- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
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.
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.
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, to such extent and in such manner as he thinks fit, 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 five years.
(5)A person who has held office as the Children’s Commissioner is eligible for reappointment once only.
(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.
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.
5(1)The Children’s Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Children’s Commissioner.E+W+S+N.I.
(2)During any vacancy in the office of Children’s Commissioner or at any time when the Children’s Commissioner is for any reason unable to act, the deputy Children’s Commissioner shall exercise his functions (and any property or rights vested in the Children’s Commissioner may accordingly be dealt with by the deputy Children’s Commissioner as if vested in him).
(3)Without prejudice to sub-paragraph (2), any member of the Children’s Commissioner’s staff may, so far as authorised by him, exercise any of his functions.
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.
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.
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.
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.
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.
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,”.
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: