http://www.legislation.gov.uk/ukpga/2026/21/part/1Children’s Wellbeing and Schools Act 2026enStatute Law Database2026-07-17Expert Participation2026-07-15 Part 1 1 After section 31 of the Children Act 1989 (care and supervision orders) insert— 31ZA 1 Before a local authority in England makes an application for an order under this Part in relation to a child, the authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility for the child. 2 If the offer is accepted by at least one person to whom it is made, the local authority must arrange for the meeting to be held before the authority makes the application. 3 The duty under subsection (1) or (2) does not apply where the local authority considers that it would not be in the best interests of the child for a family group decision-making meeting to be offered or (as the case may be) to be held. 4 A “family group decision-making meeting” is a meeting held for the purpose of enabling the child’s family network— a to discuss the welfare needs of the child, and b to make a proposal in response to concerns about the child’s welfare. 5 A “family network”, in relation to a child, consists of such persons with an interest in the child’s welfare as the authority considers appropriate to attend the meeting having regard to the child’s best interests, and such persons may (in particular) include— a the child’s parents or any other person with parental responsibility for the child, and b relatives, friends or other persons connected with the child. 6 The local authority must include the offer under subsection (1) in the letter before proceedings sent in relation to the child. 7 A “letter before proceedings” is the letter sent by the local authority to the child’s parents, or any other person with parental responsibility for the child, before the local authority makes an application for an order under this Part in relation to the child. 8 Where the local authority considers it appropriate, the child in relation to whom the family group decision-making meeting is held may attend the meeting. 9 In exercising functions under this section in relation to a child, a local authority must, so far as is reasonably practicable and consistent with the child’s welfare— a ascertain the child’s wishes and feelings regarding the exercise of those functions, and b give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain. 2 1 Section 16E of the Children Act 2004 (local arrangements for safeguarding and promoting welfare of children) is amended as follows. 2 In subsection (1)— a omit the “and” after paragraph (a); b after that paragraph insert— aa those relevant agencies which are designated childcare or education agencies, and ; c for paragraph (b) substitute— b any other relevant agencies that the safeguarding partners consider appropriate, . 3 In subsection (2), after “partners” insert “and the relevant agencies mentioned in subsection (1)(aa)”. 4 After subsection (2) insert— 2A For the purposes of this section, a relevant agency is a “designated childcare or education agency” if it— a has functions relating to the provision of childcare or education (or both), and b is designated as such by regulations made by the Secretary of State. 5 In section 66(3) of that Act (instruments subject to affirmative procedure), for “16E(3)” substitute “16E(2A)(b) or (3)”. 3 1 The Children Act 2004 is amended as follows. 2 After section 16E insert— 16EA 1 Arrangements made under section 16E by the safeguarding partners for a local authority area must include the establishment of one or more multi-agency child protection teams for the area for the purpose of providing support to the local authority in connection with the discharge of its duties under section 47 of the Children Act 1989 (duty to investigate where child at risk of significant harm). 2 The support referred to in subsection (1) includes— a the co-ordination of assistance for the local authority under section 47(9) of the Children Act 1989, and b support of any other kind prescribed by regulations made by the Secretary of State. 3 A multi-agency child protection team is to consist of— a at least one of each of the persons mentioned in subsection (4), and b such other persons as the local authority considers appropriate after consulting the other safeguarding partners. 4 The persons referred to in subsection (3)(a) are— a a person, nominated by the local authority, with experience in education in relation to children; b a social worker, nominated by the local authority, with experience in social work in relation to children; c a registered health professional, nominated by an integrated care board for an area any part of which falls within the area of the local authority, with experience in the provision of healthcare in relation to children; d a constable or relevant police employee who— i is nominated by the chief officer of police for a police area any part of which falls within the area of the local authority, and ii has experience in child protection. 5 A person may be nominated under a particular paragraph of subsection (4) only if the person satisfies any requirements prescribed by regulations made by the Secretary of State for the purposes of that paragraph. 6 The requirements that may be prescribed under subsection (5) include, in particular, requirements relating to a person’s qualifications or their experience so far as relating to the safeguarding and promotion of the welfare of children. 7 Before making regulations under subsection (2)(b) or (5), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate. 8 In this section— “registered health professional” means a person on the register of one or more of the following bodies— the General Medical Council; the Nursing and Midwifery Council; the Health and Care Professions Council; “relevant police employee” means— a person (other than a constable) who is— employed, or engaged to provide services, for the purposes of a body of constables, and under the direction and control of a person who has the direction and control of a body of constables, or a person who is— employed by the Common Council of the City of London in its capacity as a police authority, and under the direction and control of a chief officer of police; “social worker” means a person registered as a social worker in the register kept under section 39(1) of the Children and Social Work Act 2017. 16EB 1 If the conditions in subsection (2) are met, the safeguarding partners for a local authority area and a relevant agency must together draw up a memorandum setting out how the relevant agency will work with the safeguarding partners to facilitate the operation of MACPT arrangements. 2 The conditions are that— a the relevant agency is designated for the purposes of this section by regulations made by the Secretary of State; b the safeguarding partners have notified the relevant agency that it is required to work with the safeguarding partners in drawing up a memorandum under this section. 3 Before making regulations under subsection (2)(a), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate. 4 In this section, “MACPT arrangements” means arrangements made by the safeguarding partners in accordance with section 16EA(1) for the establishment of a multi-agency child protection team. 3 In section 16G (further provision about arrangements)— a after subsection (4) insert— 4A Where a memorandum under section 16EB(1) has effect— a references in subsections (2) and (3) to arrangements under section 16E include references to the memorandum, and b the safeguarding partners and the relevant agency in question must act in accordance with the memorandum. ; b in subsection (6), after “subsection (4)” insert “or (4A)(b)”; c after subsection (7) insert— 8 Where a memorandum under section 16EB(1) has effect, a report under subsection (7) must also include information about— a what the safeguarding partners and the relevant agency in question have done as a result of the memorandum, and b how effective the memorandum has been in practice. 4 In section 16J (combining safeguarding partner areas and delegating functions)— a in subsections (1) and (2), after “(5)” insert “and (6)(a) and (b)”; b after subsection (5) insert— 6 Where an agreement under subsection (1) has effect— a the safeguarding partners for the local authority area must, in making MACPT arrangements for the area, ensure that any multi-agency child protection team established under the arrangements has enough people to operate effectively having regard to the size of the area to which the agreement relates and any other relevant factors, b section 16EA(3)(a) and (4)(a) and (b) has effect as if— i the reference to at least one person, nominated by the local authority, with experience in education in relation to children, and ii the reference to at least one social worker, nominated by the local authority, with experience in social work in relation to children, were a reference to at least one such person or social worker for each of the local authorities which is a safeguarding partner for the local authority area, and c each such person or social worker is to act, for the purposes of the multi-agency child protection team to which they are nominated, only in relation to the area of the local authority which nominated them. 7 In this section— “MACPT arrangements” has the same meaning as in section 16EB; “social worker” has the meaning given by section 16EA(8). 5 In section 66(3) (instruments subject to affirmative procedure), after “16E(2A)(b) or (3)” (as inserted by section 2(5)) insert “, 16EA(2)(b) or (5), 16EB(2)(a)”. 4 After section 16L of the Children Act 2004 (safeguarding partners for local authority areas) insert— 16LA 1 This section applies where a person to whom subsection (4) applies (“the relevant person”)— a holds information about a child or information about another individual that relates to the child, and b considers that the information is relevant to safeguarding or promoting the welfare of the child. 2 The relevant person must ensure that the information is disclosed to another person to whom subsection (4) applies (“the recipient”) if and only so far as the relevant person considers that the disclosure may facilitate— a where the recipient is within subsection (4)(a) or (b), the exercise by the recipient of any of its relevant functions, or b where the recipient is within subsection (4)(c), the provision of services by the recipient pursuant to arrangements made by a person within subsection (4)(a) or (b) in connection with the exercise of any of that person’s relevant functions. 3 But the duty imposed by subsection (2) does not apply if the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information. 4 This subsection applies to— a a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare), b a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children), and c a person who provides services pursuant to arrangements made by a person within paragraph (a) or (b) in connection with the exercise of any of that person’s relevant functions. 5 The duty imposed by subsection (2) (as qualified by subsection (3)) also applies where a relevant person receives a request for the information from another person to whom subsection (4) applies. 6 The relevant person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State. 7 A disclosure of information under this section does not breach any obligation of confidence owed by the person making the disclosure. 8 This section does not permit the relevant person to do anything which is prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. 9 In this section, “relevant function” means a function relating to safeguarding or promoting the welfare of children. 16LB 1 The Secretary of State may prepare an information standard. 