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Children Act 2004

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Children Act 2004

2004 CHAPTER 31

An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children.

[15th November 2004]

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:—

Part 1E+W+S+N.I.Children’s Commissioner

1EstablishmentE+W+S+N.I.

(1)There is to be an office of Children’s Commissioner.

(2)Schedule 1 has effect with respect to the Children’s Commissioner.

[F12Primary function: children's rights, views and interestsE+W+S+N.I.

(1)The Children's Commissioner's primary function is promoting and protecting the rights of children in England.

(2)The primary function includes promoting awareness of the views and interests of children in England.

(3)In the discharge of the primary function the Children's Commissioner may, in particular—

(a)advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children;

(b)encourage such persons to take account of the views and interests of children;

(c)advise the Secretary of State on the rights, views and interests of children;

(d)consider the potential effect on the rights of children of government policy proposals and government proposals for legislation;

(e)bring any matter to the attention of either House of Parliament;

(f)investigate the availability and effectiveness of complaints procedures so far as relating to children;

(g)investigate the availability and effectiveness of advocacy services for children;

(h)investigate any other matter relating to the rights or interests of children;

(i)monitor the implementation in England of the United Nations Convention on the Rights of the Child;

(j)publish a report on any matter considered or investigated under this section.

(4)In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed.

(5)The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function.

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Amendments (Textual)

2AUnited Nations Convention on the Rights of the ChildE+W+S+N.I.

(1)The Children's Commissioner must, in particular, have regard to the United Nations Convention on the Rights of the Child in considering for the purposes of the primary function what constitute the rights and interests of children (generally or so far as relating to a particular matter).

(2)The references in section 2(3)(i) and this section to the United Nations Convention on the Rights of the Child are to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.

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Amendments (Textual)

2BInvolving children in the discharge of the primary functionE+W+S+N.I.

(1)The Children's Commissioner must take reasonable steps to involve children in the discharge of the primary function.

(2)The Commissioner must in particular take reasonable steps to—

(a)ensure that children are aware of the Commissioner's primary function and how they may communicate with him or her, and

(b)consult children, and organisations working with children, on the matters the Commissioner proposes to consider or investigate in the discharge of the primary function.

(3)The Children's Commissioner must for the purposes of this section have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.

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Amendments (Textual)

2CPrimary function: reportsE+W+S+N.I.

(1)This section applies where the Children's Commissioner publishes a report in the discharge of the primary function.

(2)The Commissioner must, if and to the extent he or she considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children).

(3)Where the report contains recommendations about the exercise by a person of functions of a public nature, the Commissioner may require that person to state in writing, within such period as the Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.]

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Amendments (Textual)

[F22DProvision of advice and assistance to certain children in EnglandE+W+S+N.I.

(1)The Children's Commissioner may provide advice and assistance to any child who is within section 8A (children living away from home or receiving social care).

(2)The Children's Commissioner may in particular under this section make representations on behalf of a child who is within section 8A to a person in England who is—

(a)providing the child with accommodation or services, or

(b)otherwise exercising functions in relation to the child.]

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Amendments (Textual)

[F32EPowers to enter premises to conduct interviews or observe standardsE+W+S+N.I.

(1)This section applies for the purposes of the Children's Commissioner's primary function and the function under section 2D.

(2)The Children's Commissioner, or a person authorised by the Commissioner, may at any reasonable time enter any premises, other than a private dwelling—

(a)for the purpose of interviewing a child, or

(b)for the purpose of observing the standard of care provided to children accommodated or otherwise cared for there.

(3)An interview of a child under subsection (2)(a) may be conducted in private, if the child consents.

(4)A person who enters premises under subsection (1) may interview any person present on the premises who works there.

(5)It is immaterial for the purposes of subsection (4) whether a person's work is paid, or under a contract of employment.]

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Amendments (Textual)

[F42FProvision of information to CommissionerE+W+S+N.I.

(1)Any person exercising functions of a public nature must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Commissioner may reasonably request for the purposes of the primary function or the function under section 2D.

(2)The information must be information which that person would, apart from subsection (1), lawfully be able to disclose to the Commissioner.]

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Amendments (Textual)

3Inquiries initiated by CommissionerE+W+S+N.I.

(1)Where the Children’s Commissioner considers that the case of an individual child in England raises issues of public policy of relevance to other children, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(2)The Children’s Commissioner may only conduct an inquiry under this section if he is satisfied that the inquiry would not duplicate work that is the function of another person (having consulted such persons as he considers appropriate).

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Children’s Commissioner may, if he thinks fit, hold an inquiry under this section, or any part of it, in private.

(5)As soon as possible after completing an inquiry under this section the Children’s Commissioner must—

(a)publish a report containing his recommendations; and

(b)send a copy to the Secretary of State.

(6)The report need not identify any individual child if the Children’s Commissioner considers that it would be undesirable for the identity of the child to be made public.

(7)Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions [F6 of a public nature], he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.

(8)Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) apply for the purposes of an inquiry held under this section with the substitution for references to the person appointed to hold the inquiry of references to the Children’s Commissioner.

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Amendments (Textual)

F74Other inquiries held by CommissionerE+W+S+N.I.

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

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Amendments (Textual)

5Functions of Commissioner in WalesE+W+S+N.I.

(1)The Children’s Commissioner has the function of [F8promoting and protecting the rights of children in Wales], except in so far as relating to any matter falling within the remit of the Children’s Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14).

[F9(1A)The function under subsection (1) includes promoting awareness of the views and interests of children in Wales.]

[F10(2)Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A)For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000, ” ,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ” ,

(c)section 2E(1) has effect as if “and the function under section 2D” were omitted, and

(d)section 2F(1) has effect as if “or the function under section 2D” were omitted.]

(3)In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Children’s Commissioner for Wales.

(4)Where the Children’s Commissioner considers that the case of an individual child in Wales raises issues of public policy of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5)Subsections (2) to (8) of section 3 apply in relation to an inquiry under subsection (4) above.

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F8Words in s. 5(1) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 3(2)

F10S. 5(2)(2A) substituted for s. 5(2) (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 3(4)

6Functions of Commissioner in ScotlandE+W+S+N.I.

(1)The Children’s Commissioner has the function of [F13promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters].

[F14(1A)The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland.]

[F15(2)Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A)For the purposes of subsection (2)—

(a)section 2(3)(i) has effect as if for “in England” there were substituted “ in Scotland, in relation to reserved matters, ”,

(b)sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”,

(c)section 2E(1) has effect as if “and the function under section 2D” were omitted, and

(d)section 2F(1) has effect as if “or the function under section 2D” were omitted.]

(3)In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland.

(4)Where the Children’s Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5)Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6)Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In this section, “reserved matter” has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act).

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Amendments (Textual)

7Functions of Commissioner in Northern IrelandE+W+S+N.I.

(1)The Children’s Commissioner has the function of [F17promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted matters].

[F18(1A)The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland.]

[F19(2)Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A)For the purposes of subsection (2)—

(a)section 2(3)(i) has effect as if for “in England” there were substituted “ in Northern Ireland, in relation to excepted matters, ”,

(b)sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”,

(c)section 2E(1) has effect as if “and the function under section 2D” were omitted, and

(d)section 2F(1) has effect as if “or the function under section 2D” were omitted.]

(3)In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People for Northern Ireland.

(4)Where the Children’s Commissioner considers that the case of an individual child in Northern Ireland raises issues of public policy which are of relevance to other children in relation to an excepted matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5)Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6)Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In this section, “excepted matter” has the same meaning as in the Northern Ireland Act 1998 (c. 47).

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Amendments (Textual)

[F217AAdvisory boardE+W+S+N.I.

(1)The Children's Commissioner must appoint an advisory board to provide the Commissioner with advice and assistance relating to the discharge of his or her functions.

(2)The advisory board must consist of persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions.

(3)The Children's Commissioner must from time to time publish a report on the procedure followed and the criteria used when making appointments to the advisory board.]

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Amendments (Textual)

[F227BBusiness plansE+W+S+N.I.

(1)The Children's Commissioner must publish a business plan which sets out, in relation to the discharge of the Commissioner's functions—

(a)the Commissioner's proposed main activities for the period covered by the plan (including the matters he or she intends to consider or investigate), and

(b)the Commissioner's proposed strategic priorities for that period.

(2)A business plan must cover a period of at least 12 months beginning with the date of publication.

(3)The Commissioner must publish a new business plan before the end of the period covered by the preceding business plan.

(4)Before publishing a business plan under this section, the Children's Commissioner must—

(a)take reasonable steps to consult children,

(b)consult persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions, and

(c)consult such other persons as the Commissioner thinks appropriate.

(5)The Children's Commissioner must for the purposes of subsection (4)(a) have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.]

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Amendments (Textual)

8Annual reportsE+W+S+N.I.

(1)As soon as possible after the end of each financial year the Children’s Commissioner must make a report on—

(a)the way in which he has discharged his functions F23...; [F24and]

(b)what he has found in the course of exercising those functions during the year; F25. . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Children’s Commissioner must in particular under subsection (1)(a) include[F26

(a)a summary of the Commissioner's activities and an analysis of the effectiveness of those activities in promoting and protecting the rights of children,

(b)an account of what the Commissioner has done in the discharge of his or her functions in relation to children who are within section 8A (children living away from home or receiving social care),

(c)an account of the steps taken by the Commissioner to consult children or otherwise involve them in the discharge of his or her functions, and

(d)a summary of how the Commissioner has taken into account the results of any such consultation and anything else resulting from involving children in the discharge of his or her functions.]

(3)Where the Children’s Commissioner makes a report under this section—

(a)he must send a copy to the Secretary of State; and

(b)[F27the Commissioner] must as soon as possible lay a copy before each House of Parliament.

(4)The Children’s Commissioner must publish a report under this section as soon as possible after [F28laying] it before each House of Parliament.

[F29(5)If the Children's Commissioner does not consider a report made under this section to be suitable for children, the Commissioner must publish a version of the report which is suitable for children.]

(6)In this section, “financial year” has the same meaning as in paragraph 8 of Schedule 1.

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Amendments (Textual)

F23Words in s. 8(1)(a) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 113(2)(a), 139(5)

F24Word in s. 8(1)(a) inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 113(2)(b), 139(5)

F25S. 8(1)(c) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 113(2)(c), 139(5)

F26Words in s. 8(2) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 113(3), 139(5)

F27Words in s. 8(3)(b) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 113(4), 139(5)

F28Word in s. 8(4) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 113(5), 139(5)

F29S. 8(5) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 113(6), 139(5)

[F308AChildren in England living away from home or receiving social careE+W+S+N.I.

(1)For the purposes of this Part, a child is within this section if he or she is within any of subsections (2) to (5).

(2)A child is within this subsection if he or she is provided with accommodation by a school or college in England to which section 87(1) of the Children Act 1989 applies.

(3)A child is within this subsection if he or she is accommodated in an establishment (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act.

(4)A child is within this subsection if functions are being exercised in relation to him or her by an agency (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act.

(5)A child is within this subsection if a local authority in England exercises social services functions (within the meaning of the Local Authority Social Services Act 1970) in relation to him or her.

(6)For the purposes of this Part, a person who is not a child is to be treated as a child who is within this section if—

(a)he or she is aged 18 or over and under 25, and

(b)a local authority in England has provided services to him or her under any of sections 23C to 24D of the Children Act 1989 at any time after he or she reached the age of 16.]

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Amendments (Textual)

[F319Commissioner's functions in relation to certain young peopleE+W+S+N.I.

(1)This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A).

(2)For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18—

(a)a person aged 18 or over for whom an EHC plan is maintained by a local authority,

(b)a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or

(c)a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16.

(3)For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25—

(a)who has a learning disability,

(b)who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or

(c)to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16.

(4)For the purposes of this section—

  • EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans);

  • learning disability ” means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning;

  • a person is “looked after by a local authority” if—

    (a)

    for the purposes of the [F32Social Services and Well-being (Wales) Act 2014], he or she is looked after by a local authority in Wales;

    (b)

    for the purposes of the Children (Scotland) Act 1995, he or she is looked after by a local authority in Scotland;

    (c)

    for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.]

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Amendments (Textual)

Part 2 E+WChildren’s services in England

GeneralE+W

[F339ATargets for safeguarding and promoting the welfare of childrenE+W

(1)The Secretary of State may, in accordance with regulations, set safeguarding targets for a [F34local authority] in England.

(2)The regulations may, in particular—

(a)make provision about matters by reference to which safeguarding targets may, or must, be set;

(b)make provision about periods to which safeguarding targets may, or must, relate;

(c)make provision about the procedure for setting safeguarding targets;

(d)specify requirements with which a [F34local authority] in England must comply in connection with the setting of safeguarding targets.

(3)In exercising their functions, a [F34local authority] in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.

(4)Safeguarding targets”, in relation to a [F34local authority] in England, are targets for safeguarding and promoting the welfare of children in the authority's area.]

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Amendments (Textual)

10Co-operation to improve well-beingE+W

(1)Each [F35local authority] in England must make arrangements to promote co-operation between—

(a)the authority;

(b)each of the authority’s relevant partners; and

(c)such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area.

