Care Standards Act 2000
Subsections (2) to (6) have effect for the purposes of this Act as it applies in relation to England.
An establishment in England is a children’s home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.
But accommodation shall not for the purposes of paragraph (a) be regarded as provided to children for a number of days unless there is at least one child to whom it is provided for that number of days; and paragraph (b) shall be construed accordingly.
An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.
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a health service hospital;
an independent hospital or an independent clinic; or
a residential family centre,
Subject to subsection (6), an establishment is not a children’s home if it is a school.
A school is a children’s home at any time if at that time accommodation is provided for children at the school and either— and in this subsection “year” means a period of twelve months.
in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or
it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;
For the purposes of this section a person is a foster parent in relation to a child if—
he is a local authority foster parent in relation to the child;
he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or
he fosters the child privately.
Subsections (2) to (6) apply for the purposes of this Act as it applies in relation to Wales.
A hospital which is not a health service hospital is an independent hospital.
“Hospital” (except in the expression health service hospital) means—
an establishment—
the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or
in which (whether or not other services are also provided) any of the listed services are provided;
any other establishment in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983.
“Independent clinic” means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).
“Independent medical agency” means an undertaking (not being an independent clinic or an independent hospital) which consists of or includes the provision of services by medical practitioners.
References to a person liable to be detained under the Mental Health Act 1983 do not include a person absent in pursuance of leave granted under section 17 of that Act.
In this section “listed services” means—
medical treatment under anaesthesia or sedation;
dental treatment under general anaesthesia;
obstetric services and, in connection with childbirth, medical services;
termination of pregnancies;
cosmetic surgery other than—
ear and body piercing;
tattooing;
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; and
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current;
treatment using prescribed techniques or prescribed technology.
Regulations may—
except any description of establishment from the definitions in subsections (2) to (4);
except any description of undertaking from the definition in subsection (5);
modify the definition in subsection (7).
For the purposes of this Act, an establishment in England is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.
They are—
persons who are or have been ill;
persons who have or have had a mental disorder;
persons who are disabled or infirm;
persons who are or have been dependent on alcohol or drugs.
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a hospital;
an independent clinic; or
a children’s home,
And an establishment ... is not a care home if it is— or if it is of a description excepted by regulations.
a hospital (within the meaning of the National Health Service Act 2006); or
a children's home,
This section has effect for the purposes of this Act.
“Residential family centre” means, subject to subsection (6), any establishment in England at which—
accommodation is provided for children and their parents;
the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed; and
the parents are given such advice, guidance or counselling as is considered necessary.
“to foster a child privately” has the same meaning as in the 1989 Act;
“Domiciliary care agency” means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
“Fostering agency” means, subject to subsection (6)—
an undertaking which consists of or includes discharging functions of local authorities in England in connection with the placing of children with foster parents; or
a voluntary organisation in England which places children with foster parents under section 59(1) of the 1989 Act.
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The definitions in subsections (2) to (5) do not include any description of establishment, undertaking or organisation excepted from those definitions by regulations.
“Voluntary adoption agency” means an adoption society within the meaning of the the Adoption and Children Act 2002 which is a voluntary organisation within the meaning of that Act whose principal office is in England.
Below in this Act—
any reference to a description of establishment is a reference to—
a children's home in England,
a children's home in England providing accommodation for the purpose of restricting liberty,
an independent hospital in Wales,
an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,
an independent clinic in Wales,
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a residential family centre in England;
a reference to any establishment is a reference to an establishment of any of those descriptions.
Below in this Act—
any reference to a description of agency is a reference to—
an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,
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a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,
a voluntary adoption agency, or
an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;
a reference to any agency is a reference to an agency or branch of any of those descriptions.
“Adoption support agency” means an undertaking in England which is an adoption support agency within the meaning given by section 8 of the Adoption and Children Act 2002.
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For the purposes of this Act—
the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);
the registration authority in the case of establishments and agencies mentioned in subsection (1B) is the National Assembly for Wales (referred to in this Act as “the Assembly”).
The establishments and agencies mentioned in subsection (1)(a) are—
children's homes in England,
residential family centres in England,
fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,
voluntary adoption agencies whose principal office is in England, and
adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England. ...
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The establishments mentioned in subsection (1)(b) are—
independent hospitals in Wales;
independent clinics in Wales;
independent medical agencies in Wales.
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There shall be a body corporate, to be known as the National Care Standards Commission (referred to in this Act as “the Commission”), which shall exercise in relation to England the functions conferred on it by or under this Act or any other enactment.
The Commission shall, in the exercise of its functions, act—
in accordance with any directions in writing given to it by the Secretary of State; and
under the general guidance of the Secretary of State.
Schedule 1 shall have effect with respect to the Commission.
The powers of the Secretary of State under this Part to give directions include power to give directions as to matters connected with the structure and organisation of the Commission, for example—
directions about the establishment of offices for specified areas or regions;
directions as to the organisation of staff into divisions.
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The Commission shall have the general duty of keeping the Secretary of State informed about the provision in England of Part II services and, in particular, about—
the availability of the provision; and
the quality of the services.
The Commission shall have the general duty of encouraging improvement in the quality of Part II services provided in England.
The Commission shall make information about Part II services provided in England available to the public.
When asked to do so by the Secretary of State, the Commission shall give the Secretary of State advice or information on such matters relating to the provision in England of Part II services as may be specified in the Secretary of State’s request.
The Commission may at any time give advice to the Secretary of State on—
any changes which the Commission thinks should be made, for the purpose of securing improvement in the quality of Part II services provided in England, in the standards set out in statements under section 23; and
any other matter connected with the provision in England of Part II services.
The Secretary of State may by regulations confer additional functions on the Commission in relation to Part II services provided in England.
In this section and section 8, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of—
medical or psychiatric treatment, or
listed services (as defined in section 2).
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The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.
The Assembly shall make information about Part II services provided in Wales available to the public.
The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.
The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.
But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).
The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.
The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—
its functions exercisable by virtue of section 5(1)(b) and subsections (1) to (3) of this section; and
any other functions exercisable by the Assembly corresponding to functions exercisable by the Care Quality Commission—
under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or
under the Mental Health Act 1983 in relation to England.
In this section, “Part II services” means services of the kind provided by persons registered under Part II . . .
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The Commission for Health Improvement (“CHI”) and the National Care Standards Commission (“NCSC”) may, if authorised to do so by regulations, arrange— and accordingly CHI and the NCSC each have power to exercise functions of the other in accordance with arrangements under this subsection.
for prescribed functions of the NCSC to be exercised by CHI on behalf of the NCSC;
for prescribed functions of CHI, so far as exercisable in relation to England, to be exercised by the NCSC on behalf of CHI,
The Assembly and CHI may arrange for any functions of the Assembly mentioned in section 10(6) to be exercised by CHI on behalf of the Assembly; and accordingly CHI has power to exercise functions of the Assembly in accordance with arrangements under this subsection.
The Assembly and CHI may, if authorised to do so by regulations, arrange for prescribed functions of CHI, so far as exercisable in relation to Wales, to be exercised by the Assembly on behalf of CHI; and accordingly the Assembly has power to exercise functions of CHI in accordance with arrangements under this subsection.
References in this section to exercising functions include a reference to assisting with their exercise.
Regulations under this section shall be made by the Secretary of State; but the Secretary of State may not make regulations under subsection (3) without the agreement of the Assembly.
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The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.
Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.
Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.
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any functions exercisable by the Assembly by virtue of section 5(b) or 8(3); or
any other functions exercisable by the Assembly corresponding to functions exercisable by the Commission in relation to England,
The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.
Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.
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The references in subsection (1) to an agency do not include a reference to a voluntary adoption agency.
The Secretary of State may by regulations make provision about the keeping of registers by . . . the CIECSS for the purposes of this Part.
A person guilty of an offence under this section shall be liable on summary conviction—
if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;
if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
This subsection applies if—
the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or
the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.
A person seeking to be registered under this Part shall make an application to the registration authority.
The application— and must be accompanied by a fee of the prescribed amount.
must give the prescribed information about prescribed matters;
must give any other information which the registration authority reasonably requires the applicant to give,
A person who applies for registration as the manager of an establishment or agency must be an individual.
A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency must make a separate application in respect of each of them.
Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.
If the registration authority is satisfied that— are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.
the requirements of regulations under section 22; and
the requirements of any other enactment which appears to the registration authority to be relevant,
The application may be granted either unconditionally or subject to such conditions as the registration authority thinks fit.
On granting the application, the registration authority shall issue a certificate of registration to the applicant.
The registration authority may at any time—
vary or remove any condition for the time being in force in relation to a person’s registration; or
impose an additional condition.
The registration authority may at any time cancel the registration of a person in respect of an establishment or agency—
on the ground that that person has been convicted of a relevant offence;
on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;
on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;
on the ground that a monetary penalty has been imposed on the person under section 30ZC or 30ZM;
on any ground specified by regulations.
on the ground that—
a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and
the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;
For the purposes of this section the following are relevant offences—
an offence under this Part or regulations made under it;
an offence under the Registered Homes Act 1984 or regulations made under it;
an offence under the 1989 Act or regulations made under it;
an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999;
an offence under the Adoption and Children Act 2002 or regulations made under it;
an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part;
an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.
In this section “relevant requirements” means—
any requirements or conditions imposed by or under this Part; and
the requirements of any other enactment which appear to the registration authority to be relevant.
A person registered under this Part may apply to the registration authority—
for the variation or removal of any condition for the time being in force in relation to the registration; or
for the cancellation of the registration ; or
for the cancellation of, or the variation of the period of, any suspension of the registration.
But a person may not make an application under subsection (1)(b)—
if the registration authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the registration authority has decided not to take that step; or
if the registration authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
An application under subsection (1) shall be made in such manner and state such particulars as may be prescribed and, if made under paragraph (a) or (c) of that subsection, shall be accompanied by a fee of the prescribed amount.
If the registration authority decides to grant an application under subsection (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.
If the registration authority decides to grant an application under subsection (1)(c), it must serve notice in writing of its decision on the applicant (stating, where applicable, the period as varied).
The registration authority may at any time suspend for a specified period the registration of a person in respect of an establishment or agency ....
Except where the registration authority gives notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.
The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).
A period of suspension may be extended under subsection (1) on one or more occasions.
Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.
In this section “relevant requirements” has the same meaning as in section 14.
Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about—
the making of applications for registration;
the contents of certificates of registration.
Regulations may provide that no application for registration under this Part may be made in respect of a fostering agency ... which is an unincorporated body.
Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee of the prescribed amount.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Subsections (2) and (3) apply where a person applies for registration in respect of an establishment or agency.
If the registration authority proposes to grant the application subject to any conditions which have not been agreed in writing between it and the applicant, it shall give the applicant written notice of its proposal and of the conditions subject to which it proposes to grant his application.
The registration authority shall give the applicant notice of a proposal to refuse the application.
Except where it makes an application under section 20 or 20A or gives notice under section 20B, the registration authority shall give any person registered in respect of an establishment or agency notice of a proposal—
to cancel the registration (otherwise than in accordance with an application under section 15(1)(b));
to vary or remove (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or
to suspend the registration or extend a period of suspension;
to impose any additional condition in relation to the registration.
The registration authority shall give the applicant notice of a proposal to refuse an application under section 15(1)(a) or (c).
A notice under this section shall give the registration authority’s reasons for its proposal.
A notice under section 17 shall state that within 28 days of service of the notice any person on whom it is served may make written representations to the registration authority concerning any matter which that person wishes to dispute.
Where a notice has been served under section 17, the registration authority shall not determine any matter to which the notice relates until either—
any person on whom the notice was served has made written representations to it concerning the matter;
any such person has notified the registration authority in writing that he does not intend to make representations; or
the period during which any such person could have made representations has elapsed.
If the registration authority decides to grant an application for registration in respect of an establishment or agency unconditionally, or subject only to conditions which have been agreed in writing between it and the applicant, it shall give the applicant written notice of its decision.
A notice under subsection (1) shall state the agreed conditions.
If the registration authority decides to adopt a proposal under section 17, it shall serve notice in writing of its decision on any person on whom it was required to serve notice of the proposal.
A notice under subsection (3) shall—
explain the right of appeal conferred by section 21;
in the case of a decision to adopt a proposal under section 17(2), state the conditions subject to which the application is granted; . . .
in the case of a decision to adopt a proposal under section 17(4)(b) or (c), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.
in the case of a decision to adopt a proposal under section 17(4)(aa), state the period (or extended period) of suspension; and
Subject to subsection (6), a decision of the registration authority to adopt a proposal under section 17(2) or (4) shall not take effect—
if no appeal is brought, until the expiration of the period of 28 days referred to in section 21(2); and
if an appeal is brought, until it is determined or abandoned.
Where, in the case of a decision to adopt a proposal under section 17(2), the applicant notifies the registration authority in writing before the expiration of the period mentioned in subsection (5)(a) that he does not intend to appeal, the decision shall take effect when the notice is served.
If in respect of an establishment or agency for which the CIECSS is the registration authority the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.
the CIECSS applies to a justice of the peace for an order—
cancelling the registration of a person in respect of the establishment or agency;
varying or removing any condition for the time being in force by virtue of this Part; or
imposing an additional condition; and
it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being,
An application under subsection (1) may, if the justice thinks fit, be made without notice.
As soon as practicable after the making of an application under this section, the CIECSS shall notify the appropriate authorities of the making of the application.
An order under subsection (1) shall be in writing.
Where such an order is made, the CIECSS shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—
a copy of the order; and
notice of the right of appeal conferred by section 21.
For the purposes of this section the appropriate authorities are—
the local authority in whose area the establishment or agency is situated; and
any other statutory authority whom the CIECSS thinks it appropriate to notify.
any statutory authority not falling within paragraph (a) or (b) whom the registration authority thinks it appropriate to notify.
