Care Standards Act 2000

78 Interpretation

(1) This Part applies to a child to or in respect of whom regulated children’s services in Wales are provided.

(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 [1992 c. 13.] 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.

(6) Regulations may provide—

(a) for this Part to be treated as having applied to a child at any time before the commencement of this Part if regulated children’s services in Wales were at that time provided to or in respect of him;

(b) for references in this Part to children to whom this Part applies to include references to persons who, at any prescribed time, were such children.

(7) In this Part—

• “information” includes information recorded in any form;

• “regulations” means regulations made by the Assembly.

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