(2)The arrangements are to be made with a view to improving the well-being of children in the authority’s area so far as relating to—

(a)physical and mental health and emotional well-being;

(b)protection from harm and neglect;

(c)education, training and recreation;

(d)the contribution made by them to society;

(e)social and economic well-being.

(3)In making arrangements under this section a [F35local authority] in England must have regard to the importance of parents and other persons caring for children in improving the well-being of children.

(4)For the purposes of this section each of the following is a relevant partner of a [F35local authority] in England—

(a)where the authority is a county council for an area for which there is also a district council, the district council;

(b)[F36the local policing body] and the chief officer of police for a police area any part of which falls within the area of the [F35local authority];

(c)a local probation board for an area any part of which falls within the area of the authority;

[F37(ca)the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;

(cb)any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;]

(d)a youth offending team for an area any part of which falls within the area of the authority;

[F38(da)the National Health Service Commissioning Board;]

[F39(db)any clinical commissioning group for an area any part of which falls within the area of the authority;]

F40(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a person providing services [F41in pursuance of section 68 of the Education and Skills Act 2008] in any part of the area of the authority;

[F42(fa) the governing body of a maintained school that is maintained by the authority F43 . . . ;

(fb)the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area;

(fc)the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area;

(fd)the governing body of an institution within the further education sector the main site of which is situated in the authority's area;

(fe)the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.]

(g)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The relevant partners of a [F35local authority] in England must co-operate with the authority in the making of arrangements under this section.

[F45(5A)For the purposes of arrangements under this section a relevant person or body may—

(a)provide staff, goods, services, accommodation or other resources to another relevant person or body;

(b)make contributions to a fund out of which relevant payments may be made.]

(6)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A [F35local authority] in England and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Secretary of State.

(9)Arrangements under this section may include arrangements relating to—

(a)persons aged 18 and 19;

(b)persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989 (c. 41);

(c)persons over the age of 19 but under the age of 25[F47

(i)for whom an EHC plan is maintained, or

(ii)]who have a learning difficulty [F48or disability], within the meaning of [F49section 15ZA(6) and (7) of the Education Act 1996], and are receiving services under [F50section 15ZA of the Education Act 1996 or section F51. . . 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009]

[F52(10)In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a [F35local authority], the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.

(11)In this section—

  • governing body ”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;

  • institution within the further education sector ” has the meaning given by section 4(3) of the Education Act 1996;

  • maintained school ” has the meaning given by section 39(1) of the Education Act 2002;

  • proprietor ”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;

  • relevant payment ”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions;

  • relevant person or body ” means—

    (a)

    a [F35local authority] in England;

    (b)

    a relevant partner of a [F35local authority] in England.]

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Amendments (Textual)

F51Words in s. 10(9)(c) omitted (1.4.2012) by virtue of the Education Act 2011 (c. 21), ss. 67(1), 82(3), Sch. 16 para. 23; S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C2S. 10 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 20B (as inserted (1.9.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(3), 3)

Commencement Information

I1S. 10 not in force at Royal Assent see s. 67(2); s. 10 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2)

11Arrangements to safeguard and promote welfareE+W

(1)This section applies to each of the following—

(a)a [F53local authority] in England;

(b)a district council which is not such an authority;

[F54(ba)the National Health Service Commissioning Board;]

[F55(bb)a clinical commissioning group;]

F56(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a Special Health Authority, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section;

F57(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

(g)an NHS foundation trust;

(h)the [F58local policing body] and chief officer of police for a police area in England;

(i)the British Transport Police Authority, so far as exercising functions in relation to England;

[F59(ia)the National Crime Agency;]

(j)a local probation board for an area in England;

[F60(ja)the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;]

(k)a youth offending team for an area in England;

(l)the governor of a prison or secure training centre in England (or, in the case of a contracted out prison or secure training centre, its director);

[F61(la)the principal of a secure college in England;]

(m)any person to the extent that he is providing services [F62in pursuance of section 74 of the Education and Skills Act 2008].

(2)Each person and body to whom this section applies must make arrangements for ensuring that—

(a)their functions are discharged having regard to the need to safeguard and promote the welfare of children; and

(b)any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

(3)In the case of a [F53local authority] in England, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.

(4)Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State.

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Amendments (Textual)

Commencement Information

I2S. 11 not in force at Royal Assent see s. 67(2); s. 11 in force at 1.3.2005 for certain purposes for E. and at 1.10.2005 otherwise for E. by S.I. 2005/394, art. 2(1)(4)

12Information databasesE+W

(1)The Secretary of State may for the purpose of arrangements under section 10 or 11 above or under section 175 of the Education Act 2002—

(a)by regulations require [F63local authorities] in England to establish and operate databases containing information in respect of persons to whom such arrangements relate;

(b)himself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.

(2)The Secretary of State may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.

(3)A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.

(4)The information referred to in subsection (3) is information of the following descriptions in relation to a person—

(a)his name, address, gender and date of birth;

(b)a number identifying him;

(c)the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;

(d)details of any education being received by him (including the name and contact details of any educational institution attended by him);

(e)the name and contact details of any person providing primary medical services in relation to him under [F64the National Health Service Act 2006];

(f)the name and contact details of any person providing to him services of such description as the Secretary of State may by regulations specify;

(g)information as to the existence of any cause for concern in relation to him;

(h)information of such other description, not including medical records or other personal records, as the Secretary of State may by regulations specify.

(5)The Secretary of State may by regulations make provision in relation to the establishment and operation of any database or databases under this section.

(6)Regulations under subsection (5) may in particular make provision—

(a)as to the information which must or may be contained in any database under this section (subject to subsection (3));

(b)requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;

(c)permitting a person or body specified in subsection (8) to disclose information for inclusion in the database;

(d)permitting or requiring the disclosure of information included in any such database;

(e)permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;

(f)as to the conditions on which such access must or may be given;

(g)as to the length of time for which information must or may be retained;

(h)as to procedures for ensuring the accuracy of information included in any such database;

(i)in a case where a database is established by virtue of subsection (1)(b), requiring children’s services authorities in England to participate in the operation of the database.

(7)The persons and bodies referred to in subsection (6)(b) are—

(a)the persons and bodies specified in section 11(1);

(b)the Learning and Skills Council for England;

(c)the governing body of a maintained school in England (within the meaning of section 175 of the Education Act 2002 (c. 32));

(d)the governing body of an institution in England within the further education sector (within the meaning of that section);

(e)the proprietor of an independent school in England (within the meaning of the Education Act 1996 (c. 56));

[F65(ea)the proprietor of an alternative provision Academy that is not an independent school (within the meaning of that Act);]

(f)a person or body of such other description as the Secretary of State may by regulations specify.

(8)The persons and bodies referred to in subsection (6)(c) are—

[F66(a)a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);]

(b)a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;

(c)the Commissioners of Inland Revenue;

[F67(ca)a private registered provider of social housing;]

(d)a registered social landlord;

(e)a person or body of such other description as the Secretary of State may by regulations specify.

(9)The Secretary of State may provide information for inclusion in a database under this section.

(10)The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.

(11)Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.

(12)Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person or body by the Secretary of State.

(13)Guidance or directions under subsection (12) may in particular relate to—

(a)the management of a database under this section;

(b)the technical specifications for any such database;

(c)the security of any such database;

(d)the transfer and comparison of information between databases under this section;

(e)the giving of advice in relation to rights under the Data Protection Act 1998 (c. 29).

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Amendments (Textual)

Commencement Information

I3S. 12 not in force at Royal Assent see s. 67(2); s. 12 in force for E. at 1.1.2006 by S.I. 2005/3464, art. 2

[F68Children's Trust BoardsE+W

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Amendments (Textual)

F68Ss. 12A-12D and cross-heading inserted (26.2.2010 for certain purposes and 1.4.2010 otherwise) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 194(2), 269; S.I. 2010/303, arts. 2, 3, Sch. 1, Sch. 2

12AEstablishment of CTBsE+W

(1)Arrangements made by a [F69local authority] in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.

(2)A Children's Trust Board must include a representative of each of the following—

(a)the establishing authority;

(b)each of the establishing authority's relevant partners (subject to subsection (4)).

(3)A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.

(4)A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.

(5)Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).

(6)Where two or more [F70local authorities] jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.

(7)For the purposes of this section and sections 12B and 12C—

(a)the establishing authority ”, in relation to a Children's Trust Board, is the [F69 local authority ] that establishes the Board;

(b)a person or body is a “relevant partner” of a [F69local authority] if it is a relevant partner of the authority for the purposes of section 10

[F71otherwise than by virtue of section 10(4)(da) or (db)]

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Amendments (Textual)

12BFunctions and procedures of CTBsE+W

(1)The functions of a Children's Trust Board are—

(a)those conferred by or under section 17 or 17A (children and young people's plans);

(b)any further functions conferred by regulations made by the Secretary of State.

(2)Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.

(3)In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).

(4)A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—

(a)the procedures to be followed by it;

(b)the exercise of its functions.

(5)In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

12CFunding of CTBsE+W

(1)The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—

(a)by making the payments directly; or

(b)by contributing to a fund out of which the payments may be made.

(2)The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.

(3)Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.

(4)A pooled fund is a fund—

(a)which is made up of contributions by the Boards concerned, and

(b)out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.

12DSupply of information to CTBsE+W

(1)A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.

(2)Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.

(3)Information requested under subsection (1) must be information that relates to—

(a)the person or body to whom the request is made;

(b)a function of that person or body, or

(c)a person in respect of whom a function is exercisable by that person or body.]

Local Safeguarding Children BoardsE+W

13Establishment of LSCBsE+W

(1)Each [F72local authority] in England must establish a Local Safeguarding Children Board for their area.

(2)A Board established under this section must include such representative or representatives of—

(a)the authority by which it is established, and

(b)each Board partner of that authority,

as the Secretary of State may by regulations prescribe.

(3)For the purposes of this section each of the following is a Board partner of a [F72local authority] in England—

(a)where the authority is a county council for an area for which there is also a district council, the district council;

(b)the chief officer of police for a police area any part of which falls within the area of the authority;

(c)a local probation board for an area any part of which falls within the area of the authority;

[F73(ca)the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;

(cb)any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Board partner of the authority;]

(d)a youth offending team for an area any part of which falls within the area of the authority;

[F74(da)the National Health Service Commissioning Board;]

[F75(db)any clinical commissioning group for an area any part of which falls within the area of the authority;]

F76(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)an NHS trust and an NHS foundation trust all or most of whose hospitals, establishments and facilities are situated in the area of the authority;

(g)a person providing services [F77in pursuance of section 68 of the Education and Skills Act 2008] in any part of the area of the authority;

(h)the Children and Family Court Advisory and Support Service;

(i)the governor of any secure training centre in the area of the authority (or, in the case of a contracted out secure training centre, its director);

[F78(ia)the principal of a secure college in the area of the authority;]

(j)the governor of any prison in the area of the authority which ordinarily detains children (or, in the case of a contracted out prison, its director).

(4)A [F72local authority] in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them includes representatives of relevant persons and bodies of such descriptions as may be prescribed by the Secretary of State in regulations.

(5)A Local Safeguarding Children Board established under this section may also include representatives of such other relevant persons or bodies as the authority by which it is established consider, after consulting their Board partners, should be represented on it.

[F79(5A)A [F72local authority] in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them also includes two persons who appear to the authority to be representative of persons living in the authority's area.

(5B)An authority may pay remuneration, allowances and expenses to persons who are included by virtue of subsection (5A) in a Local Safeguarding Children Board established by them.]

(6)For the purposes of subsections (4) and (5), relevant persons and bodies are persons and bodies of any nature exercising functions or engaged in activities relating to children in the area of the authority in question.

(7)In the establishment and operation of a Local Safeguarding Children Board under this section—

(a)the authority establishing it must co-operate with each of their Board partners; and

(b)each Board partner must co-operate with the authority.

(8)Two or more [F80local authorities] in England may discharge their respective duties under subsection (1) by establishing a Local Safeguarding Children Board for their combined area (and where they do so, any reference in this section or sections 14 to 16 to the authority establishing the Board shall be read as a reference to the authorities establishing it).

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Amendments (Textual)

Commencement Information

I4S. 13 not in force at Royal Assent see s. 67(2); s. 13 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 13 otherwise in force at 1.4.2006 by S.I. 2006/927, art. 2(a)

14Functions and procedure of LSCBsE+W

(1)The objective of a Local Safeguarding Children Board established under section 13 is—

(a)to co-ordinate what is done by each person or body represented on the Board [F81by virtue of section 13(2), (4) or (5)] for the purposes of safeguarding and promoting the welfare of children in the area of the authority by which it is established; and

(b)to ensure the effectiveness of what is done by each such person or body for those purposes.

(2)A Local Safeguarding Children Board established under section 13 is to have such functions in relation to its objective as the Secretary of State may by regulations prescribe (which may in particular include functions of review or investigation).

(3)The Secretary of State may by regulations make provision as to the procedures to be followed by a Local Safeguarding Children Board established under section 13.