In this section “statutory authority” means a body established by or under an Act of Parliament.
An appeal against— shall lie to the Tribunal.
a decision of the registration authority under this Part; . . .
an order made by a justice of the peace under section 20 or 20A ; or
a notice served under section 22B(1),
No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.
On an appeal against a decision of the registration authority , other than a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall not have effect.
No appeal against a notice under section 22B(1) may be brought by a person more than 28 days after the notice was served on him.
On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.
The Tribunal shall also have power on an appeal . . . —
to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates;
to direct that any such condition shall cease to have effect; . . .
to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency; or
to vary the period of any suspension.
On an appeal against a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall cease to have effect.
On an appeal against a notice served under section 22B(1) the Tribunal may confirm the notice or direct that it shall cease to have effect.
If the Tribunal directs that a notice (“the first notice”) under section 22B(1) shall cease to have effect it must direct that any other notice under that section which is connected to the first notice shall also cease to have effect.
For the purposes of subsection (4B), notices are connected if they impose the requirement mentioned in section 22B(2) in relation to the same establishment.
Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).
Subsection (1) does not apply to a decision of the CIECSS—
to impose a monetary penalty under section 30ZC;
as to the amount of such a penalty.
If in respect of an establishment or agency for which the Welsh Ministers are the registration authority— the justice may make the order, and the cancellation has effect from the time when the order is made.
the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, and
it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,
An application under subsection (1) may, if the justice thinks fit, be made without notice.
As soon as practicable after the making of an application under this section, the Welsh Ministers must notify the appropriate authorities of the making of the application.
An order under subsection (1) is to be in writing.
Where such an order is made, the Welsh Ministers must, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—
a copy of the order, and
notice of the right of appeal conferred by section 21.
For the purposes of this section the appropriate authorities are—
the local authority in whose area the establishment or agency is situated,
the Local Health Board in whose area the establishment or agency is situated, and
any statutory authority not falling within paragraph (a) or (b) whom the Welsh Ministers think it appropriate to notify.
In this section “statutory authority” has the same meaning as in section 20.
Subsection (2) applies where—
a person is registered under this Part in respect of an establishment or agency ..., and
the registration authority has reasonable cause to believe that unless it acts under this section any person will or may be exposed to the risk of harm.
Where this subsection applies, the registration authority may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the registration authority that is mentioned in subsection (3) to take effect from the time when the notice is given.
Those decisions are—
a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;
a decision under section 14A to suspend the registration or extend the period of suspension.
The notice must—
state that it is given under this section,
state the registration authority's reasons for believing that the circumstances fall within subsection (1)(b),
specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and
explain the right of appeal conferred by section 21.
Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and —
regulations made by the Secretary of State may in particular make any provision such as is mentioned in subsection (1A), (2), (7) or (8), and
regulations made by the Welsh Ministers—
may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and
may in particular make any provision such as is mentioned in subsection (2) or (7) in so far as relevant to those establishments and agencies.
Regulations may—
make provision as to the persons who are fit to carry on or manage an establishment or agency;
make provision as to the persons who are fit to work at an establishment or for the purposes of an agency;
make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency;
make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency;
make provision for securing the welfare of children placed, under section 22C of the 1989 Act ..., by a fostering agency;
make provision as to the management and control of the operations of an establishment or agency;
make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency;
make provision as to the management and training of such persons;
impose requirements as to the financial position of an establishment or agency;
make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances.
Regulations made by the Secretary of State may prescribe objectives and standards which must be met in relation to an establishment or agency for which the CIECSS is the registration authority.
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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.
Regulations under paragraph (d) of subsection (2) may, in particular, make provision—
as to the promotion and protection of the health of persons such as are mentioned in that paragraph;
as to the control and restraint of adults accommodated in, or provided with services by, an establishment;
as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.
Regulations under paragraph (e) of subsection (2) may, in particular, make provision—
as to the promotion and protection of the health of children such as are mentioned in that paragraph;
as to the control, restraint and discipline of such children.
Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular—
make provision as to the facilities and services to be provided in establishments and by agencies;
make provision as to the keeping of accounts;
make provision as to the keeping of documents and records;
make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies;
make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice;
provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it;
make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on;
make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers;
make provision requiring the payment , in respect of any notification required to be made by virtue of paragraph (h), of a fee of the prescribed amount;
make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements;
make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards;
make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.
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Regulations may make provision—
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imposing other requirements (in addition to those imposed by section 25 of the 1989 Act ... (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose of restricting liberty, including a requirement to obtain the permission of any local authority who are looking after the child;
as to the facilities which are to be provided for giving religious instruction to children in children’s homes.
Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.
References in this section to agencies do not include references to voluntary adoption agencies or adoption support agencies.
In subsection (7)(k), “listed services” has the same meaning as in section 2.
In subsection (2A), “parent undertaking” has the meaning given by section 1162 of the Companies Act 2006.
The appropriate Minister may prepare and publish statements of national minimum standards applicable to establishments or agencies.
The appropriate Minister shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.
Before issuing a statement, or an amended statement which in the opinion of the appropriate Minister effects a substantial change in the standards, the appropriate Minister shall consult any persons he considers appropriate.
The standards applicable to an establishment or agency for which the CIECSS is the registration authority may, in particular, explain or supplement requirements imposed in relation to that establishment or agency by regulations under section 22.
The standards shall be taken into account—
in the making of any decision by the registration authority under this Part;
in any proceedings for the making of an order under section 20;
in any proceedings on an appeal under section 21; and
by the registration authority in considering whether to serve a notice under section 22B;
in any proceedings for an offence under regulations under this Part or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or against a voluntary adoption agency or adoption support agency for an offence under section 9 of the Adoption and Children Act 2002.
This section applies if—
a person (“P”) is registered in respect of a relevant establishment or agency; and
the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.
The CIECSS may serve a compliance notice on P.
A compliance notice is a notice which—
states that the CIECSS is of the opinion mentioned in subsection (1)(b);
specifies the requirement with which the CIECSS considers P is failing or has failed to comply;
specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;
specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;
specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;
specifies a period for the taking of those steps; and
explains the effect of subsections (4) and (5).
Failing to take the steps specified in a compliance notice within the period so specified is an offence.
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section—
a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;
references to a “requirement” are references to a requirement imposed by regulations under—
section 22;
section 9 of the Adoption Act 1976; or
section 9 of the Adoption and Children Act 2002.
The CIECSS may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.
The requirement is to ensure that no child is accommodated at the establishment unless the child—
was accommodated there when the notice was served; and
has continued to be accommodated there since the notice was served.
A notice under subsection (1) must—
explain the requirement imposed by the notice;
specify the establishment in relation to which that requirement is imposed;
give the CIECSS's reasons for serving the notice;
explain the right of appeal conferred by section 21.
A notice under subsection (1) ceases to have effect—
at such time as may be specified in the notice;
if the CIECSS serves a notice to that effect on the person on whom the notice under subsection (1) was served;
if the Tribunal so directs under section 21(4A) or (4B).
Subsection (6) applies if—
the CIECSS serves a notice on a person under subsection (1) or (4)(b); and
one or more other persons are registered in respect of the establishment to which the notice relates.
The CIECSS must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).
The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).
This section applies to the following establishments—
a children's home in England;
a residential family centre in England.
If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Subsection (1) does not apply to regulations under section 30ZK or 30ZL (power to limit profits).
If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person who, with intent to deceive any person— so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.
applies any name to premises in England or Wales; or
in any way describes such premises or holds such premises out,
References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.
If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.
No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.
A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.
If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.
the Commission or, in relation to any functions of the Commission which the Secretary of State is by virtue of section 113 for the time being discharging, the Secretary of State; or
the Assembly.
Proceedings for an offence under this Part or regulations made under it may be brought within the permitted period from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.
“The permitted period” means—
in the case of proceedings brought by the Welsh Ministers, a period of 12 months;
in any other case, a period of 6 months.
This section applies where any offence under this Part or regulations made under it is committed by a body corporate.
If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
any director, manager, or secretary of the body corporate; or
any person who was purporting to act in any such capacity,
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
to any other similar officer of the body; and
where the body is a local authority, to any officer or member of the authority.
The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.
A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
A person authorised by virtue of this section to enter and inspect premises may—
make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
inspect and take copies of any documents or records (including medical and other personal records) required to be kept in accordance with regulations under this Part, section 9 of the Adoption and Children Act 2002, section 22C or 59(2) of the 1989 Act, section 1(3) of the Adoption (Intercountry Aspects) Act 1999 or section 81 of the Social Services and Well-being (Wales) Act 2014;
interview in private the manager or the person carrying on the establishment or agency;
interview in private any person working there;
interview in private any patient or person accommodated or cared for there who consents to be interviewed.
The powers under subsection (3)(b) include—
power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
Subsection (6) applies where the premises in question are used as an establishment and the person so authorised—
is a medical practitioner or registered nurse; and
has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.
The person so authorised may, with the consent of the person mentioned in subsection (5)(b), examine him in private ....
The Secretary of State may by regulations require the CIECSS to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.
Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
intentionally obstructs the exercise of any power conferred by this section or section 32; or
fails without a reasonable excuse to comply with any requirement under this section or that section,
This section applies where a person (“P”) is carrying on or managing an establishment or agency in England mentioned in subsection (6).
If the CIECSS — it must as soon as practicable notify each local authority in England and Wales of that fact.
has decided to adopt a proposal under section 17(4)(a) to cancel the registration of P in respect of the establishment or agency,
has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,
has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,
has brought proceedings against P for a relevant offence which it alleges P committed in relation to the establishment or agency, ..,
has served on P, or a parent undertaking of P, a penalty notice under paragraph 3 of Schedule 1A (monetary penalties);
has served a notice on P under section 22B ...
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If the CIECSS becomes aware of any prescribed circumstances which relate to P it must as soon as practicable notify each local authority in England and Wales of those circumstances.
A notification under this section must contain such information as may be prescribed.
A notification under this section may be transmitted to a local authority electronically if—
the local authority has agreed that notifications may be given to them by being transmitted to an electronic address and in an electronic form specified in the agreement; and
the notification is a notification to which that agreement applies.
The establishments and agencies are—
a children's home;
a residential family centre;
a fostering agency;
a voluntary adoption agency;
an adoption support agency;
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In this section—
A person authorised by virtue of section 31 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part.
A person so authorised—
may require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 31 or this section;
may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
A person authorised by virtue of section 31 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.
The references in section 31 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.
Where any premises which are used as an establishment or for the purposes of an agency have been inspected under section 31, the registration authority—
shall prepare a report on the matters inspected; and
shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.
The registration authority shall make copies of any report prepared under subsection (5) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.
Any person who asks the registration authority for a copy of a report prepared under subsection (5) shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.
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Regulations may require the person carrying on an establishment or agency to make an annual return to the registration authority.
Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
Regulations may—
require any person to whom this section applies to give notice of his appointment to the registration authority;
require any person to whom this section applies to appoint a person to manage the establishment or agency in question.
This section applies to any person appointed as—
a receiver or manager of the property of a relevant company;
the liquidator or provisional liquidator of a relevant company; or
the trustee in bankruptcy of a relevant individual.
In this section—
“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;
“relevant individual” means an individual who is registered under this Part in respect of an establishment or agency.
Regulations may—
provide for the provisions of this Part to apply with prescribed modifications in cases where a person who was the only person registered under this Part in respect of an establishment or agency has died;
require the personal representatives of a deceased person who was registered in respect of an establishment or agency to notify the registration authority of his death.
Regulations under subsection (1)(a) may in particular—
provide for the establishment or agency to be carried on for a prescribed period by a person who is not registered in respect of it; and
include provision for the prescribed period to be extended by such further period as the registration authority may allow.
Subject to subsection (3), the registration authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.
Subject to subsections (3) and (4), any person who asks the registration authority for a copy of, or of an extract from, a register kept for the purposes of this Part shall be entitled to have one.
Regulations may provide that subsections (1) and (2) shall not apply—
in such circumstances as may be prescribed; or
to such parts of a register as may be prescribed.
A fee determined by the registration authority shall be payable for the copy except—
in prescribed circumstances;
in any other case where the registration authority considers it appropriate to provide the copy free of charge.
Any notice or other document required under this Part to be served on a person ... may be served on him—
by being delivered personally to him; ...
by being sent by post to him in a registered letter or by the recorded delivery service at his proper address ; or
by being sent by email to the person’s email address.
For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter addressed to a person carrying on or managing an establishment or agency enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the establishment or agency.
Where a notice or other document is served as mentioned in subsection (1)(b), the service shall, unless the contrary is proved, be deemed to have been effected on the third day after the day on which it is sent.
Any notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
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.
For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person shall be—
in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;
in the case of a partner of a firm, that of the principal office of the firm; and
in any other case, the last known address of the person.
A person’s (P’s) email address for the purposes of this section is— For the purposes of this subsection, a person “identifies” an email address by providing it to a registration authority or publishing it.
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
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.
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.
The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.
In this section—
“illness” includes any injury;
Section 87 of the 1989 Act (welfare of children accommodated in independent schools) shall be amended in accordance with subsections (2) to (4).
For subsections (1) to (5) there shall be substituted—
In subsection (6), for “entering an independent school in exercise of” there shall be substituted “ exercising ”.
For subsection (10) there shall be substituted—
“new employer” means the registration authority;
“new employer” means the registration authority (within the meaning of Part XA of the 1989 Act) and, in relation to Wales, includes Her Majesty’s Chief Inspector of Education and Training in Wales;
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.
