

[F195BGeneral duties of Commission for Social Care InspectionE+W

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F19S. 5B inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {104}, 199; S.I. 2004/759, art. 4(2)

6 National Care Standards Commission.E+W

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7 General duties of the Commission.E+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

8 General functions of the Assembly.E+W

(1)The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.

(2)The Assembly shall make information about Part II services provided in Wales available to the public.

[F23(3)The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.

[F24(3A)But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).]]

(4)The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.

(5)The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.

[F25(6)The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

(a)its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and

[F26(b)any other functions exercisable by the Assembly corresponding to functions exercisable—

(i)by [F27the Care Quality Commission] in relation to England; or

(ii)by the CIECSS under section 147 of the Education and Inspections Act 2006.]]

[F28[F29(7)]In this section, “Part II services” means services of the kind provided by persons registered under Part II F30. . . ]

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Amendments (Textual)

F24S. 8(3A) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(2); S.I. 2009/462, art. 2, Sch. 1 para. 35

F27Words in s. 8(6)(b)(i) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(3); S.I. 2009/462, art. 2, Sch. 1 para. 35

F28S. 8(7) (originally numbered s. 8(6)) inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 18(3); S.I. 2004/759, art. 5(2)

F29S. 8(6) (as second appearing) renumbered as s. 8(7) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(4); S.I. 2007/935, art. 5

F30Words in s. 8(7) repealed (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(4); S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

Commencement Information

I6S. 8 partly in force; s. 8 not in force at Royal Assent see s. 122; s. 8 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 8 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 8 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 8 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 8 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 8 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

9 Co-operative working.E+W

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

10 Inquiries.E+W

(1)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.

(3)Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.

(4)Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(5)Subsections (2) to (5) of section 250 of the M3Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.

(6)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.

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Amendments (Textual)

Commencement Information

I7S. 10 partly in force; s. 10 not in force at Royal Assent see s. 122; s. 10(1)-(5)(7) in force for E. at 1.4.2002 by S.I. 2001/3852, art. 3(2)(7)(e) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 10(2)-(7) in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 10(2)-(7) in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 10(2)-(7) in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 10(2)-(7) in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Marginal Citations

Part IIE+W Establishments and agencies

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Modifications etc. (not altering text)

C4Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C8Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

RegistrationE+W

11 Requirement to register.E+W

(1)Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.

(2)F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F35references in [F36subsection (1)] to an agency do] not include a reference to a voluntary adoption agency.

(4)The Secretary of State may by regulations make provision about the keeping of registers by F37. . . [F38the CIECSS] for the purposes of this Part.

(5)A person guilty of an offence under this section shall be liable on summary conviction—

(a)if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;

(b)if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(6)This subsection applies if—

(a)the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or

(b)the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.

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Amendments (Textual)

F34S. 11(2) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b), Sch. 5 para. 10(a), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F35Words in s. 11(3) substituted (25.2.2003 for E. for certain purposes, 30.4.2003 for E. otherwise and 28.11.2003 for W.) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 106 (with Sch. 4 paras. 6-8); S.I 2003/366, art. 2(1)(4); S.I. 2003/3079, art. 2(1)

F36Words in s. 11(3) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 10(b); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F37Words in s. 11(4) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b), Sch. 5 para. 10(c), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

Modifications etc. (not altering text)

Commencement Information

I8S. 11 partly in force; s. 11 not in force at Royal Assent see s. 122; s. 11 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 11 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 11 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 11 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 11 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 11 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 11 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 11 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

12 Applications for registration.E+W

(1)A person seeking to be registered under this Part shall make an application to the registration authority.

(2)The application—

(a)must give the prescribed information about prescribed matters;

(b)must give any other information which the registration authority reasonably requires the applicant to give,

and must be accompanied by [F39a fee of [F40the prescribed amount]].

(3)A person who applies for registration as the manager of an establishment or agency must be an individual.

(4)A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency must make a separate application in respect of each of them.

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Amendments (Textual)

F39Words in s. 12(2) substituted (20.11.2003 for certain purposes and 1.8.2006 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {105(3)}, 199; S.I. 2006/1680, art. 2(2)

F40Words in s. 12(2) substituted (21.7.2008 for certain purposes, 2.11.2009 for E. otherwise, and 1.10.2010 for W. otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 11; S.I. 2009/2862, art. 2; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications etc. (not altering text)

Commencement Information

I9S. 12 partly in force; s. 12 not in force at Royal Assent see s. 122; s. 12 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 12 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 12 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 12 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 12 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 12 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 12 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 11 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 12 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

13 Grant or refusal of registration.E+W

(1)Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.

(2)If the registration authority is satisfied that—

(a)the requirements of regulations under section 22; and

(b)the requirements of any other enactment which appears to the registration authority to be relevant,

are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.

(3)The application may be granted either unconditionally or subject to such conditions as the registration authority thinks fit.

(4)On granting the application, the registration authority shall issue a certificate of registration to the applicant.

(5)The registration authority may at any time—

(a)vary or remove any condition for the time being in force in relation to a person’s registration; or

(b)impose an additional condition.

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Commencement Information

I10S. 13 partly in force; s. 13 not in force at Royal Assent see s. 122; s. 13 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 13 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 13 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 13 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 13 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 13 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 13 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

14 Cancellation of registration.E+W

(1)The registration authority may at any time cancel the registration of a person in respect of an establishment or agency—

(a)on the ground that that person has been convicted of a relevant offence;

(b)on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;

(c)on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

[F41(ca)on the ground that—

(i)a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and

(ii)the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;]

(d)on any ground specified by regulations.

(2)For the purposes of this section the following are relevant offences—

(a)an offence under this Part or regulations made under it;

(b)an offence under the M4Registered Homes Act 1984 or regulations made under it;

(c)an offence under the 1989 Act or regulations made under it;

[F42(d)an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999;

(e)an offence under the Adoption and Children Act 2002 or regulations made under it];

[F43(f)an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part.]

(3)In this section “relevant requirements” means—

(a)any requirements or conditions imposed by or under this Part; and

(b)the requirements of any other enactment which appear to the registration authority to be relevant.

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Amendments (Textual)

F42S. 14(2)(d)(e) substituted (30.12.2005) for s. 14(2)(d) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 107 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 2}

F43S. 14(2)(f) inserted (21.7.2008 for certain purposes and 1.10. 2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 12; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications etc. (not altering text)

Commencement Information

I11S. 14 partly in force; s. 14 not in force at Royal Assent see s. 122; s. 14 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 14 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 14 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 14 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 14 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 14 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 14 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 14 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Marginal Citations

[F4414ASuspension of registrationE+W

(1)The Welsh Ministers may at any time suspend for a specified period the registration of a person in respect of an establishment or agency for which the Welsh Ministers are the registration authority.

(2)Except where the Welsh Ministers give notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.

(3)The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).

(4)A period of suspension may be extended under subsection (1) on one or more occasions.

(5)Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.

(6)In this section “relevant requirements” has the same meaning as in section 14.]

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Amendments (Textual)

15 Applications by registered persons.E+W

(1)A person registered under this Part may apply to the registration authority—

(a)for the variation or removal of any condition for the time being in force in relation to the registration; or

(b)for the cancellation of the registration[F45; or

(c)for the cancellation of, or the variation of the period of, any suspension of the registration.]

(2)But a person may not make an application under subsection (1)(b)—

(a)if the registration authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the registration authority has decided not to take that step; or

(b)if the registration authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

(3)An application under subsection (1) shall be made in such manner and state such particulars as may be prescribed and, if made under paragraph (a) [F46or (c)] of that subsection, shall be accompanied by[F47 a fee of the prescribed amount].

(4)If the registration authority decides to grant an application under subsection (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.

[F48(4A)If the Welsh Ministers decide to grant an application under subsection (1)(c), they must serve notice in writing of their decision on the applicant (stating, where applicable, the period as varied).]

[F49(5)If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.]

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Amendments (Textual)

F45S. 15(1)(c) and preceding word inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(a); S.I. 2009/462, art. 2, Sch. 1 para. 35

F46Word in s. 15(3) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(b)(i); S.I. 2009/462, art. 2, Sch. 1 para. 35

F47Words in s. 15(3) substituted (21.7.2008 for certain purposes, 2.11.2009 for E. otherwise, and 1.10.2010 for W. otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(b)(ii); S.I. 2009/2862, art. 2; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2

F48S. 15(4A) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(c); S.I. 2009/462, art. 2, Sch. 1 para. 35

F49S. 15(5) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(d); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2

Modifications etc. (not altering text)

Commencement Information

I12S. 15 partly in force; s. 15 not in force at Royal Assent see s. 122; s. 15 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 15 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 15 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 15 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 15 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 15 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 15 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 15 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

16 Regulations about registration.E+W

(1)Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about—

(a)the making of applications for registration;

(b)the contents of certificates of registration.

(2)Regulations may provide that no application for registration under this Part may be made in respect of a fostering agency F50. . . which is an unincorporated body.

[F51(3)Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed,[F52 an annual fee of the prescribed amount].]

(4)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

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Amendments (Textual)

F51S. 16(3) substituted (20.11.2003 for certain purposes and 1.8.2006 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 105(6), 199; S.I. 2006/1860, art. 2(2)

F52Words in s. 16(3) substituted (21.7.2008 for certain purposes, 2.11.2009 for E. otherwise, and 1.10.2010 for W. otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 15; S.I. 2009/2862, art. 2; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2

Modifications etc. (not altering text)

Commencement Information

I13S. 16 wholly in force at 1.4.2002; s. 16 not in force at Royal Assent see s. 122; s. 16 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 16 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 16 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

Registration procedureE+W

17 Notice of proposals.E+W

(1)Subsections (2) and (3) apply where a person applies for registration in respect of an establishment or agency.

(2)If the registration authority proposes to grant the application subject to any conditions which have not been agreed in writing between it and the applicant, it shall give the applicant written notice of its proposal and of the conditions subject to which it proposes to grant his application.

(3)The registration authority shall give the applicant notice of a proposal to refuse the application.

