7Child-protection and probation functionsU.K.
(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.]
Textual Amendments
F1S. 7(2)(ba) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 11
F2Words in s. 7(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 25(2)(a)(i)
F3S. 7(3)(aa) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 25(2)(a)(ii)
F4S. 7(4) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 25(2)(b)
Commencement Information
I1S. 7 in force at 6.4.2008 by S.I. 2008/401, art. 2 (with art. 2(3)(c))