This subsection applies to regulations under—
section 30ZE(2);
section 30ZK;
paragraph 4(2) of Schedule 1A.
“old employer” means a local authority or a Health Authority.
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In section 21 of the Registered Homes Act 1984 (meaning of nursing home)—
in subsection (1), after “(3)” there is inserted “ and (3A) ”;
in subsection (2), for “subsection (1) above” there is substituted “ this section ”;
in subsection (3)(e)(ii), “dental practitioner or” is omitted; and
after subsection (3) there is inserted—
In section 63(3)(a) of the 1989 Act (meaning of “children’s home”), for “more than three children at any one time” there shall be substituted “ children ”.
In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)—
in paragraph (a), after “is not” there shall be inserted “ , or has not been, ”;
after “is” there shall be inserted “ , or has been, ”.
In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on.
In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children’s homes), after “is being” there shall be inserted “ and has been ”.
In paragraph 4 of that Schedule—
in sub-paragraph (3) after “is being” there shall be inserted “ , or has been, ”;
after sub-paragraph (4) there shall be inserted—
Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) , (2A) or (3) applies.
This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.
local authorities providing services in the exercise of their social services functions; and
persons who provide services which are similar to services which—
may or must be so provided by local authorities; or
may or must be provided by Health Authorities, Special Health Authorities, NHS trusts or Primary Care Trusts.
This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).
This subsection applies to—
English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and
persons who provide services which are similar to services which may or must be so provided by English local authorities.
The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2) or (2A).
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For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.
In this section—
Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.
A fixed penalty offence is any relevant offence which—
relates to an establishment or agency for which the Welsh Ministers are the registration authority, and
is prescribed for the purposes of this section.
A relevant offence is—
an offence under this Part or under regulations made under this Part ...
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A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.
Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.
Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.
Penalties under this section are payable to the Welsh Ministers.
In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.
The Welsh Ministers may by regulations make—
provision as to the form and content of penalty notices,
provision as to the monetary amount of the penalty and the time by which it is to be paid,
provision determining the methods by which penalties may be paid,
provision as to the records to be kept in relation to penalty notices,
provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,
provision for a certificate— to be received in evidence of the matters so stated,
purporting to be signed by or on behalf of a prescribed person, and
stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and
such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.
Regulations under subsection (1)(b)—
may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but
must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences .
In this section—
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—
an improvement plan notice served on the person under section 23A,
the requirement imposed by section 23B(5) (implementation of improvement plans), or
the requirement imposed by section 23B(8)(modification of improvement plans to name another senior manager).
The CIECSS may impose a monetary penalty on a person if—
the CIECSS is satisfied beyond reasonable doubt that an act or omission of the person constitutes an offence under this Part, and
the act or omission relates to an establishment or agency for which the CIECSS is the registration authority.
The CIECSS may not impose a monetary penalty under subsection (2) if—
the person has been convicted of an offence under this Part in respect of the act or omission,
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
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.
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.
See Schedule 1A for further provision about monetary penalties under this section.
In this section references to an offence under this Part include an offence under regulations made under this Part.
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—
the persons on whom penalties were imposed,
the dates they were imposed,
the grounds for imposing them, and
their amounts.
A person is subject to financial oversight if the Secretary of State determines that the person is—
a relevant provider who meets one or more of the financial oversight conditions, or
a member of a relevant provider group which meets one or more of the financial oversight conditions.
A “financial oversight condition” is a condition specified in regulations made by the Secretary of State for the purposes of this section.
Before making the regulations the Secretary of State must have regard to the public interest in securing that—
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;
a member of a relevant provider group is subject to financial oversight if the group has a position of strategic significance in that respect.
The conditions which may be specified in the regulations may, in particular, relate to—
the number of relevant establishments or agencies which are carried on by a relevant provider or a relevant provider group;
the size of those establishments or agencies;
the geographical concentration of those establishments or agencies;
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.
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.
The notice may require the person to name an individual who—
has a significant role in the management of the person, and
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.
In this section and sections 30ZF to 30ZJ—
A person is subject to financial oversight for the financial oversight period.
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).
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.
The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to—
prepare a recovery and resolution plan, and
submit the plan to the Secretary of State before the end of the period specified in the notice.
A recovery and resolution plan is a plan containing information about—
the nature and extent of any risk to the financial sustainability of the person,
the action the person proposes to take to mitigate or eliminate those risks,
any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised, and
the action the person proposes to take to reduce those adverse impacts if they arise.
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.
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.
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.
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.
Subsection (8) applies where—
a person has submitted a recovery and resolution plan to the Secretary of State,
there is a material change to the matters mentioned in subsection (2), and
the person is subject to financial oversight when the change occurs.
The person must inform the Secretary of State of the change as soon as is reasonably practicable.
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—
the nature and extent of any risks to the financial sustainability of the person;
the action the person could take to mitigate or eliminate those risks;
any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;
the action the person could take to reduce those adverse impacts if they arise.
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.
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.
The power under subsection (1) includes the power to require the provision of—
an explanation of any information required under that subsection,
copies of any documents or records, and
a legible copy of information recorded otherwise than in legible form.
Subsection (6) applies where—
a person provides information to the Secretary of State under this section,
there is a material change to that information, and
the person is subject to financial oversight when the change occurs.
The person must inform the Secretary of State of the change as soon as is reasonably practicable.
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.
The conditions are—
there is a significant risk to the financial sustainability of the reviewed person, or
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.
An “independent business review” is a review of—
the nature and extent of any relevant financial sustainability risks;
the action the reviewed person could take to mitigate or eliminate those risks;
any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;
the action the reviewed person could take to reduce those adverse impacts if they arise.
A “relevant financial sustainability risk” means—
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;
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.
A person is “qualified” to carry out an independent business review if the Secretary of State is satisfied that the person—
is independent of the reviewed person and the Secretary of State, and
has the skills necessary to carry out the review.
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.
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.
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.
The reviewed person must give the qualified person all such assistance as the qualified person may reasonably require to carry out the review.
The Secretary of State must serve a written notice (an “advance warning notice”) on a local authority if the Secretary of State considers that—
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
the local authority, or any children looked after by the local authority, might be adversely affected if that were to happen.
An advance warning notice must—
identify the establishments or agencies mentioned in subsection (1);
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
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.
Where the Secretary of State serves an advance warning notice under subsection (1), the Secretary of State must also—
serve a copy of the notice on the CIECSS, and
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.
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.
“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 establishments or agencies” are—
children’s homes in England, and
fostering agencies in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England).
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.
The provision that may be made by virtue of subsection (4) includes provision about making adjustments for disguised profit arrangements.
Arrangements are “disguised profit arrangements” if—
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
they meet any other conditions specified in the regulations.
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.
Before making regulations under this section the Secretary of State must have regard to—
the welfare of children being looked after by local authorities in England,
the interests of local authorities in England, and
the interests of relevant providers (including the opportunity to make a profit).
Before making regulations under this section the Secretary of State must consult—
local authorities in England,
any persons appearing to the Secretary of State to represent the interests of relevant providers, and
such other persons (if any) as the Secretary of State considers appropriate.
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.
Regulations under this section may make provision—
about the contents of the return;
about the period in respect of which, and date by which, it is to be made.
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.
“Relevant provider” has the same meaning as in section 30ZK.
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—
any requirement imposed by or under section 30ZE, 30ZG, 30ZH or 30ZI (financial oversight);
any requirement imposed by or under regulations under section 30ZK or 30ZL (power to limit profits).
See Schedule 1A for further provision about monetary penalties under this section.
The Secretary of State may publish information about monetary penalties imposed under this section, including information identifying—
the persons on whom penalties were imposed,
the dates they were imposed,
the grounds for imposing them, and
their amounts.
Schedule 1A makes provision about—
monetary penalties imposed by the CIECSS under section 30ZC, and
monetary penalties imposed by the Secretary of State under 30ZM.
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.
The CIECSS may otherwise provide relevant information to the Secretary of State for use in connection with those functions.
The Secretary of State may provide relevant information to the CIECSS for use in connection with the CIECSS’s functions under this Part.
“Relevant information” means information held by a person in connection with their functions under this Part.
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.
“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.
This section does not limit the circumstances in which information may be disclosed apart from this section.
A disclosure of information authorised by or required under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
This section has effect for the purposes of this Part.
“Relevant functions”, in relation to a local authority, means relevant adoption functions and relevant fostering functions.
“Local authority” means a local authority in England.
In relation to a local authority—
“relevant adoption functions” means functions under the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002); and
“relevant fostering functions” means functions under—
section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F of Schedule 2 to that Act,
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any changes which the Commission thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of relevant functions, in the standards set out in statements under section 49; and
any other matter connected with the exercise by local authorities in England of relevant functions.
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the registration authority may at any time require a local authority to provide it with any information relating to the discharge by the local authority of relevant functions which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part;
a person authorised to do so by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, by a local authority in its discharge of relevant functions.
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inspect and take copies of any documents or records relating to the discharge by the local authority of relevant functions;
interview in private any employee of the local authority.
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power to require the local authority to produce any documents or records, wherever kept, for inspection on the premises; and
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
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A person authorised by virtue of section 45 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with the regulatory requirements.
A person so authorised—
may require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 45 or this section;
may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
A person authorised by virtue of section 45 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
Where any premises which are used by a local authority in its discharge of relevant functions have been inspected under section 45, the registration authority—
shall prepare a report on the discharge by the local authority of relevant functions; and
shall without delay send a copy of the report to the local authority.
The registration authority shall make copies of any report prepared under subsection (4) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.
Any person who asks the registration authority for a copy of the report shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.
In this section and section 47 “the regulatory requirements” means the requirements of regulations under—
section 48;
section 23(2)(a) of the 1989 Act (regulations about the placing of children with foster parents);
section 9(3) of the Adoption Act 1976 (regulation of adoption agencies); and
section 1(1) of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).
Where the Secretary of State has specified regions in a direction made under paragraph 9 of Schedule 1, the reference in subsection (5) to offices is, in relation to premises in England which are used by a local authority in its discharge of relevant functions, a reference to the Commission’s offices for the region in which the premises are situated.
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If the Commission considers at any time— it shall report that fact to the Secretary of State.
that the discharge by a local authority of relevant functions fails to satisfy the regulatory requirements; and
that the failure is substantial,
Subsections (3) and (4) apply in relation to a local authority where—
a person authorised by the Commission has exercised in relation to the authority any power conferred by section 45(1)(b); or
the Commission has given the authority a notice under subsection (5) and the time specified (in accordance with paragraph (b) of that subsection) in the notice has expired.
If the Commission considers that the discharge by the authority of relevant functions satisfies the regulatory requirements, it shall report that fact to the Secretary of State.
If the Commission considers that the discharge by the authority of relevant functions fails to satisfy the regulatory requirements, but that the failure is not substantial, the Commission shall—
report that fact to the Secretary of State; or
if it considers that it is not appropriate to make a report under paragraph (a), give the authority a notice under subsection (5) and inform the Secretary of State that it has done so.
A notice under this subsection is a notice which—
specifies the respects in which the Commission considers that the discharge by the authority of relevant functions fails to satisfy the regulatory requirements and any action which the Commission considers the authority should take to remedy the failure; and
specifies the time by which the failure should be remedied.
Where the Commission has made a report to the Secretary of State under subsection (1) or (4)(a), the powers conferred by section 45(1) shall not be exercisable in relation to the authority concerned at any time unless the Secretary of State has notified the Commission that this subsection has ceased to apply.
Regulations may make provision about the exercise by local authorities of relevant fostering functions, and may in particular make provision—
as to the persons who are fit to work for local authorities in connection with the exercise of such functions;
as to the fitness of premises to be used by local authorities in their exercise of such functions;
as to the management and control of the operations of local authorities in their exercise of such functions;
as to the numbers of persons, or persons of any particular type, working for local authorities in connection with the exercise of such functions;
as to the management and training of such persons;
as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions.
Regulations under subsection (1)(a) may, in particular, make provision for prohibiting persons from working for local authorities in such positions as may be prescribed unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).
Subsections (1), (2) and (3) of section 23 shall apply to local authorities in their exercise of relevant functions as they apply to establishments and agencies.
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Regulations may require a local authority to make to the CIECSS an annual return containing such information with respect to the exercise by the local authority of relevant functions as may be prescribed.
Provision may be made by the regulations as to the period in respect of which and date by which the return is to be made.
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Regulations may require any local authority in relation to which powers conferred by section 45(1) may be exercised to pay to the registration authority an annual fee of such amount, and at such a time, as may be prescribed.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Sections 29 and 30 apply in relation to this Part as they apply in relation to Part II.
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There shall be— which shall have the functions conferred on them by or under this Act or any other enactment.
a body corporate to be known as the General Social Care Council (referred to in this Act as “the English Council”); and
a body corporate to be known as the Care Council for Wales or Cyngor Gofal Cymru (referred to in this Act as “the Welsh Council”),
It shall be the duty of the English Council to promote in relation to England—
high standards of conduct and practice among social care workers; and
high standards in their training.
It shall be the duty of the Welsh Council to promote in relation to Wales—
high standards of conduct and practice among social care workers; and
high standards in their training.
Each Council shall, in the exercise of its functions, act—
in accordance with any directions given to it by the appropriate Minister; and
under the general guidance of the appropriate Minister.
Directions under subsection (4) shall be given in writing.
Schedule 1 shall have effect with respect to a Council.
In this Act, references to a Council are—
in relation to England, a reference to the General Social Care Council,
in relation to Wales, a reference to the Care Council for Wales.
This section has effect for the purposes of this Part.