(4)Except where it makes an application under section 20 [F53or 20A or gives notice under section 20B], the registration authority shall give any person registered in respect of an establishment or agency notice of a proposal—

(a)to cancel the registration (otherwise than in accordance with an application under section 15(1)(b));

[F54(aa)to suspend the registration or extend a period of suspension;]

(b)to vary or remove (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or

(c)to impose any additional condition in relation to the registration.

(5)The registration authority shall give the applicant notice of a proposal to refuse an application under section 15(1)(a) [F55or (c)].

(6)A notice under this section shall give the registration authority’s reasons for its proposal.

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Amendments (Textual)

Commencement Information

I14S. 17 partly in force; s. 17 not in force at Royal Assent see s. 122; s. 17 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 17 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 17 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 17 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 17 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 17 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

18 Right to make representations.E+W

(1)A notice under section 17 shall state that within 28 days of service of the notice any person on whom it is served may make written representations to the registration authority concerning any matter which that person wishes to dispute.

(2)Where a notice has been served under section 17, the registration authority shall not determine any matter to which the notice relates until either—

(a)any person on whom the notice was served has made written representations to it concerning the matter;

(b)any such person has notified the registration authority in writing that he does not intend to make representations; or

(c)the period during which any such person could have made representations has elapsed.

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Modifications etc. (not altering text)

Commencement Information

I15S. 18 partly in force; s. 18 not in force at Royal Assent see s. 122; s. 18 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 18 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 18 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 18 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 18 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 18 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

19 Notice of decisions.E+W

(1)If the registration authority decides to grant an application for registration in respect of an establishment or agency unconditionally, or subject only to conditions which have been agreed in writing between it and the applicant, it shall give the applicant written notice of its decision.

(2)A notice under subsection (1) shall state the agreed conditions.

(3)If the registration authority decides to adopt a proposal under section 17, it shall serve notice in writing of its decision on any person on whom it was required to serve notice of the proposal.

(4)A notice under subsection (3) shall—

(a)explain the right of appeal conferred by section 21;

(b)in the case of a decision to adopt a proposal under section 17(2), state the conditions subject to which the application is granted; F56. . .

[F57(ba)in the case of a decision to adopt a proposal under section 17(4)(aa), state the period (or extended period) of suspension; and]

(c)in the case of a decision to adopt a proposal under section 17(4)(b) or (c), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

(5)Subject to subsection (6), a decision of the registration authority to adopt a proposal under section 17(2) or (4) shall not take effect—

(a)if no appeal is brought, until the expiration of the period of 28 days referred to in section 21(2); and

(b)if an appeal is brought, until it is determined or abandoned.

(6)Where, in the case of a decision to adopt a proposal under section 17(2), the applicant notifies the registration authority in writing before the expiration of the period mentioned in subsection (5)(a) that he does not intend to appeal, the decision shall take effect when the notice is served.

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Amendments (Textual)

Commencement Information

I16S. 19 partly in force; s. 19 not in force at Royal Assent see s. 122; s. 19 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 19 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 19 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 19 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 19 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 19 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

20[F58 Urgent procedure for cancellation, variation etc: England]E+W

(1)If[F59 in respect of an establishment or agency for which the CIECSS is the registration authority]

(a)[F60the CIECSS] applies to a justice of the peace for an order—

(i)cancelling the registration of a person in respect of [F61the] establishment or agency;

(ii)varying or removing any condition for the time being in force by virtue of this Part; or

(iii)imposing an additional condition; and

(b)it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being,

the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.

(2)An application under subsection (1) may, if the justice thinks fit, be made without notice.

(3)As soon as practicable after the making of an application under this section, [F62the CIECSS] shall notify the appropriate authorities of the making of the application.

(4)An order under subsection (1) shall be in writing.

(5)Where such an order is made, [F63the CIECSS] shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a)a copy of the order; and

(b)notice of the right of appeal conferred by section 21.

[F64(6)For the purposes of this section the appropriate authorities are—

(a)the local authority in whose area the establishment or agency is situated; and

(b)any other statutory authority whom the CIECSS thinks it appropriate to notify.]

(7)In this section “statutory authority” means a body established by or under an Act of Parliament.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I17S. 20 partly in force; s. 20 not in force at Royal Assent see s. 122; s. 20 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 20 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 20 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 20 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 20 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 20 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

[F6520AUrgent procedure for cancellation: WalesE+W

(1)If in respect of an establishment or agency for which the Welsh Ministers are the registration authority—

(a)the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, and

(b)it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,

the justice may make the order, and the cancellation has effect from the time when the order is made.

(2)An application under subsection (1) may, if the justice thinks fit, be made without notice.

(3)As soon as practicable after the making of an application under this section, the Welsh Ministers must notify the appropriate authorities of the making of the application.

(4)An order under subsection (1) is to be in writing.

(5)Where such an order is made, the Welsh Ministers must, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a)a copy of the order, and

(b)notice of the right of appeal conferred by section 21.

(6)For the purposes of this section the appropriate authorities are—

(a)the local authority in whose area the establishment or agency is situated,

(b)the Local Health Board in whose area the establishment or agency is situated, and

(c)any statutory authority not falling within paragraph (a) or (b) whom the Welsh Ministers think it appropriate to notify.

(7)In this section “statutory authority” has the same meaning as in section 20.

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Amendments (Textual)

20BUrgent procedure for suspension or variation etc: WalesE+W

(1)Subsection (2) applies where—

(a)a person is registered under this Part in respect of an establishment or agency for which the Welsh Ministers are the registration authority, and

(b)the Welsh Ministers have reasonable cause to believe that unless they act under this section any person will or may be exposed to the risk of harm.

(2)Where this subsection applies, the Welsh Ministers may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the Welsh Ministers that is mentioned in subsection (3) to take effect from the time when the notice is given.

(3)Those decisions are—

(a)a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

(b)a decision under section 14A to suspend the registration or extend the period of suspension.

(4)The notice must—

(a)state that it is given under this section,

(b)state the Welsh Ministers' reasons for believing that the circumstances fall within subsection (1)(b),

(c)specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

(d)explain the right of appeal conferred by section 21.]

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Amendments (Textual)

21 Appeals to the Tribunal.E+W

(1)An appeal against—

(a)a decision of the registration authority under this Part; F66. . .

(b)an order made by a justice of the peace under section 20 [F67or 20A][F68; or

(c)a notice served under section 22B(1)],

shall lie to the Tribunal.

(2)No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

[F69(2A)No appeal against a notice under section 22B(1) may be brought by a person more than 28 days after the notice was served on him.]

(3)On an appeal against a decision of the registration authority [F70, other than a decision to which a notice under section 20B relates,] the Tribunal may confirm the decision or direct that it shall not have effect.

(4)On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

[F71(4ZA)On an appeal against a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall cease to have effect.]

[F72(4A)On an appeal against a notice served under section 22B(1) the Tribunal may confirm the notice or direct that it shall cease to have effect.

(4B)If the Tribunal directs that a notice (“the first notice”) under section 22B(1) shall cease to have effect it must direct that any other notice under that section which is connected to the first notice shall also cease to have effect.

(4C)For the purposes of subsection (4B), notices are connected if they impose the requirement mentioned in section 22B(2) in relation to the same establishment.]

(5)The Tribunal shall also have power on an appeal F73. . . —

(a)to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates;

(b)to direct that any such condition shall cease to have effect; F74. . .

(c)to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency[F75; or

(d)to vary the period of any suspension.]

[F76(6)Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).]

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Amendments (Textual)

F66Word preceding s. 21(1)(b) repealed (1.4.2010 for E. and 28.3.2011 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 42, 44, Sch. 4; S.I. 2009/3354, art. 3(2); S.I. 2011/949, art. 3(1)(d)

F68S. 21(1)(c) and preceding word inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(2), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

Commencement Information

I18S. 21 partly in force; s. 21 not in force at Royal Assent see s. 122; s. 21 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(b) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 21 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 21 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 21 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 21 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 21 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 21 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Regulations and standardsE+W

22 Regulation of establishments and agencies.E+W

(1)Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and may in particular make any provision such as is mentioned in subsection (2), (7) or (8).

(2)Regulations may—

(a)make provision as to the persons who are fit to carry on or manage an establishment or agency;

(b)make provision as to the persons who are fit to work at an establishment or for the purposes of an agency;

(c)make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency;

(d)make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency;

(e)make provision for securing the welfare of children placed, under section [F7722C] of the 1989 Act, by a fostering agency;

(f)make provision as to the management and control of the operations of an establishment or agency;

(g)make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency;

(h)make provision as to the management and training of such persons;

(i)impose requirements as to the financial position of an establishment or agency;

(j)make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances.

(3)Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).

(4)Regulations under subsection (2)(b) may, in particular, make provision for prohibiting persons from working in such positions as may be prescribed at an establishment, or for the purposes of an agency, unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).

(5)Regulations under paragraph (d) of subsection (2) may, in particular, make provision—

(a)as to the promotion and protection of the health of persons such as are mentioned in that paragraph;

(b)as to the control and restraint of adults accommodated in, or provided with services by, an establishment;

(c)as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.

(6)Regulations under paragraph (e) of subsection (2) may, in particular, make provision—

(a)as to the promotion and protection of the health of children such as are mentioned in that paragraph;

(b)as to the control, restraint and discipline of such children.

(7)Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular—

(a)make provision as to the facilities and services to be provided in establishments and by agencies;

(b)make provision as to the keeping of accounts;

(c)make provision as to the keeping of documents and records;

(d)make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies;

(e)make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice;

(f)provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it;

(g)make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on;

(h)make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers;

(i)make provision requiring the payment [F78, in respect of any notification required to be made by virtue of paragraph (h), of[F79 a fee of the prescribed amount;]]

(j)make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements;

(k)make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards;

(l)make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.

(8)Regulations may make provision—

(a)F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)imposing other requirements (in addition to those imposed by section 25 of the 1989 Act (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose [F81of restricting liberty], including a requirement to obtain the permission of any local authority who are looking after the child;

(c)as to the facilities which are to be provided for giving religious instruction to children in children’s homes.

(9)Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.

(10)References in this section to agencies do not include references to voluntary adoption agencies [F82or adoption support agencies].