2 For the purposes of this section, “an information standard” is a standard in relation to the processing of information for the purposes of safeguarding or promoting the welfare of children. 3 An information standard must specify to whom it applies. 4 An information standard may only apply to one or more persons falling within section 16LA(4). 5 A person to whom an information standard applies must have regard to the standard when processing information for the purposes of safeguarding or promoting the welfare of children. 6 For the purposes of subsection (1), the Secretary of State may adopt all or part of any other information standard prepared or published under any other enactment or for a different purpose from the purpose mentioned in subsection (2). 7 The Secretary of State may revise an information standard from time to time. 8 The Secretary of State must publish the current version of each information standard prepared under this section. 9 Before publishing an information standard under this section, the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate. 10 In this section, “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act). 16LC 1 The Secretary of State may by regulations make provision for or in connection with— a specifying a description of consistent identifier for the purposes of this section; b requiring or authorising the disclosure of the consistent identifier to a designated person for the purpose of enabling the designated person to comply with subsection (5). 2 A disclosure required or authorised by the regulations does not breach any obligation of confidence owed by the person disclosing the identifier. 3 “Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that— a relates to a child, and b forms part of a set of similar identifiers that is of general application. 4 Subsection (5) applies if— a a designated person (see subsection (10)) processes information about a child, and b the child is one to whom a consistent identifier of the description specified under subsection (1) relates. 5 If this subsection applies the designated person must include the consistent identifier in the information processed (but this is subject to subsections (6) to (8)). 6 Subsection (5) applies only so far as the designated person considers that the inclusion of the consistent identifier is likely to facilitate the exercise by any person of a function of that person that relates to safeguarding or promoting the welfare of children. 7 Subsection (5) does not apply if the designated person considers that including the consistent identifier in the information processed would be more detrimental to the child than not including it. 8 The designated person need not comply with subsection (5) if— a it does not know the consistent identifier, and b it reasonably considers that finding it out would cause unreasonable delay to the processing of the information. 9 A designated person’s compliance with subsection (5) does not breach any obligation of confidence owed by the designated person. 10 In this section “designated person” means a person designated for the purposes of this section in regulations made by the Secretary of State. 11 A person may be designated as mentioned in subsection (10) only if the person is— a a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare), or b a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children). 12 A designated person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State. 13 Where a person (a “service provider”) provides services pursuant to arrangements made by a designated person in connection with the exercise of any function of the designated person that relates to safeguarding or promoting the welfare of children, this section applies to the service provider as it applies to the designated person. 14 The reference in subsection (6) to the inclusion of a consistent identifier being likely to facilitate the exercise of a function is to it being likely to facilitate that exercise directly (rather than by means of a trial, study, audit or any other indirect means). 15 In this section, “processes”, “processed” and “processing” are to be read in accordance with the meaning of “processing” in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act). 16LD 1 The Secretary of State may issue a code of practice for— a persons who are designated persons within the meaning of section 16LC(10) for the purposes of the duty in section 16LC(5), and b persons who are service providers within the meaning of section 16LC(13). 2 Those persons must have regard to the code of practice when discharging their duties under section 16LC. 3 The Secretary of State may revise the code from time to time. 4 The Secretary of State must publish the current version of the code. 5 Before publishing the code, the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate. 5 After section 22G of the Children Act 1989 insert— 22H 1 A local authority must publish— a information about the authority’s general approach to supporting— i children living in the authority’s area who live in kinship care, and ii persons living in the authority’s area who are kinship carers; b information about financial support which may be available to— i children mentioned in paragraph (a)(i), or ii persons mentioned in paragraph (a)(ii) (in their capacity as kinship carers); c information about services mentioned in subsection (2). 2 Those services are services available in the authority’s area which may assist children mentioned in subsection (1)(a)(i) or persons mentioned in subsection (1)(a)(ii)(in their capacity as kinship carers), including services relating to— a health and wellbeing; b relationships; c education and training; d accommodation. 3 In subsection (1)(b), the reference to financial support is to financial support whether provided by the local authority or by others (including voluntary organisations). 4 In subsection (2)— a the reference to services available in the authority’s area includes services provided by the authority and services provided by others (including voluntary organisations); b the reference to services relating to relationships includes services which promote contact between a child and their parents or relatives. 5 Information required to be published by a local authority under this section is to be known as the local authority’s “kinship local offer”. 6 A local authority must take such steps as are reasonably practicable to ensure that children and other persons mentioned in subsection (1)(a) receive the information relevant to them. 7 A local authority must review and update its kinship local offer from time to time, as appropriate. 8 Before publishing its kinship local offer (or any updated version) a local authority must— a consult relevant persons about any services that are offered, or may be offered, by the local authority which may assist to improve outcomes for children living in the authority’s area who live in kinship care, and b publish a report on the consultation. 9 In subsection (8), “relevant persons” in relation to a local authority, means such children living in kinship care, kinship carers and other persons as appear to the local authority to be representative of children living in kinship care and kinship carers in its area, which may include former kinship carers and children who used to be in kinship care. 10 The duty to consult in subsection (8) does not apply in relation to kinship local offers that are published or reviewed before section 5 of the Children’s Wellbeing and Schools Act 2026 comes into force. 22I 1 For the purposes of section 22H, a child lives in kinship care if— a the child lives with a relative, friend or other person connected with the child for all or part of the time, and b subsection (2) or (3) applies in relation to the child. 2 This subsection applies in relation to the child if— a the child lives with one person mentioned in subsection (1)(a) for all of the time, or for more time than the child lives with a parent, and b the person mentioned in subsection (1)(a) provides all of the care and support provided for the child, or more of that care and support than is provided for the child by a parent. 3 This subsection applies in relation to the child if— a the child lives with two or more persons mentioned in subsection (1)(a) all or most of the time (whether or not the child lives with those persons at the same time), and b those persons, taken together, provide all or most of the care and support provided for the child. 4 The reference in subsection (1)(a) to a person connected with the child does not include a reference to— a a parent of the child, b a local authority foster parent of the child who had no connection with the child prior to the child being placed with that person, or c a person caring for the child in a professional capacity. 5 Where— a a child’s parents do not live together, and b the child lives for part of the time with one parent and part of the time with the other, the child is treated for the purposes of subsection (2)(a) as living with a parent for both of those parts of time taken together. 6 In section 22H, “kinship carer”, in relation to a child, means a person mentioned in subsection (1)(a) who provides care and support for the child in the circumstances described in subsection (2) or (3). 6 1 Part 3 of the Children Act 1989 (support for children and families provided by local authorities in England) is amended as follows. 2 In the italic heading before section 23ZZA, after “children” insert “and others”. 3 After that italic heading insert— 23ZZZA 1 A local authority must take such steps as it considers appropriate for the purpose of promoting the educational achievement of children within subsection (2). 2 The children within this subsection are— a children for whom, by virtue of subsection (10)(a) or (b) of section 17, the authority is providing or has provided services under that section, and b children in the authority’s area who live in kinship care (within the meaning of section 22I(1)). 3 The steps that may be taken under subsection (1) include steps designed— a to enable children within subsection (2) to overcome barriers to their educational achievement; b to raise awareness of those barriers among, and to provide support for, persons who work with children within subsection (2); c to improve educational attendance and engagement of children within subsection (2); d to promote educational opportunities for children within subsection (2). 4 Subsection (1) does not require a local authority to take steps in relation to a particular child. 5 A local authority must appoint at least one person for the purpose of discharging the duty under subsection (1). 6 A person appointed by a local authority under subsection (5) must be an officer employed by that authority or another local authority. 4 In section 23ZZA (information and advice for promoting educational achievement), in subsection (6), in the definition of “relevant child”— a at the end of paragraph (a)(i) insert “or”; b omit paragraph (a)(ii) (including the “or” at the end of that paragraph); c omit the “or” at the end of paragraph (a)(iii); d after paragraph (a) insert— aa a child with respect to whom a special guardianship order is in force, ab a child with respect to whom a child arrangements order is in force, where the order provides that the child is to live with a person who is a kinship carer (within the meaning given by section 22I(6)) in relation to the child, or . 7 After section 23CZA of the Children Act 1989 insert— 23CZAA 1 A local authority in England has the duties provided for in this section towards a person— a who is a former relevant child within the meaning of section 23C, b to whom the authority has or had duties under that section, and c who is under the age of 25. 