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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.]

F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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—

[F14(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 [F15in any other case] is the National Assembly for Wales (referred to in this Act as “the Assembly”).

[F16(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. F17...

F17(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F18(2)This section is subject to section 36A.]

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Amendments (Textual)

F17S. 5(1A)(f) and preceding word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 93(2)(a)(i), 115(7); S.I. 2015/994, art. 6(q)

F18S. 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)

[F195AGeneral duties of Commission for Healthcare Audit and InspectionE+W

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

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Amendments (Textual)

F19S. 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)

[F215BGeneral duties of Commission for Social Care InspectionE+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F21S. 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

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7 General duties of the Commission.E+W

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

[F25(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.

[F26(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.

[F27(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

[F28(b)any other functions exercisable by the Assembly corresponding to functions exercisable—

(i)by [F29the Care Quality Commission] in relation to England; or

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

[F30[F31(7)]In this section, “Part II services” means services of the kind provided by persons registered under Part II F32. . . ]

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Amendments (Textual)

F26S. 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

F29Words 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

F30S. 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)

F31S. 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

F32Words 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

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

10 Inquiries.E+W

(1)F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)

C6Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C7Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

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

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F37references in [F38subsection (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 F39. . . [F40the 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)

F36S. 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)

F37Words 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)

F38Words 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)

F39Words 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)

C13S. 11(1)(5)(6) excluded (W.) (temp.) (1.4.2003) by S.I. 2003/237, reg. 52(2)(3) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))

C15S. 11(1) excluded (temp.) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 40(3)

C17S. 11(5) excluded (temp.) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 40(3)

C18S. 11(6) excluded (temp.) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 40(3)

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 [F41a fee of [F42the 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)

F41Words 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)

F42Words 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)

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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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Modifications etc. (not altering text)

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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;

[F43(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;

[F44(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];

[F45(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)

F43S. 14(1)(ca) inserted (1.4.2010 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 26(1), 44; S.I. 2009/3354, art. 3(2)

F44S. 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}

F45S. 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)

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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

[F4614ASuspension of registrationE+W

(1)The [F47registration authority] may at any time suspend for a specified period the registration of a person in respect of an establishment or agency F48....

(2)Except where the [F49registration authority gives ] 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)

F46S. 14A inserted (1.4.2009 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. 13; S.I. 2009/462, art. 2, Sch. 1 para. 35; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F47Words in s. 14A(1) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(1)(a), 139(4)

F48Words in s. 14A(1) omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 102(1)(b), 139(4)

F49Words in s. 14A(2) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(2), 139(4)

Modifications etc. (not altering text)

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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[F50; 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) [F51or (c)] of that subsection, shall be accompanied by[F52 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.

[F53(4A)If the [F54registration authority decides ] to grant an application under subsection (1)(c), [F55it] must serve notice in writing of [F56its] decision on the applicant (stating, where applicable, the period as varied).]

[F57(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)

F50S. 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

F51Word 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

F52Words 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

F53S. 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

F54Words in s. 15(4A) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(3)(a), 139(4)

F55Word in s. 15(4A) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(3)(b), 139(4)

F56Word in s. 15(4A) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(3)(c), 139(4)

F57S. 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)

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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 F58. . . which is an unincorporated body.

[F59(3)Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed,[F60 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)

F59S. 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)

F60Words 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)

C9Pt. 2 applied (with modifications) (W.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

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 [F61or 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));

[F62(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) [F63or (c)].

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

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Amendments (Textual)

Modifications etc. (not altering text)

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; F64. . .

[F65(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)

Modifications etc. (not altering text)

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[F66 Urgent procedure for cancellation, variation etc: England]E+W

(1)If[F67 in respect of an establishment or agency for which the CIECSS is the registration authority]

(a)[F68the CIECSS] applies to a justice of the peace for an order—

(i)cancelling the registration of a person in respect of [F69the] 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, [F70the 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, [F71the 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.

[F72(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

[F7320AUrgent 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 etcF74...E+W

(1)Subsection (2) applies where—

(a)a person is registered under this Part in respect of an establishment or agency F75..., and

(b)the [F76registration authority has ] reasonable cause to believe that unless [F77 it acts] under this section any person will or may be exposed to the risk of harm.