(11)In subsection (7)(k), “listed services” has the same meaning as in section 2.

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Amendments (Textual)

F77Words in s. 22(2)(e) substituted (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 11; S.I. 2010/2981, art. 4

F78Words in s. 22(7)(i) substituted (20.11.2003 for certain purposes and 1.8.2006 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 105(7), 199; S.I. 2006/1680, art. 2(2)

F79Words in s. 22(7)(i) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 21; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications etc. (not altering text)

Commencement Information

I19S. 22 wholly in force at 20.11.2001; s. 22 not in force at Royal Assent see s. 122; s. 22 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 22 in force for E. at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(c) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[F8322APower of CIECSS to serve notice where person is failing to comply with regulationsE+W

(1)This section applies if—

(a)a person (“P”) is registered in respect of a relevant establishment or agency; and

(b)the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.

(2)The CIECSS may serve a compliance notice on P.

(3)A compliance notice is a notice which—

(a)states that the CIECSS is of the opinion mentioned in subsection (1)(b);

(b)specifies the requirement with which the CIECSS considers P is failing or has failed to comply;

(c)specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;

(d)specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;

(e)specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;

(f)specifies a period for the taking of those steps; and

(g)explains the effect of subsections (4) and (5).

(4)Failing to take the steps specified in a compliance notice within the period so specified is an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)In this section—

(a)a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;

(b)references to a “requirement” are references to a requirement imposed by regulations under—

(i)section 22;

(ii)section 9 of the Adoption Act 1976; or

(iii)section 9 of the Adoption and Children Act 2002.]

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Amendments (Textual)

F83S. 22A inserted (1.4.2010 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 26(2), 44; S.I. 2009/3354, art. 3(2)

[F8422BNotice restricting accommodation at certain establishmentsE+W

(1)The registration authority may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.

(2)The requirement is to ensure that no child is accommodated at the establishment unless the child—

(a)was accommodated there when the notice was served; and

(b)has continued to be accommodated there since the notice was served.

(3)A notice under subsection (1) must—

(a)explain the requirement imposed by the notice;

(b)specify the establishment in relation to which that requirement is imposed;

(c)give the registration authority's reasons for serving the notice;

(d)explain the right of appeal conferred by section 21.

(4)A notice under subsection (1) ceases to have effect—

(a)at such time as may be specified in the notice;

(b)if the registration authority serves a notice to that effect on the person on whom the notice under subsection (1) was served;

(c)if the Tribunal so directs under section 21(4A) or (4B).

(5)Subsection (6) applies if—

(a)the registration authority serves a notice on a person under subsection (1) or (4)(b); and

(b)one or more other persons are registered in respect of the establishment to which the notice relates.

(6)The registration authority must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).

(7)The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).

(8)This section applies to the following establishments—

(a)a children's home;

(b)a residential family centre.]

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Amendments (Textual)

23 National minimum standards.E+W

(1)The appropriate Minister may prepare and publish statements of national minimum standards applicable to establishments or agencies.

(2)The appropriate Minister shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.

(3)Before issuing a statement, or an amended statement which in the opinion of the appropriate Minister effects a substantial change in the standards, the appropriate Minister shall consult any persons he considers appropriate.

(4)The standards shall be taken into account—

(a)in the making of any decision by the registration authority under this Part;

(b)in any proceedings for the making of an order under section 20;

[F85(ba)by the registration authority in considering whether to serve a notice under section 22B;]

(c)in any proceedings on an appeal [F86under section 21]; and

(d)in any proceedings for an offence under regulations under this Part [F87or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or [F88against a voluntary adoption agency or adoption support agency for an offence under] section 9 of the Adoption and Children Act 2002].

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Amendments (Textual)

F86Words in s. 23(4)(c) substituted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(6)(b), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

F87Words in s. 23(4)(d) inserted (30.4.2003 for E., 28.11.2003 for W. for certain purposes and 30.12.2005 for W. otherwise) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 110 (with Sch. 4 paras. 6-8); S.I. 2003/366, art. 2(4); S.I. 2003/3079, art. 2(1); S.I. 2005/2213, art. 2

F88Words in s. 23(4)(d) inserted (20.11.2003 for certain purposes, 1.4.2004 for E. so far as not already in force, otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 21; S.I. 2004/759, art. 4(2)

Commencement Information

I20S. 23 wholly in force at 1.4.2002; s. 23 not in force at Royal Assent see s. 122; s. 23(1)-(3) in force for E. at 2.3.2001 by S.I. 2001/731, arts. 1(2), 2; s. 23 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 23(4) in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(b)(6) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 23 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

OffencesE+W

24 Failure to comply with conditions.E+W

If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I21S. 24 partly in force; s. 24 not in force at Royal Assent see s. 122; s. 24 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 24 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 24 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 24 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 24 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 24 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

[F8924AOffences relating to suspensionE+W

(1)If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

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Amendments (Textual)

25 Contravention of regulations.E+W

(1)Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

(2)A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Modifications etc. (not altering text)

Commencement Information

I22S. 25 wholly in force at 1.4.2002; s. 25 not in force at Royal Assent see s. 122; s. 25 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 25 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 25 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

26 False descriptions of establishments and agencies.E+W

(1)A person who, with intent to deceive any person—

(a)applies any name to premises in England or Wales; or

(b)in any way describes such premises or holds such premises out,

so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.

[F90(1A)If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.]

(2)References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.

(3)No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.

(4)A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

Commencement Information

I23S. 26 partly in force; s. 26 not in force at Royal Assent see s. 122; s. 26 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 26 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 26 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 26 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 26 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 26 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

27 False statements in applications.E+W

(1)Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Commencement Information

I24S. 27 partly in force; s. 27 not in force at Royal Assent see s. 122; s. 27 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(b)(6) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 27 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 27 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 27 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 27 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 27 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 27 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

28 Failure to display certificate of registration.E+W

(1)A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.

(2)If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Modifications etc. (not altering text)

Commencement Information

I25S. 28 partly in force; s. 28 not in force at Royal Assent see s. 122; s. 28 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 28 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 28 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 28 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 28 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 28 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

29 Proceedings for offences.E+W

[F91(1)Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.]

(2)Proceedings for an offence under this Part or regulations made under it may be brought within [F92the permitted period] from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.

[F93(3)The permitted period” means—

(a)in the case of proceedings brought by the Welsh Ministers, a period of 12 months;

(b)in any other case, a period of 6 months.]

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Amendments (Textual)

F91S. 29(1) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 24(a); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F92Words in s. 29(2) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 24(b); S.I. 2009/462, art. 2, Sch. 1 para. 35

F93S. 29(3) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 24(c); S.I. 2009/462, art. 2, Sch. 1 para. 35

Commencement Information

I26S. 29 partly in force; s. 29 not in force at Royal Assent see s. 122; s. 29 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 29 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 29 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 29 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 29 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 29 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

30 Offences by bodies corporate.E+W

(1)This section applies where any offence under this Part or regulations made under it is committed by a body corporate.

(2)If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)any director, manager, or secretary of the body corporate; or

(b)any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3)The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

(a)to any other similar officer of the body; and

(b)where the body is a local authority, to any officer or member of the authority.

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Commencement Information

I27S. 30 partly in force; s. 30 not in force at Royal Assent see s. 122; s. 30 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 30 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 30 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 30 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 30 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 30 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

[F94Penalty noticesE+W

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Amendments (Textual)

F94Ss. 30ZA, 30ZB and preceding cross-heading inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 25; S.I. 2009/462, art. 2, Sch. 1 para. 35

30ZAPenalty noticesE+W

(1)Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.

(2)A fixed penalty offence is any relevant offence which—

(a)relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

(b)is prescribed for the purposes of this section.

(3)A relevant offence is—

(a)an offence under this Part or under regulations made under this Part, or

(b)an offence under regulations made under section 9 of the Adoption and Children Act 2002.

(4)A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

(5)Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

(6)Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.

(7)Penalties under this section are payable to the Welsh Ministers.

(8)In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.

30ZBPenalty notices: supplementary provisionE+W

(1)The Welsh Ministers may by regulations make—

(a)provision as to the form and content of penalty notices,

(b)provision as to the monetary amount of the penalty and the time by which it is to be paid,

(c)provision determining the methods by which penalties may be paid,

(d)provision as to the records to be kept in relation to penalty notices,

(e)provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i)repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii)prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

(f)provision for a certificate—

(i)purporting to be signed by or on behalf of a prescribed person, and

(ii)stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(g)provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

(h)such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

(2)Regulations under subsection (1)(b)—

(a)may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

(b)must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.

(3)In this section—

  • penalty” means a penalty under a penalty notice;

  • penalty notice” has the meaning given by section 30ZA(4).]

Miscellaneous and supplementalE+W

[F9530ANotification of matters relating to persons carrying on or managing certain establishments or agenciesE+W

(1)This section applies where a person (“P”) is carrying on or managing an establishment or agency mentioned in subsection (6).

(2)If the registration authority—

(a)has decided to adopt a proposal under section 17(4)(a) to cancel the registration of P in respect of the establishment or agency,

[F96(aa)has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,

(ab)has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,]

(b)has brought proceedings against P for a relevant offence which it alleges P committed in relation to the establishment or agency, F97. . .

(c)has served a notice on P under section 22B,[F98 or

(d)has given P a penalty notice under section 30ZA in respect of an offence which it alleges P committed in relation to the establishment or agency and P has paid the penalty in accordance with the notice,]

it must as soon as practicable notify each local authority in England and Wales of that fact.

(3)If the registration authority becomes aware of any prescribed circumstances which relate to P it must as soon as practicable notify each local authority in England and Wales of those circumstances.

(4)A notification under this section must contain such information as may be prescribed.

(5)A notification under this section may be transmitted to a local authority electronically if—

(a)the local authority has agreed that notifications may be given to them by being transmitted to an electronic address and in an electronic form specified in the agreement; and

(b)the notification is a notification to which that agreement applies.

(6)The establishments and agencies are—

(a)a children's home;

(b)a residential family centre;

(c)a fostering agency;

(d)a voluntary adoption agency;

(e)an adoption support agency;

(f)a provider of social work services.