2 The authority must assess whether the provision of staying close support to the person is required in the interests of that person’s welfare. 3 If following that assessment the authority determines that staying close support is so required, the authority must provide staying close support to the person of whatever kind the authority considers appropriate having regard to the extent to which that person’s welfare requires it. 4 “Staying close support” is support provided to a former relevant child for the purpose of helping them— a to find and keep suitable accommodation, and b to access services relating to— i health and wellbeing; ii relationships; iii education and training; iv employment; v participation in society. 5 The support referred to in subsection (4) means support in the form of— a the giving of advice or information to a former relevant child, and b the making of representations on behalf of a former relevant child for the purpose mentioned in subsection (4). 6 The duties imposed on local authorities by this section are in addition to the other duties imposed on them by this Part. 8 1 Section 2 of the Children and Social Work Act 2017 (local offer for care leavers in England) is amended as follows. 2 In subsection (1), after paragraph (b) insert— c the arrangements that the local authority has in place for the purpose of supporting and assisting care leavers in their transition to adulthood and independent living. 3 In subsection (2), after paragraph (f) insert— g financial literacy. 4 After subsection (2) insert— 2A Information required to be published by a local authority under subsection (1)(c) includes information about the authority’s arrangements for— a enabling it to anticipate the future needs of care leavers in respect of accommodation and services of a kind mentioned in subsection (2); b co-operating with local housing authorities in its area in assisting former relevant children aged under 25 to find and keep suitable accommodation; c providing assistance to find and keep suitable accommodation to former relevant children aged under 25— i who are at risk of homelessness, or ii in the case of former relevant children detained in prison, a young offender institution or a secure training centre, on their release from detention; d providing financial support for care leavers; e assisting former relevant children aged under 25 to access services of a kind mentioned in subsection (2). 2B Information published for the purposes of subsection (2A)(c)(i) must include information about the authority’s arrangements for early intervention to prevent former relevant children aged under 25 from becoming homeless. 5 In subsection (7)— a in the definition of “care leavers”, for paragraph (c) substitute— c former relevant children aged under 25; ; b after that definition insert— “former relevant child” has the meaning given by section 23C(1) of the Children Act 1989; . 9 1 In section 191 of the Housing Act 1996 (becoming homeless intentionally)— a after subsection (1) insert— 1ZA But a person does not become homeless intentionally in a case described in any of subsections (1A) to (1C). ; b in subsection (1A), for the words before paragraph (a) substitute “The first case is where—”; c after subsection (1A) insert— 1B The second case is where the person is a relevant child within the meaning given by section 23A(2) of the Children Act 1989. 1C The third case is where the person is a former relevant child within the meaning given by section 23C(1) of that Act and aged under 25. ; d in subsection (3), in the words before paragraph (a), after “person” insert “, other than a person described in subsection (1B) or (1C),”. 2 The amendments made by this section do not apply in relation to an application of a kind mentioned in section 183(1) of the Housing Act 1996 made before the date on which this section comes into force, except where the local housing authority deciding the application has not yet decided the matters set out in section 184(1)(a) and (b) of that Act. 10 In section 34 of the Children Act 1989 (parental contact etc. with children in care)— a in subsection (1)— i omit the “and” at the end of paragraph (c), and ii at the end of paragraph (d) insert ; and e any brother or sister (whether of the whole or half blood) or step-brother or step-sister (whether by marriage or civil partnership) of the child. ; b in subsection (4), for “(d)” substitute “(e)”; c in subsection (8), in paragraph (za), for “(d)” substitute “(e)”. 11 1 After section 213A of the Housing Act 1996 (homelessness: co-operation in certain cases involving children) insert— 213AA 1 This section applies where a local housing authority in England secures that accommodation is available for occupation by a child, in response to an application for assistance under this Part, unless securing that such accommodation is available means the authority ceases to be subject to the duty under section 193. 2 Except as provided in subsection (3), the authority must ask the parent of the child— a to agree to the authority notifying each relevant body applicable to the child that accommodation has been secured for the child as mentioned in subsection (1), and b if that agreement is given, to provide the authority with information about those bodies to enable the authority to identify each relevant body applicable to the child. 3 If the child— a is 16 or 17 years old, b is living independently from their parents, and c is the applicant for assistance within the meaning of section 183(2), the authority must ask the child as provided in subsection (2)(a) and (b). 4 If the parent or child (as the case may be) agrees to the authority making the notification mentioned in subsection (2)(a), the authority must take reasonable steps to notify each relevant body applicable to the child within 14 days beginning with the latest of— a the day on which the authority receives agreement, b the day on which the information about the relevant body is provided to the authority, and c the day on which the child is placed in accommodation. 5 The duties in subsections (2) and (4) only arise once in relation to each application for assistance under this Part. 6 In this section “relevant body” means— a the general medical practice in England with which the child is registered; b the body in the child’s local authority area in England through which health visiting services are available to the child; c the appropriate authority of a relevant educational institution in England at which the child is a registered pupil or student. 7 The Secretary of State may make provision by regulations for the purposes of this section— a specifying any other description of body as a “relevant body”; b specifying any other institution as a relevant educational institution; c specifying the appropriate authority to be notified under this section in relation to an institution specified under paragraph (b). 8 In this section— “appropriate authority” means— in relation to an Academy, a non-maintained special school, a special post-16 institution, an independent school or a provider of post-16 education or training, the proprietor; in relation to a school maintained by a local authority or an institution within the further education sector, the governing body; “child” means a person under the age of 18; “parent” in relation to a child, includes any person— who is not a parent of the child but who has parental responsibility for the child, or who has care of the child, disregarding any absence of the child at a hospital or boarding school or any other temporary absence; “parental responsibility” has the meaning given by section 3 of the Children Act 1989; “proprietor” means the person or body of persons responsible for the management of the school or institution; “relevant educational institution” means— an Academy (as defined by section 579(1) of the Education Act 1996) other than a secure 16-19 Academy (within the meaning of section 1B(7) of the Academies Act 2010); a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998); a non-maintained special school (within the meaning of section 337A of the Education Act 1996); an independent school (within the meaning of section 463 of the Education Act 1996); an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992); a special post-16 institution (within the meaning of section 83 of the Children and Families Act 2014); a provider of post-16 education or training that provides the kind of education or training mentioned in section 123(1)(d) or (g) of the Education and Inspections Act 2006; a provider of post-16 education or training that provides education or training, other than in institutions within the further education sector, which is suitable to the requirements of persons aged 16 or over but under 19 and funded wholly or partly by the Secretary of State. 2 The amendment made by this section does not apply in relation to a child for whom a local housing authority in England has secured accommodation in response to an application for assistance under Part 7 of the Housing Act 1996 which was made before the date on which this section comes into force. 12 1 The Children Act 1989 is amended as follows. 2 After section 22I (inserted by section 5) insert— 22J 1 The Secretary of State may give directions requiring two or more local authorities to make regional co-operation arrangements. 2 “Regional co-operation arrangements” means arrangements— a for the local authorities to carry out their strategic accommodation functions jointly, b for the local authorities’ strategic accommodation functions to be carried out by one of the local authorities on behalf of the others, or c for a body corporate to support the local authorities in carrying out their strategic accommodation functions. 3 A local authority’s “strategic accommodation functions” are— a assessing current and future requirements for the accommodation of children being looked after by the local authority, b developing and publishing strategies for meeting those requirements, c commissioning the provision of accommodation for children being looked after by the local authority, d recruiting prospective local authority foster parents and supporting local authority foster parents, e developing, or facilitating the development of, new provision for the accommodation of children being looked after by the local authority, and f any other functions relating to a local authority’s duties under section 22A, 22C or 22G that are specified in regulations made by the Secretary of State. 4 Before making regulations under subsection (3)(f) the Secretary of State must consult— a local authorities, and b such other persons (if any) as the Secretary of State considers appropriate. 5 A direction under subsection (1) may— a specify which of the three kinds of regional co-operation arrangements the local authorities must make, or b specify more than one kind of regional co-operation arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make. 6 A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(b) may— a specify which local authority is to carry out the strategic accommodation functions, or b require the local authorities to determine which of them is to carry out the strategic accommodation functions. 7 A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(c) may— a specify the kind of body corporate with which the arrangements may be made; b require a body corporate to be established for the purposes of the arrangements. 8 If a direction requires a body corporate to be established, it may— a specify which of the local authorities is to establish the body corporate, or b require the local authorities to determine which of them is to establish it. 9 The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1). 10 A direction under this section may make different provision for different purposes. 