- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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 [F1local 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 [F2the 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 [F1local 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);
[F3(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 [F4Part 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 [F5or 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).
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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: