Relevant duty of care

7Child-protection and probation functions

(1)

A duty of care to which this section applies is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).

(2)

This section applies to any duty of care that a local authority or other public authority owes in respect of the exercise by it of functions conferred by or under—

(a)

Parts 4 and 5 of the Children Act 1989 (c. 41),

(b)

Part 2 of the Children (Scotland) Act 1995 (c. 36), or

F1(ba)

the Children’s Hearings (Scotland) Act 2011,

(c)

Parts 5 and 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

(3)

This section also applies to any duty of care that a local probation board F2, a provider of probation services or other public authority owes in respect of the exercise by it of functions conferred by or under—

(a)

Chapter 1 of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),

F3(aa)

section 13 of the Offender Management Act 2007 (c. 21),

(b)

section 27 of the Social Work (Scotland) Act 1968 (c. 49), or

(c)

Article 4 of the Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10)).

F4(4)

This section also applies to any duty of care that a provider of probation services owes in respect of the carrying out by it of activities in pursuance of arrangements under section 3 of the Offender Management Act 2007.