(7)In this section—

  • electronic address” includes any number or address used for the purposes of receiving electronic communications;

  • electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;

  • electronically” means in the form of an electronic communication;

  • relevant offence” means an offence under—

    (a)

    this Part;

    (b)

    regulations under this Part;

    (c)

    section 9(4) of the Adoption Act 1976;

    (d)

    regulations under section 9 of the Adoption and Children Act 2002;

  • prescribed” means prescribed by regulations made—

    (a)

    in relation to England, by the Secretary of State;

    (b)

    in relation to Wales, by the Welsh Ministers.]

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Amendments (Textual)

F95S. 30A inserted (1.9.2009 for E. for certain purposes, 26.4.2010 for W. for certain purposes, 28.3.2011 for W. otherwise, and 1.4.2011 for E. otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 29, 44; S.I. 2009/2273, art. 2(2); S.I. 2010/1329, art. 2; S.I. 2010/2981, art. 4; S.I. 2011/949, art. 3

F97Word at the end of s. 30A(2)(b) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b)(3), Sch. 5 para. 26(3), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F98S. 30A(2)(d) and preceding word inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 26(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

31 Inspections by persons authorised by registration authority.E+W

(1)The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.

[F99(1A)The power under subsection (1) to require the provision of information includes—

(a)power to require the provision of copies of any documents or records (including medical and other personal records); and

(b)in relation to records kept by means of a computer, power to require the provision of the records in legible form.]

(2)A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.

(3)A person authorised by virtue of this section to enter and inspect premises may—

(a)make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;

(b)inspect and take copies of any documents or records [F100(including medical and other personal records)] required to be kept in accordance with regulations under this Part, [F101section 9 of the Adoption and Children Act 2002], section [F10222C] or 59(2) of the 1989 Act or section 1(3) of the M5Adoption (Intercountry Aspects) Act 1999;

(c)interview in private the manager or the person carrying on the establishment or agency;

(d)interview in private any person [F103working] there;

(e)interview in private any patient or person accommodated or cared for there who consents to be interviewed.

(4)The powers under subsection (3)(b) include—

(a)power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and

(b)in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(5)Subsection (6) applies where the premises in question are used as an establishment and the person so authorised—

(a)is a medical practitioner or registered nurse; and

(b)has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.

(6)The person so authorised may, with the consent of the person mentioned in subsection (5)(b), examine him in private F104. . . .

The [F105power] conferred by this subsection may be exercised in relation to a person who is incapable of giving consent without that person’s consent.

(7)The Secretary of State may by regulations [F106require the CIECSS] to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.

(8)A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.

(9)Any person who—

(a)intentionally obstructs the exercise of any power conferred by this section or section 32; or

(b)fails without a reasonable excuse to comply with any requirement under this section or that section,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Amendments (Textual)

F102Words in s. 31(3)(b) substituted (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 12; S.I. 2010/2981, art. 4

F106Words in s. 31(7) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 27; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications etc. (not altering text)

C25S. 31(5)(a) modified by SI 2008/1976 reg. 4A (as inserted (W.) (1.1.2012) by The Private Dentistry (Wales) (Amendment) Regulations 2011 (S.I. 2011/2686), regs. 1, 2(4))

Commencement Information

I28S. 31 partly in force; s. 31 not in force at Royal Assent see s. 122; s. 31 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 31 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(c)(6), Sch. 1 para. 5(2)(3) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 31 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 31 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 31 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 31 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 31 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 31 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Marginal Citations

32 Inspections: supplementary.E+W

(1)A person authorised by virtue of section 31 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part.

(2)A person so authorised—

(a)may require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 31 or this section;

(b)may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(3)A person authorised by virtue of section 31 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.

(4)The references in section 31 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.

(5)Where any premises which are used as an establishment or for the purposes of an agency have been inspected under section 31, the registration authority—

(a)shall prepare a report on the matters inspected; and

(b)shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.

(6)The registration authority shall make copies of any report prepared under subsection (5) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.

(7)Any person who asks the registration authority for a copy of a report prepared under subsection (5) shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.

(8)F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I29S. 32 partly in force; s. 32 not in force at Royal Assent see s. 122; s. 32 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(c)(6), Sch. 1 para. 5(2)(3) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 32 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 32 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 32 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 32 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 32 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 32 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

33 Annual returns.E+W

(1)Regulations may require the person carrying on an establishment or agency to make an annual return to the registration authority.

(2)Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.

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Modifications etc. (not altering text)

Commencement Information

I30S. 33 wholly in force at 1.4.2002; s. 33 not in force at Royal Assent see s. 122; s. 33 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 33 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 33 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

34 Liquidators etc.E+W

(1)Regulations may—

(a)require any person to whom this section applies to give notice of his appointment to the registration authority;

(b)require any person to whom this section applies to appoint a person to manage the establishment or agency in question.

(2)This section applies to any person appointed as—

(a)a receiver or manager of the property of a relevant company;

(b)the liquidator or provisional liquidator of a relevant company; or

(c)the trustee in bankruptcy of a relevant individual.

(3)In this section—

  • company” includes a partnership;

  • relevant company” means a company which is registered under this Part in respect of an establishment or agency; and

  • relevant individual” means an individual who is registered under this Part in respect of an establishment or agency.

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Modifications etc. (not altering text)

Commencement Information

I31S. 34 wholly in force at 1.4.2002; s. 34 not in force at Royal Assent see s. 122; s. 34 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 34 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 34 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

35 Death of registered person.E+W

(1)Regulations may—

(a)provide for the provisions of this Part to apply with prescribed modifications in cases where a person who was the only person registered under this Part in respect of an establishment or agency has died;

(b)require the personal representatives of a deceased person who was registered in respect of an establishment or agency to notify the registration authority of his death.

(2)Regulations under subsection (1)(a) may in particular—

(a)provide for the establishment or agency to be carried on for a prescribed period by a person who is not registered in respect of it; and

(b)include provision for the prescribed period to be extended by such further period as the registration authority may allow.

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Modifications etc. (not altering text)

Commencement Information

I32S. 35 wholly in force at 1.4.2002; s. 35 not in force at Royal Assent see s. 122; s. 35 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 35 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 35 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

36 Provision of copies of registers.E+W

(1)Subject to subsection (3), the registration authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.

(2)Subject to subsections (3) and (4), any person who asks the registration authority for a copy of, or of an extract from, a register kept for the purposes of this Part shall be entitled to have one.

(3)Regulations may provide that subsections (1) and (2) shall not apply—

(a)in such circumstances as may be prescribed; or

(b)to such parts of a register as may be prescribed.

(4)A fee determined by the registration authority shall be payable for the copy except—

(a)in prescribed circumstances;

(b)in any other case where the registration authority considers it appropriate to provide the copy free of charge.

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Modifications etc. (not altering text)

Commencement Information

I33S. 36 partly in force; s. 36 not in force at Royal Assent see s. 122; s. 36 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 36 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 36 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 36 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 36 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 36 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 36 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 36 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

[F10836A Voluntary adoption agencies: distribution of functionsE+W

(1)This section applies to functions relating to voluntary adoption agencies conferred on the registration authority by or under this Part or under Chapter 2 of Part 1 of the Adoption and Children Act 2002.

(2)Subject to the following provisions, functions to which this section applies are exercisable—

(a)where the principal office of an agency is in England, by [F109the CIECSS],

(b)where the principal office of an agency is in Wales, by the Assembly.

(3)So far as those functions relate to the imposition, variation or removal of conditions of registration, they may only be exercised after consultation with the Assembly or (as the case may be) [F109the CIECSS].

(4)But—

(a)where such a function as is mentioned in subsection (3) is exercisable by the [F109the CIECSS] in relation to an agency which has a branch in Wales, it is exercisable only with the agreement of the Assembly,

(b)where such a function as is mentioned in subsection (3) is exercisable by the Assembly in relation to an agency which has a branch in England, it is exercisable only with the agreement of [F109the CIECSS].

(5)The functions conferred on the registration authority by sections 31 and 32 of this Act in respect of any premises of a voluntary adoption agency are exercisable—

(a)where the premises are in England, by [F109the CIECSS]

(b)where the premises are in Wales, by the Assembly.

(6)In spite of subsections (2) to (5), regulations may provide for any function to which this section applies to be exercisable by [F109the CIECSS] instead of the Assembly, or by the Assembly instead of [F109the CIECSS], or by one concurrently with the other, or by both jointly or by either with the agreement of or after consultation with the other.

(7)In this section, “regulations” means regulations relating to England and Wales.]

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Amendments (Textual)

F108S. 36A inserted (1.2.2003 for W., 25.2.2003 for E. for certain purposes, 30.4.2003 for E. for certain further purposes and 30.12.2005 for E. otherwise) by Adoption and Children Act 2002 (c. 38), ss. 16, 148 (with Sch. 4 paras. 1, 6-8); S.I. 2003/181, art. 2; S.I. 2003/366, art. 2(1)(4); S.I. 2005/2213, art. 3

Modifications etc. (not altering text)

C31S. 36A amended (temp.) (25.2.2003) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 4 para. 4(2) (with Sch. 4 paras. 6-8); S.I 2003/366, {art. 2}

37 Service of documents.E+W

(1)Any notice or other document required under this Part to be served on a person carrying on or managing, or intending to carry on or manage, an establishment or agency may be served on him—

(a)by being delivered personally to him; or

(b)by being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

(2)For the purposes of section 7 of the M6Interpretation Act 1978 (which defines “service by post”) a letter addressed to a person carrying on or managing an establishment or agency enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the establishment or agency.

(3)Where a notice or other document is served as mentioned in subsection (1)(b), the service shall, unless the contrary is proved, be deemed to have been effected on the third day after the day on which it is sent.

(4)Any notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(5)For the purposes of this section, and of section 7 of the M7Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person shall be—

(a)in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;

(b)in the case of a partner of a firm, that of the principal office of the firm; and

(c)in any other case, the last known address of the person.

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Commencement Information

I34S. 37 partly in force; s. 37 not in force at Royal Assent see s. 122; s. 37 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 37 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 37 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 37 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 37 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 37 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Marginal Citations

38 Transfers of staff under Part II.E+W

(1)The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.