(2)Where this subsection applies, the [F78registration authority ] 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 [F78registration authority] 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 [F79registration authority's] 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)

F74Word in s. 20B heading omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 102(4), 139(4)

F75Words in s. 20B(1)(a) omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 102(5)(a), 139(4)

F76Words in s. 20B(1)(b) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(5)(b)(i), 139(4)

F77Words in s. 20B(1)(b) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(5)(b)(ii), 139(4)

F78Words in s. 20B(2) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(6), 139(4)

F79Words in s. 20B(4)(b) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(7), 139(4)

21 Appeals to the Tribunal.E+W

(1)An appeal against—

(a)a decision of the registration authority under this Part; F80. . .

(b)an order made by a justice of the peace under section 20 [F81or 20A][F82; 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.

[F83(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 [F84, 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.

[F85(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.]

[F86(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 F87. . . —

(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; F88. . .

(c)to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency[F89; or

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

[F90(6)Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).]

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Amendments (Textual)

F80Word 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)

F82S. 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

F83S. 21(2A) inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(3), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

F86S. 21(4A)-(4C) inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(4), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

F87Words in s. 21(5) repealed (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(5), 42, 44, Sch. 4; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2; S.I. 2011/949, art. 3(1)(d)

Modifications etc. (not altering text)

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 [F91

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

(b)regulations made by the Welsh Ministers may in particular make any provision such as is mentioned in subsection (2), (7) or (8).]

[F92(1A)Regulations made by the Secretary of State may prescribe objectives and standards which must be met in relation to an establishment or agency for which the CIECSS is the registration authority.]

(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;

[F93(e)make provision for securing the welfare of children placed, under section 22C of the 1989 Act or section 81 of the Social Services and Well-being (Wales) Act 2014, 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 [F94, in respect of any notification required to be made by virtue of paragraph (h), of[F95 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.

[F96(m)make provision requiring a person who carries on or manages a care home in Wales to make arrangements to bring to the attention of persons accommodated in the home the advocacy services which are available to those persons by virtue of regulations made under section 181 of the Social Services and Well-being (Wales) Act 2014.]

(8)Regulations may make provision—

(a)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)imposing other requirements (in addition to those imposed by section 25 of the 1989 Act [F98and section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty)] (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose [F99of 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 [F100or adoption support agencies].

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

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Amendments (Textual)

F91S. 22(1)(a)(b) substituted (13.5.2014) for words by Children and Families Act 2014 (c. 6), ss. 103(1), 139(4)

F92S. 22(1A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 103(2), 139(4)

F94Words 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)

F95Words 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)

F99Words in s. 22(8)(b) substituted (1.4.2006 for W. and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 107(2)(b), 199; S.I. 2005/3285, art. 2

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)

[F10122APower 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)

F101S. 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)

Modifications etc. (not altering text)

[F10222BNotice 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)

F102S. 22B inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 27, 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

Modifications etc. (not altering text)

23 National minimum standards.E+W

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

[F103(1A)The standards applicable to an establishment or agency for which the CIECSS is the registration authority may, in particular, explain or supplement requirements imposed in relation to that establishment or agency by regulations under section 22.]

(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;

[F104(ba)by the registration authority in considering whether to serve a notice under section 22B;]

(c)in any proceedings on an appeal [F105under section 21]; and

(d)in any proceedings for an offence under regulations under this Part [F106or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or [F107against 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)

F103S. 23(1A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 104, 139(4)

F104S. 23(4)(ba) inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(6)(a), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2

F105Words 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

F106Words 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

F107Words 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)

Modifications etc. (not altering text)

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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Modifications etc. (not altering text)

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

[F10824AOffences 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)

Modifications etc. (not altering text)

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.

[F109(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)

Modifications etc. (not altering text)

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

[F110(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 [F111the 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.

[F112(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)

F110S. 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)

F111Words 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

F112S. 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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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.

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

[F113Penalty noticesE+W

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Amendments (Textual)

F113Ss. 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.

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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.

Modifications etc. (not altering text)

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 [F114or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences] .

(3)In this section—

  • penalty” means a penalty under a penalty notice;

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

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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)

Modifications etc. (not altering text)

Miscellaneous and supplementalE+W

[F11530ANotification 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,

[F116(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, F117. . .

(c)has served a notice on P under section 22B,[F118 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;

F119(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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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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)

F115S. 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

F116S. 30A(2)(aa)(ab) 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(2); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F117Word 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)

F118S. 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)

F119S. 30A(6)(f) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 93(2)(a)(ii), 115(7); S.I. 2015/994, art. 6(q)

Modifications etc. (not altering text)

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.