3 In section 104 (regulations and orders)— a in subsection (2), after “(3AB),” insert “(3AC),”; b in subsection (3A), after “(3AB),” insert “(3AC),”; c after subsection (3AB) insert— 3AC Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 22J(3)(f). 13 1 Section 25 of the Children Act 1989 (use of accommodation for restricting liberty) is amended as follows. 2 In the following places, for “restricting” substitute “depriving children of their”— a the heading of the section; b subsection (1). 3 After subsection (1) insert— 1A Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless it appears— a that— i the child has a history of absconding and is likely to abscond from any other description of accommodation, and ii if the child absconds, the child is likely to suffer significant harm, or b that if the child is kept in any other description of accommodation the child is likely to injure themselves or other persons. 1B References in this section to “relevant accommodation” are references to accommodation that— a is provided for the purposes of the care and treatment of children, and b is capable of being used (in whole or in part), in connection with the provision of such care and treatment, for the purpose of depriving children of their liberty. 4 In subsection (2)— a in paragraph (a)— i in sub-paragraph (i) after “Scotland” insert “, or be deprived of their liberty in relevant accommodation in England,”; ii in sub-paragraph (ii) after “Scotland” insert “or be deprived of their liberty in relevant accommodation in England”; b in paragraph (b) after “Scotland” insert “, or to be deprived of their liberty in relevant accommodation in England,”. 5 In subsection (3)— a after “section” insert “in respect of a child being kept in secure accommodation”; b for “a child” substitute “the child”. 6 After subsection (5) insert— 5ZA Subsections (3) to (5) apply in respect of depriving a child of their liberty in relevant accommodation as they apply in respect of the keeping of a child in secure accommodation. 7 In subsection (5A), for “restrict the child’s” substitute “deprive the child of their”. 8 In subsection (7)— a in paragraph (c) after “Scotland” insert “or be deprived of their liberty in relevant accommodation in England”; b in paragraph (d) after “secure accommodation” insert “or be deprived of their liberty in relevant accommodation”. 9 After subsection (8) insert— 8ZA For the purposes of this section— a references in subsection (1) to any other description of accommodation do not include relevant accommodation; b references in subsection (1A) to any other description of accommodation do not include secure accommodation. 10 In section 104 of the Children Act 1989 (regulations and orders)— a in subsection (3A), after “(3B)” insert “, (3BZA)”; b after subsection (3B) insert— 3BZA Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 25(2) or (7). 11 In section 93 of the Children (Scotland) Act 1995 (interpretation)— a in the definition of “secure accommodation”, omit paragraph (b); b after that definition insert— “secure accommodation”, in relation to England, means secure accommodation within the meaning of section 25 of the Children Act 1989 or relevant accommodation within the meaning of that section; . 12 In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (interpretation)— a in the definition of “secure accommodation”, omit paragraph (b); b after that definition insert— “secure accommodation”, in relation to England, means secure accommodation within the meaning of section 25 of the Children Act 1989 or relevant accommodation within the meaning of that section, . 14 1 The Care Standards Act 2000 is amended as follows. 2 After section 23 insert— 23A 1 The CIECSS may serve an improvement plan notice on a parent undertaking if it has— a a subsidiary undertaking which meets the requirements of subsection (2); b two or more subsidiary undertakings which meet the requirements of subsection (3). 2 A subsidiary undertaking meets the requirements of this subsection if— a the subsidiary undertaking is registered under this Part as carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and b the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies. 3 A subsidiary undertaking meets the requirements of this subsection if— a the subsidiary undertaking is registered under this Part as carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and b the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies. 4 An “improvement plan notice” is a written notice which— a identifies each subsidiary undertaking which meets the requirements of subsection (2) or (3), b identifies in the case of each of those subsidiary undertakings— i the establishments or agencies in respect of which the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration, and ii the issues which have led the CIECSS to have those reasonable suspicions, c requires the parent undertaking to prepare and submit to the CIECSS an improvement plan, d specifies the period within which the plan must be submitted, and e provides information about the possible consequences of not complying with the notice. 5 An “improvement plan” is a plan which— a sets out the action the parent undertaking is proposing to take to address the issues identified in the improvement plan notice, b specifies the date by which the action will be taken, and c names an individual who meets the requirements of subsection (6). 6 The requirements are— a the individual has a significant role in the management of the parent undertaking, and b the individual may reasonably be expected to be in a position to ensure that the parent undertaking complies with the requirement imposed by section 23B(5) (requirement to implement an improvement plan). 7 The period mentioned in subsection (4)(d) must not be less than the period of 28 days beginning with the day on which the improvement plan notice is served on the parent undertaking. 8 The CIECSS may withdraw an improvement plan notice by serving written notice on the parent undertaking. 9 Where the CIECSS serves a notice on a parent undertaking under this section, the CIECSS must also serve a copy of the notice on the subsidiary undertakings identified in the improvement plan notice. 10 In this section and sections 23B to 23D, “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006. 23B 1 This section applies where a parent undertaking has submitted an improvement plan to the CIECSS. 2 If the CIECSS is satisfied that— a the plan meets the requirements in section 23A(5), and b the plan will be effective in addressing the issues identified in the improvement plan notice, the CIECSS must approve the plan; otherwise the CIECSS must reject it giving reasons for doing so. 3 The CIESS must— a serve written notice of the decision on the parent undertaking, and b serve a copy of that notice on the subsidiary undertakings identified in the improvement plan notice. 4 If the CIECSS rejects the improvement plan, the parent undertaking is to be taken as having failed to comply with the improvement plan notice. 5 If the CIECSS approves the improvement plan, the parent undertaking must implement it in full. 6 If the CIECSS is satisfied that the improvement plan has been implemented in full— a the CIECSS must serve written notice on the parent undertaking informing it of that fact, and b the CIECSS must serve a copy of that notice on the subsidiary undertakings identified in the improvement plan notice. 7 Subsection (8) applies if the individual named in an improvement plan which has been approved by the CIECSS no longer meets the requirements in section 23A(6). 8 The parent undertaking which submitted the plan must— a modify the plan so as to name an individual who meets those requirements, and b serve written notice of the modification on the CIECSS. 9 A parent undertaking may otherwise modify an improvement plan which has been approved by the CIECSS only if the CIECSS agrees to the modification. 23C 1 The CIECSS may serve a written notice (a “cancellation notice”) on a parent undertaking cancelling an improvement plan which the CIECSS has approved. 2 The cancellation notice must specify the date on which the cancellation takes effect (which may be a date before the notice is served). 3 If a cancellation notice is served on a parent undertaking, the requirements mentioned in subsection (4) cease to apply to the undertaking (or are to be treated as having ceased to apply to the undertaking) from the date specified in the notice. 4 The requirements are— a the requirement imposed by section 23B(5) (requirement to implement improvement plan); b the requirement imposed by section 23B(8) (requirement to modify improvement plan to name another senior manager). 5 The CIECSS must serve a copy of the cancellation notice on the subsidiary undertakings identified in the improvement plan notice. 23D 1 A parent undertaking may appeal to the Tribunal against a decision of the CIECSS to— a serve an improvement plan notice on the parent undertaking, or b reject an improvement plan submitted by the parent undertaking. 2 An appeal under subsection (1) must be brought within the period of 28 days beginning with the decision date. 3 The “decision date” means— a if the appeal is against a decision to serve an improvement plan notice, the day on which the notice is served on the parent undertaking; b if the appeal is against a decision to reject an improvement plan, the day on which notice of that decision is served on the parent undertaking. 4 If an appeal is brought against a decision to serve an improvement plan notice, the requirement to prepare and submit an improvement plan is suspended during the period— a beginning with the decision date, and b ending with the day on which the appeal is finally determined or withdrawn. 5 But where an improvement plan has been approved under section 23B, such an appeal does not suspend the requirements imposed by— a section 23B(5) (requirement to implement improvement plan), or b section 23B(8) (requirement to modify improvement plan to name another senior manager). 6 On an appeal against a decision to serve an improvement plan notice, the Tribunal may— a confirm the decision, or b direct that it is to cease to have effect. 7 On an appeal against a decision to reject an improvement plan, the Tribunal may— a confirm the decision, or b direct the CIECSS to retake the decision as to whether to approve or reject the plan. 3 In section 21 (appeals to Tribunal), after subsection (5) insert— 5A Subsection (1) does not apply to a decision of the CIECSS under— a section 23A(1) (service of improvement plan notices), or b section 23B(2) (rejection of improvement plans). 4 In section 22 (regulation of establishments and agencies)— a after subsection (2) insert— 2A Regulations made by the Secretary of State under subsection (2)(a) which make provision as to the persons who are fit to carry on an establishment or agency for which the CIECSS is the registration authority may, in particular, make provision by reference to whether a parent undertaking of such a person has failed to comply (or is failing to comply) with any requirement imposed by or under this Part. ; b after subsection (10) insert— 10A In subsection (2A), “parent undertaking” has the meaning given by section 1162 of the Companies Act 2006. 