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Amendments (Textual)

Commencement Information

I5S. 14 not in force at Royal Assent see s. 67(2); s. 14 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 14 otherwise in force at 1.4.2006 by S.I. 2006/927, art. 2(a)

[F8214ALSCBs: annual reportsE+W

(1)At least once in every 12 month period, a Local Safeguarding Children Board established under section 13 must prepare and publish a report about safeguarding and promoting the welfare of children in its local area.

(2)The Board must submit a copy of the report to the local Children's Trust Board.

(3)For the purposes of this section—

(a)the local area of a Local Safeguarding Children Board is the area of the [F83local authority] that established the Board;

(b)the local Children's Trust Board, in relation to a Local Safeguarding Children Board, is the Children's Trust Board established for the Board's local area.]

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Amendments (Textual)

[F8414BSupply of information requested by LSCBsE+W

(1)If a Local Safeguarding Children Board established under section 13 requests a person or body to supply information specified in the request to—

(a)the Board, or

(b)another person or body specified in the request,

the request must be complied with if the first and second conditions are met and either the third or the fourth condition is met.

(2)The first condition is that the request is made for the purpose of enabling or assisting the Board to perform its functions.

(3)The second condition is that the request is made to a person or body whose functions or activities are considered by the Board to be such that the person or body is likely to have information relevant to the exercise of a function by the Board.

(4)The third condition is that the information relates to—

(a)the person or body to whom the request is made,

(b)a function or activity of that person or body, or

(c)a person in respect of whom a function is exercisable, or an activity is engaged in, by that person or body.

(5)The fourth condition is that the information—

(a)is information requested by the Board from a person or body to whom information was supplied in compliance with another request under this section, and

(b)is the same as, or is derived from, information so supplied.

(6)The information may be used by the Board, or other person or body to whom it is supplied under subsection (1), only for the purpose of enabling or assisting the Board to perform its functions.

(7)A Local Safeguarding Children Board must have regard to any guidance given to it by the Secretary of State in connection with the exercise of its functions under this section.]

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Amendments (Textual)

15Funding of LSCBsE+W

(1)Any person or body specified in subsection (3) may make payments towards expenditure incurred by, or for purposes connected with, a Local Safeguarding Children Board established under section 13—

(a)by making the payments directly; or

(b)by contributing to a fund out of which the payments may be made.

(2)Any person or body specified in subsection (3) may provide staff, goods, services, accommodation or other resources for purposes connected with a Local Safeguarding Children Board established under section 13.

(3)The persons and bodies referred to in subsections (1) and (2) are—

(a)the [F85local authority] in England by which the Board is established;

(b)any person who is a Board partner of the authority under section 13(3)(a) to (h);

(c)in a case where the governor of a secure training centre or prison [F86or the principal of a [F87directly managed] secure college] is a Board partner of the authority, the Secretary of State; and

(d)in a case where the director of a contracted out secure training centre or prison [F88or the principal of a contracted-out secure college ] is a Board partner of the authority, the contractor.

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Amendments (Textual)

[F8915AReview of LSCBs' performance of functionsE+W

(1)The Secretary of State may by regulations make provision for the Chief Inspector to conduct a review of the performance of specified functions by a Local Safeguarding Children Board established under section 13.

(2)The regulations may allow or require the Chief Inspector to conduct a review, or may require the Chief Inspector to do so in specified circumstances.

(3)They may in particular make provision—

(a)about reports to be made on completion of a review;

(b)requiring or facilitating the sharing or production of information for the purposes of a review.

(4)In this section—

  • the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

  • specified” means specified in regulations under this section.]

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Amendments (Textual)

16LSCBs: supplementaryE+W

(1)The Secretary of State may by regulations make provision as to the functions of [F90local authorities] in England relating to Local Safeguarding Children Boards established by them.

(2)A [F91local authority] in England and each of their Board partners must, in exercising their functions relating to a Local Safeguarding Children Board, have regard to any guidance given to them for the purpose by the Secretary of State.

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Amendments (Textual)

Commencement Information

I6S. 16 not in force at Royal Assent see s. 67(2); s. 16 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 16 otherwise in force at 1.4.2006 by S.I. 2006/927, art. 2(a)

Local authority administrationE+W

[F9217Children and young people’s plansE+W

(1)The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.

(2)A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.

(3)In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).

(4)Regulations under this section may in particular make provision as to—

(a)the matters to be dealt with in a children and young people's plan;

(b)the period to which a children and young people's plan is to relate;

(c)when and how a children and young people's plan must be published;

(d)keeping a children and young people's plan under review;

(e)revising a children and young people's plan;

(f)consultation to be carried out during preparation or revision of a children and young people's plan;

(g)other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.

(5)In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.]

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Amendments (Textual)

F92Ss. 17, 17A substituted (26.2.2010 for certain purposes and 1.4.2010 otherwise) for s. 17 by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 194(3), 269; S.I. 2010/303, arts. 2, 3, Sch. 1, Sch. 2

Commencement Information

I7S. 17 not in force at Royal Assent see s. 67(2); s. 17 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[F9317AChildren and young people's plans: implementationE+W

(1)This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.

(2)The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.

(3)The Board must—

(a)monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan;

(b)prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.]

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Amendments (Textual)

F93Ss. 17, 17A substituted (26.2.2010 for certain purposes and 1.4.2010 otherwise) for s. 17 by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 194(3), 269; S.I. 2010/303, arts. 2, 3, Sch. 1, Sch. 2

18Director of children’s servicesE+W

(1)A [F94local authority] in England may, and with effect from the appointed day must, appoint an officer for the purposes of—

(a)the functions conferred on or exercisable by the authority which are specified in subsection (2); and

(b)such other functions conferred on or exercisable by the authority as may be prescribed by the Secretary of State by regulations.

(2)The functions referred to in subsection (1)(a) are—

(a)[F95education] functions conferred on or exercisable by the authority F96. . . ;

(b)functions conferred on or exercisable by the authority which are social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), so far as those functions relate to children;

(c)the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41) (so far as not falling within paragraph (b));

(d)the functions conferred on the authority under sections 10 to 12 [F97, 12C, 12D and 17A] of this Act; F98. . .

(e)any functions exercisable by the authority under [F99section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006] on behalf of an NHS body (within the meaning of [F100those sections]), so far as those functions relate to children[F101; and

(f)the functions conferred on the authority under Part 1 of the Childcare Act 2006.]

(3)Subsection (2)(a) does not include—

(a)functions under section 120(3) of the Education Reform Act 1988 (c. 40) (functions of LEAs with respect to higher and further education);

(b)functions under section 85(2) and (3) of the Further and Higher Education Act 1992 (c. 13) (finance and government of locally funded further and higher education);

(c)functions under section 15B of the Education Act 1996 (c. 56) F102. . . (education for persons who have attained the age of 19);

(d)functions under section 22 of the Teaching and Higher Education Act 1998 (c. 30) (financial support to students);

(e)such other [F103education] functions conferred on or exercisable by a [F94local authority] in England F96. . . as the Secretary of State may by regulations prescribe.

(4)An officer appointed by a [F94local authority] in England under this section is to be known as their “director of children’s services”.

(5)The director of children’s services appointed by a [F94local authority] in England may also have responsibilities relating to such functions conferred on or exercisable by the authority, in addition to those specified in subsection (1), as the authority consider appropriate.

(6)The functions in relation to which a director of children’s services may have responsibilities by virtue of subsection (5) include those referred to in subsection (3)(a) to (e).

(7)A [F94local authority] in England must have regard to any guidance given to them by the Secretary of State for the purposes of this section.

(8)Two or more [F104local authorities] in England may for the purposes of this section, if they consider that the same person can efficiently discharge, for both or all of them, the responsibilities of director of children’s services, concur in the appointment of a person as director of children’s services for both or all of them.

(9)The amendments in Schedule 2—

(a)have effect, in relation to any authority which appoint a director of children’s services before the appointed day, from the day of his appointment; and

(b)on and after the appointed day have effect for all purposes.

[F105(10)In this section—

  • the appointed day” means such day as the Secretary of State may by order appoint;

  • education functions” has the meaning given by section 579(1) of the Education Act 1996.]

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Subordinate Legislation Made

P1S. 18(10) power exercised: 1.1.2008 appointed by {S.I. 2007/1792}, art. 2

Amendments (Textual)

Commencement Information

I8S. 18 not in force at Royal Assent see s. 67(2); s. 18 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2)

19Lead member for children’s servicesE+W

(1)A [F106local authority] in England must, in making arrangements for the discharge of—

(a)the functions conferred on or exercisable by the authority specified in section 18(1)(a) and (b), and

(b)such other functions conferred on or exercisable by the authority as the authority consider appropriate,

designate one of their members as their “lead member for children’s services”.

(2)A [F106local authority] in England must have regard to any guidance given to them by the Secretary of State for the purposes of subsection (1).

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Amendments (Textual)

Inspections of children’s servicesE+W

20Joint area reviewsE+W

(1)Any two or more of the persons and bodies to which this section applies must, at the request of the Secretary of State—

(a)conduct, in accordance with a timetable drawn up by them and approved by the Secretary of State, a review of children’s services provided in—

(i)the area of every [F107local authority] in England;

(ii)the areas of such [F108local authorities] in England as may be specified in the request;

(b)conduct a review of such children’s services provided in the area of such [F107local authority] in England as may be specified in the request.

(2)Any two or more of the persons and bodies to which this section applies may conduct a review of any children’s services provided in the area of a particular [F107local authority] in England.

(3)The purpose of a review under this section is to evaluate the extent to which, taken together, the children’s services being reviewed improve the well-being of children and relevant young persons (and in particular to evaluate how those services work together to improve their well-being).

(4)The persons and bodies to which this section applies are—

(a)the Chief Inspector of Schools;

(b)F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F110(d)the Care Quality Commission;]

F111(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the chief inspector of constabulary;

[F112(g)Her Majesty's Chief Inspector of Probation for England and Wales]

F113(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)the Chief Inspector of Prisons.

(5)Reviews under this section are to be conducted in accordance with arrangements made by the Chief Inspector of Schools.

(6)Before making arrangements for the purposes of reviews under this section the Chief Inspector of Schools must consult such of the other persons and bodies to which this section applies as he considers appropriate.

(7)The annual report of the Chief Inspector of Schools required by [F114subsection (1) of section 121 of the Education and Inspections Act 2006] to be made to the Secretary of State must include an account of reviews under this section; and the power conferred by [F115subsection (3)] of that section to make other reports to the Secretary of State includes a power to make reports about such reviews.

(8)The Secretary of State may by regulations make provision for the purposes of reviews under this section and in particular provision—

(a)requiring or facilitating the sharing or production of information for the purposes of a review under this section (including provision for the creation of criminal offences);

(b)authorising any person or body conducting a review under this section to enter any premises for the purposes of the review (including provision for the creation of criminal offences);

(c)imposing requirements as to the making of a report on each review under this section;

(d)for the making by such persons as may be specified in or under the regulations of written statements of proposed action in the light of the report and the period within which any such action must or may be taken;

(e)for the provision to members of the public of copies of reports and statements made under paragraphs (c) and (d), and for charging in respect of any such provision;

(f)for the disapplication, in consequence of a requirement under this section, of any requirement under any other enactment to conduct an assessment or to do anything in connection with an assessment.

(9)Regulations under subsection (8) may in particular make provision by applying enactments falling within subsection (10), with or without modification, for the purposes of reviews under this section.

(10)The enactments falling within this subsection are enactments relating to the powers of persons and bodies to which this section applies for the purposes of assessments other than reviews under this section.

(11)Regulations under subsection (8) may make provision authorising or requiring the doing of anything by reference to the determination of a person of a description specified in the regulations.

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Amendments (Textual)

Commencement Information

I9S. 20 not in force at Royal Assent see s. 67(2); s. 20 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

21FrameworkE+W

(1)The Chief Inspector of Schools must devise a Framework for Inspection of Children’s Services (“the Framework”).

(2)The Framework must, for the purpose specified in subsection (3), set out principles to be applied by any person or body conducting a relevant assessment.

(3)The purpose referred to in subsection (2) is to ensure that relevant assessments properly evaluate and report on the extent to which children’s services improve the well-being of children and relevant young persons.

(4)The principles in the Framework may—

(a)include principles relating to the organisation of the results of any relevant assessment;

(b)make different provision for different cases.

(5)For the purposes of subsections (2) to (4) a relevant assessment is an assessment conducted under any enactment in relation to any children’s services.

(6)When devising the Framework, the Chief Inspector of Schools must consult the other persons and bodies to which section 20 applies.

(7)The Chief Inspector of Schools must publish the Framework, but before doing so must—

(a)consult such persons and bodies, other than those referred to in subsection (6), as he thinks fit; and

(b)obtain the consent of the Secretary of State.

(8)The Chief Inspector of Schools may at any time revise the Framework (and subsections (6) and (7) apply in relation to revisions to the Framework as to the original Framework).

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Commencement Information

I10S. 21 not in force at Royal Assent see s. 67(2); s. 21 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

22Co-operation and delegationE+W

(1)Each person or body with functions under any enactment of conducting assessments of children’s services must for the purposes of those assessments co-operate with other persons or bodies with such functions.

(2)A person or body with functions under any enactment of conducting assessments of children’s services may delegate any of those functions to any other person or body with such functions.