(2)In this section—

  • eligible employee” means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this Part;

  • new employer” means the registration authority;

  • old employer” means a local authority or a Health Authority.

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Commencement Information

I35S. 38 wholly in force at 20.11.2001; s. 38 not in force at Royal Assent see s. 122; s. 38 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 38 in force for E. at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(c) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

39 Temporary extension of meaning of “nursing home”.E+W

In section 21 of the M8Registered Homes Act 1984 (meaning of nursing home)—

(a)in subsection (1), after “(3)” there is inserted “ and (3A) ”;

(b)in subsection (2), for “subsection (1) above” there is substituted “ this section ”;

(c)in subsection (3)(e)(ii), “dental practitioner or” is omitted; and

(d)after subsection (3) there is inserted—

(3A)The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.

(3B)This subsection applies if—

(a)the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and

(b)the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia—

(i)in pursuance of the M9National Health Service Act 1977; or

(ii)under an agreement made in accordance with Part I of the M10National Health Service (Primary Care) Act 1997.

(3C)This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above.

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Commencement Information

I36S. 39 wholly in force at 31.8.2001; s. 39 not in force at Royal Assent see s. 122; s. 39 in force for E. for certain purposes at 19.2.2001 and for E. in so far as not already in force at 19.3.2001 by S.I. 2001/290, arts. 1(3), 2 (with transitional provisions in art. 3); s. 39 in force for W. for certain purposes at 31.7.2001 and for W. at 31.8.2001 as to the remainder by S.I. 2001/2504, art. 2 (with transitional provisions in art. 3)

Marginal Citations

40 Temporary extension of meaning of “children’s home”.E+W

In section 63(3)(a) of the 1989 Act (meaning of “children’s home”), for “more than three children at any one time” there shall be substituted “ children ”.

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Commencement Information

I37S. 40 wholly in force at 28.2.2001; s. 40 not in force at Royal Assent see s. 122; s. 40 in force for E. for certain purposes at 15.10.2000 and s. 40 in force for E. in so far as not already in force at 1.1.2001 by S.I. 2000/2795, art. 2(1)(2)(a) (with art. 3); s. 40 in force for W. for certain purposes at 1.2.2001 and s. 40 in force for W. in so far as not already in force at 28.2.2001 by S.I. 2001/139, arts. 1(3), 2 (with transitional provisions in art. 3)

41 Children’s homes: temporary provision about cancellation of registration.E+W

(1)In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)—

(a)in paragraph (a), after “is not” there shall be inserted “ , or has not been, ”;

(b)after “is” there shall be inserted “ , or has been, ”.

(2)In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted—

(6)In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on.

(3)In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children’s homes), after “is being” there shall be inserted “ and has been ”.

(4)In paragraph 4 of that Schedule—

(a)in sub-paragraph (3) after “is being” there shall be inserted “ , or has been, ”;

(b)after sub-paragraph (4) there shall be inserted—

(5)In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on.

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Commencement Information

I38S. 41 wholly in force at 28.2.2001; s. 41 not in force at Royal Assent see s. 122; s. 41 in force for E. at 1.1.2001 by S.I. 2000/2795, art. 2(2)(a) (with art. 3); s. 41 in force for W. at 28.2.2001 by S.I. 2001/139, arts. 1(3), 2(2)(a) (with transitional provisions in art. 3)

42 Power to extend the application of Part II.E+W

(1)Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) [F110, (2A)] or (3) applies.

[F111(2)This subsection applies to—

(a)Welsh local authorities providing services in the exercise of their social services functions, and

(b)persons who provide services which are similar to services which—

(i)may or must be so provided by Welsh local authorities, or

(ii)may or must be provided by Welsh NHS bodies.

(2A)This subsection applies to—

(a)English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and

(b)persons who provide services which are similar to services which may or must be so provided by English local authorities.]

(3)This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).

(4)The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2) [F112or (2A)].

[F113(5)F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F115(6)For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.

(7)In this section—

  • cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,

  • English local authorities” means local authorities in England,

  • Welsh local authorities” means local authorities in Wales, and

  • Welsh NHS bodies” means—

    (a)

    Local Health Boards,

    (b)

    National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,

    (c)

    Special Health Authorities performing functions only or mainly in respect of Wales, and

    (d)

    cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.]

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Amendments (Textual)

F110Words in s. 42(1) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(2); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F111S. 42(2)(2A) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) for s. 42(2) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(3); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F112Words in s. 42(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F115S. 42(6)(7) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(6); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Commencement Information

I39S. 42 wholly in force at 1.9.2003; s. 42 not in force at Royal Assent see s. 122; s. 42 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 42 in force for E. at 1.9.2003 by S.I. 2003/933, art. 2(3)

Part IIIE+W Local Authority Services

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Modifications etc. (not altering text)

C32Pt. 3: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {102(4)}, 199; S.I. 2004/759, art. 5(2)

43 Introductory.E+W

(1)This section has effect for the purposes of this Part.

(2)Relevant functions”, in relation to a local authority, means relevant adoption functions and relevant fostering functions.

(3)In relation to a local authority—

(a)relevant adoption functions” means functions under [F116the Adoption and Children Act 2002] of making or participating in arrangements for the adoption of children [F117or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002)]; and

[F118(b)relevant fostering functions” means functions under section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F.]

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Amendments (Textual)

F118S. 43(3)(b) substituted (1.4.2011 for E. and otherwise prosp.) by virtue of Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 13; S.I. 2010/2981, art. 4

Commencement Information

I40S. 43 wholly in force at 30.4.2003; s. 43 not in force at Royal Assent see s. 122; s. 43 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 43 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(ii) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 43(1)(2)(3)(b) in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 43(1)(2)(3)(a) in force for E. for certain purposes at 24.2.2003 and for remaining purposes at 30.4.2003 by S.I. 2003/365, art. 3(2)(5) (subject to Sch.)

44 General powers of the Commission.E+W

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

45 Inspection by registration authority of adoption and fostering services.E+W

(1)F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I41S. 45 wholly in force at 30.4.2003; s. 45 not in force at Royal Assent see s. 122; s. 45(4) in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(ii) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 45 in force for E. for certain purposes in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 45 in force for W. at 30.1.2003 by S.I. 2003/152, art. 2; s. 45(4) in force for E. for certain purposes at 24.2.2003 and for remaining purposes at 30.4.2003 by S.I. 2003/365, art. 3(2)(5)

46 Inspections: supplementary.E+W

F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

47 Action following inspection.E+W

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

48 Regulation of the exercise of relevant fostering functions.E+W

(1)Regulations may make provision about the exercise by local authorities of relevant fostering functions, and may in particular make provision—

(a)as to the persons who are fit to work for local authorities in connection with the exercise of such functions;

(b)as to the fitness of premises to be used by local authorities in their exercise of such functions;

(c)as to the management and control of the operations of local authorities in their exercise of such functions;

(d)as to the numbers of persons, or persons of any particular type, working for local authorities in connection with the exercise of such functions;

(e)as to the management and training of such persons;

[F124(f)as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions].

(2)Regulations under subsection (1)(a) may, in particular, make provision for prohibiting persons from working for local authorities in such positions as may be prescribed unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).

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Amendments (Textual)

Commencement Information

I42S. 48 wholly in force at 1.4.2002; s. 48 not in force at Royal Assent see s. 122; s. 48 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 48 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(ii) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 48 in force for E. for remaining purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

49 National minimum standards.E+W

(1)Subsections (1), (2) and (3) of section 23 shall apply to local authorities in their exercise of relevant functions as they apply to establishments and agencies.

(2)F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I43S. 49 wholly in force at 30.4.2003; s. 49 not in force at Royal Assent see s. 122; s. 49 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 49 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(d)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 49 in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 49 in force for E. for certain purposes at 24.2.2003 and 30.4.2003 by S.I. 2003/365, and for remaining purposes at 30.4.2003 by S.I. 2003/365, art. 3(2)(5) (subject to Sch.)

50 Annual returns.E+W

(1)Regulations may require a local authority to make to the registration authority an annual return containing such information with respect to the exercise by the local authority of relevant functions as may be prescribed.

(2)Provision may be made by the regulations as to the period in respect of which and date by which the return is to be made.

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Commencement Information

I44S. 50 partly in force; s. 50 not in force at Royal Assent see s. 122; s. 50 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 50 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(ii) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 50 in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

51 Annual fee.E+W

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

52 Contravention of regulations.E+W

(1)Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

(2)A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Commencement Information

I45S. 52 partly in force; s. 52 not in force at Royal Assent see s. 122; s. 52 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 52 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(ii) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 52 in force for E. for certain purposes in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

53 Offences: general provisions.E+W

Sections 29 and 30 apply in relation to this Part as they apply in relation to Part II.

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Commencement Information

I46S. 53 partly in force; s. 53 not in force at Royal Assent see s. 122; s. 53 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 53 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 53 in force for E. for remaining purposes at 30.4.2003, by S.I. 2003/365, art. 3(5)(b) (subject to Sch.)

Part IVE+W+S+N.I. Social care workers

PreliminaryE+W

54 Care Councils.E+W

(1)There shall be—

(a)a body corporate to be known as the General Social Care Council (referred to in this Act as “the English Council”); and

(b)a body corporate to be known as the Care Council for Wales or Cyngor Gofal Cymru (referred to in this Act as “the Welsh Council”),

which shall have the functions conferred on them by or under this Act or any other enactment.

(2)It shall be the duty of the English Council to promote in relation to England—

(a)high standards of conduct and practice among social care workers; and

(b)high standards in their training.

(3)It shall be the duty of the Welsh Council to promote in relation to Wales—

(a)high standards of conduct and practice among social care workers; and

(b)high standards in their training.

(4)Each Council shall, in the exercise of its functions, act—

(a)in accordance with any directions given to it by the appropriate Minister; and

(b)under the general guidance of the appropriate Minister.

(5)Directions under subsection (4) shall be given in writing.

(6)Schedule 1 shall have effect with respect to a Council.

(7)In this Act, references to a Council are—

(a)in relation to England, a reference to the General Social Care Council,

(b)in relation to Wales, a reference to the Care Council for Wales.