“Social care worker” means a person (other than a person excepted by regulations) who—
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is employed at a children's home in England, a care home in England or a residential family centre in England,
manages a home or centre of a kind mentioned in paragraph (b),
is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,
manages an agency of the kind mentioned in paragraph (d), or
is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—
a person engaged in work for the purposes of a local authority in England's social services functions;
a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;
a person engaged in the provision of personal care for any person in England;
a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England;
a person who manages an undertaking of the kind mentioned in paragraph (d);
inspect premises under section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges) or section 31 or 45 of this Act; or
are responsible for persons who do so;
a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);
a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—
section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),
section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or
section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);
a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);
a person who manages employees mentioned in paragraph (g) or (h);
a person employed in a day centre in England;
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“Relevant social work” means social work which is required in connection with any health, education or social services provided by any person.
“Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).
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Each Council shall maintain a register of—
social workers; and
social care workers of any other description specified by the appropriate Minister by order.
There shall be a separate part of the register for social workers and for each description of social care workers so specified.
The appropriate Minister may by order provide for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.
The appropriate Minister shall consult the Council before making, varying or revoking any order under this section.
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An application for registration under this Part shall be made to the Council in accordance with rules made by it.
An application under subsection (1) shall specify each part of the register in which registration is sought and such other matters as may be required by the rules.
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If the Council is satisfied that the applicant— it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.
is of good character;
is physically and mentally fit to perform the whole or part of the work of persons registered in any part of the register to which his application relates; and
satisfies the following conditions,
The first condition is that—
in the case of an applicant for registration as a social worker—
he has successfully completed a course approved by the Council under section 63 for persons wishing to become social workers;
he satisfies the requirements of section 64; or
he satisfies any requirements as to training which the Council may by rules impose in relation to social workers;
in the case of an applicant for registration as a social care worker of any other description, he satisfies any requirements as to training which the Council may by rules impose in relation to social care workers of that description.
The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.
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Each Council shall by rules determine circumstances in which, and the means by which—
a person may be removed from a part of the register, whether or not for a specified period;
a person who has been removed from a part of the register may be restored to that part;
a person’s registration in a part of the register may be suspended for a specified period;
the suspension of a person’s registration in a part of the register may be terminated;
an entry in a part of the register may be removed, altered or restored.
The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.
The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.
Where a person’s registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.
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as to the keeping of the register;
as to the documentary and other evidence to be produced by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;
for a person’s registration to remain effective without limitation of time (subject to removal from the register in accordance with rules made by virtue of section 59) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.
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If a person who is not registered as a social worker in any relevant register with intent to deceive another— he is guilty of an offence.
takes or uses the title of social worker;
takes or uses any title or description implying that he is so registered, or in any way holds himself out as so registered,
For the purposes of subsection (1), a register is a relevant register if it is—
maintained by a Council; or
a prescribed register maintained under a provision of the law of Scotland or Northern Ireland which appears to the appropriate Minister to correspond to the provisions of this Part.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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Each Council shall prepare and from time to time publish codes of practice laying down—
standards of conduct and practice expected of social care workers; and
standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them.
The Council shall—
keep the codes under review; and
vary their provisions whenever it considers it appropriate to do so.
Before issuing or varying a code, a Council shall consult any persons it considers appropriate to consult.
A code published by a Council shall be taken into account—
by the Council in making a decision under this Part; and
in any proceedings on an appeal against such a decision.
Local authorities making any decision about the conduct of any social care workers employed by them shall, if directed to do so by the appropriate Minister, take into account any code published by the Council.
Any person who asks a Council for a copy of a code shall be entitled to have one.
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Each Council may, in accordance with rules made by it, approve courses in relevant social work for persons who are or wish to become social workers.
An approval given under this section may be either unconditional or subject to such conditions as the Council thinks fit.
Rules made by virtue of this section may in particular make provision—
about the content of, and methods of completing, courses;
as to the provision to the Council of information about courses;
as to the persons who may participate in courses, or in parts of courses specified in the rules;
as to the numbers of persons who may participate in courses;
for the award by the Council of certificates of the successful completion of courses;
about the lapse and renewal of approvals; and
about the withdrawal of approvals.
A Council may—
conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 67; and
carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.
A course for persons who wish to become social workers shall not be approved under this section unless the Council considers that it is such as to enable persons completing it to attain the required standard of proficiency in relevant social work.
In subsection (5) “the required standard of proficiency in relevant social work” means the standard described in rules made by the Council.
The Council shall from time to time publish a list of the courses which are approved under this section.
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An applicant for registration as a social worker in the register maintained by the English Council satisfies the requirements of this section if—
being a national of any EEA State—
he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Secretary of State has by order designated as having Community equivalence for the purposes of such registration; and
he satisfies any other requirements which the Council may by rules impose; or
he has, elsewhere than in England, undergone training in relevant social work and either—
that training is recognised by the Council as being to a standard sufficient for such registration; or
it is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require.
An applicant for registration as a social worker in the register maintained by the Welsh Council satisfies the requirements of this section if—
being a national of any EEA State—
he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Assembly has by order designated as having Community equivalence for the purposes of such registration; and
he satisfies any other requirements which the Council may by rules impose; or
he has, elsewhere than in Wales, undergone training in relevant social work and either—
that training is recognised by the Council as being to a standard sufficient for such registration; or
it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.
An order under subsection (1)(a) or (2)(a) may provide that a professional qualification designated by the order is to be regarded as having Community equivalence for the purposes of registration as a social worker in the register maintained by the English or, as the case may be, Welsh Council only if prescribed conditions required by a directive issued by the Council of the European Communities are fulfilled; and different conditions may be prescribed with respect to the same qualification for differet circumstances.
Any person who— shall be treated for the purposes of subsection (1)(a) or (2)(a) as if he were such a national.
is not a national of an EEA State; but
is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 (on freedom of movement for workers within the Community) or any other enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of such a State,
In this section—
“electronic address” includes any number or address used for the purposes of receiving electronic communications;
in relation to England or Wales, the Council;
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body;
An establishment ... is not a children's home if it is— or if it is of a description excepted by regulations.
a hospital (within the meaning of the National Health Service Act 2006); or
a residential family centre,
“national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.
Sections 6, 54 and 66.
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the appointment of the chairman and other members of an authority (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);
the tenure of office of the chairman and other members of an authority (including the circumstances in which they cease to hold office or may be removed or suspended from office);
the appointment of, constitution of and exercise of functions by committees and sub-committees of an authority (including committees and sub-committees which consist of or include persons who are not members of the authority); and
the procedure of an authority and any committees or sub-committees of an authority (including the validation of proceedings in the event of vacancies or defects in appointment).
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members of staff of an authority are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or
members of staff of a prescribed person are placed at the disposal of an authority for the purpose of discharging, or assisting in the discharge of, any functions of the authority.
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of any member of the authority; or
of any other person who has been authorised by the authority (whether generally or specifically) for that purpose.
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in section 118(2) (meaning of “Welsh public records”), after “referred to in subsection (1)(e) are—” there shall be inserted—
in Schedule 4 (public bodies subject to reform by Assembly), after paragraph 3 there shall be inserted—
in paragraph 14(2) of Schedule 9 (bodies subject to investigation by the Welsh Administration Ombudsman), after paragraph (a) there shall be inserted— and
in paragraph 1 of Schedule 17 (audit of Welsh public bodies), at the end there shall be inserted “(other than the Care Council for Wales)”.
Section 72.
The Commissioner is to be a corporation sole. The Commissioner is not to be regarded as the servant or agent or the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.
Regulations may make provision—
as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment);
as to the filling of vacancies in the office of Commissioner;
as to the tenure of office of the Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
The Welsh Ministers shall— as may be provided for under the terms of his appointment.
pay the Commissioner such remuneration and allowances; and
pay, or make provision for the payment of, such pension or gratuities to or in respect of him,
The Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Commissioner. During any vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act, the deputy Commissioner shall exercise his functions (and any property or rights vested in the Commissioner may accordingly be dealt with by the deputy as if vested in him). Without prejudice to sub-paragraph (2), any member of the Commissioner’s staff may, so far as authorised by him, exercise any of his functions.
Subject to any directions given by the Welsh Ministers, the Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions. That includes, in particular—
For each financial year after the first, the Commissioner shall prepare, and submit to the Welsh Ministers, an estimate of his income and expenses. Each such estimate shall be submitted to the Welsh Ministers at least five months before the beginning of the financial year to which it relates. The Welsh Ministers shall examine each such estimate submitted to them and, after having done so, shall lay the estimate before the Assembly with any such modifications as the Welsh Ministers think fit. Regulations shall specify the periods which are to be treated as the first and subsequent financial years of the Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commissioner shall keep proper accounting records. The Commissioner shall prepare accounts for each financial year in such form as the Welsh Ministers may with the consent of the Treasury determine.
Regulations may provide for the Commissioner to make periodic or other reports to the Welsh Ministers relating to the exercise of his functions and may require the reports to be published in the manner required by the regulations.
The accounts prepared by the Commissioner for any financial year shall be submitted by him to the Auditor General for Wales not more than five months after the end of that year. The Auditor General for Wales shall— In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.
The accounting officer for the Commissioner’s Office shall be the Commissioner. The accounting officer for the Commissioner shall have, in relation to the accounts of the Commissioner and the finances of the Commissioner’s Office, the responsibilities which are from time to time specified by the Treasury. In this paragraph references to responsibilities include in particular— The responsibilities which may be specified under this paragraph include responsibilities owed to— If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may— In this paragraph and paragraphs 11 and 12 “the Commissioner’s Office” means the Commissioner and the members of his staff.
The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Commissioner has used the resources of the Commissioner’s Office in discharging his functions. Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner. In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph. The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph. The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Commissioner under this paragraph or section 7 of the National Audit Act 1983 (economy etc. examinations).
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A document purporting to be duly executed under the seal of the Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
The Welsh Ministers may make payments to the Commissioner of such amounts, at such times and on such conditions (if any) as it considers appropriate.
Children’s Commissioner for Wales. Member of the staff of the Children’s Commissioner for Wales.
In the Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 15 are inserted at the appropriate places in Part III of Schedule 1.
Regulations may provide that the office of Children’s Commissioner for Wales shall be added to the list of “ Offices ” in Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies). The Welsh Ministers shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to provision made under sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
In section 144 of the Government of Wales Act 1998 (accounts etc.), in subsection (8)(a), after “the Welsh Administration Ombudsman” there shall be inserted “ the Children’s Commissioner for Wales ”.
Section 79.
The following Schedule shall be inserted in the 1989 Act after Schedule 9—
Section 116.
Section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations) shall be amended as follows. In subsection (1), for “(1B)” there shall be substituted “ (1C) ”. For subsections (1A) and (1B) there shall be substituted— In subsection (1C), for the words from “no” to “person” there shall be substituted “ no arrangements may be made by virtue of this section for the provision of accommodation together with nursing ”.
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in subsection (1), in paragraph (a), for “or mental nursing home” there shall be substituted “, independent hospital or care home” and in paragraph (b), for the words from “a residential” to the end there shall be substituted “a care home”; and
after subsection (5) there shall be inserted—
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“children’s home” has the same meaning as in the Care Standards Act 2000;
in the definition of “secure accommodation”—
for “community home, a voluntary home or a registered children’s home” there shall be substituted “children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000”; and
at the end there shall be inserted “or the National Assembly for Wales”.
In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee), in the entry relating to the 1989 Act, for “registered” there shall be substituted “ private ” and for “residential care, nursing or mental nursing homes or in independent schools” there shall be substituted “ care homes, independent hospitals or schools ”.
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in subsection (3), for the words from “within” to the end there is substituted “is incapable of managing and administering his property and affairs; and in this section “mental disorder” has the same meaning as in the Mental Health Act 1983”; and
in subsection (4)(b), after “receiving treatment” there shall be inserted “for mental disorder” and for “or mental nursing home within the meaning of the Nursing Homes Act 1975” there shall be substituted “or independent hospital or care home within the meaning of the Care Standards Act 2000”.
The Mental Health Act 1983 shall be amended as follows. In sections 12(3), 23(3), 24(3), 46(1), 64(1), 119(2), 120(1) and (4), 131(1), 132(1), (2) and (4) and 133(1), for “mental nursing home” and “mental nursing homes” in each place where they occur, there shall be substituted, respectively, “ registered establishment ” and “ registered establishments ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 34— In section 116(1) (welfare of certain hospital patients), for “or nursing home” there shall be substituted “ , independent hospital or care home ”. In section 118(1) (code of practice)— In section 121 (Mental Health Act Commission)— In section 127(1) (ill-treatment of patients), for “or mental nursing home” there shall be substituted “ , independent hospital or care home ”. In section 135(6) (warrant to search for and remove patients) for “a mental nursing home or residential home” there shall be substituted “ an independent hospital or care home ”. In section 145(1) (interpretation)—
In section 7(4) of the Public Health (Control of Disease) Act 1984 (port health district and authority for Port of London), paragraphs (h) and (i) and the “and” following paragraph (i) shall be omitted.
In section 2(5)(d) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), for “a residential care home within the meaning of Part I of the Registered Homes Act 1984” there shall be substituted “ a care home within the meaning of the Care Standards Act 2000 ”.
In Article 11(2) of the Adoption (Northern Ireland) Order 1987 (restriction on arranging adoptions and placing children), for “approved as respects England and Wales under section 3 of the Adoption Act 1976 or as respects Scotland” there shall be substituted “ in respect of which a person is registered under Part II of the Care Standards Act 2000 or ... as respects Scotland ”.
