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  1. Introductory Text

  2. Part I Introductory

    1. Preliminary

      1. 1.Children's homes in England.

      2. 2. Independent hospitals etc.

      3. 3. Care homes in England

      4. 4. Other basic definitions.

    2. Registration authorities

      1. 5. Registration authorities.

      2. 5A.General duties of Commission for Healthcare Audit and Inspection

      3. 5B.General duties of Commission for Social Care Inspection

      4. 6. National Care Standards Commission.

      5. 7. General duties of the Commission.

      6. 8. General functions of the Assembly.

      7. 9. Co-operative working.

      8. 10. Inquiries.

  3. Part II Establishments and agencies

    1. Registration

      1. 11. Requirement to register.

      2. 12. Applications for registration.

      3. 13. Grant or refusal of registration.

      4. 14. Cancellation of registration.

      5. 14A.Suspension of registration

      6. 15. Applications by registered persons.

      7. 16. Regulations about registration.

    2. Registration procedure

      1. 17. Notice of proposals.

      2. 18. Right to make representations.

      3. 19. Notice of decisions.

      4. 20. Urgent procedure for cancellation, variation etc: England

      5. 20A.Urgent procedure for cancellation: Wales

      6. 20B.Urgent procedure for suspension or variation etc...

      7. 21. Appeals to the Tribunal.

    3. Regulations and standards

      1. 22. Regulation of establishments and agencies.

      2. 22A.Power of CIECSS to serve notice where person is failing to comply with regulations

      3. 22B.Notice restricting accommodation at certain establishments

      4. 23. National minimum standards.

    4. Offences

      1. 24. Failure to comply with conditions.

      2. 24A.Offences relating to suspension

      3. 25. Contravention of regulations.

      4. 26. False descriptions of establishments and agencies.

      5. 27. False statements in applications.

      6. 28. Failure to display certificate of registration.

      7. 29. Proceedings for offences.

      8. 30. Offences by bodies corporate.

    5. Penalty notices

      1. 30ZA.Penalty notices

      2. 30ZB.Penalty notices: supplementary provision

    6. Miscellaneous and supplemental

      1. 30A.Notification of matters relating to persons carrying on or managing certain establishments or agencies

      2. 31. Inspections by persons authorised by registration authority.

      3. 32. Inspections: supplementary.

      4. 33. Annual returns.

      5. 34. Liquidators etc.

      6. 35. Death of registered person.

      7. 36. Provision of copies of registers.

      8. 36A. Voluntary adoption agencies: distribution of functions

      9. 37. Service of documents.

      10. 38. Transfers of staff under Part II.

      11. 39. Temporary extension of meaning of “nursing home”.

      12. 40. Temporary extension of meaning of “children’s home”.

      13. 41. Children’s homes: temporary provision about cancellation of registration.

      14. 42. Power to extend the application of Part II.

  4. Part III Local Authority Services

    1. 43. Introductory.

    2. 44. General powers of the Commission.

    3. 45. Inspection by registration authority of adoption and fostering services.

    4. 46. Inspections: supplementary.

    5. 47. Action following inspection.

    6. 48. Regulation of the exercise of relevant fostering functions.

    7. 49. National minimum standards.

    8. 50. Annual returns.

    9. 51. Annual fee.

    10. 52. Contravention of regulations.

    11. 53. Offences: general provisions.

  5. Part IV Social care workers

    1. Preliminary

      1. 54.The Care Council for Wales

      2. 55. Interpretation.

    2. Registration

      1. 56. The register.

      2. 57. Applications for registration.

      3. 58. Grant or refusal of registration.

      4. 58A.Visiting social workers from relevant European States

      5. 58B.Visiting social care managers from relevant European States

      6. 59. Removal etc. from register.

      7. 60. Rules about registration.

      8. 61. Use of title “social worker” etc.

    3. Codes of practice

      1. 62. Codes of practice.

    4. Training

      1. 63. Approval of courses etc.

      2. 64. Qualifications gained outside the Welsh Council's area– social workers

      3. 64A.Qualifications gained outside the Welsh Council’s area – social care managers

      4. 65. Post registration training.

      5. 66. Visitors for certain social work courses.

      6. 67.Functions of the Secretary of State.

      7. 67A.Exercise by Special Health Authority of functions under s. 67(4)(a)

    5. Miscellaneous and supplemental

      1. 68. Appeals to the Tribunal.

      2. 69. Publication etc. of register.

      3. 70. Abolition of Central Council for Education and Training in Social Work.

      4. 71. Rules.

  6. Part V The Children’s Commissioner for Wales

    1. 72. Children’s Commissioner for Wales.

    2. 72A. Principal aim of the Commissioner

    3. 72B. Review of exercise of functions of Welsh Ministers and other persons

    4. 73. Review and monitoring of arrangements.

    5. 74. Examination of cases.

    6. 75. Obstruction etc.

    7. 75ZA.Working with other Commissioners

    8. 75A. Additional power of consideration and representation

    9. 76. Further functions.

    10. 77. Restrictions.

    11. 78. Interpretation.

  7. Part VI Child minding and day care

    1. 79. Amendment of Children Act 1989.

  8. Part VII Protection of children and vulnerable adults

    1. Protection of vulnerable adults

      1. 80. Basic definitions.

      2. 81. Duty of Secretary of State to keep list.

      3. 82. Persons who provide care for vulnerable adults: duty to refer.

      4. 83. Employment agencies and businesses: duty to refer.

      5. 84. Power of registration authority to refer.

      6. 85. Individuals named in the findings of certain inquiries.

      7. 86. Appeals against inclusion in list.

      8. 87. Applications for removal from list.

      9. 88. Conditions for application under section 87.

      10. 89. Effect of inclusion in list.

      11. 90. Searches of list under Part V of Police Act 1997.

      12. 91. Access to list before commencement of section 90.

      13. 92. Persons referred for inclusion in list under Protection of Children Act 1999.

      14. 93. Power to extend Part VII.

    2. The list kept under section 1 of the 1999 Act

      1. 94. Employment agencies and businesses.

      2. 95. Inclusion in 1999 Act list on reference by certain authorities.

      3. 96. Inclusion in 1999 Act list of individuals named in findings of certain inquiries.

      4. 97. Inclusion in 1999 Act list on reference under this Part.

      5. 98. Individuals providing care funded by direct payments.

      6. 99. Transfer from Consultancy Service Index of individuals named in past inquiries.

    3. Restrictions on working with children in independent schools

      1. 100. Additional ground of complaint.

      2. 101. Effect of inclusion in 1996 Act list.

      3. 102. Searches of 1996 Act list.

    4. General

      1. 103. Temporary provision for access to lists.

      2. 104. Suitability to adopt a child: searches of lists.

  9. Part VIII Miscellaneous

    1. Boarding schools and colleges

      1. 105. Welfare of children in boarding schools and colleges.

      2. 106. Suspension of duty under section 87(3) of the 1989 Act.

      3. 107. Boarding schools: national minimum standards.

      4. 108. Annual fee for boarding school inspections.

      5. 109. Inspection of schools etc. by persons authorised by Secretary of State.

    2. Fostering

      1. 110. Extension of Part IX to school children during holidays.

    3. Employment agencies

      1. 111. Nurses Agencies.

    4. Charges for local authority welfare services

      1. 112. Charges for local authority welfare services.

  10. Part IX General and supplemental

    1. Chapter I General

      1. 113. Default powers of appropriate Minister.

      2. 113A.Fees payable under Part 2

      3. 114. Schemes for the transfer of staff.

      4. 115. Effect of schemes.

      5. 116. Minor and consequential amendments.

      6. 117. Transitional provisions, savings and repeals.

    2. Chapter II Supplemental

      1. 118. Orders and regulations.

      2. 118A.Regulations: Wales

      3. 119. Supplementary and consequential provision etc.

      4. 120. Wales.

      5. 121. General interpretation etc.

      6. 122. Commencement.

      7. 123. Short title and extent.

  11. SCHEDULES

    1. SCHEDULE 1

      The Welsh Council

      1. Introductory

        1. 1.The Welsh Council

      2. Status

        1. 2.The Welsh Council

      3. General powers

        1. 3.The Welsh Council

      4. General duty

        1. 4.The Welsh Council

      5. Membership

        1. 5.The Welsh Council

      6. Appointment, procedure et ceteralaetc.

        1. 6.The Welsh Council

      7. Remuneration and allowances

        1. 7.The Welsh Council

      8. Chief officer

        1. 8.The Welsh Council

      9. Regional directors

        1. 9.The Welsh Council

      10. Children’s rights director

        1. 10.The Welsh Council

      11. Director of private and voluntary health care

        1. 11.The Welsh Council

      12. Staff

        1. 12.The Welsh Council

      13. Delegation of functions

        1. 13.The Welsh Council

      14. Arrangements for the use of staff

        1. 14.The Welsh Council

      15. Training

        1. 15.The Welsh Council

      16. Payments to authorities

        1. 16.The Welsh Council

      17. Fees

        1. 17.The Welsh Council

      18. Accounts

        1. 18.The Welsh Council

      19. Reports and other information

        1. 19.The Welsh Council

      20. Application of seal and evidence

        1. 20.The Welsh Council

        2. 21.The Welsh Council

      21. General

        1. 22.The Welsh Council

        2. 23.The Welsh Council

        3. 24.The Welsh Council

        4. 25.The Welsh Council

        5. 26.The Welsh Council

        6. 27.The Welsh Council

    2. SCHEDULE 2

      The Children’s Commissioner for Wales

      1. Status

        1. 1.(1) The Commissioner is to be a corporation sole.

      2. Appointment and tenure of office

        1. 2.Regulations may make provision— (a) as to the appointment of...

      3. Remuneration

        1. 3.The Welsh Ministers shall— (a) pay the Commissioner such remuneration...

      4. Staff

        1. 4.(1) The Commissioner may appoint any staff he considers necessary...

      5. General powers

        1. 5.(1) Subject to any directions given by the Welsh Ministers,...

      6. Estimates

        1. 6. The Children’s Commissioner for Wales

      7. Accounts

        1. 7.(1) The Commissioner shall keep proper accounting records.

      8. Reports

        1. 8.Regulations may provide for the Commissioner to make periodic or...

      9. Audit

        1. 9.(1) The accounts prepared by the Commissioner for any financial...

      10. Accounting officer

        1. 10.(1) The accounting officer for the Commissioner’s Office shall be...

      11. Examinations into use of resources

        1. 11.(1) The Auditor General for Wales may carry out examinations...

      12. Examinations by the Comptroller and Auditor General

        1. 12.. . . . . . . . . ....

      13. Evidence

        1. 13.A document purporting to be duly executed under the seal...

      14. Payments

        1. 14.The Welsh Ministers may make payments to the Commissioner of...

      15. General

        1. 15.In the House of Commons Disqualification Act 1975, in Part...

        2. 16.In the Northern Ireland Assembly Disqualification Act 1975, the same...

        3. 17.(1) Regulations may provide that the office of Children’s Commissioner...

        4. 18.In section 144 of the Government of Wales Act 1998...

    3. SCHEDULE 2A

      Persons subject to review by the Commissioner under section 72B.

      1. 1.Any county council, county borough council or community council in...

      2. 2.Any Health Authority for an area in, or consisting of,...

      3. 2A.Any Local Health Board for an area in, or consisting...

      4. 3.Any National Health Service trust all or most of whose...

      5. 4. Persons subject to review by the Commissioner under section 72B.

      6. 5.Any further education corporation within the meaning of section 17(1)...

      7. 6.Any higher education corporation within the meaning of section 90(1)...

      8. 7.Any institution in Wales falling within section 91(5)(a) of the...

      9. 8.Any institution in Wales in relation to which a designation...

      10. 9.Any governing body of a school in Wales which is...

      11. 10.Her Majesty’s Chief Inspector of Education and Training in Wales....

      12. 10A.Qualifications Wales.

      13. 11.Any agricultural wages committee for an area wholly in, or...

      14. 12.A National Park authority for a National Park in Wales....

      15. 13.The Arts Council of Wales.

      16. 14.Social Care Wales .

      17. 15.The Natural Resources Body for Wales .

      18. 16.The National Library of Wales.

      19. 17.The National Museums and Galleries of Wales.

      20. 18. Persons subject to review by the Commissioner under section 72B.

      21. 19.The Royal Commission on the Ancient and Historical Monuments of...

      22. 20.The Sports Council for Wales.

      23. 21. Persons subject to review by the Commissioner under section 72B.

      24. 22. Persons subject to review by the Commissioner under section 72B.

      25. 23.Comisiynydd y Gymraeg (The Welsh Language Commissioner).

      26. 24. Persons subject to review by the Commissioner under section 72B.

    4. SCHEDULE 2B

      Persons whose arrangements are subject to review by the Commissioner under section 73.

      1. 1.The Welsh Ministers, the First Minister for Wales or the...

      2. 2.Any county council or county borough council in Wales.

      3. 3.Any Health Authority for an area in, or consisting of,...

      4. 3A Any Local Health Board for an area in, or...

      5. 4.Any National Health Service trust all or most of whose...