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Commencement Information

I47S. 54 partly in force; s. 54 not in force at Royal Assent see s. 122; s. 54(1)(3)(7) in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; s. 54(6) in force for E. for certain purposes at 10.4.2001 by S.I. 2001/1536, arts. 1(3), 2(1); s. 54(1)(a)(4)(5)(6)(7)(a) in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(i)(ii); s. 54(2) in force for E. at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(a)

55 Interpretation.E+W

(1)This section has effect for the purposes of this Part.

(2)Social care worker” means a person (other than a person excepted by regulations) who—

(a)engages in relevant social work (referred to in this Part as a “social worker”);

(b)is employed at a children’s home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency [F127, a voluntary adoption agency or an adoption support agency];

(c)manages [F128a home, centre or agency of a kind] mentioned in paragraph (b); or

(d)is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3)Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a)a person engaged in work for the purposes of a local authority’s social services functions, or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;

(b)a person engaged in the provision of personal care for any person;

(c)a person who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;

(d)a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children’s homes etc.);

(e)staff of F129. . . [F130, the Office for Standards in Education, Children's Services and Skills] or the [F131Welsh Assembly Government] who—

(i)inspect premises under section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges) or [F132section 31 of this Act [F133, section 88] or 98 of the Health and Social Care (Community Health and Standards) Act 2003][F134or section 139 of the Education and Inspections Act 2006]; or

(ii)are responsible for persons who do so;

and staff of the [F131Welsh Assembly Government] who inspect premises under [F135section 40 of the Children and Families (Wales) Measure 2010] or are responsible for persons who do so;

[F136(ea)staff of the Care Quality Commission who inspect premises under Part 1 of the Health and Social Care Act 2008 used for or in connection with the provision of social care (within the meaning of that Part) or who are responsible for persons who do so;]

(f)a person employed in a day centre;

(g)a person participating in a course approved by a Council under section 63 for persons wishing to become social workers.

(4)Relevant social work” means social work which is required in connection with any health, education or social services provided by any person.

(5)Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).

[F137(6)The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781).

(7)Relevant European State” means an EEA State or Switzerland.

(8)Exempt person” means—

(a)a national of a relevant European State other than the United Kingdom,

(b)a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable [F138EU] right, or

(c)a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F138EU] right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;

and in this subsection, “national”, in relation to a relevant European State, means the same as in [F138EU] Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from [F138EU] provisions relating to the free movement of persons and services.]

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Amendments (Textual)

F127Words in s. 55(2)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 115 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 3}

F128Words in s. 55(2)(c) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 29(2); S.I. 2009/462, art. 2, Sch. 1 para. 35

F129Words in s. 55(2)(e) repealed (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b)(3), Sch. 5 para. 29(3)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

F131Words in s. 55(3)(e) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75(3), Sch. 1 para. 14(a); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2)

F132Words in s. 55(3)(e) substituted (20.11.2003 for certain purposes and 1.4.2004 for E. otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 28(b); S.I. 2004/759, art. 4(2)

F135Words in s. 55(3)(e) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 14(b); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2)

F136S. 55(3)(ea) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 29(3)(b); S.I. 2009/462, art. 2, Sch. 1 para. 35

Commencement Information

I48S. 55 partly in force; s. 55 not in force at Royal Assent see s. 122; s. 55 in force for W. at 1.4.2001 by S.I. 2000/2992, art. 2(2), Sch. 2; s. 55 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(b); s. 55 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(d); s. 55(1)(2)(a)(4) in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2; s. 55(3)(g) in force for E. for certain purposes at 1.3.2004 by S.I. 2004/484, art. 2

RegistrationE+W

56 The register.E+W

(1)Each Council shall maintain a register of—

(a)social workers; F139. . .

(b)social care workers of any other description specified by the appropriate Minister by order[F140; and

(c)visiting social workers from relevant European States.]

[F141(2)There shall be a separate part of the register—

(a)for social workers;

(b)for each description of social care workers specified pursuant to subsection (1)(b); and

(c)for visiting social workers from relevant European States.

(2A)For the purposes of this Part—

(a)the part mentioned in subsection (2)(a) is the “principal part” of the register;

(b)a part mentioned in subsection (2)(b) is an “added part” of the register;

(c)the part mentioned in subsection (2)(c) is the “visiting European part” of the register.]

(3)The appropriate Minister may by order provide for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.

(4)The appropriate Minister shall consult the Council before making, varying or revoking any order under this section.

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Amendments (Textual)

Commencement Information

I49S. 56 partly in force; s. 56 not in force at Royal Assent see s. 122; s. 56 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 56 (1)(a) in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 56 in force for W. so far as not already in force at 1.6.2003 by S.I. 2003/501, art. 2(4); s. 56 in force for E. for cetain purposes at 1.3.2004 by S.I. 2004/484, art. 2

57 Applications for registration.E+W

(1)An application for registration [F142in the principal part, or an added part, of the register maintained by a Council] shall be made to the Council in accordance with rules made by it.

(2)An application under subsection (1) shall specify each part of the register in which registration is sought and such other matters as may be required by the rules.

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Amendments (Textual)

Commencement Information

I50S. 57 partly in force; s. 57 not in force at Royal Assent see s. 122; s. 57 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 57 in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2(1); s. 57 otherwise in force for W. at 1.4.2003 by S.I. 2003/501, art. 2(2)

58 Grant or refusal of registration.E+W

(1)[F143In the case of an application under section 57(1), if the Council] is satisfied that the applicant—

(a)is of good character;

(b)is physically and mentally fit to perform the whole or part of the work of persons registered in any part of the register to which his application relates; and

(c)satisfies the following conditions,

it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.

(2)The first condition is that—

(a)in the case of an applicant for registration as a social worker—

(i)he has successfully completed a course approved by the Council under section 63 for persons wishing to become social workers;

(ii)he satisfies the requirements of section 64; or

(iii)he satisfies any requirements as to training which the Council may by rules impose in relation to social workers;

(b)in the case of an applicant for registration as a social care worker of any other description, he satisfies any requirements as to training which the Council may by rules impose in relation to social care workers of that description.

(3)The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.

[F144(4)For the purposes of subsection (1)(a), in considering whether a person is of good character, the Council may have regard to whether he is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).]

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Amendments (Textual)

Commencement Information

I51S. 58 partly in force; s. 58 not in force at Royal Assent see s. 122; s. 58 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 58 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 58 otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

[F14558AVisiting social workers from relevant European StatesE+W

(1)This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom.

(2)Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker).

(3)V is entitled to be registered in the visiting European part of the register maintained by a Council; and the Council shall give effect to the entitlement.

(4)If V is entitled under subsection (3) to be registered in the visiting European part of a register but is not registered in that part, V shall be treated as being registered in that part.

(5)V's entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis.

(6)If—

(a)V's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b)V is registered in the visiting European part of the register maintained by a Council,

that Council may remove V from that part.

(7)Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by a Council, of rules under section 59.]

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Amendments (Textual)

59 Removal etc. from register.E+W

(1)Each Council shall by rules determine circumstances in which, and the means by which—

(a)a person may be removed from a part of the register, whether or not for a specified period;

(b)a person who has been removed from a part of the register may be restored to that part;

(c)a person’s registration in a part of the register may be suspended for a specified period;

(d)the suspension of a person’s registration in a part of the register may be terminated;

(e)an entry in a part of the register may be removed, altered or restored.

(2)The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.

(3)The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.

(4)Where a person’s registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.

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Commencement Information

I52S. 59 partly in force; s. 59 not in force at Royal Assent see s. 122; s. 59 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 59 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 59 in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2(2); s. 59 otherwise in force for W. at 1.4.2003 by S.I. 2003/501, art. 2(4)

60 Rules about registration.E+W

A Council may by rules make provision about the registration of persons under this Part and, in particular—

(a)as to the keeping of the register;

(b)as to the documentary and other evidence to be produced by those applying [F146under section 57(1) for registration or applying] for additional qualifications to be recorded, or for any entry in the register to be altered or restored;

(c)for a person’s registration to remain effective without limitation of time (subject to removal from the register [F147under section 58A(6) or] in accordance with rules made by virtue of section 59) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.

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Amendments (Textual)

Commencement Information

I53S. 60 partly in force; s. 60 not in force at Royal Assent see s. 122; s. 60 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 60 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 60(b) in force for W. for certain purposes at 1.4.2003 and otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(2)(4); s. 60 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2)

61 Use of title “social worker” etc.E+W

(1)If a person who is not registered as a social worker in any relevant register [F148, and is not registered as a visiting social worker from a relevant European State in any relevant register,] with intent to deceive another—

(a)takes or uses the title of social worker;

(b)takes or uses any title or description implying that he is [F149registered in either of those ways], or in any way holds himself out as so registered,

he is guilty of an offence.

(2)For the purposes of subsection (1), a register is a relevant register if it is—

(a)maintained by a Council; or

(b)a prescribed register maintained under a provision of the law of Scotland or Northern Ireland which appears to the appropriate Minister to correspond to the provisions of this Part.

(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Amendments (Textual)

Commencement Information

I54S. 61 wholly in force at 1.4.2005; s. 61 not in force at Royal Assent see s. 122; s. 61 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 61(2)(b) in force for certain purposes at 1.3.2005 and s. 61 in force so far as not already in force at 1.4.2005 by S.I. 2005/375, art. 2

Codes of practiceE+W

62 Codes of practice.E+W

(1)Each Council shall prepare and from time to time publish codes of practice laying down—

(a)standards of conduct and practice expected of social care workers; and

(b)standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them.

[F150(1A)The codes may also lay down standards of conduct and practice expected of social workers when carrying out the functions of an approved mental health professional (as defined in section 114 of the Mental Health Act 1983).]

(2)The Council shall—

(a)keep the codes under review; and

(b)vary their provisions whenever it considers it appropriate to do so.

(3)Before issuing or varying a code, a Council shall consult any persons it considers appropriate to consult.

(4)A code published by a Council shall be taken into account—

(a)by the Council in making a decision under this Part; and

(b)in any proceedings on an appeal against such a decision.

