1. These Regulations may be cited as the Children’s Homes Regulations 1991 and shall come into force on 14th October 1991.
2.—(1) In these Regulations unless the context otherwise requires—
“the Act” means the Children Act 1989;
“children’s home” means a registered children’s home, a community home or a voluntary home;
“maintained community home” means a community home proivded, managed, equipped and maintained by a local pursuant to section 53(3)(a) of the Act (Provision of community homes by local authorities);
“medicinal product” means anything in respect of which a product licence under the Medicines Act 1968(1) is required;
“person in charge” means in relation to a home the person appointed as the person in charge of it by the responsible authority;
“registered dental practitioner” means a person registered in the dentists register under the Dentists Act 1984(2);
“registration authority” means—
in the case of a voluntary home, the Secretary of State; and
in the case of a registered children’s home, the local authority in whose area the home is situated;
“responsible authority” means—
in the case of a maintained community home, the local authority(3) by whom it is maintained;
in the case of a controlled or assisted community home, the body of managers, except in respect of a matter which is reserved, by the Act or the instrument of management, to the local authority or the voluntary organisation providing the home, and in that case means the local authority or the voluntary organisation providing the home;
in the case of a voluntary home, the voluntary organisation by whom it is provided; and
in the case of a registered children’s home, the person carrying it on.
(2) In the Regulations unless the context otherwise requires—
(a)any reference to a numbered section is to the section of the Act bearing that number;
(b)any reference to a numbered regulation is to the regulation in these Regulations bearing that number, and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
(c)any reference to a numbered schedule is to that numbered Schedule to these Regulations.
3.—(1) Subject to paragraph (2)—
(a)This Part, Part II and Part III of these Regulations apply to all children’s homes.
(b)Part IV of these Regulations applies only to community homes.
(c)Part VI of these Regulations applies only to registered children’s homes.
(d)Parts V and VII of these Regulations apply only to voluntary homes.
(e)Part VIII of these Regulations applies only to registered children’s homes and to voluntary homes.
(2) These Regulations shall not apply to premises used only to accommodate children for the purpose of a holiday for periods of less than 28 days at a time in the case of any one child.
“Local authority” is defined in section 105(1) of the Act as the council of a county, a metropolitan district, a London Borough of the Common Council of the City of London. Pursuant to section 2 of the Local Authority Social Services Act 1970 (c. 42) local authority functions under the Children Act 1989 stand referred to the social services committee of a local authority.