      6. 5. Persons whose arrangements are subject to review by the Commissioner under section 73.

      7. 6.Any further education corporation within the meaning of section 17(1)...

      8. 7.Any higher education corporation within the meaning of section 90(1)...

      9. 8.Any institution in Wales falling within section 91(5)(a) of the...

      10. 9.Any institution in Wales in relation to which a designation...

      11. 10.Any governing body of a school in Wales which is...

    5. SCHEDULE 3

      Child minding and day care for young children

      1. The following Schedule shall be inserted in the 1989 Act...

    6. SCHEDULE 4

      Minor and consequential amendments

      1. National Assistance Act 1948 (c.29)

        1. 1.(1) Section 26 of the National Assistance Act 1948 (provision...

      2. Mental Health Act 1959 (c.72)

        1. 2. Minor and consequential amendments

      3. Children and Young Persons Act 1969 (c.54)

        1. 3.In section 23(12) of the Children and Young Persons Act...

      4. Local Authority Social Services Act 1970 (c.42)

        1. 4.In Schedule 1 to the Local Authority Social Services Act...

      5. Adoption Act 1976 (c.36)

        1. 5. Minor and consequential amendments

      6. Adoption (Scotland) Act 1978 (c.28)

        1. 6. Minor and consequential amendments

      7. Magistrates’ Court Act 1980 (c. 43)

        1. 7. Minor and consequential amendments

      8. Limitation Act 1980 (c.58)

        1. 8. Minor and consequential amendments

      9. Mental Health Act 1983 (c.20)

        1. 9.(1) The Mental Health Act 1983 shall be amended as...

      10. Public Health (Control of Disease) Act 1984 (c.22)

        1. 10.In section 7(4) of the Public Health (Control of Disease)...

      11. Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

        1. 11.In section 2(5)(d) of the Disabled Persons (Services, Consultation and...

      12. Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))

        1. 12.In Article 11(2) of the Adoption (Northern Ireland) Order 1987...

      13. Income and Corporation Taxes Act 1988 (c.40)

        1. 13. Minor and consequential amendments

      14. Children Act 1989 (c.41)

        1. 14.(1) The 1989 Act shall be amended as follows.

      15. National Health Service and Community Care Act 1990 (c.19)

        1. 15.In section 48(1) of the National Health Service and Community...

      16. Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)

        1. 16.In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure...

      17. Criminal Justice Act 1991 (c.53)

        1. 17.In section 61(2) of the Criminal Justice Act 1991 (provision...

      18. Water Industry Act 1991 (c.56)

        1. 18.In Schedule 4A to the Water Industry Act 1991 (premises...

        2. 19.In Schedule 4A to the Water Industry Act 1991 (premises...

      19. Local Government Finance Act 1992 (c.14)

        1. 20.In paragraph 7 of Schedule 1 to the Local Government...

      20. Tribunals and Inquiries Act 1992 (c.53)

        1. 21. Minor and consequential amendments

      21. Criminal Justice and Public Order Act 1994 (c.33)

        1. 22.In section 2 of the Criminal Justice and Public Order...

      22. Children (Scotland) Act 1995 (c.36)

        1. 23.In section 93 of the Children (Scotland) Act 1995 (interpretation...

      23. Education Act 1996 (c.56)

        1. 24. Minor and consequential amendments

      24. Police Act 1997 (c.50)

        1. 25. Minor and consequential amendments

      25. Protection of Children Act 1999 (c.14)

        1. 26.(1) The Protection of Children Act 1999 shall be amended...

      26. Adoption (Intercountry Aspects) Act 1999 (c.18)

        1. 27.In section 2 of the Adoption (Intercountry Aspects) Act 1999...

      27. Powers of Criminal Courts (Sentencing) Act 2000 (c.6)

        1. 28.(1) The Powers of Criminal Courts (Sentencing) Act 2000 shall...

      28. Amendments of local Acts

        1. 29.(1) Section 16 of the Greater London Council (General Powers)...

        2. 30.(1) Section 10(2) of the Greater London Council (General Powers)...

    7. SCHEDULE 5

      Transitional provisions and savings

      1. Fostering agencies

        1. 1.The appropriate Minister may by regulations provide that, if prescribed...

      2. Voluntary adoption agencies

        1. 2.(1) Where an approval granted to a body, before the...

      3. Children’s Commissioner for Wales

        1. 3.(1) The Part of this Act which relates to the...

    8. SCHEDULE 6

      Repeals