Welsh Statutory Instruments
2002 No. 2935 (W.277)
CHILDREN AND YOUNG PERSONS, WALES
SOCIAL CARE, WALES
The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 2002
Made 27th November 2002
Coming into force 31st December 2002

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 23(2)(a) and (f), (5) and (9), 23A(3), 25(2) and (7), 26(1), (2), (5) and (6), 51(4), 59(2) to (5) and 104(4) of, and paragraphs 13 and 14 of Schedule 2, paragraph 4(1)(a) of Schedule 4, paragraph 7(1)(a) of Schedule 5, and paragraph 10(1)(a) and (2)(l) of Schedule 6 to, the Children Act 1989 and sections 3(3), 12(2)(a), 16(1)(a) and (3), 22(1) and 118(6) of the Care Standards Act being of the opinion that these Regulations do not effect any substantial change in the provision made by other regulations made under section 22 of the 2000 Act hereby makes the following Regulations:
1989 c. 41. The powers are conferred upon the Secretary of State. They are exercisable by the National Assembly for Wales in relation to Wales by virtue of section 22(1) of the Government of Wales Act 1998 (c. 38), and article 2 of, and the entry in respect of the Children Act 1989 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and, in respect of the power under section 23A of the 1989 Act, by section 8(7) of the Children (Leaving Care) Act 2000 (c. 35). See section 105(1) of the 1989 Act for the definition of “prescribed”.
2000 c. 14. The powers are conferred upon the “appropriate Minister”. “appropriate Minister” means the Assembly in relation to Wales: s.121(1) of the 2000 Act. “Assembly” means the National Assembly for Wales: section 5(b) of the 2000 Act. In relation to England, Scotland and Northern Ireland “appropriate Minister” means the Secretary of State: section 121(1) of the 2000 Act. See section 121(1) of the 2000 Act for the definitions of “regulations” and “prescribed”.
Under section 22(9) of the 2000 Act the appropriate Minister shall consult any person he considers appropriate before making any regulations under section 22, unless the regulations amend other regulations made under that section and in his opinion the regulations do not effect any substantial change in the provision made by those regulations. These Regulations amend other regulations made under section 22: see regulation 2.

Citation, commencement, application and interpretation
1. (1) These Regulations may be cited as the Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 2002, and shall come into force on 31st December 2002.
(2) These Regulations apply in relation to Wales.
(3) In these Regulations—
“1984 Act” (“Deddf 1984”) means the Registered Homes Act 1984;
1984 c. 24.
“1989 Act” (“Deddf 1989”) means the Children Act 1989;
“2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;
“home” (“cartref”) means—
(a) a community home within the meaning of section 53 of the 1989 Act;
(b) a home that was registered under Part VIII of the 1989 Act;
The provisions of Part VIII of the 1989 Act about the registration of certain children’s homes were repealed by section 117(2) of, and Schedule 6 to, the 2000 Act, subject to the transitional provisions in article 3 of the No. 8 Commencement Order.
(c) a home that was registered in a register kept for the purposes of section 60 of the 1989 Act;
The provisions of section 60 of the 1989 Act about the registration of voluntary children’s homes were repealed by section 117(2) of, and Schedule 6 to, the 2000 Act, subject to the transitional provisions in article 3 of the No. 8 Commencement Order.
(d) a home referred to in article 3(9) of the No. 8 Commencement Order ;
Article 3(9) applies to certain children’s homes that at 1st April 2002 were not registered under Part VIII of the 1989 Act, but in respect of which, by virtue of article 3(1) of the Care Standards Act 2000 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2001 (S.I. 2001/139), the person carrying on the home was protected from committing the offence under section 63(10) of the 1989 Act of carrying on an unregistered children’s home. S.I. 2001/139 enacted transitional provisions in association with its commencement of section 40 of the 2000 Act, which amended section 63 of the 1989 Act so as to remove the exemption from the requirement to register under that section in respect of children’s homes that accommodated three or fewer children.
(e) a residential care home within the meaning of section 1(1) of the 1984 Act, a nursing home within the meaning of section 21 of the 1984 Act, and a mental nursing home within the meaning of section 22 of the 1984 Act.
The 1984 Act was repealed by section 117(2) of, and Schedule 6 to, the 2000 Act, subject to the transitional provisions in article 3 of the No. 8 Commencement Order.
“the No. 8 Commencement Order” (“Gorchymyn Cychwyn Rhif 8”) means the Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002.
S.I. 2002/920.