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Commencement Information

I11S. 22 not in force at Royal Assent see s. 67(2); s. 22 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

23Sections 20 to 22: interpretationE+W

(1)This section applies for the purposes of sections 20 to 22.

(2)Assessment” includes an inspection, review, investigation or study.

(3)Children’s services” means—

(a)anything done for or in relation to children and relevant young persons (alone or with other persons)—

(i)in respect of which, apart from section 20, a person or body to which that section applies conducts any kind of assessment, or secures that any kind of assessment is conducted; and

(ii)which is specified in, or is of a description prescribed by, regulations made by the Secretary of State;

(b)any function under sections 10 and [F11612B] to 19; F117. . .

(c)any function conferred on a [F118local authority] under section 12[F119; and

(d)any function conferred on a local authority under Part 1 of the Childcare Act 2006.]

(4)Relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

[F120(5)The Chief Inspector of Schools” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.]

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Amendments (Textual)

Commencement Information

I12S. 23 not in force at Royal Assent see s. 67(2); s. 23 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

24Performance rating of social servicesE+W

F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part 3E+WChildren’s services in Wales

GeneralE+W

25Co-operation to improve well-being: WalesE+W

(1)Each [F122local authority] in Wales must make arrangements to promote co-operation between—

(a)the authority;

(b)each of the authority’s relevant partners; and

(c)such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area.

[F123(1A)Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions.]

[F124(2)The arrangements under subsections (1) and (1A) are to be made with a view to—

(a)improving the well-being of children within the authority's area, in particular those with needs for care and support;

(b)improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision);

(c)protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989).]

(3)In making arrangements under this section a [F122local authority] in Wales must have regard to the importance of parents and other persons caring for children in improving the well-being of children.

(4)For the purposes of this section each of the following is the relevant partner of a [F122local authority] in Wales—

(a)[F125the local policing body] and the chief officer of police for a police area any part of which falls within the area of the [F122local authority];

[F126(aa)any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section;]

(b)a local probation board for an area any part of which falls within the area of the authority;

[F127(ba)the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;

(bb)any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;]

(c)a youth offending team for an area any part of which falls within the area of the authority;

(d)a Local Health Board for an area any part of which falls within the area of the authority;

(e)an NHS trust providing services in the area of the authority;

[F128(f)the [F129Welsh Ministers] to the extent that [F129they are] discharging functions under Part 2 of the Learning and Skills Act 2000]

[F130(g)such a person, or a person of such description, as regulations made by the Welsh Ministers may specify.]

[F131(4A)Regulations under subsection (4)(g) may not specify a Minister of the Crown or the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) unless the Secretary of State consents.]

(5)The relevant partners of a [F122local authority] in Wales must co-operate with the authority in the making of arrangements under this section.

(6)A [F122local authority] in Wales and any of their relevant partners may for the purposes of arrangements under this section—

(a)provide staff, goods, services, accommodation or other resources;

(b)establish and maintain a pooled fund.

(7)For the purposes of subsection (6) a pooled fund is a fund—

(a)which is made up of contributions by the authority and the relevant partner or partners concerned; and

(b)out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.

(8)A [F122local authority] in Wales and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the [F132Welsh Ministers].

(9)The [F133Welsh Ministers] must obtain the consent of the Secretary of State before giving guidance under subsection (8) at any time after the coming into force of any of paragraphs (a) to (c) of subsection (4).

[F134(9A)Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member.]

(10)Arrangements under this section may include arrangements relating to—

(a)persons aged 18 and 19;

(b)persons over the age of 19 who are receiving—

[F135(i)services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or]

(ii)youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21)).

[F136(11)In this section—

  • care and support ” means—

    (a)

    care;

    (b)

    support;

    (c)

    both care and support;

  • well-being ” means well-being in relation to any of the following—

    (a)

    physical and mental health and emotional well-being;

    (b)

    protection from abuse and neglect;

    (c)

    education, training and recreation;

    (d)

    domestic, family and personal relationships;

    (e)

    contribution made to society;

    (f)

    securing rights and entitlements;

    (g)

    social and economic well-being;

    (h)

    suitability of living accommodation;

    (i)

    physical, intellectual, emotional, social and behavioural development;

    and it includes “welfare” as that word is interpreted for the purposes of the Children Act 1989.]

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Amendments (Textual)

Commencement Information

I13S. 25 not in force at Royal Assent see s. 67(3); s. 25 in force for W. at 1.9.2006 by S.I. 2006/870, art. 2

F13726Children and young people’s plans: WalesE+W

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

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Amendments (Textual)

27[F138Responsibility for functions under section 25]E+W

(1)A [F139local authority] in Wales must—

(a)appoint an officer, to be known as the “lead director for children and young people’s services”, for the purposes of co-ordinating and overseeing arrangements made under [F140section 25 ]; and

(b)designate one of their members, to be known as the “lead member for children and young people’s services”, to have as his special care the discharge of the authority’s functions under [F141that section].

(2)A Local Health Board must—

(a)appoint an officer, to be known as the Board’s “lead officer for children and young people’s services”, for the purposes of the Board’s functions under section 25; and

(b)designate one of the Board’s members who is not an officer as its “lead member for children and young people’s services” to have the discharge of those functions as his special care.

(3)An NHS trust to which section 25 applies must—

(a)appoint an executive director, to be known as the trust’s “lead executive director for children and young people’s services”, for the purposes of the trust’s functions under that section; and

(b)designate one of the trust’s non-executive directors as its “lead non-executive director for children and young people’s services” to have the discharge of those functions as his special care.

(4)Each [F139local authority] in Wales, Local Health Board and NHS trust to which section 25 applies must have regard to any guidance given to them by the Assembly in relation to—

(a)their functions under this section;

(b)the responsibilities of the persons appointed or designated by them under this section.

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Amendments (Textual)

Commencement Information

I14S. 27 not in force at Royal Assent see s. 67(3); s. 27 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

28Arrangements to safeguard and promote welfare: WalesE+W

(1)This section applies to each of the following—

(a)a [F142local authority] in Wales;

(b)a Local Health Board;

(c)an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;

(d)the [F143local policing body] and chief officer of police for a police area in Wales;

(e)the British Transport Police Authority, so far as exercising functions in relation to Wales;

[F144(ea)the National Crime Agency;]

(f)a local probation board for an area in Wales;

[F145( fa )the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;]

(g)a youth offending team for an area in Wales;

(h)the governor of a prison or secure training centre in Wales (or, in the case of a contracted out prison or secure training centre, its director);

[F146(ha)the principal of a secure college in Wales;]

(i)any person to the extent that he is providing services pursuant to arrangements made by a [F142local authority] in Wales under section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth support services).

(2)Each person and body to whom this section applies must make arrangements for ensuring that—

(a)their functions are discharged having regard to the need to safeguard and promote the welfare of children; and

(b)any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

(3)In the case of a [F142local authority] in Wales, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.

(4)The persons and bodies referred to in subsection (1)(a) to (c) and (i) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Assembly.

(5)The persons and bodies referred to in subsection (1)(d) to (h) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State after consultation with the Assembly.

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Amendments (Textual)

Commencement Information

I15S. 28 not in force at Royal Assent see s. 67(3); s. 28(1)(a)-(c)(i)(3)(4) in force for W. and s. 28(2) in force for W. for certain purposes at 1.4.2006 by S.I. 2006/885, art. 2(2)

I16S. 28(1)(d)-(h)(5) in force at 9.9.2013 by S.I. 2013/2247, art. 2(a)(c)

I17S. 28(2) in force at 9.9.2013 in so far as not already in force by S.I. 2013/2247, art. 2(b)

Prospective

29Information databases: WalesE+W

(1)The Assembly may for the purpose of arrangements under section 25 or 28 above or under section 175 of the Education Act 2002—

(a)by regulations require [F147local authorities] in Wales to establish and operate databases containing information in respect of persons to whom such arrangements relate;

(b)itself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.

(2)The Assembly may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.

(3)A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.

(4)The information referred to in subsection (3) is information of the following descriptions in relation to a person—

(a)his name, address, gender and date of birth;

(b)a number identifying him;

(c)the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;

(d)details of any education being received by him (including the name and contact details of any educational institution attended by him);

(e)the name and contact details of any person providing primary medical services in relation to him under [F148the National Health Service (Wales) Act 2006];

(f)the name and contact details of any person providing to him services of such description as the Assembly may by regulations specify;

(g)information as to the existence of any cause for concern in relation to him;

(h)information of such other description, not including medical records or other personal records, as the Assembly may by regulations specify.

(5)The Assembly may by regulations make provision in relation to the establishment and operation of any database or databases under this section.

(6)Regulations under subsection (5) may in particular make provision—

(a)as to the information which must or may be contained in any database under this section (subject to subsection (3));

(b)requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;

(c)permitting a person or body specified in subsection (8) to disclose information for inclusion in the database;

(d)permitting or requiring the disclosure of information included in any such database;

(e)permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;

(f)as to the conditions on which such access must or may be given;

(g)as to the length of time for which information must or may be retained;

(h)as to procedures for ensuring the accuracy of information included in any such database;

(i)in a case where a database is established by virtue of subsection (1)(b), requiring [F147local authorities] in Wales to participate in the operation of the database.

(7)The persons and bodies referred to in subsection (6)(b) are—

(a)the persons and bodies specified in section 28(1);

[F149(b)the National Assembly for Wales to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000]

(c)the governing body of a maintained school in Wales (within the meaning of section 175 of the Education Act 2002 (c. 32));

(d)the governing body of an institution in Wales within the further education sector (within the meaning of that section);

(e)the proprietor of an independent school in Wales (within the meaning of the Education Act 1996 (c. 56));

(f)a person or body of such other description as the Assembly may by regulations specify.

(8)The persons and bodies referred to in subsection (6)(c) are—

(a)a person registered in Wales for child minding or the provision of day care under [F150Part 2 of the Children and Families (Wales) Measure 2010];

(b)a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;

(c)the Commissioners of Inland Revenue;

(d)a registered social landlord [F151or private registered provider of social housing];

(e)a person or body of such other description as the Assembly may by regulations specify.

(9)The Assembly and the Secretary of State may provide information for inclusion in a database under this section.

(10)The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.

(11)Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.

(12)Regulations under subsections (1)(a) and (5) may only be made with the consent of the Secretary of State.

(13)Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person by the Assembly.

(14)Guidance or directions under subsection (13) may in particular relate to—

(a)the management of a database under this section;

(b)the technical specifications for any such database;

(c)the security of any such database;

(d)the transfer and comparison of information between databases under this section;

(e)the giving of advice in relation to rights under the Data Protection Act 1998 (c. 29).

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Amendments (Textual)

F150Words in s. 29(8)(a) substituted (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 16; S.I. 2010/2582, art. 2, Sch. 1

30Inspection of functions under this PartE+W

(1)Chapter 6 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (functions of the Assembly in relation to social services) shall apply as if anything done by a [F152local authority] in Wales in the exercise of functions to which this section applies were a Welsh local authority social service within the meaning of that Part.

(2)This section applies to the following functions of a [F152local authority]

(a)the authority’s functions under section 25 F153..., except so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21));

(b)the authority’s functions under section 28;

(c)any function conferred on the authority under section 29.

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Amendments (Textual)

Commencement Information

I18S. 30 not in force at Royal Assent see s. 67(3); s. 30 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

Local Safeguarding Children BoardsE+W

F15431Establishment of LSCBs in WalesE+W

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

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Amendments (Textual)

F15432Functions and procedure of LSCBs in WalesE+W

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

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Amendments (Textual)

Prospective

F15432ASupply of information requested by LSCBs in WalesE+W

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Amendments (Textual)

F15433Funding of LSCBs in WalesE+W

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

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Amendments (Textual)

F15434LSCBs in Wales: supplementaryE+W

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

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Amendments (Textual)

Part 4 E+WAdvisory and support services for family proceedings

CAFCASS functions in WalesE+W

35Functions of the Assembly relating to family proceedingsE+W

(1)In respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question, it is a function of the Assembly to—

(a)safeguard and promote the welfare of the children;

(b)give advice to any court about any application made to it in such proceedings;

(c)make provision for the children to be represented in such proceedings;

(d)provide information, advice and other support for the children and their families.

(2)The Assembly must also make provision for the performance of the functions conferred on Welsh family proceedings officers by virtue of any enactment (whether or not they are exercisable for the purposes of subsection (1)).

(3)In subsection (1), “family proceedings” has the meaning given by section 12 of the Criminal Justice and Court Services Act 2000 (c. 43).

(4)In this Part, “Welsh family proceedings officer” means—

(a)any member of the staff of the Assembly appointed to exercise the functions of a Welsh family proceedings officer; and

(b)any other individual exercising functions of a Welsh family proceedings officer by virtue of section 36(2) or (4).

36Ancillary powers of the AssemblyE+W

(1)The Assembly may make arrangements with organisations under which the organisations perform the functions of the Assembly under section 35 on its behalf.

(2)Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of Welsh family proceedings officers.

(3)The Assembly may only make an arrangement under subsection (1) if it is of the opinion—

(a)that the functions in question will be performed efficiently and to the required standard; and

(b)that the arrangement represents good value for money.