5 In section 37 (service of documents)— a in subsection (1)— i omit the words from “carrying” to “agency”; ii omit the “or” at the end of paragraph (a); iii at the end of paragraph (b) insert ; or c by being sent by email to the person’s email address. ; b after subsection (3) insert— 3A A notice or other document sent to a person by email is, unless the contrary is proved, to be treated as having been served on the working day immediately following the day on which it was sent. ; c after subsection (5) insert— 6 A person’s (P’s) email address for the purposes of this section is— a an email address identified for the time being by P, or by a person who manages an establishment or agency carried on by P, as an address for contacting P, or b if an email address is not so identified, an email address which the person serving the notice or other document believes is used by P. For the purposes of this subsection, a person “identifies” an email address by providing it to a registration authority or publishing it. 7 In subsection (3A) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. 15 1 The Care Standards Act 2000 is amended as follows. 2 After section 30ZB insert— 30ZC 1 The CIECSS may impose a monetary penalty on a person if the CIECSS is satisfied on the balance of probabilities that the person has failed to comply with— a an improvement plan notice served on the person under section 23A, b the requirement imposed by section 23B(5) (implementation of improvement plans), or c the requirement imposed by section 23B(8)(modification of improvement plans to name another senior manager). 2 The CIECSS may impose a monetary penalty on a person if— a the CIECSS is satisfied beyond reasonable doubt that an act or omission of the person constitutes an offence under this Part, and b the act or omission relates to an establishment or agency for which the CIECSS is the registration authority. 3 The CIECSS may not impose a monetary penalty under subsection (2) if— a the person has been convicted of an offence under this Part in respect of the act or omission, b criminal proceedings for an offence under this Part in respect of the act or omission have been instituted against the person and the proceedings have not been concluded, or c criminal proceedings for an offence under this Part in respect of the act or omission have been concluded and the person has not been convicted of the offence. 4 If the CIECSS has under subsection (2) imposed a monetary penalty on a person in respect of an act or omission (and the penalty has not been cancelled), the person may not be convicted of an offence under this Part in respect of it. 5 See Schedule 1A for further provision about monetary penalties under this section. 6 In this section references to an offence under this Part include an offence under regulations made under this Part. 30ZD The Secretary of State may by regulations make provision requiring the CIECSS to publish information about monetary penalties imposed under section 30ZC, which may include information identifying— a the persons on whom penalties were imposed, b the dates they were imposed, c the grounds for imposing them, and d their amounts. 3 In section 14(1) (grounds for cancelling registration) after paragraph (b) insert— ba on the ground that a monetary penalty has been imposed on the person under section 30ZC; . 4 In section 21 (appeals to Tribunal) after subsection (6) insert— 7 Subsection (1) does not apply to a decision of the CIECSS— a to impose a monetary penalty under section 30ZC; b as to the amount of such a penalty. 5 In the italic heading before section 30ZA, after “notices” insert “(Wales)”. 6 In section 30A (matters of which the CIECSS must notify local authorities)— a in subsection (2), after paragraph (b) insert— ba has served on P, or a parent undertaking of P, a penalty notice under paragraph 3 of Schedule 1A (monetary penalties); ; b in subsection (7), after the definition of “electronically” insert— “parent undertaking” has the same meaning as in section 23A(10); . 16 1 The Care Standards Act 2000 is amended as follows. 2 After section 30ZD (inserted by section 15) insert— 30ZE 1 A person is subject to financial oversight if the Secretary of State determines that the person is— a a relevant provider who meets one or more of the financial oversight conditions, or b a member of a relevant provider group which meets one or more of the financial oversight conditions. 2 A “financial oversight condition” is a condition specified in regulations made by the Secretary of State for the purposes of this section. 3 Before making the regulations the Secretary of State must have regard to the public interest in securing that— a a relevant provider is subject to financial oversight if the provider has a position of strategic significance in respect of the provision of relevant establishments or agencies; b a member of a relevant provider group is subject to financial oversight if the group has a position of strategic significance in that respect. 4 The conditions which may be specified in the regulations may, in particular, relate to— a the number of relevant establishments or agencies which are carried on by a relevant provider or a relevant provider group; b the size of those establishments or agencies; c the geographical concentration of those establishments or agencies; d the share of any market within England for the provision of relevant establishments or agencies which is held by a relevant provider or a relevant provider group. 5 Where the Secretary of State determines that a person is subject to financial oversight, the Secretary of State must serve written notice of the determination on the person. 6 The notice may require the person to name an individual who— a has a significant role in the management of the person, and b may reasonably be expected to be in a position to ensure that the person complies with any requirement imposed by or under section 30ZG, 30ZH or 30ZI. 7 In this section and sections 30ZF to 30ZJ— “relevant establishment or agency” means— a children’s home in England, or a fostering agency in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England); “relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies; “relevant provider group” means— a parent undertaking of a relevant provider, and its relevant subsidiary undertakings; “relevant subsidiary undertaking” means— a relevant provider, or a parent undertaking of a relevant provider; “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006. 30ZF 1 A person is subject to financial oversight for the financial oversight period. 2 The “financial oversight period” is the period of 12 months beginning with the day on which the Secretary of State makes a determination under section 30ZE(1), but this is subject to subsection (3). 3 If the Secretary of State makes a further determination under section 30ZE(1)before the end of the financial oversight period, that period is extended until the end of the period of 12 months beginning with the day on which the further determination is made. 30ZG 1 The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to— a prepare a recovery and resolution plan, and b submit the plan to the Secretary of State before the end of the period specified in the notice. 2 A recovery and resolution plan is a plan containing information about— a the nature and extent of any risk to the financial sustainability of the person, b the action the person proposes to take to mitigate or eliminate those risks, c any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised, and d the action the person proposes to take to reduce those adverse impacts if they arise. 3 The period mentioned in subsection (1)(b) must not be less than 28 days beginning with the day on which the notice is served on the person. 4 Subsection (5) applies where the person on whom the Secretary of State serves a notice under subsection (1) is a parent undertaking of a relevant provider. 5 The Secretary of State may also require that the information provided under subsection (2)(a) is to include information about the nature and extent of any risks to the financial sustainability of the relevant subsidiary undertakings of the parent undertaking. 6 The Secretary of State may serve written notice on a person who has submitted a recovery and resolution plan requiring the person to provide an explanation of any information contained in the plan. 7 Subsection (8) applies where— a a person has submitted a recovery and resolution plan to the Secretary of State, b there is a material change to the matters mentioned in subsection (2), and c the person is subject to financial oversight when the change occurs. 8 The person must inform the Secretary of State of the change as soon as is reasonably practicable. 30ZH 1 The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to provide such information as the Secretary of State considers it necessary or expedient to have for the purpose of assessing— a the nature and extent of any risks to the financial sustainability of the person; b the action the person could take to mitigate or eliminate those risks; c any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised; d the action the person could take to reduce those adverse impacts if they arise. 2 Subsection (3) applies where the Secretary of State serves a notice under subsection (1) on a person who is a parent undertaking of a relevant provider. 3 Where this subsection applies, the power under subsection (1)(a) includes the power to require information for the purposes of assessing the nature of any risks to the financial sustainability of the relevant subsidiary undertakings of the person. 4 The power under subsection (1) includes the power to require the provision of— a an explanation of any information required under that subsection, b copies of any documents or records, and c a legible copy of information recorded otherwise than in legible form. 5 Subsection (6) applies where— a a person provides information to the Secretary of State under this section, b there is a material change to that information, and c the person is subject to financial oversight when the change occurs. 6 The person must inform the Secretary of State of the change as soon as is reasonably practicable. 30ZI 1 The Secretary of State may arrange for a qualified person to carry out an independent business review in relation to a person who is subject to financial oversight (a “reviewed person”) if satisfied that either or both of the conditions in subsection (2) are met. 2 The conditions are— a there is a significant risk to the financial sustainability of the reviewed person, or b where the reviewed person is a parent undertaking of a relevant provider, there is a significant risk to the financial sustainability of one or more of their relevant subsidiary undertakings. 3 An “independent business review” is a review of— a the nature and extent of any relevant financial sustainability risks; b the action the reviewed person could take to mitigate or eliminate those risks; c any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised; d the action the reviewed person could take to reduce those adverse impacts if they arise. 4 A “relevant financial sustainability risk” means— a where the Secretary of State is satisfied that the condition in subsection (2)(a) is met, a risk to the financial sustainability of the reviewed person; b where the Secretary of State is satisfied that the condition in subsection (2)(b) is met, a risk to the financial sustainability of the relevant subsidiary undertakings mentioned in that subsection. 5 A person is “qualified” to carry out an independent business review if the Secretary of State is satisfied that the person— a is independent of the reviewed person and the Secretary of State, and b has the skills necessary to carry out the review. 6 Where the Secretary of State arranges for a qualified person to carry out an independent business review, the Secretary of State must serve a written notice on the reviewed person informing the person of that fact. 7 The notice may make provision for the reviewed person to be liable to the Secretary of State for payment of the qualified person’s remuneration and expenses relating to the review. 8 An amount payable to the Secretary of State under the notice is recoverable, if a county court so orders, as if it were payable under an order of that court. 9 The reviewed person must give the qualified person all such assistance as the qualified person may reasonably require to carry out the review. 30ZJ 1 The Secretary of State must serve a written notice (an “advance warning notice”) on a local authority if the Secretary of State considers that— a there is a real possibility that one or more relevant establishments or agencies will cease to be carried on because of any risk to the financial sustainability of a person who is subject to financial oversight, and b the local authority, or any children looked after by the local authority, might be adversely affected if that were to happen. 2 An advance warning notice must— a identify the establishments or agencies mentioned in subsection (1); b inform the local authority that the Secretary of State considers that there is a real possibility that those establishments or agencies will cease to be carried on for the reasons mentioned in that subsection, and c explain why the Secretary of State considers that the local authority, or children looked after by the local authority, might be adversely affected if that were to happen. 3 Where the Secretary of State serves an advance warning notice under subsection (1), the Secretary of State must also— a serve a copy of the notice on the CIECSS, and b inform the person who is registered as carrying on the establishments or agencies identified in the notice that an advance warning notice has been served in relation to those establishments or agencies. 3 In section 118 (orders and regulations)— a after subsection (2) insert— 2A A statutory instrument containing (alone or with other provision) regulations to which subsection (2B) applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. 2B This subsection applies to regulations under— a section 30ZE(2); ; b in subsection (3) for “subsection (2)”, in the first place it occurs, substitute “subsections (2) or (2A)”. 17 1 The Care Standards Act 2000 is amended as follows. 2 After section 30ZJ (inserted by section 16(2)) insert— 30ZK 1 The Secretary of State may by regulations provide that any profit made by a relevant provider from carrying on relevant establishments or agencies must not exceed an amount specified in, or determined in accordance with, the regulations. 2 “Relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies. 3 “Relevant establishments or agencies” are— a children’s homes in England, and b fostering agencies in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England). 4 The regulations may make provision about how the profit made by a relevant provider from carrying on relevant establishments or agencies is to be determined. 5 The provision that may be made by virtue of subsection (4) includes provision about making adjustments for disguised profit arrangements. 6 Arrangements are “disguised profit arrangements” if— a having regard to all the circumstances, it would be reasonable to conclude that the main purpose, or one of the main purposes, of the arrangements was to reduce profit, and b they meet any other conditions specified in the regulations. 7 The Secretary of State may make regulations under this section only if satisfied that it is necessary to do so, having regard to the public interest in securing that relevant providers are providing placements on terms which represent value for money. 8 Before making regulations under this section the Secretary of State must have regard to— a the welfare of children being looked after by local authorities in England, b the interests of local authorities in England, and c the interests of relevant providers (including the opportunity to make a profit). 9 Before making regulations under this section the Secretary of State must consult— a local authorities in England, b any persons appearing to the Secretary of State to represent the interests of relevant providers, and c such other persons (if any) as the Secretary of State considers appropriate. 30ZL 1 The Secretary of State may by regulations require relevant providers to make an annual return to the Secretary of State for the purpose of determining whether they have complied with any requirement imposed by regulations under section 30ZK. 2 Regulations under this section may make provision— a about the contents of the return; b about the period in respect of which, and date by which, it is to be made. 3 Regulations under this section may make provision conferring on the Secretary of State powers to require the provision of information from relevant providers in connection with the contents of the return. 4 “Relevant provider” has the same meaning as in section 30ZK. 3 In section 25 (power for regulations to create offences), after subsection (2) insert— 2A Subsection (1) does not apply to regulations under section 30ZK or 30ZL (power to limit profits). 4 In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (a) insert— b section 30ZK; . 18 1 In the Care Standards Act 2000, after section 30ZL (inserted by section 17) insert— 30ZM 1 The Secretary of State may impose a monetary penalty on a person if the Secretary of State is satisfied on the balance of probabilities that the person has failed to comply with— a any requirement imposed by or under section 30ZE, 30ZG, 30ZH or 30ZI (financial oversight); b any requirement imposed by or under regulations under section 30ZK or 30ZL (power to limit profits). 2 See Schedule 1A for further provision about monetary penalties under this section. 3 The Secretary of State may publish information about monetary penalties imposed under this section, including information identifying— a the persons on whom penalties were imposed, b the dates they were imposed, c the grounds for imposing them, and d their amounts. 2 In section 14(1) (grounds for cancelling registration) in paragraph (ba) (inserted by section 15(3)) after “30ZC” insert “or 30ZM”. 19 1 The Care Standards Act 2000 is amended as follows. 2 After section 30ZM (inserted by section 18) insert— 30ZN Schedule 1A makes provision about— a monetary penalties imposed by the CIECSS under section 30ZC, and b monetary penalties imposed by the Secretary of State under 30ZM. 3 After Schedule 1 insert— Schedule 1A Section 30ZN 1 1 In this Schedule “monetary penalty” means— a a monetary penalty under section 30ZC; b a monetary penalty under section 30ZM. 2 In this Schedule the “relevant authority” means— a in relation to a monetary penalty under section 30ZC, the CIECSS; b in relation to a monetary penalty under section 30ZM, the Secretary of State. 2 1 Before imposing a monetary penalty on a person, the relevant authority must serve on the person a notice (a “notice of intention”) stating that the relevant authority proposes to impose the penalty. 2 A notice of intention must— a state the reasons for the proposal to impose a penalty; b state the amount of the proposed penalty; c inform the person that the person may, before the end of the period of 28 days beginning with the day on which the notice is served on the person, make written representations to the relevant authority about the proposal. 3 If at any time after the notice of intention is served the relevant authority decides not to impose a monetary penalty on the person, the relevant authority must serve on the person a notice to that effect. 4 The relevant authority may not decide to impose a monetary penalty on the person before— a the relevant authority has considered any written representations made before the end of the period mentioned in sub-paragraph (2)(c), b the person has notified the relevant authority in writing that they do not intend to make representations, or c the period mentioned in sub-paragraph (2)(c) has ended without any written representations having been made. 3 1 If the relevant authority decides to impose a monetary penalty on the person, the relevant authority must (subject to sub-paragraphs (2) and (3)) serve on the person a notice to that effect. 2 A notice imposing a penalty under section 30ZC(1) or 30ZM (penalty for failure to comply with requirements) may not be served— a more than 6 months after the relevant authority first has sufficient evidence to be satisfied on the balance of probabilities that the failure to comply occurred, or b more than 3 years after the failure to comply occurred, (whichever is earlier). 3 A notice imposing a penalty under section 30ZC(2) (penalty for act or omission constituting an offence) may not be served after the end of the period within which proceedings could be brought for the offence in question (see section 29). 4 A notice imposing a penalty (a “penalty notice”) must— a state the reasons for imposing the penalty; b state the amount of the penalty; c state how the penalty may be paid; d state the period within which the penalty must be paid; e inform the person of the right to appeal under paragraph 6; f explain the consequences of non-payment. 5 The period specified under sub-paragraph (4)(d) must not be less than 28 days beginning with the day on which the penalty notice is served on the person. 6 The person must pay the penalty before the end of— a the period specified under sub-paragraph (4)(d), or b if an appeal is brought under paragraph 6, the period of 28 days beginning with the day on which the appeal is withdrawn or finally determined (if the penalty notice then has effect). 7 Where a penalty notice has been served on a person, the relevant authority may cancel or vary it by serving on the person a notice to that effect (but may not vary it so as to increase the amount of the penalty or reduce the period within which it may be paid). 4 1 Subject to sub-paragraphs (2) to (4), a monetary penalty may be of any amount. 2 The Secretary of State may by regulations set the maximum amount of a penalty imposed under section 30ZC(1) or 30ZM (penalty for failure to comply with requirements). 3 The amount of a penalty imposed by the CIECSS under section 30ZC(2) (penalty for act or omission constituting an offence) may not exceed the amount of the fine that may be imposed on summary conviction for the offence in question (where that is not an unlimited amount). 4 In deciding the amount of a monetary penalty, the relevant authority must consider— a the nature and seriousness of the failure to comply, or the act or omission, for which the penalty is to be imposed; b whether there are any mitigating or aggravating factors; c whether the person has previously failed to comply with, or committed offences under, this Part or regulations made under it; d the likely impact of the monetary penalty on the person. 5 1 This paragraph applies if all or part of a monetary penalty is unpaid by the time when it is required to be paid. 2 The unpaid amount of the penalty for the time being carries interest at the rate specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section). 3 The total amount of interest imposed must not exceed the amount of the penalty. 4 The unpaid amount of the penalty and any unpaid interest may be recovered by the relevant authority as a debt. 6 1 A person on whom a penalty notice has been served may appeal to the Tribunal against the decision of the relevant authority— a to impose the penalty; b as to the amount of the penalty. 2 An appeal under this paragraph may not be brought after the end of the period of 28 days beginning with the day on which the penalty notice was served on the person. 3 On an appeal under this paragraph the Tribunal may— a confirm the penalty notice, b direct that the penalty notice ceases to have effect, or c in the case of an appeal against the amount of the penalty, vary the amount. 