(5)Local authorities making any decision about the conduct of any social care workers employed by them shall, if directed to do so by the appropriate Minister, take into account any code published by the Council.

(6)Any person who asks a Council for a copy of a code shall be entitled to have one.

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Amendments (Textual)

Commencement Information

I55S. 62 partly in force; s. 62 not in force at Royal Assent see s. 122; s. 62 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 62 in force for W. for certain purposes at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 62 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(b)(i); s. 62 otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

TrainingE+W

63 Approval of courses etc.E+W

(1)Each Council may, in accordance with rules made by it, approve courses in relevant social work for persons who are or wish to become social workers.

(2)An approval given under this section may be either unconditional or subject to such conditions as the Council thinks fit.

(3)Rules made by virtue of this section may in particular make provision—

(a)about the content of, and methods of completing, courses;

(b)as to the provision to the Council of information about courses;

(c)as to the persons who may participate in courses, or in parts of courses specified in the rules;

(d)as to the numbers of persons who may participate in courses;

(e)for the award by the Council of certificates of the successful completion of courses;

(f)about the lapse and renewal of approvals; and

(g)about the withdrawal of approvals.

(4)A Council may—

(a)conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 67; and

(b)carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.

(5)A course for persons who wish to become social workers shall not be approved under this section unless the Council considers that it is such as to enable persons completing it to attain the required standard of proficiency in relevant social work.

(6)In subsection (5) “the required standard of proficiency in relevant social work” means the standard described in rules made by the Council.

(7)The Council shall from time to time publish a list of the courses which are approved under this section.

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Modifications etc. (not altering text)

C33S. 63(2)-(4)(a)(7) applied (1.10.2007) by 1983 c. 20, s. 114A(2) (as inserted by Mental Health Act 2007 (c. 12), ss. 19, 56; S.I. 2007/2798, art. 2)

Commencement Information

I56S. 63 partly in force; s. 63 not in force at Royal Assent see s. 122; s. 63 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 63 in force for W. at 31.7.2001 by S.I. 2001/2538, art. 2(1)(3)(a); s. 63 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(b)(ii)

64 Qualifications gained outside a Council’s area.E+W

[F151(A1)An applicant for registration in the principal part of the register maintained by a Council satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).]

(1)An applicant for registration [F152in the principal part of] the register maintained by the English Council satisfies the requirements of this section if—

(a)F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he has, elsewhere than in England, undergone training in relevant social work and either—

(i)that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii)it is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require.

(2)An applicant for registration [F152 in the principal part of] the register maintained by the Welsh Council satisfies the requirements of this section if—

(a)F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he has, elsewhere than in Wales, undergone training in relevant social work and either—

(i)that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii)it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.

(3)F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I57S. 64 partly in force; s. 64 not in force at Royal Assent see s. 122; s. 64(2)-(4) in force for W. for a certain purpose at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 64(1)(b) in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 64(2)-(5) otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

65 Post registration training.E+W

(1)A Council may make rules requiring persons registered under this Part in any part of the register to undertake further training.

(2)The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by the Council, including provision for their registration to cease to have effect.

[F155(2A)Subsections (1) and (2), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European part of the register, have effect subject to, respectively, subsections (2B) and (2C).

(2B)Rules made under subsection (1)—

(a)may not impose requirements on P if P is required to undertake, in P's home State, further training in relation to the profession of social worker; and

(b)where they impose requirements on P—

(i)shall take account of the fact that P is a fully qualified social worker in P's home State, and

(ii)shall specify that training which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(2C)Where rules make provision such as is mentioned in subsection (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P's continued lawful establishment as a social worker in P's home State.

(2D)In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a social worker.]

(3)Before making, or varying, any rules by virtue of this section the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.

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Amendments (Textual)

Commencement Information

I58S. 65 partly in force; s. 65 not in force at Royal Assent see s. 122; s. 65 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 65 in force for W. for a certain purpose at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(1); s. 65 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 65 otherwise in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

66 Visitors for certain social work courses.E+W

(1)A Council may by rules make provision for the visiting of places at which or institutions by which or under whose direction—

(a)any relevant course (or part of such a course) is, or is proposed to be, given; or

(b)any examination is, or is proposed to be, held in connection with any relevant course.

(2)The rules may make provision—

(a)for the appointment of visitors;

(b)for reports to be made by visitors on—

(i)the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at the place or by the institution visited; and

(ii)such other matters as may be specified in the rules;

(c)for the payment by the Council of fees, allowances and expenses to persons appointed as visitors;

(d)for such persons to be treated, for the purposes of Schedule 1, as members of the Council’s staff.

(3)In subsection (1) “relevant course”, in relation to a Council, means—

(a)any course for which approval by the Council has been given, or is being sought, under section 63; or

(b)any training which a person admitted to the [F156principal part] of the register maintained by the Council may be required to undergo after registration.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I59S. 66 partly in force; s. 66 not in force at Royal Assent see s. 122; s. 66 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 66 in force for W. at 31.7.2001 by S.I. 2001/2538, art. 2(1)(3)(b); s. 66 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(b)(iii)

67 Functions of the appropriate Minister.E+W

(1)The appropriate Minister has the function of—

(a)ascertaining what training is required by persons who are or wish to become social care workers;

(b)ascertaining what financial and other assistance is required for promoting such training;

(c)encouraging the provision of such assistance;

(d)drawing up occupational standards for social care workers.

(2)The appropriate Minister shall encourage persons to take part in courses approved by a Council under section 63 and other courses relevant to the training of persons who are or wish to become social care workers.

(3)If it appears to the appropriate Minister that adequate provision is not being made for training persons who are or wish to become social care workers, the appropriate Minister may provide, or secure the provision of, courses for that purpose.

(4)The appropriate Minister may, upon such terms and subject to such conditions as the Minister considers appropriate—

(a)make grants, and pay travelling and other allowances, to persons resident in England and Wales, in order to secure their training in the work of social care workers;

(b)make grants to organisations providing training in the work of social care workers.

(5)Any functions of the Secretary of State under this section—

(a)may be delegated by him to the English Council; or

(b)may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.

(6)Any functions of the Assembly under this section—

(a)may be delegated by the Assembly to the Welsh Council; or

(b)may be exercised by any person, or by employees of any person, authorised to do so by the Assembly.

(7)For the purpose of determining—

(a)the terms and effect of an authorisation under subsection (5)(b) or (6)(b); and

(b)the effect of so much of any contract made between the appropriate Minister and the authorised person as relates to the exercise of the function,

Part II of the M11Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b) “employee” has the same meaning as in that Part.

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Commencement Information

I60S. 67 partly in force; s. 67 not in force at Royal Assent see s. 122; s. 67 in force for W. at 1.10.2001 by S.I. 2001/2538, art. 2(2)(4)(a); s. 67(1)-(4)(7) in force for E. for certain purposes and s. 67(5) in force for E. at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(c)

Marginal Citations

[F15767AExercise by Special Health Authority of functions under s. 67(4)(a)E+W

(1)The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions.

(2)If the Secretary of State gives a direction under subsection (1), the National Health Service Act 2006 shall have effect as if—

(a)the direction were a direction of the Secretary of State under section 7 of that Act, and

(b)the functions were exercisable by the Special Health Authority under section 7.

(3)Directions under subsection (1)—

(a)shall be given by an instrument in writing, and

(b)may be varied or revoked by subsequent directions.]

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Amendments (Textual)

Miscellaneous and supplementalE+W+S+N.I.

68 Appeals to the Tribunal.E+W

(1)An appeal against a decision of a Council under this Part in respect of registration shall lie to the Tribunal.

[F158(1A)An appeal shall lie to the Tribunal against a decision of a Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.]

(2)On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect.

(3)The Tribunal shall also have power on an appeal against a decision—

(a)to vary any condition for the time being in force in respect of the person to whom the appeal relates;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of that person.

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Amendments (Textual)

Commencement Information

I61S. 68 partly in force; s. 68 not in force at Royal Assent see s. 122; s. 68 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 68 in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

69 Publication etc. of register.E+W

(1)A Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.

(2)Any person who asks the Council for a copy of, or of an extract from, the register shall be entitled to have one.

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Commencement Information

I62S. 69 partly in force; s. 69 not in force at Royal Assent see s. 122; s. 69 in force for E. for certain purposes at 1.4.2003 by S.I. 2003/933, art. 2(2); s. 69 in force for W. at 1.6.2003 by S.I. 2003/501, art. 2(4)

70 Abolition of Central Council for Education and Training in Social Work.E+W+S+N.I.

(1)The Central Council for Education and Training in Social Work (referred to in this Act as “CCETSW”) shall cease to exercise in relation to England and Wales the functions conferred on it by or under section 10 of the M12Health and Social Services and Social Security Adjudications Act 1983.

(2)Her Majesty may by Order in Council make a scheme under subsection (3), or make any provision under subsection (4), which She considers necessary or expedient in consequence of the functions of CCETSW referred to in subsection (1) ceasing, by virtue of that subsection, an Act of the Scottish Parliament or an Act of the Northern Ireland Assembly, to be exercisable in relation to any part of the United Kingdom.

(3)A scheme may provide—

(a)for the transfer to the new employer of any eligible employee;

(b)for the transfer to any person of any property belonging to CCETSW;

(c)for any person to have such rights and interests in relation to any property belonging to CCETSW as Her Majesty considers appropriate (whether in connection with a transfer or otherwise);

(d)for the transfer to any person of any liabilities of CCETSW.

(4)The Order in Council may make—

(a)any supplementary, incidental or consequential provision;

(b)any transitory, transitional or saving provision,

including provision amending Schedule 3 to that Act or repealing that Schedule, section 10 of that Act and any reference in any enactment to CCETSW.

(5)In this section—

  • eligible employee” means a person who is employed under a contract of employment with the old employer;

  • new employer” means—

    (a)

    in relation to England or Wales, the Council;

    (b)

    in relation to Scotland or Northern Ireland, any body established under a provision of the law of Scotland or (as the case may be) Northern Ireland which appears to Her Majesty to perform functions corresponding to those of a Council;

  • old employer” means CCETSW;

  • property” includes rights and interests of any description.