(4)The Assembly may make arrangements with individuals under which they may perform functions of Welsh family proceedings officers.

(5)The Assembly may make arrangements with an organisation or individual under which staff of the Assembly engaged in the exercise of its functions under section 35 may work for the organisation or individual.

(6)The Assembly may make arrangements with an organisation or individual under which any services provided by the Assembly’s staff to the Assembly in the exercise of its functions under section 35 are also made available to the organisation or individual.

(7)The Assembly may charge for anything done under arrangements under subsection (5) and (6).

(8)In this section, references to organisations include public bodies and private or voluntary organisations.

37Welsh family proceedings officersE+W

(1)The Assembly may authorise a Welsh family proceedings officer of a description prescribed in regulations made by the Secretary of State—

(a)to conduct litigation in relation to any proceedings in any court,

(b)to exercise a right of audience in any proceedings in any court,

in the exercise of his functions.

(2)A Welsh family proceedings officer exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of [F155the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity] is to be treated as having acquired that right solely by virtue of this section.

(3)A Welsh family proceedings officer exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of [F156the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity] is to be treated as having acquired that right solely by virtue of this section.

(4)A Welsh family proceedings officer may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.

(5)But a Welsh family proceedings officer may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with this section.

(6)In this section, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the Courts and Legal Services Act 1990.

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Amendments (Textual)

38InspectionsE+W

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

39Protection of childrenE+W

(1)The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as if the Assembly, in performing its functions under sections 35 and 36, were a child care organisation within the meaning of that Act.

(2)Arrangements which the Assembly makes with an organisation under section 36(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—

(a)must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and

(b)if he is included in any of those lists, must not select him for that employment.

(3)Such arrangements must provide that, if at any time the organisation has power to refer an individual who is or has been employed in a child care position under the arrangements to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary actions etc), the organisation must so refer him.

(4)In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.

40Advisory and support services for family proceedings: supplementaryE+W

Schedule 3 (which makes supplementary and consequential provision relating to this Part, including provision relating to functions of Welsh family proceedings officers) has effect.

41Sharing of informationE+W

(1)The Assembly and the Children and Family Court Advisory and Support Service may provide any information to each other for the purposes of their respective functions under this Part and Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43).

(2)A Welsh family proceedings officer and an officer of the Service (within the meaning given by section 11(3) of that Act) may provide any information to each other for the purposes of any of their respective functions.

TransfersE+W

42Transfer of property from CAFCASS to AssemblyE+W

(1)For the purposes of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer to the Assembly of property, rights and liabilities of the Children and Family Court Advisory and Support Service (in this section, “CAFCASS”).

(2)The reference in subsection (1) to rights and liabilities does not include rights and liabilities under a contract of employment.

(3)A scheme under this section may—

(a)specify the property, rights and liabilities to be transferred by the scheme; or

(b)provide for the determination, in accordance with the scheme, of the property, rights and liabilities to be transferred by the scheme.

(4)A scheme under this section may include provision for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.

(5)A scheme under this section has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.

(6)A right of pre-emption or reverter or other similar right does not operate or become exercisable as a result of any transfer under a scheme under this section; and in the case of such a transfer, any such right has effect as if the Assembly were the same person in law as CAFCASS and as if the transfer had not taken place.

(7)The Assembly is to pay such compensation as is just to any person in respect of any right which would, apart from subsections (5) and (6), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those subsections, cannot subsequently operate in his favour or become exercisable by him.

(8)A scheme under this section may provide for the determination of any disputes as to whether and, if so, how much compensation is payable under subsection (7).

(9)Subsections (5) to (8) apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property.

(10)A certificate issued by the Secretary of State and the Assembly jointly that any property, rights or liabilities have or have not been transferred by a scheme under this section is conclusive evidence as to whether they have or have not been so transferred.

43Transfer of staff from CAFCASS to AssemblyE+W

(1)For the purpose of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer of employees of CAFCASS to the Assembly.

(2)A scheme under this section may apply—

(a)to any description of employees of CAFCASS;

(b)to any individual employee of CAFCASS.

(3)A contract of employment of an employee transferred under a scheme under this section—

(a)is not terminated by the transfer; and

(b)has effect from the date of the transfer under the scheme as if originally made between the employee and the Assembly.

(4)Where an employee is so transferred—

(a)all the rights, powers, duties and liabilities of CAFCASS under or in connection with the contract of employment are by virtue of this subsection transferred to the Assembly on the date of the transfer under the scheme; and

(b)anything done before that date by or in relation to CAFCASS in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the Assembly.

This subsection does not prejudice the generality of subsection (3).

(5)But if the employee informs the Assembly or CAFCASS that he objects to the transfer—

(a)subsections (3) and (4) do not apply; and

(b)his contract of employment is terminated immediately before the date of transfer but the employee is not to be treated, for any reason, as having been dismissed by CAFCASS.

(6)This section does not prejudice any right of an employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

(7)A scheme may be made under this section only if any requirements about consultation prescribed in regulations made by the Secretary of State and the Assembly jointly have been complied with in relation to each of the employees of CAFCASS to be transferred under the scheme.

(8)In this section “CAFCASS” has the same meaning as in section 42.

Part 5 E+W+S+N.I.Miscellaneous

Private fosteringE+W

44Amendments to notification schemeE+W

(1)Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered children) is amended as specified in subsections (2) to (6).

(2)In subsection (1)—

(a)after “who are” insert “ or are proposed to be ”;

(b)after “is being” insert “ or will be ”;

(c)for “caring for” substitute “ concerned with ”.

(3)After subsection (2) insert—

(2A)Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered.

(4)In subsection (3) for “to visit privately fostered children” substitute “ for the purpose ”.

(5)In subsection (5)—

(a)after “child who is” insert “ or is proposed to be ”;

(b)after “is being” insert “ or will be ”.

(6)After subsection (5) insert—

(6)The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).

(7)In Schedule 8 to that Act (privately fostered children) after paragraph 7 insert—

7AEvery local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.

(8)The reference to that Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section.

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Commencement Information

I19S. 44 wholly in force at 1.4.2006; s. 44 not in force at Royal Assent see s. 67(7); s. 44 in force for E. for certain purposes at 1.4.2005 and in force at 1.7.2005 in so far as not yet in force by S.I. 2005/394, art. 2(2)(3); s. 44 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

45Power to establish registration scheme in EnglandE+W

(1)The Secretary of State may by regulations require any person who fosters a child privately in the area of a [F158local authority ] in England to be registered for private fostering by that authority in accordance with the regulations.

(2)Regulations under this section may make supplementary provision relating to the registration of persons for private fostering, including provision as to—

(a)how a person applies for registration and the procedure to be followed in considering an application;

(b)the requirements to be satisfied before a person may be registered;

(c)the circumstances in which a person is disqualified from being registered;

(d)the circumstances in which an application for registration may or must be granted or refused;

(e)the payment of a fee on the making or granting of an application for registration;

(f)the imposition of conditions on registration and the variation or cancellation of such conditions;

(g)the circumstances in which a person’s registration may be, or be regarded as, cancelled;

(h)the making of appeals against any determination of a [F158local authority ] in England in relation to a person’s registration;

(i)temporary registration, or circumstances in which a person may be regarded as registered;

(j)requirements to be complied with by a [F158local authority ] in England or a person registered under the regulations.

(3)The provision which may be made under subsection (2)(a) includes provision that any person who, in an application for registration under the regulations, knowingly makes a statement which is false or misleading in a material particular is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)The requirements for which provision may be made under subsection (2)(b) include requirements relating to—

(a)the suitability of the applicant to foster children privately;

(b)the suitability of the premises in which it is proposed to foster children privately (including their suitability by reference to any other person living there).

(5)The provision which may be made under subsection (2)(c) includes provision that a person may be disqualified where—

(a)an order of a kind specified in the regulations has been made at any time with respect to him;

(b)an order of a kind so specified has been made at any time with respect to any child who has been in his care;

(c)a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;

(d)he has been convicted of a criminal offence of a kind so specified, or a probation order has been made in respect of him for any such offence or he has been discharged absolutely or conditionally for any such offence;

(e)a prohibition has been imposed on him under any specified enactment;

(f)his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment;

(g)he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed.

(6)The provision which may be made under subsection (2)(c) also includes provision for a [F158local authority ] in England to determine whether a person is or is not to be disqualified.

(7)The conditions for which provision may be made under subsection (2)(f) include conditions relating to—

(a)the maintenance of premises in which children are, or are proposed to be, privately fostered;

(b)any other persons living at such premises.

(8)The provision which may be made under subsection (2)(j) includes—

(a)a requirement that a person registered under the regulations obtain the consent of the [F158local authority ] in England by whom he is registered before privately fostering a child;

(b)provision relating to the giving of such consent (including provision as to the circumstances in which, or conditions subject to which, it may or must be given).

(9)The provision which may be made under subsection (2)(j) also includes—

(a)a requirement for a [F158local authority ] in England to undertake annual inspections in relation to persons registered under the regulations (whether in fact privately fostering children or not); and

(b)provision for the payment of a fee by registered persons in respect of such inspections.

(10)Regulations under this section may—

(a)authorise a [F158local authority ] in England to issue a notice to any person whom they believe to be fostering a child privately in their area without being registered in accordance with the regulations; and

(b)provide that a person who, without reasonable excuse, fosters a child privately without being registered in accordance with the regulations while such a notice is issued in respect of him is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)Regulations under this section may provide that a person registered under the regulations who without reasonable excuse contravenes or otherwise fails to comply with any requirement imposed on him in the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12)Regulations under this section may provide that a person who fosters a child privately while he is disqualified from being registered is guilty of an offence unless—

(a)he is disqualified by virtue of the fact that he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed; and

(b)he did not know, and had no reasonable grounds for believing, that that person was so disqualified.

(13)Where regulations under this section make provision under subsection (12), they must provide that a person who is guilty of the offence referred to in that subsection is liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale, or

(b)a term of imprisonment not exceeding 51 weeks (or, in the case of an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), not exceeding six months), or

(c)both.

(14)Regulations under this section may—

(a)make consequential amendments (including repeals) to sections 67(2) to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the Children Act 1989 (c. 41);

(b)amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) as to add functions of a [F158local authority ] in England under this section to the functions listed in that Schedule.

(15)Nothing in this section affects the scope of section 66(1).

(16)For the purposes of this section references to a person fostering a child privately have the same meaning as in the Children Act 1989.

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Amendments (Textual)

46Power to establish registration scheme in WalesE+W

(1)The Assembly may by regulations require any person who fosters a child privately in the area of a [F159local authority ] in Wales to be registered for private fostering by that authority in accordance with the regulations.

(2)Subsections (2) to (15) of section 45 apply in relation to regulations under this section as they apply in relation to regulations under that section with the substitution for references to a [F159local authority ] in England of references to a [F159local authority ] in Wales.

(3)Subsection (16) of that section applies for the purposes of this section.

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Amendments (Textual)

47Expiry of powers in sections 45 and 46E+W

(1)If no regulations have been made under section 45 by the relevant time, that section shall (other than for the purposes of section 46(2) and (3)) cease to have effect at that time.

(2)If no regulations have been made under section 46 by the relevant time, that section shall cease to have effect at that time.

(3)In this section, the relevant time is the end of the period of [F160seven] years beginning with the day on which this Act is passed.

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Amendments (Textual)

F160Word in s. 47(3) substituted (12.2.2009 for E. and 6.4.2009 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 35, 44(3)-(5); S.I. 2009/268, art. 3; S.I. 2009/728, art. 2

Child minding and day careE+W

48Child minding and day careE+W

Schedule 4 (which makes provision amending Part 10A of the Children Act 1989 (c. 41) in relation to child minding and day care) has effect.

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Commencement Information

I20S. 48 not in force at Royal Assent see s. 67(7); s. 48 in force for certain purposes for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 48 in force for E. in so far as not already in force at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); s. 48 partly in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Local authority servicesE+W

49Payments to foster parentsE+W

(1)The appropriate person may by order make provision as to the payments to be made—

(a)by a [F161local authority] in England or Wales or a person exercising functions on its behalf to a local authority foster parent with whom any child is placed by that authority or person under section [F16222C] of the Children Act 1989[F163or section 81 of the Social Services and Well-being (Wales) Act 2014];

(b)by a voluntary organisation to any person with whom any child is placed by that organisation under section 59(1)(a) of [F164the Children Act 1989].

(2)In subsection (1)—

  • appropriate person” means—

    (a)

    the Secretary of State, in relation to a [F161local authority] in England;

    (b)

    the Assembly, in relation to a [F161local authority] in Wales;

  • F165...

  • [F166“local authority foster parent” has the same meaning as in section 105(1) of the Children Act 1989;

  • “voluntary organisation” has the same meaning as in the Children Act 1989.]

(3) In section 23(2)(a) of the Children Act 1989, at the end insert . “ (subject to section 49 of the Children Act 2004) ”

(4) In section 59(1)(a) of that Act, at the end insert “ (subject to section 49 of the Children Act 2004) ” .