4 In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (b) (inserted by section 17(4)) insert— c paragraph 4(2) of Schedule 1A. 20 1 In the Care Standards Act 2000, after section 30ZN (inserted by section 19(2)) insert— 30ZO 1 The Secretary of State may require the CIECSS to provide relevant information to the Secretary of State for use in connection with the Secretary of State’s functions under this Part. 2 The CIECSS may otherwise provide relevant information to the Secretary of State for use in connection with those functions. 3 The Secretary of State may provide relevant information to the CIECSS for use in connection with the CIECSS’s functions under this Part. 4 “Relevant information” means information held by a person in connection with their functions under this Part. 5 The Secretary of State may provide financial oversight information to the Care Quality Commission for use in connection with the Commission’s functions under sections 54 to 56 of the Care Act 2014. 6 “Financial oversight information” means information held by the Secretary of State in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ. 7 This section does not limit the circumstances in which information may be disclosed apart from this section. 8 A disclosure of information authorised by or required under this section does not breach— a any obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 2 In the Care Act 2014, after section 56 insert— 56A 1 The Care Quality Commission may provide market oversight information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000. 2 “Market oversight information” means information held by the Commission in connection with its functions under sections 54 to 56. 3 A disclosure of information authorised by subsection (1) does not breach— a any obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 21 After section 32 of the Children and Social Work Act 2017 insert— 32A 1 The Secretary of State may by regulations impose requirements on English local authorities about the use of agency workers in connection with the children’s social care functions of those authorities. 2 An “agency worker” is an individual— a who is supplied by a person (the “agent”) to do work for another person (a “principal”) under arrangements between the agent and the principal, and b who is not, as respects that work, a worker of the principal because of the absence of a worker’s contract between the individual and the principal. 3 The “children’s social care functions” of an English local authority are its functions under any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970, so far as those functions relate to persons under the age of 18. 4 The regulations may, in particular— a require that agency workers used in connection with the children’s social care functions of an English local authority meet specified requirements; b make provision about the way in which such agency workers may be managed; c make provision about the terms on which such agency workers may be supplied to English local authorities (including the amounts which may be paid under such arrangements). 5 Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate. 6 Regulations under this section are subject to the affirmative resolution procedure. 7 In this section— “English local authority” means— a county council in England; a district council; a London borough council; the Common Council of the City of London (in their capacity as a local authority); the Council of the Isles of Scilly; a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; “worker” and “worker’s contract” have the same meanings as in the Employment Rights Act 1996 (see section 230(3) of that Act). 22 1 The Criminal Justice and Courts Act 2015 is amended as follows. 2 In section 20 (ill-treatment or wilful neglect: care worker offence)— a in subsection (3)— i omit “or” after paragraph (a); ii after paragraph (b) insert or c care or support for a child aged 16 or 17 at a regulated establishment, ; b after subsection (6) insert— 6A “Regulated establishment” means— a a children’s home in England as defined by section 1 of the Care Standards Act 2000; b a residential family centre in England as defined by section 4 of that Act; c an establishment in England providing accommodation in respect of which requirements under Part 2 of the Care Standards Act 2000 are applied by virtue of regulations under section 42 of that Act (power to extend application of Part 2 of that Act); d youth detention accommodation in England as defined by section 248(1) of the Sentencing Act 2020; e a place in Wales at which a care home service or a residential family centre service, as defined by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided; f a place in Wales at which accommodation is provided to disabled children and which is notified to the Welsh Ministers in accordance with regulations under section 2 of that Act; g youth detention accommodation in Wales as defined by section 188(1) of the Social Services and Well-being (Wales) Act 2014 (anaw 4). ; c in subsection (7) after “social care” insert “, or care or support at a regulated establishment,”. 3 In section 21 (ill-treatment or wilful neglect: care provider offence)— a in subsection (2)(a), for the words after “the provision of” to the end substitute “regulated care, or”; b after subsection (2) insert— 2A “Regulated care” means— a health care for an adult or child, other than excluded health care, b social care for an adult, or c care or support for a child provided at a regulated establishment. ; c in subsection (3)— i in paragraph (b) for “health care or social care as part of health care or social care” substitute “regulated care as part of such care”; ii in the words after that paragraph for “health care or social care”, at both places where those words appear, substitute “regulated care”; d in subsection (4) for “health care or social care” substitute “regulated care”; e in subsection (7)(a), for “health care or social care” substitute “regulated care”; f in subsection (8), for “health care or social care” substitute “regulated care”; g in subsection (9), in the second definition, after ““health care”” insert “, “regulated establishment””. 4 In section 25 (care provider offence: liability for ancillary and other offences)— a in subsection (4)— i omit “or” after paragraph (a); ii after paragraph (b) insert , or c the provision of care or support for a child at a regulated establishment. ; b in subsection (5), in the second definition— i before ““health care”” insert ““child”,”; ii after ““health care”” insert “, “regulated establishment””. 23 1 It is the duty of every relevant authority when exercising its functions— a to be alert to matters which adversely affect, or might adversely affect, the wellbeing of looked-after children and relevant young people; b to assess what services or support provided by the authority are or may be available for looked-after children and relevant young people; c to seek to provide opportunities for looked-after children and relevant young people to participate in activities designed to promote their wellbeing or enhance their employment prospects; d to take such action as the authority considers appropriate to help looked-after children and relevant young people— i to make use of services, and access support, provided by the authority, and ii to access opportunities provided by the authority in pursuance of paragraph (c). 2 The duty imposed by subsection (1)— a applies to a relevant authority only so far as compliance with the duty— i is consistent with the proper exercise of its functions, and ii is reasonably practicable, and b does not apply as mentioned in section 24. 3 “Relevant authority” means a person listed, or within a description listed, in Part 1 of Schedule 1. 4 “Looked-after child” means a person aged under 18 who is— a looked after by a local authority for the purposes of the Children Act 1989, the Social Services and Well-being (Wales) Act 2014 (anaw 4) or the Children (Scotland) Act 1995, or b looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)). 5 “Relevant young person” means a person who— a is aged 16 or over but under 25, and b was a looked-after child on their 16th birthday or at any subsequent time but is no longer a looked-after child. 24 1 The duty under section 23(1) does not apply in relation to the exercise of— a any function of the Secretary of State in relation to immigration, asylum or nationality, or b any general customs function of the Secretary of State. 2 In subsection (1)(b), “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act). 3 The duty under section 23(1) does not apply in relation to— a the exercise of a function in or as regards Scotland to the extent that the function could be conferred by provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998); b the exercise of a function in relation to Wales to the extent that the function could be conferred by provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006); c the exercise of a function in or as regards Northern Ireland to the extent that the function could be conferred by provision that— i would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998), and ii would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of that Act. 25 1 Relevant authorities and local authorities in England must, so far as reasonably practicable, collaborate with each other when performing their corporate parenting duty where they consider that doing so would safeguard or promote the wellbeing of looked-after children or relevant young people. 2 In subsection (1), “corporate parenting duty” means— a in the case of a relevant authority, the duty under section 23(1); b in the case of a local authority in England, the duty under section 1(1) of the Children and Social Work Act 2017. 3 Collaboration under subsection (1) may in particular include— a sharing information; b providing advice or assistance; c co-ordinating activities (and seeking to prevent unnecessary duplication). 4 Subsection (1) is not to be read as requiring or authorising a disclosure of information which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. 5 In this section— “local authority in England” has the same meaning as in section 1 of the Children and Social Work Act 2017; “relevant authority”, “looked-after children” and “relevant young people” have the same meaning as in section 23. 6 In section 1 of the Children and Social Work Act 2017, after subsection (4) insert— 5 See also section 25 of the Children’s Wellbeing and Schools Act 2026, which requires local authorities in England to collaborate with other bodies in performing their respective corporate parenting duties. 26 1 A relevant authority must have regard to any guidance given by the Secretary of State as to the performance of the duty under section 23(1). 2 Guidance for the purposes of this section may in particular include guidance about— a how the duty under section 23(1) applies in relation to a particular relevant authority or to relevant authorities of a particular description; b outcomes which a relevant authority should seek to achieve in performing the duty. 3 Before giving guidance, the Secretary of State must consult— a those relevant authorities to which the guidance relates, and b such other persons as the Secretary of State considers appropriate. 4 In this section, “relevant authority” has the same meaning as in section 23. 27 1 The Secretary of State must, after the end of each relevant three-year period, lay before Parliament a report on how the Secretary of State has performed the duty under section 23(1) during that period. 2 In subsection (1), “relevant three-year period” means— a the period of three years beginning with the day on which this section comes into force, and b each subsequent period of three years. 28 1 The Children and Young Persons Act 1933 is amended as follows. 