[F120(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;

[F121(b)inspect and take copies of any documents or records (including medical and other personal records) required to be kept in accordance with regulations under this Part, section 9 of the Adoption and Children Act 2002, section 22C or 59(2) of the 1989 Act, section 1(3) of the Adoption (Intercountry Aspects) Act 1999 or section 81 of the Social Services and Well-being (Wales) Act 2014;]

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

(d)interview in private any person [F122working] 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 F123. . . .

The [F124power] 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 [F125require 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)

F124Word in s. 31(6) substituted (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. 23(a); S.I. 2004/759, art. 5(2)(b)

F125Words 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)

C69S. 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

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)F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

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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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.

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

[F12736A 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 [F128the 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) [F128the CIECSS].

(4)But—

(a)where such a function as is mentioned in subsection (3) is exercisable by the [F128the 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 [F128the 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 [F128the 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 [F128the CIECSS] instead of the Assembly, or by the Assembly instead of [F128the 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)

F127S. 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)

C86S. 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 M5Interpretation 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 M6Interpretation 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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Modifications etc. (not altering text)

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 M7Registered 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 M8National Health Service Act 1977; or

(ii)under an agreement made in accordance with Part I of the M9National 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) [F129, (2A)] or (3) applies.

[F130(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) [F131or (2A)].

[F132(5)F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F134(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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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)

F129Words 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)

F130S. 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)

F131Words 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)

F132S. 42(5) 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. 25; S.I. 2004/759, art. 5(2)

F133S. 42(5) 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. 28(5); Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F134S. 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)

C88Pt. 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 [F135the Adoption and Children Act 2002] of making or participating in arrangements for the adoption of children [F136or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002)]; and

[F137(b)“relevant fostering functions” means functions under—

(i)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 of Schedule 2 to that Act,

(ii)section 81 of the Social Services and Well-being (Wales) Act 2014 in connection with placements with local authority foster parents or regulations under section 92(1)(a), (b), (d) or (e) or section 93 of that Act.]

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Amendments (Textual)

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

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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

(1)F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

47 Action following inspection.E+W

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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;

[F143(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)F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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

F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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

F14654The Care Council for WalesE+W

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Amendments (Textual)

F146S. 54 repealed (11.7.2016 for specified purposes, 3.4.2017 in so far as not already in force) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 67(1), 188(1); S.I. 2016/713, art. 2; S.I. 2017/309, art. 2(b) (with arts. 3, 4, Sch.)

55 Interpretation.E+W

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

[F147(2)Social care worker” means a person (other than a person excepted by regulations) who—

(a)engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “social worker”),

(b)is employed at a children's home in England, a care home in England or a residential family centre in England,

(c)manages a home or centre of a kind mentioned in paragraph (b),

(d)is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,

(e)manages an agency of the kind mentioned in paragraph (d), or

(f)is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England 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 in England's social services functions;

(b)a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;

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

(d)a person who 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 to persons in England;

(e)a person who manages an undertaking of the kind mentioned in paragraph (d);

(f)a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);

(g)a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

(i)section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),

(ii)section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or

(iii)section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);

(h)a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);

(i)a person who manages employees mentioned in paragraph (g) or (h);

(j)a person employed in a day centre in England;

(k)a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers.]

[F148(4A)[F149“Social care manager” means a person who falls within the description in subsection (2)(c).]]

(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).

[F150(6)[F151“The General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059).]]

[F152(7)[F151Relevant European State” means an EEA State or Switzerland.]

(8)[F151Exempt 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 [F153, or to engage in work as a social care manager in Wales,] by virtue of an enforceable [F154EU] right, or

(c)a person who is not a national of a relevant European State but who is, by virtue of an enforceable [F154EU] right, entitled to be treated, as regards the right to engage in relevant social work [F155, or the right to engage in work as a social care manager in Wales,] , 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 [F154EU] 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 [F154EU] provisions relating to the free movement of persons and services.]]

