Care Standards Act 2000

78 Interpretation. E+W

[F1 (1) This Part applies to a child—

(a) who is ordinarily resident in Wales;

(b) to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(c) to or in respect of whom regulated children’s services in Wales are provided.

(1A) Regulations may provide that, for the purposes of this Part of this Act, “child” includes a person aged 18 or over who falls within subsection (1B).

(1B) A person falls within this subsection if he is a person to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a county council or county borough council in Wales by virtue of—

(a) section 23C, 24, 24A or 24B of the Children Act 1989 (c. 41) (which provide for the continuing duties of such councils towards young persons); or

(b) regulations made under section 23D of that Act (which may provide for the appointment of personal advisers for certain young persons).]

(2) In this Part, “regulated children’s services in Wales” means any of the following services for the time being provided in respect of children—

(a) services of a description provided by or in Part II undertakings, so far as provided in Wales;

(b) services provided by local authorities in Wales in the exercise of relevant adoption functions or relevant fostering functions;

(c) services of a description provided by persons registered under Part XA of the 1989 Act, so far as provided in Wales;

(d) accommodation provided by schools or by an institution within the further education sector (as defined in section 91 of the M1 Further and Higher Education Act 1992), so far as provided in Wales.

(3) For the purposes of this Part—

(a) in the case of the services mentioned in subsection (2)(a), the person who carries on the Part II undertaking is to be treated as the provider of the services;

(b) in the case of the services mentioned in subsection (2)(d), the relevant person (as defined in section 87 of the 1989 Act) is to be treated as the provider of the services.

(4) For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.

(5) Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.

[F2 (6) Regulations may provide for the references to a child in subsection (1) to include references to a person (including a child) who was at any time (including a time before the commencement of this Part)—

(a) a child ordinarily resident in Wales;

(b) a child to or in respect of whom services were provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(c) a child to or in respect of whom regulated children’s services in Wales were provided.]

(7) In this Part—

• “information” includes information recorded in any form;

• “regulations” means regulations made by the [F3 Welsh Ministers].

(8) In this section, “relevant adoption functions” and “relevant fostering functions” have the same meanings as in Part III.

Textual Amendments

F1 S. 78(1)(1A)(1B) substituted for s. 78(1) (26.8.2001 for W.) by 2001 c. 18, s. 1(2); S.I. 2001/2783, art. 2(2)(a)

F2 S. 78(6) substituted (26.8.2001 for W.) by 2001 c. 18, s. 1(3); S.I. 2001/2783, art. 2(2)(a)

F3 S. 78(7): words in definition of "regulations" substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 73, the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)

Commencement Information

I1 S. 78 in force for W. at 26.8.2001 by S.I. 2001/2782, art. 2(1)(2)(i)

Marginal Citations

M1 1992 c. 13.