2 For section 18 substitute— 18 1 A child may not be employed to work— a so long as the child is under the age of 14 (subject to regulations under subsection (2)); b to do any work other than light work; c to do work of a description specified in regulations made by the appropriate national authority; d before 7.00 a.m. or after 8.00 p.m. on any day; e on any day on which the child is required to attend school— i for more than one hour before the start of school hours, ii during school hours, or iii for more than two hours in total in the day; f for more than 12 hours in any week in which the child is required to attend school; g for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school; h for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school; i for more than four hours in any day without a break of one hour; j at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school. 2 The appropriate national authority may by regulations authorise the employment of children aged 13 to do specified descriptions of light work. 3 A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the appropriate national authority. 4 The appropriate national authority may by regulations— a make provision in relation to child employment permits; b provide that subsection (3) does not apply in specified cases or circumstances; c make provision about the keeping of records. 5 The provision that may be made in reliance on subsection (4)(a) includes provision— a authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application; b requiring a local authority to have regard to specified matters when determining an application; c for the grant of a child employment permit subject to conditions determined by a local authority; d requiring a child employment permit to contain specified information; e authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances; f about appeals against— i a decision to reject an application, or ii the revocation of a child employment permit; g imposing requirements on persons employing children (including requirements to produce child employment permits for inspection); h requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in England or Wales or to a local authority in Scotland. 6 The appropriate national authority may by regulations make provision (subject to subsection (1) and regulations under subsection (2))— a specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed; b specifying the intervals to be allowed to children for meals and breaks, when in employment; c about entitlement to leave; d specifying other conditions to be met in relation to the employment of children. 7 Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything— a under the authority of a licence granted under this Part, or b in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it. 8 In this section— “appropriate national authority” means— in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed— is not likely to be harmful to the safety, health or development of children, and is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 7 of the Education Act 1996 or to their participation in work experience in accordance with section 560 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be); “local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “specified”, in relation to regulations made under any provision of this section, means specified in the regulations; “week” means any period of seven consecutive days; “year” means a period of 12 months beginning with 1 January. 18A 1 Regulations under section 18 may— a make different provision for different purposes or areas; b make provision subject to exceptions; c make transitional or saving provision. 2 Regulations under section 18 may provide for the processing of information in accordance with the regulations not to be in breach of— a any obligation of confidence owed by the person processing the information, or b any other restriction on the processing of information (however imposed). 3 Regulations under section 18 made by the Secretary of State are to be made by statutory instrument. 4 Regulations under section 18 made by the Welsh Ministers are to be made by Welsh statutory instrument. 5 A statutory instrument containing regulations made by the Secretary of State under section 18 is subject to annulment in pursuance of a resolution of either House of Parliament. 6 Regulations made by the Welsh Ministers under section 18 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)). 7 In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 3 In section 21 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”. 4 In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”. 5 In section 30 (interpretation), in subsection (1), after “byelaws” insert “or regulations”. 6 In Schedule 36A to the Education Act 1996, in the table, omit the entry for section 18 of the Children and Young Persons Act 1933 (including the title of that Act). 7 In Part 2 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012 (anaw 2), in the table, in the English language and Welsh language texts, omit the entry that relates to byelaws made under section 18 of the Children and Young Persons Act 1933 (referred to as “adran 18 o Ddeddf Plant a Phobl Ifanc 1933” in the Welsh language text). 29 1 The Children and Young Persons (Scotland) Act 1937 is amended as follows. 2 For section 28 substitute— 28 1 A child may not be employed to work— a so long as the child is under the age of 14 (subject to regulations under subsection (2)); b to do any work other than light work; c to do work of a description specified in regulations made by the Scottish Ministers; d before 7.00 a.m. or after 8.00 p.m. on any day; e on any day on which the child is required to attend school— i for more than one hour before the start of school hours, ii during school hours, or iii for more than two hours in total in the day; f for more than 12 hours in any week in which the child is required to attend school; g for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school; h for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school; i for more than four hours in any day without a break of one hour; j at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school. 2 The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work. 3 A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers. 4 The Scottish Ministers may by regulations— a make provision in relation to child employment permits; b provide that subsection (3) does not apply in specified cases or circumstances; c make provision about the keeping of records. 5 The provision that may be made in reliance on subsection (4)(a) includes provision— a authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application; b requiring a local authority to have regard to specified matters when determining an application; c for the grant of a child employment permit subject to conditions determined by a local authority; d requiring a child employment permit to contain specified information; e authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances; f about appeals against— i a decision to reject an application, or ii the revocation of a child employment permit; g imposing requirements on persons employing children (including requirements to produce child employment permits for inspection); h requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales. 6 The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))— a specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed; b specifying the intervals to be allowed to children for meals and breaks, when in employment; c about entitlement to leave; d specifying other conditions to be met in relation to the employment of children. 7 Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything— a under the authority of a licence granted under this Part, or b in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it. 8 In this section— “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed— is not likely to be harmful to the safety, health or development of children, and is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be); “local authority in England” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act); “specified”, in relation to regulations made under any provision of this section, means specified in the regulations; “week” means any period of seven consecutive days; “year” means a period of 12 months beginning with 1 January. 28A 1 Regulations under section 28 may— a make different provision for different purposes or areas; b make provision subject to exceptions; c make transitional or saving provision. 2 Regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of— a any obligation of confidence owed by the person processing the information, or b any other restriction on the processing of information (however imposed). 3 Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). 4 In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 3 In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”. 4 In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”. 5 In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”. 6 In section 37 (interpretation), after “byelaws” insert “or regulations”. 7 In section 38 (savings)— a omit subsection (3); b in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”. 8 In section 110(1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”. S. 1 not in force at Royal Assent, see s. 78(5)S. 2 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 3 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 4 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 6 not in force at Royal Assent, see s. 78(5)S. 7 not in force at Royal Assent, see s. 78(5)S. 8 not in force at Royal Assent, see s. 78(5)S. 9 not in force at Royal Assent, see s. 78(5)S. 10 not in force at Royal Assent, see s. 78(5)S. 11 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 12 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 13 not in force at Royal Assent, see s. 78(5)S. 14 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 15 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 16 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 17 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 18 not in force at Royal Assent, see s. 78(5)S. 19 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 20 not in force at Royal Assent, see s. 78(5)S. 21 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)S. 23 not in force at Royal Assent, see s. 78(5)S. 24 not in force at Royal Assent, see s. 78(5)S. 25 not in force at Royal Assent, see s. 78(5)S. 26 not in force at Royal Assent, see s. 78(5)S. 27 not in force at Royal Assent, see s. 78(5)S. 28 in force at Royal Assent for specified purposes, see s. 78(1)(a)(3)(5)S. 29 in force at Royal Assent for specified purposes, see s. 78(1)(a)(4)S. 5 in force at 29.6.2026, see s. 78(2)S. 22 in force at 29.6.2026, see s. 78(2)S. 15(3)-(5), (6)(a) in force at 15.7.2026 in so far as not already in force by S.I. 2026/803, reg. 3(d)(ii)S. 1 in force at 15.7.2026 by S.I. 2026/803, reg. 3(a)S. 12 in force at 15.7.2026 in so far as not already in force by S.I. 2026/803, reg. 3(b)S. 14(4)(5) in force at 15.7.2026 in so far as not already in force by S.I. 2026/803, reg. 3(c)S. 15(2) in force at 15.7.2026 for specified purposes by S.I. 2026/803, reg. 3(d)(i)S. 16 in force at 15.7.2026 in so far as not already in force by S.I. 2026/803, reg. 3(e)S. 18(1) in force at 15.7.2026 for specified purposes by S.I. 2026/803, reg. 3(f)(i)S. 18(2) in force at 15.7.2026 by S.I. 2026/803, reg. 3(f)(ii)S. 19 in force at 15.7.2026 in so far as not already in force by S.I. 2026/803, reg. 3(g)S. 20 in force at 15.7.2026 by S.I. 2026/803, reg. 3(h)S. 14(1) in force at 15.7.2026 for specified purposes by S.I. 2026/803, reg. 3(c)S. 15(1) in force at 15.7.2026 for specified purposes by S.I. 2026/803, reg. 3(d)(iii)