For the purposes of this Act—
[F1(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 [F2in any other case] is the National Assembly for Wales (referred to in this Act as “the Assembly”).
[F3(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 [F4and,
(f)providers of social work services in England or, where the activities of a provider of social work services are carried on from two or more branches, the branches in England.]]
[F5(2)This section is subject to section 36A.]
Textual Amendments
F1S. 5(1)(a) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 6(2)(a); S.I. 2010/807, art. 2, Sch. 1 Pt. 2 (with arts. 3-22)
F2Words in s. 5(1)(b) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 6(2)(b); S.I. 2010/807, art. 2, Sch. 1 Pt. 2 (with arts. 3-22)
F3S. 5(1A) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 6(3); S.I. 2010/807, art. 2, Sch. 1 Pt. 2 (with arts. 3-22)
F4S. 5(1A)(f) and word inserted (12.11.2013 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 4(2)(b), 44(4) (with s. 6); S.I. 2013/2606, art. 2(b)
F5S. 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
I1S. 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)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F6S. 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)
F7S. 5A repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170, Sch. 5 para. 7, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F8S. 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)
F9S. 5B repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170, Sch. 5 para. 7, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 6 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 2; S.I. 2004/759, art. 13
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11S. 7 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 2; S.I. 2004/759, art. 13
(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.
[F12(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.
[F13(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.
[F14(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
[F15(b)any other functions exercisable by the Assembly corresponding to functions exercisable—
(i)by [F16the Care Quality Commission] in relation to England; or
(ii)by the CIECSS under section 147 of the Education and Inspections Act 2006.]]
[F17[F18(7)]In this section, “Part II services” means services of the kind provided by persons registered under Part II F19. . . ]
Textual Amendments
F12S. 8(3)(3A) substituted (1.4.2007) for s. 8(3) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(2); S.I. 2007/935, art. 5
F13S. 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
F14S. 8(6) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 109, 199; S.I. 2004/873, art. 2
F15S. 8(6)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(3); S.I. 2007/935, art. 5
F16Words 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
F17S. 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)
F18S. 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
F19Words 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
I2S. 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
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20S. 9 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 2; S.I. 2004/759, art. 13
(1)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 M1Local 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)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F21S. 10(1) repealed (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, 196, 199, Sch. 9 para. 19(b), Sch. 14 Pt. 2; S.I. 2004/759, arts. 5(2), 13
F22S. 10(6) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170, Sch. 5 para. 9, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36
Commencement Information
I3S. 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