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The 1989 Act shall be amended as follows. In section 19 (review of provision of day care, child minding etc.)— In section 23 (provision of accommodation and maintenance by local authority for children whom they are looking after)— In section 24 (advice and assistance for certain children) . . .— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 51(1) (refuges for children at risk), for “registered” there shall be substituted “ private ”. In section 59 (provision of accommodation by voluntary organisations)— In section 60 (registration and regulation of voluntary homes)— In section 62 (duties of local authorities in relation to children provided with accommodation by voluntary organisations)— In section 63 (children not to be cared for and accommodated in unregistered children’s homes)— In section 64 (welfare of children in children’s homes), in subsections (1) and (4), before “children’s home” there shall be inserted “ private ”. In section 65 (persons disqualified from carrying on, or being employed in, children’s homes)— After section 65 there is inserted— In section 66 (privately fostered children)— In section 80 (inspection of children’s homes etc by persons authorised by Secretary of State)— In section 81(1) (inquiries)— In section 82(6) (financial support by Secretary of State), in the definition of “child care training”, for “residential care home, nursing home or mental nursing home” there shall be substituted “ care home or independent hospital ”. In section 83 (research and returns of information), in subsections (1)(c), (2)(c) and (3)(a)(ii), for “residential care home, nursing home or mental nursing home” there shall be substituted “ care home or independent hospital ”. In section 86— For the sidenote to section 87 (welfare of children accommodated in independent schools) there shall be substituted “ Welfare of children in boarding schools and colleges. ”. In section 102(6)(a) (power of constable to assist in exercise of certain powers to search for children or inspect premises), after “76,” there shall be inserted “ 79U, ”. In section 105 (interpretation)— In Schedule 3 (supervision orders), in paragraphs 4(2)(c)(ii) and 5(2)(c), for “or mental nursing home” there shall be substituted “ , independent hospital or care home ”. In Schedule 6 (registered children’s homes)— In paragraph 5(1) of Schedule 7 (foster parents: limit on number of foster children), after “treated” there shall be inserted “ , for the purposes of this Act and the Care Standards Act 2000 ”. In Schedule 8 (privately fostered children)— For paragraph 2(1)(f) of Schedule 8 (privately fostered children) there shall be substituted—. In paragraph 4(1) of Schedule 9 (child minding and day care for young children)—
In section 48(1) of the National Health Service and Community Care Act 1990 (inspection of premises used for the provision of community care), for “the Registered Homes Act 1984” there shall be substituted “ Part II of the Care Standards Act 2000 ”.
In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders), for “hospital or mental nursing home” there shall be substituted “ independent hospital or care home within the meaning of the Care Standards Act 2000 or in a hospital ”.
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In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), for paragraphs 8 and 9 there shall be substituted—
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 12 for “section 71(1)(b)” there shall be substituted “ Part XA ”.
In paragraph 7 of Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount)—
in sub-paragraph (1)(a), for “residential care home, nursing home, mental nursing home” there shall be substituted “ care home, independent hospital ”;
in sub-paragraph (1)(b), after “home” there shall be inserted “ , hospital ”;
for sub-paragraph (2), there shall be substituted— and
in sub-paragraph (3), for “ “mental nursing home”, “nursing home” or “residential care home”” there shall be substituted “ “care home” or “independent hospital” ”.
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In section 2 of the Criminal Justice and Public Order Act 1994 (secure training orders: supplementary provisions as to detention)—
in subsection (5), for “registered children’s home” there shall be substituted “ private children’s home ”; and
in subsection (8), for “registered children’s home” there shall be substituted “ private children’s home ”.
In section 93 of the Children (Scotland) Act 1995 (interpretation of Part II)—
in paragraph (b) of the definition of “residential establishment”, for “registered” there shall be substituted “ private ”; and
in the definition of “secure accommodation”, for “paragraph 4(2)(i) of Schedule 4 to the Children Act 1989” there shall be substituted “ section 22(8)(a) of the Care Standards Act 2000 ”.
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The Protection of Children Act 1999 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 9 (the Tribunal)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 2 of the Adoption (Intercountry Aspects) Act 1999 (central authorities and accredited bodies)—
after subsection (2) there shall be inserted—; and
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The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows. In paragraph 5(3)(a) of Schedule 2 (additional requirements which may be included in probation orders), for “a hospital or mental nursing home” there shall be substituted “ an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows. For paragraph (g) there shall be substituted— For paragraphs (gg) and (h) there shall be substituted— Paragraph (j) shall be omitted.
Section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows. For paragraph (c) there shall be substituted— For paragraph (d) there shall be substituted— Paragraphs (f) and (l) shall be omitted.
Section 117(1).
The appropriate Minister may by regulations provide that, if prescribed requirements are satisfied, section 11 shall apply, during the prescribed period, to a person running a fostering agency who has made an application for registration under section 12(1) as if that person were unconditionally registered under Part II of this Act.
Where an approval granted to a body, before the commencement of section 13, under section 3 of the Adoption Act 1976 (approval of adoption societies) is operative at that commencement, Part II of this Act shall, if prescribed requirements are satisfied, have effect after that commencement as if any person carrying on or managing the body were registered under that Part in respect of it, either— Any application made before the commencement of section 12 for approval under section 3 of the Adoption Act 1976 shall be treated after that commencement as an application made under section 12(1) to the registration authority for registration under Part II of this Act. The appropriate Minister may by order make such further transitional provision in relation to the repeal by this Act of provisions of the Adoption Act 1976 as he considers appropriate.
The Part of this Act which relates to the Children’s Commissioner for Wales has effect, in relation to times before the commencement of any other relevant provision of this Act, as if references— were or included references to services which would be regulated children’s services in Wales, or (as the case may be) to the person who would be the provider, if that provision were in force. Sub-paragraph (1) has effect subject to any provision made under sections 118 or 119.
Section 117(2). Chapter Short title Extent of repeal 1948 c. 29. National Assistance Act 1948. Section 26(1E). 1957 c. 16. Nurses Agencies Act 1957. The whole Act. 1958 c. 51. Public Records Act 1958. In Schedule 1, in the Table at the end of paragraph 3, in Part II, the entry relating to the Care Council for Wales. 1963 c. 33. London Government Act 1963. Section 40(4)(i). 1970 c. 42. Local Authority Social Services Act 1970. In Schedule 1, in the entry relating to the Mental Health Act 1959, the words “and the Registered Homes Act 1984 so far as its provisions relate to mental nursing homes”, and the entry relating to the Registered Homes Act 1984. 1970 c. 44. Chronically Sick and Disabled Persons Act 1970. Section 18. 1972 c. 70. Local Government Act 1972. In Schedule 29, paragraph 30. 1973 c. 35. Employment Agencies Act 1973. In section 13(7), paragraphs (b) and (c) and the proviso. 1976 c. 36. Adoption Act 1976. Section 3. Section 4(1) and (2). In section 4(3), the word “concerned”. Section 5. Section 9(1). 1979 c. 36. Nurses, Midwives and Health Visitors Act 1979. In Schedule 7, paragraphs 8, 9 and 10. 1981 c. xvii. Greater London Council (General Powers) Act 1981. Section 16(j). 1983 c. 20. Mental Health Act 1983. In section 145(1), the definition of “mental nursing home”. 1983 c. 41. Health and Social Services and Social Security Adjudications Act 1983. In Schedule 2, paragraph 29. 1984 c. 22. Public Health (Control of Disease) Act 1984. In section 7(4), paragraphs (h) and (i) and the “and” following paragraph (i). 1984 c. 23. Registered Homes Act 1984. The whole Act. 1984 c. xxvii. Greater London Council (General Powers) Act 1984. Section 10(2)(f) and (l). 1989 c. 41. Children Act 1989. Section 54. In section 58(1), the word “54(2)”. In section 60, subsections (1) and (2), and in subsection (3)(a), the words “(other than a small home)”. Section 63(1) to (10). In section 80(4), the word “or” before paragraph (d). In section 104(1), the word “54(2)”. In section 105(1), the definitions of “child minder”, “mental nursing home”, “nursing home”, “registered children’s home” and “residential care home”. In Schedule 4, in paragraph 4, sub-paragraphs (1)(b) and (c), (2) and (3). In Schedule 5, paragraphs 1 to 6, in paragraph 7, sub-paragraphs (1)(b) and (c) and (2) to (4), and paragraph 8. In Schedule 6, paragraphs 1 to 9 and in paragraph 10, sub-paragraphs (1)(b) and (c), (2)(a) to (k), (3) and (4). In Schedule 8, paragraph 2(1)(b) and in paragraph 9(1), the words “which is not maintained by a local education authority”. In Schedule 13, paragraph 49, in paragraph 73, sub-paragraphs (2) and (3) and in paragraph 74, sub-paragraphs (2) and (4). 1990 c. 19. National Health Service and Community Care Act 1990. In Schedule 9, paragraph 27. 1991 c. 20. Registered Homes (Amendment) Act 1991. The whole Act. 1992 c. 53. Tribunals and Inquiries Act 1992. In Schedule 1, the entry relating to the Registered Homes Tribunals constituted under Part III of the Registered Homes Act 1984. 1993 c. 8. Judicial Pensions and Retirement Act 1993. In Schedule 5, the entry relating to a Chairman of a Registered Homes Tribunal constituted under the Registered Homes Act 1984. In Schedule 6, paragraph 55. In Schedule 7, paragraph 5(5)(xxxi). 1994 c. 19. Local Government (Wales) Act 1994. In Schedule 9, paragraph 5. 1996 c. 23. Arbitration Act 1996. In Schedule 3, paragraph 41. 1996 c. 56. Education Act 1996. In Schedule 37, paragraphs 58, 86, 88 and 89. 1997 c. 24. Nurses, Midwives and Health Visitors Act 1997. In Schedule 4, paragraph 3. 1999 c. 14. Protection of Children Act 1999. In section 2(9), the words “or an agency for the supply of nurses”. In section 7(2), the words “or an agency for the supply of nurses”. Section 10. In section 12(1), the definition of “agency for the supply of nurses”. Section 13(3) and (4). 1999 c. 18. Adoption (Intercountry Aspects) Act 1999. Section 10.
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A Council may make rules requiring persons registered under this Part in any part of the register to undertake further training.
The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by the Council, including provision for their registration to cease to have effect.
Before making, or varying, any rules by virtue of this section the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.
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A Council may by rules make provision for the visiting of places at which or institutions by which or under whose direction—
any relevant course (or part of such a course) is, or is proposed to be, given; or
any examination is, or is proposed to be, held in connection with any relevant course.
The rules may make provision—
for the appointment of visitors;
for reports to be made by visitors on—
the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at the place or by the institution visited; and
such other matters as may be specified in the rules;
for the payment by the Council of fees, allowances and expenses to persons appointed as visitors;
for such persons to be treated, for the purposes of Schedule 1, as members of the Council’s staff.
In subsection (1) “relevant course”, in relation to a Council, means—
any course for which approval by the Council has been given, or is being sought, under section 63; or
any training which a person admitted to the part for social workers of the register maintained by the Council may be required to undergo after registration.
The Secretary of State has the function of—
ascertaining what training is required by persons who are or wish to become social care workers;
ascertaining what financial and other assistance is required for promoting such training;
encouraging the provision of such assistance;
drawing up occupational standards for social care workers.
The Secretary of State shall encourage persons to take part in—
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...courses relevant to the training of persons who are or wish to become social care workers.
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If it appears to the Secretary of State that adequate provision is not being made for training persons who are or wish to become social care workers, the Secretary of State may provide, or secure the provision of, courses for that purpose.
The Secretary of State may, upon such terms and subject to such conditions as he or she considers appropriate—
make grants, and pay travelling and other allowances, to persons resident in England ... in order to secure their training in the work of social care workers;
make grants to organisations providing training in the work of social care workers.
Any functions of the Secretary of State under this section—
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may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.
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may be delegated by the Assembly to the Welsh Council; or
may be exercised by any person, or by employees of any person, authorised to do so by the Assembly.
For the purpose of determining— Part II of the Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act and in subsection (5)(b) “employee” has the same meaning as in that Part.
the terms and effect of an authorisation under subsection (5)(b) ...; and
the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,
The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions.
If the Secretary of State gives a direction under subsection (1), the National Health Service Act 2006 shall have effect as if—
the direction were a direction of the Secretary of State under section 7 of that Act, and
the functions were exercisable by the Special Health Authority under section 7.
Directions under subsection (1)—
shall be given by an instrument in writing, and
may be varied or revoked by subsequent directions.
An appeal against a decision of the Welsh Council under this Part in respect of registration shall lie to the Tribunal.
On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect or, in the case of an appeal under subsection (1C), direct that the alert be withdrawn or amended .
An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.
The Tribunal shall also have power on an appeal against a decision—
to vary any condition for the time being in force in respect of the person to whom the appeal relates;
to direct that any such condition shall cease to have effect; or
to direct that any such condition as it thinks fit shall have effect in respect of that person.
An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social care manager in the United Kingdom.
An appeal shall lie to the Tribunal against a decision of the Welsh Council under regulation 67 of the General Systems Regulations to send an alert about a person.
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A Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.
Any person who asks the Council for a copy of, or of an extract from, the register shall be entitled to have one.
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The Central Council for Education and Training in Social Work (referred to in this Act as “CCETSW”) shall cease to exercise in relation to England and Wales the functions conferred on it by or under section 10 of the Health and Social Services and Social Security Adjudications Act 1983.
Her Majesty may by Order in Council make a scheme under subsection (3), or make any provision under subsection (4), which She considers necessary or expedient in consequence of the functions of CCETSW referred to in subsection (1) ceasing, by virtue of that subsection, an Act of the Scottish Parliament or an Act of the Northern Ireland Assembly, to be exercisable in relation to any part of the United Kingdom.
A scheme may provide—
for the transfer to the new employer of any eligible employee;
for the transfer to any person of any property belonging to CCETSW;
for any person to have such rights and interests in relation to any property belonging to CCETSW as Her Majesty considers appropriate (whether in connection with a transfer or otherwise);
for the transfer to any person of any liabilities of CCETSW.