Amendment of the Care Homes (Wales) Regulations 2002
2. (1) In regulation 2(1) of the Care Homes (Wales) Regulations 2002 the definition of “relative” is amended in accordance with paragraph (2) of this regulation.
S.I. 2002/324.
(2) For the words “(d) any individual with whom the person was accommodated for more than 28 days between the ages of sixteen and eighteen under fostering arrangements, or the individual’s spouse” substitute “(d) any individual who was provided with accommodation for more than 28 days between the ages of sixteen and eighteen under fostering arrangements made with the person, or the individual’s spouse”.

Amendment of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002
3. In paragraph 3 of Schedule 1 to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 at the beginning of sub-paragraph (a) insert the words “except where the applicant is a local authority or NHS Trust,”.
S.I. 2002/919.

Amendment of the Registration of Social Care and Independent Health Care (Fees) (Wales) Regulations 2002
4. In regulation 7(5)(c) of the Registration of Social Care and Independent Health Care (Fees) (Wales) Regulations 2002 for the word “home” substitute “independent hospital or clinic”.
S.I. 2002/921.

Amendment of the Arrangements for Placement of Children (General) Regulations 1991
5. (1) The Arrangements for the Placement of Children (General) Regulations 1991 are amended in accordance with the following provisions of this regulation.
S.I. 1991/890, as amended by S.I. 1991/2033, S.I. 1993/3069, S.I. 1995/2015 and S.I. 1997/649.
(2) In regulations 1(2), 2(1), 5(1), 6, 10(2) and (3) and 11, and in paragraph 5 of Schedule 4, in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”.
(3) In regulation 1(2) (interpretation), in the definition of “placement”, in both paragraph (a) and (b), for “(b), (c), (d)” substitute “(aa)”.
The provisions substituted are references to provisions of the Children Act 1989 that were themselves substituted by section 116 of, and paragraph 14(1), (3) and (8) of Schedule 4 to, the Care Standards Act 2000.
(4) In regulation 2(2) (application of regulations) for the words after “voluntary organisation”, substitute “, in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.
(5) In regulation 11 (access by guardians ad litem to records and register), and in the heading to that regulation, for “guardian ad litem” substitute “officer of the service”.
Section 105(1) of the Children Act 1989 provides that “officer of the service” has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43). See section 11(3) of that Act.
(6) In Schedule 3 (educational considerations to which responsible authorities are to have regard), in paragraph 4—
(a) for “Education Act 1981” substitute “Education Act 1996”; and
1996 c. 56.
(b) for “section 7” substitute “section 324”.

Amendment of the Placement of Children with Parents etc. Regulations 1991
6. (1) The Placement of Children with Parents etc. Regulations 1991 are amended in accordance with the following provisions of this regulation.
S.I. 1991/893, as amended by S.I. 1995/2015.
(2) In regulation 1(2) (interpretation), the definition of “guardian ad litem” is omitted.
(3) In paragraph 1 of Schedule 1 (particulars to be taken into account)—
(a) in sub-paragraph (f), for the words from “under” to “Act” substitute “for child minding or day care”; and
(b) for sub-paragraph (k) substitute—

“(k) details of any criminal offences of which he has been convicted, or in respect of which, at the time the caution was given, he admitted.”.

Amendment of the Review of Children’s Cases Regulations 1991
7. (1) The Review of Children’s Cases Regulations 1991 are amended in accordance with the following provisions of this regulation.
S.I. 1991/895, as amended by S.I. 1991/2033, S.I. 1993/3069, S.I. 1995/2015, and S.I. 1997/649.
(2) In regulation 1(2) (interpretation), the definition of “guardian ad litem” is omitted.
(3) In regulations 1(2) and 12, in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”.
(4) In regulation 13 (exceptions to application of Regulations), for the words from “on behalf of” to the end of the regulations, substitute “by a local authority or a voluntary organisation in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.
(5) In Schedule 2 (considerations to which responsible authorities are to have regard), in paragraph 4, for “Education Act 1981” substitute “Education Act 1996”.