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Amendments (Textual)

F162 Word in s. 49(1)(a) substituted (1.4.2011 for E. and 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23) , ss. 8(2) , 44 , Sch. 1 para. 17 ; S.I. 2010/2981 , art. 4(a) ; S.I. 2016/452, art. 2(b)

50Intervention [F167 – England ]E+W

[F168(1)Section 497A of the Education Act 1996 (power to secure proper performance of a local authority's education functions) applies in relation to the functions of a local authority [F169in England ] which are specified in subsection (2) as it applies in relation to a local authority's education functions.

(1A) In subsection (1) “ education functions ” has the meaning given by section 579(1) of the Education Act 1996. ]

(2)[F170The functions of a local authority are—]

(a)functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;

(b)the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (so far as not falling within paragraph (a)); and

(c)the functions conferred on the authority under sections 10, 12 [F171, 12C, 12D and 17A] above (in the case of a [F172local authority] in England) F173...

(3)In subsection (2)(a) “social services functions” has the same meaning as in the the Local Authority Social Services Act 1970 (c. 42).

(4)Sections 497AA and 497B of the Education Act 1996 apply accordingly where powers under section 497A of that Act are exercised in relation to any of the [F174functions of a local authority which are specified in subsection (2)].

(5)F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (5) of section 497A of that Act, the reference to functions to which that section applies includes (for all purposes) [F176the functions of a local authority which are specified in subsection (2)].

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Amendments (Textual)

Commencement Information

I21S. 50 wholly in force at 1.10.2006; s. 50 not in force at Royal Assent see s. 67(7); s. 50 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 50 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

[F17750AIntervention – WalesE+W

(1)Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to the functions of a local authority in Wales which are specified in subsection (2) as it applies in relation to a local authority's education functions but as if the only relevant ground for intervention were ground 3 in section 21 of that Act.

(2)The functions of a local authority are—

F178( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the functions conferred on the authority under sections 25 F179 ... and 29 above.

(3)In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) the functions of the local authority which are specified in subsection (2).

(4)In this section—

  • education functions ” has the meaning given by section 579(1) of the Education Act 1996; ]

  • F180...

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Amendments (Textual)

51Inspection of local education authoritiesE+W

In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for subsection (2) substitute—

(2)An inspection of a local education authority in England under this section shall consist of a review of the way in which the authority are performing any function conferred on them in their capacity as a local education authority, other than a function falling within the remit of the Adult Learning Inspectorate under section 53 of the Learning and Skills Act 2000 (c. 21).

(2A)An inspection of a local education authority in Wales under this section shall consist of a review of the way in which the authority are performing—

(a)any function conferred on them in their capacity as a local education authority; and

(b)the functions conferred on them under sections 25 and 26 so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).

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Commencement Information

I22S. 51 wholly in force at 31.7.2008; s. 51 not in force at Royal Assent see s. 67(7); s. 51 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); s. 51 in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2

52Duty of local authorities to promote educational achievementE+W

In section 22 of the Children Act 1989 (c. 41) (general duty of local authority in relation to children looked after by them), after subsection (3) insert—

(3A)The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.

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Commencement Information

I23S. 52 wholly in force at 1.10.2006; s. 52 not in force at Royal Assent see s. 67(7); s. 52 in force for E. at 1.7.2005 by S.I. 2005/394, art. 2(3); s. 52 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

53Ascertaining children’s wishesE+W

(1)In section 17 of the Children Act 1989 (provision of services to children), after subsection (4) insert—

(4A)Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes and feelings regarding the provision of those services; and

(b)give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

(2)In section 20 of that Act (provision of accommodation for children: general), in subsection (6)(a) and (b), after “wishes” insert “ and feelings ”.

(3)In section 47 of that Act (local authority’s duty to investigate), after subsection (5) insert—

(5A)For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and

(b)give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

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Commencement Information

I24S. 53 wholly in force at 1.4.2006; s. 53 not in force at Royal Assent see s. 67(7); s. 53 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 53 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

54Information about individual childrenE+W

In section 83 of the Children Act 1989 (c. 41) (research and returns of information), after subsection (4) insert—

(4A)Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.

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Commencement Information

I25S. 54 wholly in force at 1.4.2006; s. 54 not in force at Royal Assent see s. 67(7); s. 54 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 54 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

55Social services committeesE+W

(1)Sections 2 to 5 of the Local Authority Social Services Act 1970 (c. 42) (social services committees) shall cease to have effect.

(2)In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute “ SOCIAL SERVICES FUNCTIONS ”.

(3)In section 63(8) of the Health Services and Public Health Act 1968 (c. 46) (instruction), in paragraph (a) of the definition of “relevant enactments”, for the words from “for the time being” to “section 2” substitute “ are social services functions within the meaning ”.

(4)In Schedule 1 to the Local Government and Housing Act 1989 (c. 42) (political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of “ordinary committee”, for the words from “the authority's” to “any other committee” substitute “ any committee ”.

(5)In section 102 of the Local Government Act 2000 (c. 22) (social services functions)—

(a)omit subsection (1);

(b)in subsection (2), for “that Act” substitute “ the Local Authority Social Services Act 1970 ”.

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Commencement Information

I26S. 55 wholly in force at 1.4.2006; s. 55 not in force at Royal Assent see s. 67(7); s. 55 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); s. 55 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

F18156Social services functionsE+W

In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions which are social services functions), at the end insert—

Children Act 2004

Sections 13 to 16 and 31 to 34

Functions relating to Local Safeguarding Children Boards.

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Amendments (Textual)

F181S. 56 partly in force; s. 56 not in force at Royal Assent see s. 67(7); s. 56 in force for E. for certain purposes at 1.4.2006 by S.I. 2006/927, art. 2(b); s. 56 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

Other provisionsE+W+S+N.I.

57Fees payable to adoption review panel membersE+W

In section 12 of the Adoption and Children Act 2002 (c. 38) (independent review of determinations), in subsection (3)(d) (power to make provision as to the payment of expenses of members of a panel) for “expenses of” substitute “ fees to ”.

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Commencement Information

I27S. 57 wholly in force at 30.12.2005; s. 57 not in force at Royal Assent see s. 67(7); s. 57 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 57 in force for W. at 30.12.2005 by S.I. 2005/3363, art. 2

58Reasonable punishmentE+W

(1)In relation to any offence specified in subsection (2), battery of a child cannot be justified on the ground that it constituted reasonable punishment.

(2)The offences referred to in subsection (1) are—

(a)an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm);

(b)an offence under section 47 of that Act (assault occasioning actual bodily harm);

(c)an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16).

(3)Battery of a child causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.

(4)For the purposes of subsection (3) “actual bodily harm” has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861.

(5)In section 1 of the Children and Young Persons Act 1933, omit subsection (7).

59Power to give financial assistanceE+W

(1)Section 14 of the Education Act 2002 (c. 32) (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as specified in subsections (2) to (4).

(2)In subsection (2) of that section (purposes for which assistance may be given), at the end insert—

(j)the promotion of the welfare of children and their parents;

(k)the provision of support for parenting (including support for prospective parents).

(3)After that subsection insert—

(2A)In subsection (2)(j), “children” means persons under the age of twenty.

(4)In the heading to that section, for “childcare” substitute “ children etc ”.

(5)In the heading to Part 2 of that Act, for “childcare” substitute “ children etc ”.

60Child safety ordersE+W

(1)The Crime and Disorder Act 1998 (c. 37) is amended as follows.

(2)In section 8(1)(a) (power to make parenting order where a child safety order is made), at the end insert “or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order”.

(3)In section 11(4) (maximum period permitted for child safety orders), for the words from “three months” to the end substitute “ twelve months ”.

(4)In section 12, omit subsections (6)(a) and (7) (power to make care order on breach of child safety order).

61Children’s Commissioner for Wales: powers of entryE+W

In the Care Standards Act 2000 (c. 14), in section 76 (further functions of Children’s Commissioner for Wales), at the end insert—

(8)The Commissioner or a person authorised by him may for the purposes of any function of the Commissioner under section 72B or 73 or subsection (4) of this section at any reasonable time—

(a)enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and

(b)if the child consents, interview the child in private.

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Commencement Information

I28S. 61 not in force at Royal Assent see s. 67(7); s. 61 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

62Publication of material relating to legal proceedingsE+W

(1)In section 97(2) of the Children Act 1989 (c. 41) (privacy for children involved in certain proceedings), after “publish” insert “ to the public at large or any section of the public ”.

(2)In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), at the end insert “(and in particular where the publication is not so punishable by reason of being authorised by rules of court)”.

(3)In section 66 of the Adoption Act 1976 (c. 36) (rules of procedure), after subsection (5) insert—

(5A)Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

(4)In section 145(1) of the Magistrates' Courts Act 1980 (c. 43) (rules: supplementary), after paragraph (g) insert—

(ga)authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to proceedings referred to in section 12(1)(a) of the Administration of Justice Act 1960 which are held in private;.

(5)In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (family proceedings rules), in paragraph (a) after “County Courts Act 1984;” insert—

(aa)authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;.

(6)In section 141 of the Adoption and Children Act 2002 (c. 38) (rules of procedure) at the end insert—

(6)Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

(7)In section 76 of the Courts Act 2003 (c. 39) (Family Procedure Rules: further provision) after subsection (2) insert—

(2A)Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.

63Disclosure of information by Inland RevenueE+W+S+N.I.

(1)In Schedule 5 to the Tax Credits Act 2002 (c. 21) (use and disclosure of information), after paragraph 10 insert—

Provision of information by Board for purposes relating to welfare of children

10A(1)This paragraph applies to information, other than information relating to a person’s income, which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—

(a)by the Board, or

(b)by a person providing services to the Board, in connection with the provision of those services.

(2)Information to which this paragraph applies may be supplied to—

(a)a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child;

(b)a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child;

(c)an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child.

(3)Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied—

(a)for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above,

(b)for the purpose of civil or criminal proceedings, or

(c)where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board.

(4)Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board.

(5)A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made—

(a)in accordance with sub-paragraph (3),

(b)in accordance with an enactment or an order of a court,

(c)with consent given by or on behalf of the person to whom the information relates, or

(d)in such a way as to prevent the identification of the person to whom it relates.

(6)It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful.

(7)A person guilty of an offence under sub-paragraph (5) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both;

(c)on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(8)In sub-paragraph (2) “child” means a person under the age of eighteen and—

(a)in paragraph (a), “local authority” has the meaning given by section 105(1) of the Children Act 1989;

(b)in paragraph (b), “local authority” has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and

(c)in paragraph (c), “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)).

(9)The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(2)In relation to an offence committed under sub-paragraph (5) of paragraph 10A of Schedule 5 to the Tax Credits Act 2002 (c. 21) (as inserted by subsection (1) above) before the commencement of section 154 of the Criminal Justice Act 2003, the reference in sub-paragraph (7)(b) of that paragraph to twelve months shall be read as a reference to six months.

Part 6 E+W+S+N.I.General

64RepealsE+W

The enactments specified in Schedule 5 are repealed to the extent specified.

65InterpretationE+W+S+N.I.

(1)In this Act—

  • the Assembly” means the National Assembly for Wales;

  • child” means, subject to section 9, a person under the age of eighteen (and “children” is to be construed accordingly);

  • F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F183local authority ” means—

    (a)

    a local authority in England;

    (b)

    a local authority in Wales;

  • local authority in England ” means—

    (a)

    a county council in England;

    (b)

    a metropolitan district council;

    (c)

    a non-metropolitan district council for an area for which there is no county council;

    (d)

    a London Borough council;

    (e)

    the Common Council of the City of London (in their capacity as a local authority);

    (f)

    the Council of the Isles of Scilly;

  • local authority in Wales ” means—

    (a)

    a county council in Wales;

    (b)

    a county borough council;]

(2)This Act applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.

(3)In this Act—

(a)references to a prison include a young offender institution;

(b)references to a contracted out secure training centre, and to the contractor in relation to such a secure training centre, have the meanings given by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33);

(c)references to a contracted out prison, and to the contractor in relation to such a prison, have the meanings given by section 84(4) of the Criminal Justice Act 1991 (c. 53).

[F184(d)references to a directly managed secure college and to a contracted-out secure college, and to the contractor in relation to a contracted-out secure college, have the meanings given by paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.]

(4)Where—

(a)a contract under section 7 of the Criminal Justice and Public Order Act 1994 is for the time being in force in relation to part of a secure training centre, F185...

(b)a contract under section 84 of the Criminal Justice Act 1991 is for the time being in force in relation to part of a prison, [F186or]

[F187(c)a contract under paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 is for the time being in force in relation to part of a secure college”, and]

this Act has effect as if each part of the secure training centre [F188, prison or secure college] were a separate institution.

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Amendments (Textual)

66Regulations and ordersE+W+S+N.I.

(1)Any power to make regulations or an order under this Act includes power—

(a)to make different provision for different purposes;

(b)to make different provision for different cases or areas;

(c)to make incidental, supplementary, consequential or transitional provision or savings.

(2)Any power to make regulations or an order under this Act, other than an order under section 42 or 43, is exercisable by statutory instrument.