The Order in Council may make— including provision amending Schedule 3 to that Act or repealing that Schedule, section 10 of that Act and any reference in any enactment to CCETSW.
any supplementary, incidental or consequential provision;
any transitory, transitional or saving provision,
In this section—
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);
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Any power of a Council to make rules under this Part may be exercised—
either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.
Rules made by a Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council’s functions.
In particular, the rules may make provision for the payment of such fees in connection with— including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify.
registration (including applications for registration or for amendment of the register);
the approval of courses under section 63;
the provision of training;
the provision of copies of codes of practice or copies of, or extracts from, the register,
No rules shall be made by a Council under this Part without the consent of the appropriate Minister.
There shall be an office of the Children’s Commissioner for Wales or Comisiynydd Plant Cymru.
Schedule 2 shall have effect with respect to the Children’s Commissioner for Wales (referred to in this Act as “the Commissioner”).
The Commissioner may review, and monitor the operation of, arrangements falling within subsection (2), (2A), (2B), (2C), (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children —
to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or
to or in respect of whom regulated children’s services in Wales are provided.
The arrangements falling within this subsection are the arrangements made by the providers of regulated children’s services in Wales, or by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, for dealing with complaints or representations about such services made by or on behalf of children to whom such services are provided.
The Commissioner may also assess the effect on such children of the failure of any person to make such arrangements.
The arrangements falling within this subsection are arrangements made by the providers of regulated children’s services in Wales, by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or by another person mentioned in Schedule 2B or subsection (2B), for ensuring that proper action is taken in response to any disclosure of information which may tend to show— in the course of or in connection with the provision of the services mentioned in subsection (3A)..
that a criminal offence has been committed;
that a person has failed to comply with any legal obligation to which he is subject;
that the health and safety of any person has been endangered; or
that information tending to show that any matter falling within one of the preceding paragraphs has been deliberately concealed,
The arrangements falling within this subsection are arrangements made (whether by providers of regulated children’s services in Wales, by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government or by any other person) for making persons available—
to represent the views and wishes of children —
to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or
to or in respect of whom regulated children’s services in Wales are provided; or
to provide such children with advice and support of any prescribed kind.
The arrangements falling within this subsection are the arrangements made by a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about services provided in Wales by the person to or in respect of the child.
Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.
The arrangements falling within this subsection are the arrangements made by a person providing services in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about a service which is so provided to or in respect of the child.
The arrangements falling within this subsection are the arrangements made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government for dealing with complaints or representations made by or on behalf of a child about a service which is provided in Wales to or in respect of the child by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B (other than the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government).
The services are—
in the case of a person mentioned in Schedule 2B, services provided in Wales by the person to or in respect of a child;
in the case of a person mentioned in subsection (2B), services provided in Wales by the person to or in respect of a child on behalf of, or under arrangements with, a person mentioned in Schedule 2B;
in the case of a provider of regulated children’s services in Wales, those services.
The Welsh Ministers may by order amend this section or Schedule 2B by—
adding any person to that Schedule;
omitting any person from that Schedule;
altering the description of any person mentioned in that Schedule; or
making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, services which although provided by the person in Wales are not to be treated as such for the purposes of the exercise of the Commissioner’s functions.
An order under subsection (5A) may add a person to Schedule 2B only if—
the person provides services in Wales to or in respect of children;
some or all of the person’s functions are in a field in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government;
the person is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Assembly Government; and
(unless consent is given by the Secretary of State under subsection (5C)), at least half of the person’s expenditure on the exercise of functions in relation to Wales (or, where the person’s functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Welsh Ministers.
An order may add to Schedule 2B a person who does not satisfy the condition in subsection (5B)(d) if the Secretary of State gives consent.
An order under subsection (5A) must not add to Schedule 2B a person whose sole or main activity is—
the investigation of complaints by members of the public about the actions of any person; or
the supervision or review of, or of steps taken following, such an investigation.
The Welsh Ministers may not make an order under subsection (5A) if the result would be that the Commissioner could exercise functions in relation to a person’s functions in a field in which no functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
Regulations may , in connection with the Commissioner’s functions under this Part,make provision for the examination by the Commissioner of the cases of particular children to whom this Part applies.
The regulations may include provision about—
the types of case which may be examined;
the circumstances in which an examination may be made;
the procedure for conducting an examination, including provision about the representation of parties;
the publication of reports following an examination.
The reference in subsection (1) to functions of the Commissioner does not include a reference to his power to consider and make representations by virtue of section 75A(1).
The regulations may make provision for— for the purposes of an examination or for the purposes of determining whether any recommendation made in a report following an examination has been complied with.
requiring persons to provide the Commissioner with information; or
requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,
For the purposes mentioned in subsection (3), the Commissioner shall have the same powers as the High Court in respect of—
the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and
the provision of information.
No person shall be compelled for the purposes mentioned in subsection (3) to give any evidence or provide any information which he could not be compelled to give or provide in civil proceedings before the High Court.
The regulations may make provision for the payment by the Commissioner of sums in respect of expenses or allowances to persons who attend or provide information for the purposes mentioned in subsection (3).
The Commissioner may certify an offence to the High Court where—
a person, without lawful excuse, obstructs him or any member of his staff in the exercise of any of his functions under regulations made by virtue of section 73(5) or 74; or
a person is guilty of any act or omission in relation to an examination under regulations made by virtue of section 74 which, if that examination were proceedings in the High Court, would constitute contempt of court.
Where an offence is so certified the High Court may inquire into the matter; and after hearing— the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.
any witnesses who may be produced against or on behalf of the person charged with the offence; and
any statement that may be offered in defence,
Regulations may confer power on the Commissioner to assist a child to whom this Part applies— and in this subsection “proceedings” includes a procedure of any kind and any prospective proceedings.
in making a complaint or representation to or in respect of a provider of regulated children’s services in Wales; or
in any prescribed proceedings,
in making a complaint or representation to or in respect of a person mentioned in Schedule 2B or section 73(2B);
For the purposes of subsection (1), assistance includes— and the regulations may provide for assistance to be given on conditions, including (in the case of financial assistance) conditions requiring repayment in circumstances specified in the regulations.
financial assistance; and
arranging for representation, or the giving of advice or assistance, by any person,
The proceedings which may be prescribed by virtue of subsection (1)(b) are proceedings relating to—
the exercise or proposed exercise of a function as mentioned in section 72B(1);
the provision of services as mentioned in section 78(1)(b) or (c).
The Commissioner may, in connection with his functions under this Part, give advice and information to any person.
Regulations may, in connection with the Commissioner’s functions under this Part, confer further functions on him.
The regulations may, in particular,
include provision about the making of reports on any matter connected with any of his functions;
provide that the Commissioner may make a joint report with the Commissioner for Older People in Wales where they have discharged their respective functions under this Act and the Commissioner for Older People (Wales) Act 2006 in relation to the same matters.
provide that the Commissioner may make a joint report with the Welsh Language Commissioner where they have exercised their respective functions under this Act and the Welsh Language (Wales) Measure 2011 in relation to the same matters.
Apart from identifying any person investigated, a report by the Commissioner shall not— unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report to mention his name or include such particulars.
mention the name of any person; or
include any particulars which, in the opinion of the Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
For the purposes of the law of defamation, the publication of any matter by the Commissioner in a report is absolutely privileged.
The references in subsections (4) and (5) to functions of the Commissioner do not include a reference to his power to consider and make representations by virtue of section 75A(1).
The Commissioner or a person authorised by him may for the purposes of any function of the Commissioner under section 72B or 73 or subsection (4) of this section at any reasonable time—
enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and
if the child consents, interview the child in private.
This Part does not authorise the Commissioner to enquire into or report on any matter so far as it is the subject of legal proceedings before, or has been determined by, a court or tribunal.
This Part does not authorise the Commissioner to exercise any function which by virtue of an enactment is also exercisable by a prescribed person.
This Part applies to a child—
who is ordinarily resident in Wales;
to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or
to or in respect of whom regulated children’s services in Wales are provided.
In this Part, “regulated children’s services in Wales” means any of the following services for the time being provided in respect of children—
services of a description provided by or in Part II undertakings, so far as provided in Wales;
services provided by local authorities in Wales in the exercise of relevant adoption functions or relevant fostering functions;
regulated services within the meaning of section 2 of the 2016 Act;
services of a description provided by persons registered under Part XA of the 1989 Act, so far as provided in Wales;
accommodation provided by schools or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992), so far as provided in Wales.
Regulations may provide that, for the purposes of this Part of this Act, “child” includes a person aged 18 or over who falls within subsection (1B).
For the purposes of this Part—
in the case of the services mentioned in subsection (2)(a), the person who carries on the Part II undertaking is to be treated as the provider of the services;
in the case of the services mentioned in subsection (2)(d), the relevant person (as defined in section 87 of the 1989 Act) is to be treated as the provider of the services.
in the case of the services mentioned in subsection (2)(aa), the person registered under section 7 of the 2016 Act in respect of the regulated service is to be treated as the provider of the services;
A person falls within this subsection if the person is a category 3, 4, 5 or 6 young person, within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014, in respect of whom services are provided in Wales by, or on behalf of, or under arrangements with, a county council or county borough council in Wales.
For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.
Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.
Regulations may provide for the references to a child in subsection (1) to include references to a person (including a child) who was at any time (including a time before the commencement of this Part)—
a child ordinarily resident in Wales;
a child to or in respect of whom services were provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or
a child to or in respect of whom regulated children’s services in Wales were provided.
In this Part—
cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.
In this section—
In the case of services mentioned in subsection (2)(aa), where a service is provided at, from or in relation to two or more places, the service is to be treated as a separate service in relation to each place where it is provided at, from or in relation to for the purposes of this Part.
The principal aim of the Commissioner in exercising his functions is to safeguard and promote the rights and welfare of children to whom this Part applies.
The Commissioner may review the effect on children to whom this Part applies of—
the exercise or proposed exercise of any function of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, including the making or proposed making of any subordinate legislation; or
the exercise or proposed exercise in relation to Wales of any function of any person mentioned in Schedule 2A.
The Welsh Ministers may by order amend this section or Schedule 2A by—
adding any person to that Schedule;
omitting any person from that Schedule;
altering the description of any person mentioned in that Schedule; or
making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, a function of the person which although exercisable in relation to Wales is not to be treated as such for the purposes of subsection (1)(b).
An order under subsection (2) may add a person to Schedule 2A only if—
some or all of the person’s functions are in a field in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government;
the person is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Assembly Government; and
(unless consent is given by the Secretary of State under subsection (4)), at least half of the person’s expenditure on the exercise of functions in relation to Wales (or, where the person’s functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Welsh Ministers.
An order under subsection (2) may add to Schedule 2A a person who does not satisfy the condition in subsection (3)(c) if the Secretary of State gives consent.
An order under subsection (2) must not add to Schedule 2A a person whose sole or main activity is—
the investigation of complaints by members of the public about the actions of any person; or
the supervision or review of, or of steps taken following, such an investigation.
The Welsh Ministers may not make an order under subsection (2) if the result would be that the Commissioner could review the effect of the exercise or proposed exercise of a person’s function in a field in which no functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
In subsection (1)(a) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
This section applies where it appears to the Commissioner that a case which he is— relates to or raises a matter which could be the subject of an examination by the Commissioner for Older People in Wales or the Welsh Language Commissioner (the ‘connected matter’).
examining in accordance with regulations made under section 74, or
considering whether to examine in accordance with such regulations,
Where the Commissioner considers it appropriate, he must inform the Commissioner for Older People in Wales, or may inform the Welsh Language Commissioner, about the connected matter.
Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (‘the children matter’), he must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) also if he considers it appropriate—
inform the Commissioner for Older People in Wales or the Welsh Language Commissioner about the Commissioner's proposals for the examination of the case; and
consult the Commissioner for Older People in Wales or the Welsh Language Commissioner about those proposals.
Where the Commissioner and the Commissioner for Older People in Wales or the Welsh Language Commissioner consider that they are entitled to examine, respectively, the children matter and the connected matter they may—
co-operate with each other in the separate examination of each of those matters;
act together in the examination of those matters; and
prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined.
Where the Commissioner considers— he must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure the referral to that Commissioner of the connected matter.
that the case is not one which relates to or raises a matter that he is entitled to examine himself, and
that it is appropriate to do so,
This section applies where it appears to the Commissioner that a case which he is— relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales (the ‘connected matter’).
examining in accordance with regulations made under section 74, or
considering whether to examine in accordance with such regulations,
Where the Commissioner considers it appropriate, he must inform the Ombudsman about the connected matter.
Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (the ‘children matter’), he must also if he considers it appropriate—
inform the Ombudsman about the Commissioners proposals for examination of the case, and
consult the Ombudsman about those proposals.
Where the Commissioner and the Ombudsman consider that they are entitled to examine, respectively, the children matter and the connected matter they may—
co-operate with each other in the separate examination of each of those matters;
act together in the examination of those matters; and
prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined.
Where the Commissioner considers— he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure referral to the Ombudsman of the connected matter.
that the case is not one which relates to or raises a matter that he is entitled to examine himself, and
that it is appropriate to do so,
This section applies where it appears to the Commissioner that a case which he is— relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales.
examining in accordance with regulations made under section 74, or
considering whether to examine in accordance with such regulations,
Where the Commissioner considers it appropriate, he must—
inform the Ombudsman about the case, and
consult him in relation to it.
Where the Commissioner consults the Ombudsman under this section, he and the Ombudsman may—
co-operate with each other in relation to the case;
conduct a joint examination into the case;
prepare and publish a joint report in relation to the case.