Amendment of the Representations Procedure (Children) Regulations 1991
8. The Representations Procedure (Children) Regulations 1991 are amended as follows—
S.I. 1991/894, as amended by S.I. 1991/2033, S.I. 1993/3069 and S.I. 2001/2189.
(a) in regulation 11(2) (application to voluntary organisations and registered children’s homes), in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”; and
(b) in regulation 11A (exceptions to application of regulations) for the words after “voluntary organisation” to the end of the regulation, substitute “, in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.

Amendment of the Refuges (Children’s Homes and Foster Placements) Regulations 1991
9. The Refuges (Children’s Homes and Foster Placements) Regulations 1991 are amended as follows—
S.I. 1991/1507.
(a) in regulation 2(1) (interpretation), in the definition of “home” and in regulation 4(2), for the words “registered children’s home” substitute “private children’s home”; and
(b) in regulation 4(1) (withdrawal of a certificate) in sub-paragraph (b), for “Part II of the Children’s Homes Regulations 1991” substitute “Parts III to V of the Children’s Homes (Wales) Regulations 2002”.
S.I. 2002/327.

Amendment of the Children (Secure Accommodation) Regulations 1991
10. The Children (Secure Accommodation) Regulations 1991 are amended as follows—
S.I. 1991/1505, as amended by S.I. 1992/2117, S.I. 1995/1398, S.I. 1996/692 and S.I. 2000/694.
(a) in regulation 2(1) (interpretation), in the definition of “children’s home”, for “registered” substitute “private”;
(b) in regulation 5 (children to whom section 25 of the Act shall not apply), in paragraph (1), for “section 53” to the end of that paragraph, substitute “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s Pleasure or for specified period).”; and
2000 c. 6.
(c) in regulation 7 (children to whom section 25 of the Act shall apply and have effect subject to modifications)—
(i) in each of paragraphs (1)(b) and (3)(b), for “residential care homes, nursing homes or mental nursing homes” substitute “care homes or independent hospitals”; and
(ii) in paragraph (3)(a) for “residential care home, a nursing home or a mental nursing home” substitute “care home or an independent hospital”.

Amendment of the Children (Secure Accommodation) (No. 2) Regulations 1991
11. In paragraph (2) of regulation 2 of the Children (Secure Accommodation) (No. 2) Regulations, for “residential care home, nursing home, or mental nursing home” substitute “care home or independent hospital”.
S.I. 1991/2034, as amended by S.I. 2000/694.

Amendment of the Children (Leaving Care) (Wales) Regulations 2001
12. In the definition of “hospital” in regulation 2 of the Children (Leaving Care) (Wales) Regulations 2001 for paragraph (b) substitute “(b) a registered establishment within the meaning of section 34(1) of the Mental Health Act 1983”.
S.I. 2001/2189.
1983 c. 20. Section 34(1) is amended by section 116 to, and paragraph 9(4) of Schedule 4 to, the Care Standards Act 2000. A registered establishment is an establishment which is not a hospital for the purposes of Part II of the 1983 Act, in respect of which a person is registered under Part II of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under the 1983 Act.

Transitional provision
13. (1) No amendment made in regulations 5 to 12 of these Regulations shall apply in respect of, or in relation to, a home to which, for the time being, any of the provisions mentioned in paragraph (2) apply.
(2) The provisions are paragraphs (6) to (9) of article 3 of the No. 8 Commencement Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
1998 c. 38.
D. Elis-Thomas
The Presiding Officer of the National Assembly
27th November 2002

(This note is not part of the Regulations)
These Regulations, which apply in relation to Wales, make miscellaneous amendments to a number of Regulations which govern the placement, care and accommodation of children looked after by local authorities in the exercise of their functions under the Children Act 1989 ('the 1989 Act'), and to a number of Regulations made under the Care Standards Act 2000 ('the 2000 Act').
The 1989 Act Regulations are amended as a consequence of the implementation of Part II of the 2000 Act in respect of children’s homes and care homes. Various other minor and updating amendments are also made.
The 2000 Act Regulations are amended to remedy a minor drafting error, and also: (i) in respect of the Care Homes (Wales) Regulations 2002, to clarify that where an establishment only provides care together with accommodation to certain ex-foster children of the person carrying it on it is not a care home for the purposes of Part II of the 2000 Act; and (ii) in respect of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002, to omit the requirement that a local authority or a NHS Trust must supply a financial reference to accompany an application for registration under Part II of the Care Standards Act 2000.