(3)The Secretary of State may not make a statutory instrument containing regulations under section 12 [F189, 12B(1)(b)] or 45 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4)The Secretary of State may not make a statutory instrument containing [F190the first regulations under section 9A or] the first order under section 49 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(5)A statutory instrument containing—

(a)any regulations made by the Secretary of State under this Act [F191to which neither of subsections (3) and (4) applies],

(b)an order made by the Secretary of State under section 49 to which subsection (4) does not apply, or

(c)an order made by the Secretary of State under section 11(1)(d) or section 65(2),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Subsection (5) does not apply to regulations made by the Secretary of State jointly with the Assembly under section 43(7).

(7)[F192Any statutory instrument containing regulations made under section[F19325 or] 26 by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

(8)Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

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Amendments (Textual)

67CommencementE+W+S+N.I.

(1)Part 1 comes into force on the day on which this Act is passed.

(2)Part 2 comes into force in accordance with provision made by order by the Secretary of State.

(3)Part 3 comes into force in accordance with provision made by order by the Assembly subject to subsections (4) and (5).

(4)The Assembly must obtain the consent of the Secretary of State before making provision under subsection (3) in relation to section 25(4)(a) to (c) or 31(3)(a) to (c), (f) or (g).

(5)In section 28, the following provisions come into force in accordance with provision made by order by the Secretary of State after consulting the Assembly—

(a)subsection (1)(d) to (h);

(b)subsection (2), so far as relating to the persons and bodies referred to in subsection (1)(d) to (h);

(c)subsection (5).

(6)Part 4 comes into force in accordance with provision made by order by the Assembly with the consent of the Secretary of State.

(7)In Part 5—

(a)section 44 so far as relating to England comes into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;

(b)sections 45 to 47 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(c)section 48 and Schedule 4 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;

(d)section 49 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(e)sections 50 to 57 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;

(f)section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(g)section 59 comes into force on the day on which this Act is passed;

(h)section 60 comes into force in accordance with provision made by order by the Secretary of State;

(i)section 61 comes into force in accordance with provision made by order by the Assembly;

(j)section 62 comes into force in accordance with provision made by order by the Lord Chancellor;

(k)section 63 comes into force on the day on which this Act is passed.

(8)This Part comes into force on the day on which this Act is passed except that Schedule 5 comes into force in accordance with the commencement provisions set out in that Schedule.

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Subordinate Legislation Made

P2S. 67 power partly exercised: different dates appointed for specified provisions by {S.I. 2005/394}, art. 2; different dates appointed for specified provisions by {S.I. 2005/700}, art. 2; 12.4.2005 appointed for specified provision by {S.I. 2005/847}, art. 2; 3.10.2005 appointed for specified provisions by {S.I. 2005/2298}, art. 2; 30.12.2005 appointed for specified provisions by {S.I. 2005/3363}, art. 2; 1.1.2006 appointed for specified provision by {S.I. 2005/3464}, art. 2; different dates appointed for specified provisons by {S.I. 2006/885}, art. 2; 1.4.2006 appointed for specified provisions by {S.I. 2006/927}, art. 2; different dates appointed for specified provisions by {S.I. 2006/870}, art. 2; 21.3.2008 appointed for specified provision by {S.I. 2008/752}, art. 2; 31.7.2008 appointed for specified provisions by {S.I. 2008/1904}, art. 2

68ExtentE+W+S+N.I.

(1)Part 1 extends to the whole of the United Kingdom (unless otherwise specifically provided).

(2)Parts 2 to 4 extend to England and Wales only.

(3)In Part 5—

(a)sections 44 to 62 extend to England and Wales only;

(b)section 63 extends to the whole of the United Kingdom.

(4)In this Part—

(a)section 64 and Schedule 5 extend to England and Wales only; and

(b)the remaining provisions extend to the whole of the United Kingdom.

69Short titleE+W+S+N.I.

This Act may be cited as the Children Act 2004.

SCHEDULES

Section 1

SCHEDULE 1E+W+S+N.I.Children’s Commissioner

StatusE+W+S+N.I.

1(1)The Children’s Commissioner is to be a corporation sole.E+W+S+N.I.

(2)The Children’s Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and his property is not to be regarded as property of, or property held on behalf of, the Crown.

General powersE+W+S+N.I.

2(1)The Children’s Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.E+W+S+N.I.

(2)In particular he may—

(a)co-operate with other public authorities in the United Kingdom;

(b)enter into contracts; and

(c)acquire, hold and dispose of any property.

Appointment and tenure of officeE+W+S+N.I.

3(1)The Children’s Commissioner is to be appointed by the Secretary of State.E+W+S+N.I.

(2)The Secretary of State must [F194take reasonable steps to] involve children in the appointment of the Children’s Commissioner.

(3)Subject to the provisions of this paragraph, a person shall hold and vacate office as the Children’s Commissioner in accordance with the terms and conditions of his appointment as determined by the Secretary of State.

(4)An appointment as the Children’s Commissioner shall be for a term not exceeding [F195six years].

(5)A person who has held office as the Children’s Commissioner [F196is not eligible for reappointment].

(6)The Children’s Commissioner may at any time resign by notice in writing to the Secretary of State.

(7)The Secretary of State may remove the Children’s Commissioner from office if he is satisfied that he has—

(a)become unfit or unable properly to discharge his functions; or

(b)behaved in a way that is not compatible with his continuing in office.

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Amendments (Textual)

[F197Interim appointmentsE+W+S+N.I.

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Amendments (Textual)

F197Sch. 1 para. 3A and cross-heading inserted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 8

3A(1)Where there is a vacancy in the office of Children's Commissioner, the Secretary of State may appoint a person as interim Children's Commissioner.E+W+S+N.I.

(2)Subject to the provisions of this paragraph, a person holds and vacates office as interim Children's Commissioner in accordance with the terms and conditions of the appointment as determined by the Secretary of State.

(3)An appointment as interim Children's Commissioner is for a term ending—

(a)with the appointment of a person as the Children's Commissioner under paragraph 3, or

(b)if sooner, at the end of the period of six months beginning with the date on which the appointment as interim Children's Commissioner was made.

(4)A person who has held office as interim Children's Commissioner—

(a)is eligible for reappointment, and

(b)is eligible for appointment as the Children's Commissioner.

(5)An interim Children's Commissioner may at any time resign by notice in writing to the Secretary of State.

(6)The Secretary of State may remove an interim Children's Commissioner from office if satisfied that the interim Commissioner has—

(a)become unfit or unable properly to discharge his or her functions; or

(b)behaved in a way that is not compatible with continuing in office.]

RemunerationE+W+S+N.I.

4The Secretary of State must—E+W+S+N.I.

(a)pay the Children’s Commissioner such remuneration and allowances, and

(b)pay or make provision for the payment of such pension or gratuities to or in respect of him,

as may be provided under the terms of his appointment.

StaffE+W+S+N.I.

5(1)The Children’s Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions F198....E+W+S+N.I.

F199(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F200... Any member of the Children’s Commissioner’s staff may, so far as authorised by him, exercise any of his functions.

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Amendments (Textual)

F198Words in Sch. 1 para. 5(1) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 9(1)(a)

F199Sch. 1 para. 5(2) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 9(1)(b)

F200Words in Sch. 1 para. 5(3) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 9(1)(c)

PensionsE+W+S+N.I.

6(1)In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment etc to which section 1 of that Act applies)—E+W+S+N.I.

(a)in the list of “Other Bodies”, at the end insert “ Employment by the Children’s Commissioner ”;

(b)in the list of “Offices”, at the appropriate place insert “ Children’s Commissioner ”.

(2)The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

FundingE+W+S+N.I.

7The Secretary of State may make payments to the Children’s Commissioner of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.E+W+S+N.I.

AccountsE+W+S+N.I.

8(1)The Children’s Commissioner must—E+W+S+N.I.

(a)keep proper accounting records;

(b)prepare a statement of accounts for each financial year; and

(c)send a copy of each such statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates.

(2)The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him under sub-paragraph (1)(c) and must lay copies of the statement and of his report before Parliament.

(3)In this paragraph, “financial year” means—

(a)the period beginning with the date on which the first Children’s Commissioner is appointed and ending with 31st March next following that date; and

(b)each successive period of twelve months ending with 31st March.

EvidenceE+W+N.I.

9(1)A document purporting to be duly executed under the seal of the Children’s Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.E+W+N.I.

(2)This paragraph does not extend to Scotland.

Protection from defamation actionsE+W+S+N.I.

10For the purposes of the law of defamation—E+W+S+N.I.

(a)any statement made by the Children’s Commissioner in a report published under this Part has absolute privilege; and

(b)any other statement made by the Children’s Commissioner or a member of his staff for the purposes of this Part has qualified privilege.

Regulated positionE+W+S+N.I.

11In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) (meaning of “regulated position”), after paragraph (f) insert—E+W+S+N.I.

(fa)Children’s Commissioner and deputy Children’s Commissioner appointed under Part 1 of the Children Act 2004,.

DisqualificationsE+W+S+N.I.

12In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Children’s Commissioner ”; “ Member of staff of the Children’s Commissioner ”.E+W+S+N.I.

13In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Children’s Commissioner ”; “ Member of staff of the Children’s Commissioner ”.E+W+S+N.I.

Section 18

SCHEDULE 2E+WDirector of children’s services: consequential amendments

Children and Young Persons Act 1933 (c. 12)E+W

1In section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities), in subsection (8), for “or the chief education officer of the authority” substitute “ of the authority, the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) ”.E+W

Local Authority Social Services Act 1970 (c. 42)E+W

2(1)The Local Authority Social Services Act 1970 is amended as follows.E+W

(2)In section 6 (director of social services)—

(a)before subsection (1) insert—

(A1)A local authority in England shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004.;

F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (2), after “director of”, in both places, insert “ adult social services or (as the case may be) ”;

(d)in subsection (6), for “a director of social services” substitute “ a person under this section ”.

(3)In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words “Appointment of” insert “ director of adult social services or ”.

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Amendments (Textual)

Local Government and Housing Act 1989 (c. 42)E+W

3In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6)—E+W

(a)after “means—” insert—

(za)the director of children’s services appointed under section 18 of the Children Act 2004 and the director of adult social services appointed under section 6(A1) of the Local Authority Social Services Act 1970 (in the case of a local authority in England);;

(b)in paragraph (a), at the end insert “ (in the case of a local authority in Wales) ”;

(c)in paragraph (c) after “director of social services” insert “ (in the case of a local authority in Wales) ”.

Education Act 1996 (c. 56)E+W

4(1)The Education Act 1996 is amended as follows.E+W

(2)In section 532 (appointment of chief education officer), for “A local authority’s duties” substitute “ The duties of a local education authority in Wales ”.

(3)In section 566 (evidence: documents), in subsection (1)(a), for “chief education officer of that authority” substitute “ director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) ”.

Crime and Disorder Act 1998 (c. 37)E+W

5(1)The Crime and Disorder Act 1998 is amended as follows.E+W

(2)In section 8 (responsible officers in relation to parenting orders), in subsection (8)(bb), after “nominated by” insert “ a person appointed as director of children’s services under section 18 of the Children Act 2004 or by ”.

(3)In section 39 (youth offending teams), in subsection (5)—

(a)after paragraph (a) insert—

(aa)where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;;

(b)in paragraph (b) for “a social worker of a” substitute “ where the local authority is in Wales, a social worker of the ”;

(c)after paragraph (d) insert—

(da)where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;;

(d)in paragraph (e) insert at the beginning “ where the local authority is in Wales, ”.

Protection of Children Act 1999 (c. 14)E+W

6In section 4C of the Protection of Children Act 1999 (restoration to the list) in subsection (1), for “director of social services of a local authority” substitute “ director of children’s services of a local authority in England or a director of social services of a local authority in Wales ”.E+W

Criminal Justice and Court Services Act 2000 (c. 43)E+W

7(1)The Criminal Justice and Court Services Act 2000 is amended as follows.E+W

(2)In section 34 (restoration of disqualification order), in subsection (1), for “a director of social services of a local authority” substitute “ a director of children’s services of a local authority in England or a director of social services of a local authority in Wales ”.

(3)In section 36 (meaning of “regulated position”), in subsection (6)—

(a)after paragraph (b) insert—

(ba)director of children’s services and director of adult social services of a local authority in England,;

(b)in paragraph (c) at the end insert “ in Wales ”;

(c)in paragraph (d) at the end insert “ in Wales ”.

Criminal Justice Act 2003 (c. 44)E+W

F2028. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 40

SCHEDULE 3E+WAdvisory and support services for family proceedings

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)E+W

1In section 26 of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation), in subsection (2), after “Criminal Justice and Court Services Act 2000)” insert “ , a Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.E+W

Child Abduction and Custody Act 1985 (c. 60)E+W

2The Child Abduction and Custody Act 1985 is amended as follows.E+W

3In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W

4In section 27 (interpretation), after subsection (5) insert—E+W

(5A)In this Act “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.

Children Act 1989 (c. 41)E+W

5The Children Act 1989 is amended as follows.E+W

6In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W

7In section 16 (family assistance orders), in subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W

8(1)Section 26 (review of cases etc) is amended as follows.E+W

(2)In subsection (2A)(c) after “Service” insert “ or a Welsh family proceedings officer ”.

(3)After subsection (2C) insert—

(2D)The power to make regulations in subsection (2C) is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the National Assembly for Wales.