The Commissioner may consider, and make representations to the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government about, any matter affecting the rights or welfare of children in Wales.
The function of the Commissioner under subsection (1) is exercisable only where he does not have power to consider and make representations about the matter in question by virtue of any other provision of this Act or any other enactment.
After Part X of the 1989 Act (child minding and day care for young children) there shall be inserted—
Schedule 3 (which inserts a new Schedule 9A in the 1989 Act) shall have effect.
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In subsection (3)—
“electronically” means in the form of an electronic communication;
Part X of, and Schedule 9 to, the 1989 Act shall cease to extend to England and Wales.
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Subsections (2) to (7) apply for the purposes of this Part.
“Care worker” means—
an individual who is or has been employed in a position which is such as to enable him to have regular contact in the course of his duties with adults to whom accommodation is provided at a care home;
an individual who is or has been employed in a position which is such as to enable him to have regular contact in the course of his duties with adults to whom prescribed services are provided by an independent hospital, an independent clinic, an independent medical agency or a National Health Service body;
an individual who is or has been employed in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
“Care position”, in relation to an individual, means a position such as is mentioned in subsection (2)(a), (b) or (c).
“Employment” has the same meaning as in the Protection of Children Act 1999 (referred to in this Act as “the 1999 Act”); and references to an individual being employed shall be construed accordingly.
“Supply worker”—
in relation to an employment agency, means an individual supplied by the agency for employment in a care position or for whom the agency has found employment in a care position;
in relation to an employment business, means an individual supplied by the business for employment in a care position.
“Vulnerable adult” means—
an adult to whom accommodation and nursing or personal care are provided in a care home;
an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency; or
an adult to whom prescribed services are provided by an independent hospital, independent clinic, independent medical agency or National Health Service body.
The persons who provide care for vulnerable adults are—
any person who carries on a care home;
any person who carries on a domiciliary care agency;
any person who carries on an independent hospital, an independent clinic or an independent medical agency, which provides prescribed services; and
a National Health Service body which provides prescribed services.
Regulations for the purposes of this section or section 91, 93 or 103 may only be made by the Secretary of State; and before making any regulations for the purposes of this section or section 93 or 103 the Secretary of State shall consult the Assembly.
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The Secretary of State shall keep a list of individuals who are considered unsuitable to work with vulnerable adults.
An individual shall not be included in the list except in accordance with this Part.
The Secretary of State may at any time remove an individual from the list if he is satisfied that the individual should not have been included in it.
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A person who provides care for vulnerable adults (“the provider”) shall refer a care worker to the Secretary of State if there is fulfilled—
any of the conditions mentioned in subsection (2); or
the condition mentioned in subsection (3).
The conditions referred to in subsection (1)(a) are—
that the provider has dismissed the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult;
that the worker has resigned, retired or been made redundant in circumstances such that the provider would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned, retired or been made redundant;
that the provider has, on such grounds, transferred the worker to a position which is not a care position;
that the provider has, on such grounds, suspended the worker or provisionally transferred him to a position which is not a care position but has not yet decided whether to dismiss him or to confirm the transfer.
The condition referred to in subsection (1)(b) is that—
in circumstances not falling within subsection (2), the provider has dismissed the worker, he has resigned or retired or the provider has transferred him to a position which is not a care position;
information not available to the provider at the time of the dismissal, resignation, retirement or transfer has since become available; and
the provider has formed the opinion that, if that information had been available at that time and if (where applicable) the worker had not resigned or retired, the provider would have dismissed him, or would have considered dismissing him, on such grounds as are mentioned in subsection (2)(a).
If it appears from the information submitted with a reference under subsection (1) that it may be appropriate for the worker to be included in the list kept under section 81, the Secretary of State shall—
determine the reference in accordance with subsections (5) to (7); and
pending that determination, provisionally include the worker in the list.
The Secretary of State shall—
invite observations from the worker on the information submitted with the reference and, if he thinks fit, on any observations submitted under paragraph (b); and
invite observations from the provider on any observations on the information submitted with the reference and, if he thinks fit, on any other observations under paragraph (a).
Where— the Secretary of State shall confirm the worker’s inclusion in the list if subsection (7) applies; otherwise he shall remove him from the list.
the Secretary of State has considered the information submitted with the reference, any observations submitted to him and any other information which he considers relevant; and
in the case of a reference under subsection (2)(d), the provider has dismissed the worker or, as the case may be, has confirmed his transfer on such grounds as are there mentioned,
This subsection applies if the Secretary of State is of the opinion—
that the provider reasonably considered the worker to be guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and
that the worker is unsuitable to work with vulnerable adults.
The reference in subsection (6)(b) to the provider dismissing the worker on such grounds as are mentioned in subsection (2)(d) includes—
a reference to his resigning, retiring or being made redundant in circumstances such that the provider would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned, retired or been made redundant; and
a reference to the provider transferring him, on such grounds, to a position which is not a care position.
This section does not apply where—
the provider carries on a domiciliary care agency, or an independent medical agency, which is or includes an employment agency or an employment business; and
the worker in question is a supply worker in relation to him.
Nothing in this section shall require a person who provides care for vulnerable adults to refer a worker to the Secretary of State in any case where the dismissal, resignation, retirement, transfer or suspension took place or, as the case may be, the opinion was formed before the commencement of this section.
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A person who carries on an employment agency or an employment business (“the provider”) shall refer a supply worker to the Secretary of State if there is fulfilled—
in the case of an employment agency, any of the conditions mentioned in subsection (2); or
in the case of an employment business, any of the conditions mentioned in subsection (3).
The conditions referred to in subsection (1)(a) are—
that the provider has decided not to do any further business with the worker on grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult;
that the provider has decided on such grounds not to find the worker further employment, or supply him for further employment, in a care position.
The conditions mentioned in subsection (1)(b) are—
that the provider has dismissed the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult;
that the worker has resigned or retired in circumstances such that the provider would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned or retired;
that the provider has, on such grounds, decided not to supply the worker for further employment in a care position.
If it appears from the information submitted with a reference under subsection (1) that it may be appropriate for the worker to be included in the list kept under section 81, the Secretary of State shall—
determine the reference in accordance with subsections (5) to (7); and
pending that determination, provisionally include the worker in the list.
The Secretary of State shall—
invite observations from the worker on the information submitted with the reference and, if he thinks fit, on any observations submitted under paragraph (b); and
invite observations from the provider on any observations on the information submitted with the reference and, if he thinks fit, on any other observations under paragraph (a).
Where the Secretary of State has considered the information submitted with the reference, any observations submitted to him and any other information which he considers relevant, the Secretary of State shall confirm the worker’s inclusion in the list if subsection (7) applies; otherwise he shall remove him from the list.
This subsection applies if the Secretary of State is of the opinion—
that the provider reasonably considered the worker to be guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and
that the worker is unsuitable to work with vulnerable adults.
Nothing in this section shall require a person who provides care for vulnerable adults to refer a worker to the Secretary of State in any case where the dismissal, resignation or retirement took place or, as the case may be, the decision was made before the commencement of this section.
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The registration authority may refer a care worker to the Secretary of State if—
on the basis of evidence obtained by it in the exercise of its functions under Part II of this Act, the authority considers that the worker has been guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and
the worker has not been referred to the Secretary of State under section 82 or 83 in respect of the misconduct.
Section 82(4) to (7) shall apply in relation to a reference made by the registration authority under subsection (1) as it applies in relation to a reference made by a person under section 82(1).
The reference in subsection (1) to misconduct is to misconduct which occurred after the commencement of this section.
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Subsection (2) applies where—
a relevant inquiry has been held;
the report of the person who held the inquiry names an individual who is or has been employed in a care position; and
it appears to the Secretary of State from the report—
that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
that the individual is unsuitable to work with vulnerable adults.
The Secretary of State—
may provisionally include the individual in the list kept under section 81; and
if he does so, shall determine in accordance with subsections (3) to (5) whether the individual’s inclusion in the list should be confirmed.
The Secretary of State shall—
invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b); and
invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a).
Where the Secretary of State has considered the report, any observations submitted to him and any other information which he considers relevant, he shall confirm that individual’s inclusion in the list if subsection (5) applies; otherwise he shall remove him from the list.
This subsection applies if the Secretary of State is of the opinion—
that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and
that the individual is unsuitable to work with vulnerable adults.
In this section—
“relevant provider group” means—
This subsection does not prejudice the generality of subsection (1).
“old employer” means a local authority.
The power under subsection (1) to require the provision of information includes—
power to require the provision of copies of any documents or records (including medical and other personal records); and
in relation to records kept by means of a computer, power to require the provision of the records in legible form.
In this section “relevant inquiry” means any of the following—
an inquiry held under—
section 10;
section 35 of the Government of Wales Act 1998;
section 81 of the 1989 Act;
section 84 of the National Health Service Act 1977;
section 7C of the Local Authority Social Services Act 1970;
an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 applies;
any other inquiry or hearing designated for the purposes of this section by an order made by the Secretary of State.
Before making an order under subsection (7) the Secretary of State shall consult the Assembly.
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An individual who is included (otherwise than provisionally) in the list kept by the Secretary of State under section 81 may appeal to the Tribunal against—
the decision to include him in the list; or
with the leave of the Tribunal, any decision of the Secretary of State not to remove him from the list under section 81(3).
Subject to subsection (5), an individual who has been provisionally included for a period of more than nine months in the list kept by the Secretary of State under section 81 may, with the leave of the Tribunal, have the issue of his inclusion in the list determined by the Tribunal instead of by the Secretary of State.
If on an appeal or determination under this section the Tribunal is not satisfied of either of the following, namely— the Tribunal shall allow the appeal or determine the issue in the individual’s favour and (in either case) direct his removal from the list; otherwise it shall dismiss the appeal or direct the individual’s inclusion in the list.
that the individual was guilty of misconduct (whether or not in the course of his duties) which harmed or placed at risk of harm a vulnerable adult; and
that the individual is unsuitable to work with vulnerable adults,
Where an individual has been convicted of an offence involving misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal or determination under this section.
Where the misconduct of which the individual is alleged to have been guilty is the subject of any civil or criminal proceedings, an application for leave under subsection (2) may not be made before the end of the period of six months immediately following the final determination of the proceedings.
For the purposes of subsection (5), proceedings are finally determined when—
the proceedings are terminated without a decision being made;
a decision is made against which no appeal lies;
in a case where an appeal lies with leave against a decision, the time limited for applications for leave expires without leave being granted; or
in a case where leave to appeal against a decision is granted or is not required, the time limited for appeal expires without an appeal being brought.
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Subject to section 88, an individual who is included in the list kept by the Secretary of State under section 81 may make an application to the Tribunal under this section.
On an application under this section the Tribunal shall determine whether or not the individual should continue to be included in the list.
If the Tribunal is satisfied that the individual is no longer unsuitable to work with vulnerable adults it shall direct his removal from the list; otherwise it shall dismiss the application.
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An individual may only make an application under section 87 with the leave of the Tribunal.
An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual’s case.
In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if—
he has been so included for a continuous period of at least five years; and
in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
In the case of any other individual, the appropriate conditions are satisfied if—
he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and
in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
The Tribunal shall not grant an application under this section unless it considers—
that the individual’s circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and
that the change is such that leave should be granted.
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Where a person who provides care to vulnerable adults proposes to offer an individual employment in a care position that person—
shall ascertain whether the individual is included in the list kept under section 81; and
if he is included in that list, shall not offer him employment in such a position.
Where a person who provides care to vulnerable adults discovers that an individual employed by him in a care position is included in that list, he shall cease to employ him in a care position. For the purposes of this subsection an individual is not employed in a care position if he has been suspended or provisionally transferred to a position which is not a care position.
Where a person who provides care to vulnerable adults (“the provider”) proposes to offer employment in a care position to an individual who has been supplied by a person who carries on an employment agency or employment business, there is a sufficient compliance with subsection (1) if the provider—
satisfies himself that, on a date within the last 12 months, the other person ascertained whether the individual was included in the list kept under section 81;
obtains written confirmation of the facts as ascertained by that person; and
if the individual was included in the list on that date, does not offer him employment in a care position.
It is immaterial for the purposes of subsection (1) or (3) whether the individual is already employed by the provider.
An individual who is included (otherwise than provisionally) in the list kept by the Secretary of State under section 81 shall be guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a care position.
It shall be a defence for an individual charged with an offence under subsection (5) to prove that he did not know, and could not reasonably be expected to know, that he was so included in that list.
An individual who is guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
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After subsection (3B) of section 113 of the Police Act 1997 (criminal record certificates) there shall be inserted—
After subsection (6A) of section 115 of that Act (enhanced criminal record certificates) there shall be inserted—
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In relation to any time before the commencement of section 90, any person seeking to ascertain whether a relevant individual is included in the list kept under section 81 shall be entitled to that information on making application for the purpose to the Secretary of State.
For the purposes of subsection (1) a relevant individual is—
an individual to whom the person proposes to offer employment in a care position;
an individual for whom the person proposes to find employment, or whom he proposes to supply for employment, in a care position; or
an individual of a prescribed description who does not fall within paragraph (a) or (b).
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Section 2(4) to (7) of the 1999 Act (referrals for inclusion in list of individuals who are considered unsuitable to work with children) shall, in the case of any reference under section 2, 2A or 2D of that Act, apply in relation to the list kept under section 81 as they apply in relation to the list kept under section 1 of that Act, but as if the reference in subsection (7)(b) to children were a reference to vulnerable adults.
Section 2B of the 1999 Act shall apply in relation to the list kept under section 81 as it applies in relation to the list kept under section 1 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to children were references to vulnerable adults.