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Commencement Information

I63S. 70 wholly in force at 1.4.2002; s. 70(2)-(5) in force at Royal Assent see s. 122; s. 70(1) in force for W. at 1.10.2001 by S.I. 2001/2538, art. 2(2)(4)(b); s. 70(1) in force for E. at 1.4.2002 by S.I. 2002/1245, arts. 1(3), 2(2)

Marginal Citations

71 Rules.E+W

(1)Any power of a Council to make rules under this Part may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b)so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(2)Rules made by a Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council’s functions [F159, but subject to subsection (3A)].

(3)In particular, the rules may make provision for the payment of such fees in connection with—

(a)registration (including applications for registration or for amendment of the register [F160, but subject to subsection (3A)]);

(b)the approval of courses under section 63;

(c)the provision of training;

(d)the provision of copies of codes of practice or copies of, or extracts from, the register,

including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify.

[F161(3A)Rules made by a Council under this Part may not make provision for the payment of fees in connection with registration in the visiting European part of the register.]

(4)No rules shall be made by a Council under this Part without the consent of the appropriate Minister.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I64S. 71 partly in force; s. 71 not in force at Royal Assent see s. 122; s. 71 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(iii); s. 71 in force for W. for certain purposes at 31.7.2001 by S.I. 2001/2538, art. 2(1)(3)(c); s. 71 in force for E. for certain purposes at 25.3.2002 by S.I. 2002/1245, arts. 1(3), 2(1)(b)(iv); s. 71 in force for W. in so far as not already in force at 30.4.2002 by S.I. 2002/1175, arts. 1(3), 2(2)

Part VE+W The Children’s Commissioner for Wales

72 Children’s Commissioner for Wales.E+W

(1)There shall be an office of the Children’s Commissioner for Wales or Comisiynydd Plant Cymru.

(2)Schedule 2 shall have effect with respect to the Children’s Commissioner for Wales (referred to in this Act as “the Commissioner”).

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Commencement Information

I65S. 72 in force for W. at 13.11.2000 by S.I. 2000/2992, art. 2(1), Sch. 1

[F16272A Principal aim of the CommissionerE+W

The principal aim of the Commissioner in exercising his functions is to safeguard and promote the rights and welfare of children to whom this Part applies.]

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Amendments (Textual)

F162S. 72A inserted (26.8.2001 for W.) by 2001 c. 18, s. 2; S.I. 2001/2783, art. 2(2)(b)

Commencement Information

I66S. 72A in force for W. at 26.8.2001 by S.I. 2001/2782, art. 2(1)(2)(a)

[F16472B Review of exercise of functions of [F163Welsh Ministers] and other personsE+W

(1)The Commissioner may review the effect on children to whom this Part applies of—

(a)the exercise or proposed exercise of any function of the [F165Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], including the making or proposed making of any subordinate legislation; or

(b)the exercise or proposed exercise in relation to Wales of any function of any person mentioned in Schedule 2A.

(2)The [F166Welsh Ministers] may by order amend this section or Schedule 2A by—

(a)adding any person to that Schedule;

(b)omitting any person from that Schedule;

(c)altering the description of any person mentioned in that Schedule; or

(d)making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, a function of the person which although exercisable in relation to Wales is not to be treated as such for the purposes of subsection (1)(b).

(3)An order under subsection (2) may add a person to Schedule 2A only if—

(a)some or all of the person’s functions are in a field in which [F167functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government];

(b)the person is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the [F168Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Assembly Government]; and

(c)(unless consent is given by the Secretary of State under subsection (4)), at least half of the person’s expenditure on the exercise of functions in relation to Wales (or, where the person’s functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the [F169Welsh Ministers].

(4)An order under subsection (2) may add to Schedule 2A a person who does not satisfy the condition in subsection (3)(c) if the Secretary of State gives consent.

(5)An order under subsection (2) must not add to Schedule 2A a person whose sole or main activity is—

(a)the investigation of complaints by members of the public about the actions of any person; or

(b)the supervision or review of, or of steps taken following, such an investigation.

(6)The [F170Welsh Ministers] may not make an order under subsection (2) if the result would be that the Commissioner could review the effect of the exercise or proposed exercise of a person’s function in a field in which [F171no functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government].

(7)In subsection (1)(a) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).]

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Amendments (Textual)

F163S. 72B: words in heading substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(2), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F164S. 72B inserted (26.8.2001 for W.) by 2001 c. 18, s. 3(1); S.I. 2001/2783, art. 2(2)(c)

F165Words in s. 72B(1)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(3), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F166Words in s. 72B(2) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(4), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F167Words in s. 72B(3)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(5), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F168Words in s. 72B(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(6), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F169Words in s. 72B(3)(c) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(7), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F170Words in s. 72B(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(8)(a), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F171Words in s. 72B(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 70(8)(b), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

Commencement Information

I67S. 72B in force for W. at 26.8.2001 by S.I. 2001/2782, art. 2(1)(2)(b)

73 Review and monitoring of arrangements.E+W

(1)The Commissioner may review, and monitor the operation of, arrangements falling within subsection (2), [F172(2A), (2B), (2C),] (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children [F173

(a)to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(b)to or in respect of whom regulated children’s services in Wales are provided.]

[F174(1A)The Commissioner may also assess the effect on such children of the failure of any person to make such arrangements.]

(2)The arrangements falling within this subsection are the arrangements made by the providers of regulated children’s services in Wales, or by the [F175Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], for dealing with complaints or representations [F176about such services made by or on behalf of children to whom such services are provided].

[F177(2A)The arrangements falling within this subsection are the arrangements made by a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about services provided in Wales by the person to or in respect of the child.

(2B)The arrangements falling within this subsection are the arrangements made by a person providing services in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about a service which is so provided to or in respect of the child.

(2C)The arrangements falling within this subsection are the arrangements made by the [F175Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government] for dealing with complaints or representations made by or on behalf of a child about a service which is provided in Wales to or in respect of the child by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B (other than the [F175Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government]).]

(3)The arrangements falling within this subsection are arrangements made by the providers of regulated children’s services in Wales, [F178by the [F175Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], or by another person mentioned in Schedule 2B or subsection (2B)], for ensuring that proper action is taken in response to any disclosure of information which may tend to show—

(a)that a criminal offence has been committed;

(b)that a person has failed to comply with any legal obligation to which he is subject;

(c)that the health and safety of any person has been endangered; or

(d)that information tending to show that any matter falling within one of the preceding paragraphs has been deliberately concealed,

in the course of or in connection with the provision of [F179the services mentioned in subsection (3A).].

[F180(3A)The services are—

(a)in the case of a person mentioned in Schedule 2B, services provided in Wales by the person to or in respect of a child;

(b)in the case of a person mentioned in subsection (2B), services provided in Wales by the person to or in respect of a child on behalf of, or under arrangements with, a person mentioned in Schedule 2B;

(c)in the case of a provider of regulated children’s services in Wales, those services.]

(4)The arrangements falling within this subsection are arrangements made (whether by providers of regulated children’s services in Wales, by the [F175Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government] or by any other person) for making persons available—

(a)to represent the views and wishes of children [F181

(i)to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(ii)to or in respect of whom regulated children’s services in Wales are provided]; or

(b)to provide such children with advice and support of any prescribed kind.

(5)Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.

[F182(5A)The [F183Welsh Ministers] may by order amend this section or Schedule 2B by—

(a)adding any person to that Schedule;

(b)omitting any person from that Schedule;

(c)altering the description of any person mentioned in that Schedule; or

(d)making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, services which although provided by the person in Wales are not to be treated as such for the purposes of the exercise of the Commissioner’s functions.

(5B)An order under subsection (5A) may add a person to Schedule 2B only if—

(a)the person provides services in Wales to or in respect of children;

(b)some or all of the person’s functions are in a field in which [F184functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government];

(c)the person is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the [F185Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Assembly Government]; and

(d)(unless consent is given by the Secretary of State under subsection (5C)), at least half of the person’s expenditure on the exercise of functions in relation to Wales (or, where the person’s functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the [F186Welsh Ministers].

(5C)An order may add to Schedule 2B a person who does not satisfy the condition in subsection (5B)(d) if the Secretary of State gives consent.

(5D)An order under subsection (5A) must not add to Schedule 2B a person whose sole or main activity is—

(a)the investigation of complaints by members of the public about the actions of any person; or

(b)the supervision or review of, or of steps taken following, such an investigation.

(5E)The [F187Welsh Ministers] may not make an order under subsection (5A) if the result would be that the Commissioner could exercise functions in relation to a person’s functions in a field in which [F188no functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government].]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F172Words in s. 73(1) inserted (26.8.2001 for W.) by 2001 c. 18, s. 4(2)(a); S.I. 2001/2783, art. 2(2)(d)

F173Words in s. 73(1) substituted (26.8.2001 for W.) by 2001 c. 18, s. 4(2)(b); S.I. 2001/2783, art. 2(2)(d)

F174S. 73(1A) inserted (26.8.2001 for W.) by 2001 c. 18, s. 4(3); S.I. 2001/2783, art. 2(2)(d)

F175Words in s. 73(2)(2C)(3)(4) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 71(2), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F176Words in s. 73(2) substituted (26.8.2001 for W.) by 2001 c. 18, s. 4(4); S.I. 2001/2783, art. 2(2)(d)

F178Words in s. 73(3) substituted (26.8.2001 for W.) by 2001 c. 18, s. 4(6)(a); S.I. 2001/2783, art. 2(2)(d)

F179Words in s. 73(3) substituted (26.8.2001 for W.) by 2001 c. 18, s. 4(6)(b); S.I. 2001/2783, art. 2(2)(d)

F180S. 73(3A) inserted (26.8.2001 for W.) by 2001 c. 18, s. 4(7); S.I. 2001/2783, art. 2(2)(d)

F181Words in s. 73(4) substituted (26.8.2001 for W.) by 2001 c. 18, s. 4(8); S.I. 2001/2783, art. 2(2)(d)

F183Words in s. 73(5A) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 71(3), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F184Words in s. 73(5B)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 71(4)(a), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F185Words in s. 73(5B)(c) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 71(4)(b), the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

F186Words in