9(1)Section 41 (representation of child) is amended as follows.E+W

(2)In subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

(3)In subsections (2) and (4)(a), after “officer of the Service” insert “ or Welsh family proceedings officer ”.

(4)In subsection (10)—

(a)in paragraphs (a) and (b), after “officer of the Service” insert “ or Welsh family proceedings officer ”;

(b)in paragraph (c), after “officers of the Service” insert “ or Welsh family proceedings officers ”.

(5)In subsection (11), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

10In section 42 (rights of officers of the Service), in subsections (1) and (2), after “an officer of the Service” insert “ or Welsh family proceedings officer ”.E+W

11In section 105(1) (interpretation), at the end insert—E+W

Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.

Criminal Justice and Court Services Act 2000 (c. 43)E+W

12The Criminal Justice and Court Services Act 2000 is amended as follows.E+W

13In section 12 (principal functions of CAFCASS), in subsection (1), after “the welfare of children” insert “ other than children ordinarily resident in Wales ”.E+W

14In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute “ nine ”.E+W

Adoption and Children Act 2002 (c. 38)E+W

15The Adoption and Children Act 2002 is amended as follows.E+W

16(1)Section 102 (officers of the Service) is amended as follows.E+W

(2)In subsection (1), at the end insert “ or a Welsh family proceedings officer ”.

(3)In subsection (7), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.

(4)After that subsection insert—

(8)In this section and section 103 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.

17In section 103 (rights of officers of the Service), in subsections (1) and (2), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W

Sexual Offences Act 2003 (c. 42)E+W

18In section 21 of the Sexual Offences Act 2003 (positions of trust), in subsection (12)(a), after “officer of the Service” insert “ or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.E+W

Section 48

SCHEDULE 4E+WChild minding and day care

1Part 10A of the Children Act 1989 (c. 41) is amended as follows.E+W

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Commencement Information

I29Sch. 4 para. 1 not in force at Royal Assent see s. 67(7); Sch. 4 para. 1 in force at 1.3.2005 for certain purposes for E. by S.I. 2005/394, art. 2(1); Sch. 4 para. 1 in force for E. in so far as not already in force at 3.10.2005 by S.I. 2005/2298, art. 2(1) (with savings in art. 2(2)); Sch. 4 partly in force at 1.4.2006 by S.I. 2006/885, art. 2(2)

Amendments relating to child minding and day care E+W

Conditions imposed by justice of the peace or tribunalE+W

2(1)In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute “ under this Part ”.E+W

(2)In section 79G(2), omit “under section 79F(3)”.

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Commencement Information

I30Sch. 4 para. 2 wholly in force at 1.4.2006; Sch. 4 para. 2 not in force at Royal Assent see s. 67(7); Sch. 4 para. 2 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 2 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Application feesE+W

3(1)In section 79E(2), at the end insert—E+W

(c)be accompanied by the prescribed fee.

(2)In section 79F(1) and (2)—

(a)after “on an application” insert “ under section 79E ”;

(b)omit paragraph (b) and the preceding “and”.

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Commencement Information

I31Sch. 4 para. 3 wholly in force at 1.4.2006; Sch. 4 para. 3 not in force at Royal Assent, see s. 67; Sch. 4 para. 3 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 4 para. 3 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Fees payable by registered personsE+W

4(1)In section 79G(1), for “an annual fee” substitute “ a fee ”.E+W

(2)In Schedule 9A—

(a)in the heading before paragraph 7, omit “Annual”;

(b)in paragraph 7, for the words from “at prescribed times” to the end substitute “ , at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by the registration authority of its functions under Part XA. ”

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Commencement Information

I32Sch. 4 para. 4 wholly in force at 1.4.2006; Sch. 4 para. 4 not in force at Royal Assent, see s. 67; Sch. 4 para. 4 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 4 para. 4 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Waiver of disqualificationE+W

5In Schedule 9A, in paragraph 4(3A)—E+W

(a)after “disqualified for registration” insert “ (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5)) ”;

(b)in paragraph (b), omit “to his registration”.

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Commencement Information

I33Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent see s. 67(7); Sch. 4 para. 5 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

Amendments relating to day care only E+W

Qualification for registrationE+W

6In section 79B(4)—E+W

(a)for paragraphs (a) and (b) substitute—

(a)he has made adequate arrangements to ensure that—

(i)every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and

(ii)every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;

(b)the responsible individual—

(i)is suitable to look after children under the age of eight, or

(ii)if he is not looking after such children, is suitable to be in regular contact with them;;

(b)in subsection (5), for “(4)(b)” substitute “ (4)(a) ”;

(c)after subsection (5) insert—

((5ZA))For the purposes of subsection (4), “the responsible individual” means—

(a)in a case of one individual working on the premises in the provision of day care, that person;

(b)in a case of two or more individuals so working, the individual so working who is in charge.

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Commencement Information

I34Sch. 4 para. 6 wholly in force at 1.4.2006; Sch. 4 para. 6 not in force at Royal Assent, see s. 67; Sch. 4 para. 6 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (with savings in art. 2(2)); Sch. 4 para. 6 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Hotels etcE+W

7In Schedule 9A, after paragraph 2 insert—E+W

2A(1)Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where—

(a)the provision takes place only between 6 pm and 2 am; and

(b)the person providing the care is doing so for no more than two different clients at the same time.

(2)For the purposes of sub-paragraph (1)(b), a “client” is a person at whose request (or persons at whose joint request) day care is provided for a child.

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Commencement Information

I35Sch. 4 para. 7 wholly in force at 1.4.2006; Sch. 4 para. 7 not in force at Royal Assent see s. 67(7); Sch. 4 para. 7 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 7 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Prohibition in respect of disqualified personsE+W

8In Schedule 9A, in paragraph 4(4)—E+W

(a)after “or be” insert “ directly ”;

(b)omit “, or have any financial interest in,”.

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Commencement Information

I36Sch. 4 para. 8 wholly in force at 1.4.2006; Sch. 4 para. 8 not in force at Royal Assent see s. 67(7); Sch. 4 para. 8 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 8 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Unincorporated associationsE+W

9In Schedule 9A, after paragraph 5 insert—E+W

Provision of day care: unincorporated associationsE+W

5A(1)References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association.

(2)Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3)For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(4)In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate.

(5)A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association.

(6)If an offence under Part XA committed by an unincorporated association is shown—

(a)to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b)to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.

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Commencement Information

I37Sch. 4 para. 9 wholly in force at 1.4.2006; Sch. 4 para. 9 not in force at Royal Assent see s. 67(7); Sch. 4 para. 9 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 9 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Section 64

SCHEDULE 5E+WRepeals

Part 1 E+WPlans

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Commencement Information

I38Sch. 5 Pt. 1 wholly in force at 31.7.2008; Sch. 5 Pt. 1 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 1 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 5 Pt. 1 in force for W. for certain purposes at 1.4.2006 and for certain further purposes at 1.9.2006 by S.I. 2006/885, art. 2(2)(3); Sch. 5 Pt. 1 otherwise in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2

Short title and chapterExtent of repeal
Children Act 1989 (c. 41)In Schedule 2, paragraph 1A.
Education Act 1996 (c. 56)Section 527A.
Education Act 1997 (c. 44)Section 9.
School Standards and Framework Act 1998 (c. 31)

Section 2.

Sections 6 and 7.

Sections 26 to 26B.

In section 27(2), the words “section 26,”.

Section 119(5)(b) and the preceding “and”.

Sections 120 and 121.

In Schedule 6—

(a)

paragraph 3(4)(b) and the preceding “and”;

(b)

paragraph 8(4).

In Schedule 30, paragraph 144.

Learning and Skills Act 2000 (c. 21)

In Schedule 7—

(a)

paragraph 35(2)(b);

(b)

paragraph 42(2)(a).

In Schedule 9, paragraphs 80 and 81.

Adoption and Children Act 2002 (c. 38)Section 5.
Education Act 2002 (c. 32)

In section 150—

(a)

subsections (2) to (4);

(b)

in subsection (5), the words from “and early years development plans” to “childcare plans””.

These repeals come into force—

(a)so far as relating to England, in accordance with provision made by order by the Secretary of State;

(b)so far as relating to Wales, in accordance with provision so made by the Assembly.

Part 2 E+WChild minding and day care

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Commencement Information

I39Sch. 5 Pt. 2 wholly in force at 1.4.2006; Sch. 5 Pt. 2 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 2 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 5 Pt. 2 in force for E. otherwise at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 5 Pt. 2 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Short title and chapterExtent of repeal
Children Act 1989 (c. 41)

In section 79F(1) and (2), paragraph (b) and the preceding “and”.

In section 79G(2), the words “under section 79F(3)”.

In Schedule 9A—

(a)

in paragraph 4(3A)(b), the words “to his registration”;

(b)

in paragraph 4(4), the words “, or have any financial interest in,”;

(c)

in the heading before paragraph 7, the word “Annual”.

These repeals come into force—

(a)so far as relating to England, in accordance with provision made by order by the Secretary of State;

(b)so far as relating to Wales, in accordance with provision so made by the Assembly.

Part 3 E+WInspection of local education authorities

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Commencement Information

I40Sch. 5 Pt. 3 wholly in force at 31.7.2008; Sch. 5 Pt. 3 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 3 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); Sch. 5 Pt. 3 in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2

Short title and chapterExtent of repeal
Disability Discrimination Act 1995 (c. 50)Section 28D(6).

This repeal comes into force—

(a)so far as relating to England, in accordance with provision made by order by the Secretary of State;

(b)so far as relating to Wales, in accordance with provision so made by the Assembly.

Part 4 E+WSocial services committees and departments

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Commencement Information

I41Sch. 5 Pt. 4 wholly in force at 1.4.2006; Sch. 5 Pt. 4 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 4 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); Sch. 5 Pt. 4 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

Short title and chapterExtent of repeal
Children and Young Persons Act 1933 (c. 12)In section 96(7), the words from “Subject to” to “that committee)”.
Children and Young Persons Act 1963 (c. 37)

In section 56(2)—

(a)

the words “and subsection (1) of section 3 of the Local Authority Social Services Act 1970”;

(b)

the words “and section 2 of the said Act of 1970 respectively”.

Local Authority Social Services Act 1970 (c. 42)Sections 2 to 5.
Local Government Act 1972 (c. 70)Section 101(9)(f).
Mental Health Act 1983 (c. 20)In section 14, the words “of their social services department”.
Police and Criminal Evidence Act 1984 (c. 60)In section 63B(10), in the definition of “appropriate adult”, the words “social services department”.
Local Government and Housing Act 1989 (c. 42)

Section 13(2)(c).

In Schedule 1, in paragraph 4(2)—

(a)

in paragraph (a) of the definition of “ordinary sub-committee”, the words from “of the authority's” to “any other sub-committee”; and

(b)

the definition of “social services committee”.

Criminal Justice Act 1991 (c. 53)In sections 43(5) and 65(1)(b) and (1B)(a), the words “social services department”.
Crime (Sentences) Act 1997 (c. 43)

In section 31(2A)(b), the words “social services department of the”.

In Schedule 1, in the table in paragraph 9(6), the words “social services department”.

Crime and Disorder Act 1998 (c. 37)

The words “social services department” in—

(a)

section 1AA(9) and (10)(a);

(b)

section 8(8)(b);

(c)

section 9(2B)(b);

(d)

section 11(8)(a);

(e)

section 18(4)(a);

(f)

section 39(5)(b);

(g)

section 65(7)(b);

(h)

section 98(3) (in the words substituted by that provision).

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

The words “social services department” in—

(a)

section 46(5)(a) and (b);

(b)

section 69(4)(b), (6)(a) and (10)(a);

(c)

section 73(5);

(d)

section 74(5)(b) and (7)(a);

(e)

section 103(3)(b) and (5)(a);

(f)

section 162(2)(a) and (b).

Local Government Act 2000 (c. 22)Section 102(1).
Criminal Justice and Court Services Act 2000 (c. 43)In section 64(6), in the definition of “appropriate adult”, the words “social services department”.
Criminal Justice Act 2003 (c. 44)

The words “social services department” in—

(a)

section 158(2)(b);

(b)

section 161(8)(b);

(c)

section 199(4)(b);

(d)

paragraph 5(4) of Schedule 38 (in the words substituted by that provision).

These repeals come into force—

(a)so far as relating to England, in accordance with provision made by order by the Secretary of State;

(b)so far as relating to Wales, in accordance with provision so made by the Assembly.

Part 5 E+WReasonable punishment

Short title and chapterExtent of repeal
Children and Young Persons Act 1933 (c. 12)Section 1(7).

This repeal comes into force at the same time as section 58.

Part 6 E+WChild safety orders

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Commencement Information

I42Sch. 5 Pt. 6 wholly in force at 1.3.2005; Sch. 5 Pt. 6 not in force at Royal Assent see s. 67; Sch. 5 Pt. 6 in force at 1.3.2005 by S.I. 2005/394, art. 2(1)(j)

Short title and chapterExtent of repeal
Crime and Disorder Act 1998 (c. 37)Section 12(6)(a) and (7).

These repeals come into force at the same time as section 60.

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