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Amendments (Textual)

F149S. 55(4A) omitted by virtue of 2016 anaw 2, Sch. 3 para. 42(b) (as amended (3.4.2017) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 144(3) (with reg. 155))

Commencement Information

I47S. 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

F15656 The register.E+W

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Amendments (Textual)

F15657 Applications for registration.E+W

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Amendments (Textual)

F15658 Grant or refusal of registration.E+W

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Amendments (Textual)

F15658AVisiting social workers from relevant European StatesE+W

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Amendments (Textual)

F15658B.Visiting social care managers from relevant European StatesE+W

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Amendments (Textual)

F15659 Removal etc. from register.E+W

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Amendments (Textual)

F15660 Rules about registration.E+W

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Amendments (Textual)

F15661 Use of title “social worker” etc.E+W

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Amendments (Textual)

Codes of practiceE+W

F15662 Codes of practice.E+W

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Amendments (Textual)

TrainingE+W

F15663 Approval of courses etc.E+W

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Amendments (Textual)

F15664 Qualifications gained outside the Welsh Council's area– social workers E+W

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Amendments (Textual)

F15664A.Qualifications gained outside the Welsh Council’s area – social care managersE+W

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Amendments (Textual)

F15665 Post registration training.E+W

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Amendments (Textual)

F15666 Visitors for certain social work courses.E+W

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Amendments (Textual)

67[F157Functions of the Secretary of State.]E+W

(1)The [F158Secretary of State] 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.

[F159(1A)But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social Work Professions Order 2001.]

[F160(2)The Secretary of State shall encourage persons to take part in—

(a)courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and

(b)other courses relevant to the training of persons who are or wish to become social care workers.]

(3)If it appears to the [F161Secretary of State] that adequate provision is not being made for training persons who are or wish to become social care workers, the [F162Secretary of State] may provide, or secure the provision of, courses for that purpose.

(4)The [F163Secretary of State] may, upon such terms and subject to such conditions as [F164he or she] considers appropriate—

(a)make grants, and pay travelling and other allowances, to persons resident in England F165... 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—

F166(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.

F167(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purpose of determining—

(a)the terms and effect of an authorisation under subsection (5)(b) F168...; and

(b)the effect of so much of any contract made between the [F169Secretary of State] and the authorised person as relates to the exercise of the function,

Part II of the M10Deregulation 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 [F170and in subsection (5)(b)]employee” has the same meaning as in that Part.

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Amendments (Textual)

Commencement Information

I48S. 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

[F17167AExercise 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)

F171S. 67A inserted (28.4.2008) by Health Act 2006 (c. 28), ss. 72 (as amended by 2006 c. 43, s. 2, Sch. 1 para. 287), 83; S.I. 2008/1147, art. 4

Miscellaneous and supplementalE+W+S+N.I.

F17268 Appeals to the Tribunal.E+W

[F172(1)An appeal against a decision of [F173the Welsh Council] under this Part in respect of registration shall lie to the Tribunal.

[F174(1A)An appeal shall lie to the Tribunal against a decision of [F173the Welsh 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.]

[F175(1B)An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social care manager in the United Kingdom.

(1C)An appeal shall lie to the Tribunal against a decision of the Welsh Council under regulation 67 of the General Systems Regulations to send an alert about a person.]

(2)On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect [F176or, in the case of an appeal under subsection (1C), direct that the alert be withdrawn or amended] .

(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)

Modifications etc. (not altering text)

Commencement Information

I49S. 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)

F17269 Publication etc. of register.E+W

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

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Amendments (Textual)

F17770 Abolition of Central Council for Education and Training in Social Work.E+W+S+N.I.

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

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Amendments (Textual)

F17871 Rules.E+W

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

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Amendments (Textual)

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

I50S. 72 in force for W. at 13.11.2000 by S.I. 2000/2992, art. 2(1), Sch. 1

[F17972A 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)

F179S. 72A inserted (26.8.2001 for W.) by 2001 c. 18, s. 2; S.I. 2001/2783, art. 2(2)(b)

Commencement Information

I51S. 72A in force for W. at 26.8.2001 by S.I. 2001/2782, art. 2(1)(2)(a)

[F18172B Review of exercise of functions of [F180Welsh 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 [F182Welsh 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 [F183Welsh 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 [F184functions 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 [F185Welsh 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 [F186Welsh 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 [F187Welsh 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 [F188no 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)

F180S. 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)

F181S. 72B inserted (26.8.2001 for W.) by 2001 c. 18, s. 3(1); S.I. 2001/2783, art. 2(2)(c)

F182Words 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)

F183Words 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)

F184Words 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)

F185Words 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)

F186Words 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)

F187Words in s. 72B(6) substituted by