But the Secretary of State may not by virtue of subsection (1) or (2) provisionally include an individual in the list kept under section 81, or confirm his inclusion in that list, unless he provisionally includes him in the list kept under section 1 of the 1999 Act or, as the case requires, confirms his inclusion in that list.
Where an individual has by virtue of subsection (1) or (2) been included in the list kept under section 81, section 86 shall apply to him as if the references in subsections (3)(a) and (4) to a vulnerable adult were references to a child.
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The Secretary of State may by regulations—
add to the list in section 80(7) any prescribed persons to whom subsection (2) applies;
amend the definitions of “care worker”, “care position” and “vulnerable adult” accordingly.
This subsection applies to—
local authorities providing services to adults in the exercise of their social services functions;
persons who provide to adults services which are similar to services which—
may or must be so provided by local authorities; or
may or must be provided by National Health Service bodies.
In its application by virtue of subsection (1), this Part shall have effect—
if the regulations so provide, as if “may” were substituted for “shall” in sections 82(1) and 83(1), and section 89 were omitted;
with such other modifications as may be specified in the regulations.
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In subsection (9) of section 2 of the 1999 Act (inclusion on reference to Secretary of State in list of individuals who are considered unsuitable to work with children)—
for “This section” there shall be substituted “Subsections (1) to (8) and (10) of this section”; and
for the words from “(a)” to “harm” there shall be substituted—
After subsection (9) of that section there shall be inserted—
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After section 2 of the 1999 Act there is inserted—
In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after “2” there is inserted “or 2A”.
For the sidenote to section 2 of that Act there is substituted “Inclusion in list on reference following disciplinary action etc.”.
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After section 2A of the 1999 Act (inserted by section 95) there is inserted—
In section 1(2) of that Act (duty of Secretary of State to keep list), before the “or” preceding paragraph (b) there shall be inserted—.
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After section 2B of the 1999 Act (inserted by section 95) there shall be inserted—
In section 1(2)(a) of the 1999 Act (individuals who may be included on list), after “below” there shall be inserted “or Part VII of the Care Standards Act 2000”.
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After section 2C of the 1999 Act (inserted by section 97) there is inserted—
In section 7 of that Act (effect of inclusion in certain statutory lists), after subsection (1) there shall be inserted—
After subsection (2) of that section there shall be inserted—
In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after “or 2A” there is inserted “or 2D”.
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Section 3 of the 1999 Act (inclusion in list on transfer from Consultancy Service Index) shall be amended as follows.
In subsection (1), for “This section” there shall be substituted “Subsections (2) and (3) below” and in paragraph (a), for “this section” there shall be substituted “section 1 above”.
After subsection (3) there shall be inserted—
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In subsection (1) of section 469 (notice of complaint) of the Education Act 1996, for paragraph (d) there shall be substituted—.
In subsection (2) of section 470 of that Act (determination of complaint by an Independent Schools Tribunal), for paragraph (f) there shall be substituted—
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Section 7 of the 1999 Act (effect of inclusion in either list) shall be amended as follows.
For subsection (1) there shall be substituted—
In subsection (2)—
in paragraph (a), for the words from “the list” to the end there shall be substituted “any of the lists mentioned in subsection (1) above”; and
in paragraph (c), for “either list” there shall be substituted “any of those lists”.
For subsection (4) there shall be substituted—
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In subsection (3A) of section 113 of the Police Act 1997 (criminal record certificates), for the words from “in the list” to the end there shall be substitutedin—
In subsection (6A) of section 115 of that Act (enhanced criminal record certificates), for the words from “in the list” to the end there shall be substitutedin—
Any person seeking to ascertain whether a relevant individual is included in— shall be entitled to that information on making, before the relevant commencement, an application for the purpose to the Secretary of State.
the list kept under section 1 of the 1999 Act;
the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; or
any list kept by the Secretary of State or the Assembly of persons disqualified under section 470 or 471 of the Education Act 1996,
In this section “relevant individual” means—
in relation to a person who carries on an employment agency, an individual with whom he proposes to do business or an individual of any other prescribed description;
in relation to any other person, an individual to whom he proposes to offer, or whom he proposes to supply for employment in, a child care position or an individual of any other prescribed description.
The relevant commencement is—
for applications relating to the list mentioned in subsection (1)(a) or (b), the commencement of section 8 of the 1999 Act; and
for applications relating to the list mentioned in subsection (1)(c), the commencement of section 102.
Paragraphs (b) and (c) of subsection (1) are without prejudice to any right conferred otherwise than by virtue of those provisions.
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The Police Act 1997 shall be amended as follows.
In section 113 (criminal record certificates)—
in subsection (3A), after “(3B),” there shall be inserted “or his suitability to adopt a child,”; and
after subsection (3D) (inserted by section 90) there shall be inserted—
In section 115 (enhanced criminal record certificates)—
in subsection (5)—
after paragraph (e) there shall be inserted—; and
after paragraph (g) there shall be inserted—; and
in subsection (6A), after “113,” there shall be inserted “or his suitability to adopt a child,”.
“relative” has the same meaning as in the 1989 Act;
In section 62 of the 1989 Act (duties of local authorities in relation to children provided with accommodation by voluntary organisations), at the end there shall be inserted—
For section 87A of the 1989 Act (suspension of duty under section 87(3)) there shall be substituted—
In section 87B of that Act (duties of inspectors under section 87A)—
in subsections (2) and (3), after “school”, in each place where it occurs, there shall be inserted “ or college ”;
in subsection (2), for “to the Secretary of State” there shall be substituted—; and
for subsection (4) there shall be substituted the following subsection—
After section 87B of the 1989 Act there shall be inserted—
After section 87C of the 1989 Act (inserted by section 107) there shall be inserted—
Section 80 of the 1989 Act (inspection of children’s homes etc. by persons authorised by Secretary of State) shall be amended as follows.
In subsection (1), in paragraph (l), for “independent school” there shall be substituted “ school or college ”.
In subsection (5)—
in paragraph (d), at the end there shall be inserted “ or governing body of any other school ”;
after that paragraph there shall be inserted— and
after paragraph (i) there shall be inserted—
After subsection (12) there shall be inserted—
In paragraph 9(1) of Schedule 8 to the 1989 Act (extension of Part IX to certain school children during holidays), “which is not maintained by a local education authority” shall be omitted.
and paragraphs (b) and (c) of, and the proviso to, subsection (7) shall be omitted.
The Nurses Agencies Act 1957 shall cease to have effect.
In section 13 of the Employment Agencies Act 1973 (interpretation), for subsection (8) there shall be substituted—,
Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Section 17, so far as relating to services provided under the enactments mentioned in subsection (2)(a) to (c) Charges for local authority welfare services
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The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that the Commission or the English Council—
has without reasonable excuse failed to discharge any of its functions; or
in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by him under section 6(2) or 54(4) in relation to those functions.
The powers conferred by this section are exercisable by the Assembly if it is satisfied that the Welsh Council—
has without reasonable excuse failed to discharge any of its functions; or
in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by the Assembly under section 54(4) in relation to those functions.
The appropriate Minister may—
make an order declaring the authority in question to be in default; and
direct the authority to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.
If the authority fails to comply with the appropriate Minister’s direction under subsection (3), the appropriate Minister may—
discharge the functions to which the direction relates himself; or
make arrangements for any other person to discharge those functions on his behalf.
This section and the next apply to a scheme made under section 38... or 79(3) for transferring eligible employees.
Subject to those provisions, such a scheme may apply to all, or any description of, employees or to any individual employee.
Such a scheme may be made by the appropriate Minister, and a recommendation may be made to Her Majesty in Council to make an Order containing such a scheme, only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.
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The contract of employment of an employee transferred under the scheme—
is not terminated by the transfer; and
has effect from the date of transfer as if originally made between the employee and the transferee.
Where an employee is transferred under the scheme—
all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer; and
anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
Subsections (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.
Where an employee objects as mentioned in subsection (3), his contract of employment with the old employer is terminated immediately before the date of transfer; but he is not to be treated, for any purpose, as having been dismissed by that employer.
This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.
In this section— and expressions used in this section and in the provision under which the scheme is made have the same meaning as in that provision.
“relevant offence” means an offence under—
Schedule 4 (which makes minor amendments and amendments consequential on the provisions of this Act) shall have effect.
Schedule 5 (which makes transitional and saving provision) shall have effect; but nothing in that Schedule shall be taken to prejudice the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in that Schedule.
Any power conferred on the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act except an order under section 38 or 79(3) shall be exercised by statutory instrument.
An order making any provision by virtue of section 119(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
Subject to subsections (2) or (2A), an instrument containing regulations or an order made by the Secretary of State, except an instrument containing an order under section 122, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (5) to (7) apply to any power of the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act...
The power may be exercised either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case.
The power may be exercised so as to make, as respects the cases in relation to which it is exercised—
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;
any such provision either unconditionally or subject to any specified condition.
The power may be exercised so as to make— which the person exercising the power considers necessary or expedient.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
The provision which, by virtue of subsection (7), may be made by regulations or an order under the Part of this Act which relates to the Children’s Commissioner for Wales includes provision amending or repealing any enactment or instrument.
The appropriate Minister may by order make— which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision amending or repealing any enactment or instrument.
This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.
Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.
A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.
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The reference to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by or under this Act.
Subsection (2) does not affect the power to make further Orders varying or omitting that reference.
In this Act—
“adult” means a person who is not a child;
“parent”, in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;
“old employer” means a local authority or a Health Authority.
“company” includes a partnership;
“harm”—
For the purposes of this Act—
a person is disabled if—
his sight, hearing or speech is substantially impaired;
he has a mental disorder; or
he is physically substantially disabled by any illness, any impairment present since birth, or otherwise;
an adult is mentally impaired if he is in a state of arrested or incomplete development of mind (including a significant impairment of intelligence and social functioning).
In this Act, the expression “personal care” does not include any prescribed activity.
For the purposes of this Act, the person who carries on a fostering agency falling within section 4(4)(b), or a voluntary adoption agency, is the voluntary organisation itself.
References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.
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For the purposes of this Act, a community home which is provided by a voluntary organisation shall be taken to be carried on by—
the person who equips and maintains it; and
if the appropriate Minister determines that the body of managers for the home, or a specified member of that body, is also to be treated as carrying on the home, that body or member.
Where a community home is provided by a voluntary organisation, the appropriate Minister may determine that for the purposes of this Act the home is to be taken to be managed solely by—
any specified member of the body of managers for the home; or
any other specified person on whom functions are conferred under the home’s instrument of management.
A determination under subsection (6) or (7) may be made either generally or in relation to a particular home or class of homes.
An establishment is not a care home for the purposes of this Act unless the care which it provides includes assistance with bodily functions where such assistance is required.
References in this Act to a child being looked after by a local authority shall be construed—
in relation to a local authority in England, in accordance with section 22 of the 1989 Act,
in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014.
For the purposes of this Act an individual is made redundant if—
he is dismissed; and
for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.
Any register kept for the purposes of this Act may be kept by means of a computer.
In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. Expression Provision of this Act 1989 Act Children Act 1989 1999 Act Protection of Children Act 1999 Adoption support agency Section 4 Assembly Section 5 Care home Section 3 . . . . . . the CIECSS Section 5. . . . . . . Children’s home Section 1 . . . . . . Commissioner Section 72 . . . . . . . . . . . . Domiciliary care agency Section 4 Fostering agency Section 4 Hospital and independent hospital Section 2 Independent clinic and independent medical agency Section 2 Registration authority Section 5 Residential family centre Section 4 Voluntary adoption agency Section 4 . . . . . .
This Act, except ... this Chapter, shall come into force on such day as the appropriate Minister may by order appoint, and different days may be appointed for different purposes.
This Act may be cited as the Care Standards Act 2000.
Subject to subsections (3) and (4), this Act extends to England and Wales only.
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The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
Section 30ZN
In this Schedule “monetary penalty” means— In this Schedule the “relevant authority” means—
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. A notice of intention must— 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. The relevant authority may not decide to impose a monetary penalty on the person before—
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. A notice imposing a penalty under section 30ZC(1) or 30ZM (penalty for failure to comply with requirements) may not be served— (whichever is earlier). 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). A notice imposing a penalty (a “penalty notice”) must— 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. The person must pay the penalty before the end of— 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).
Subject to sub-paragraphs (2) to (4), a monetary penalty may be of any amount. 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). 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). In deciding the amount of a monetary penalty, the relevant authority must consider—
This paragraph applies if all or part of a monetary penalty is unpaid by the time when it is required to be paid. 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). The total amount of interest imposed must not exceed the amount of the penalty. The unpaid amount of the penalty and any unpaid interest may be recovered by the relevant authority as a debt.
A person on whom a penalty notice has been served may appeal to the Tribunal against the decision of the relevant authority— 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. On an appeal under this paragraph the Tribunal may—
Any county council, county borough council or community council in Wales.
Any Health Authority for an area in, or consisting of, Wales.
Any Local Health Board for an area in, or consisting of, Wales.
Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales.
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Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales.
Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales.
Any tertiary education provider (other than one within paragraph 5, 6, 8 or 9) that is registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022.
Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section.
The Commission for Tertiary Education and Research.
Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).
Her Majesty’s Chief Inspector of Education and Training in Wales.
Qualifications Wales.
Any agricultural wages committee for an area wholly in, or consisting of, Wales.
A National Park authority for a National Park in Wales.
The Arts Council of Wales.
Social Care Wales .
The Natural Resources Body for Wales.
The National Library of Wales.
The National Museums and Galleries of Wales.
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The Royal Commission on the Ancient and Historical Monuments of Wales.
The Sports Council for Wales.
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Comisiynydd y Gymraeg (The Welsh Language Commissioner).
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The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
Any county council or county borough council in Wales.
Any Health Authority for an area in, or consisting of, Wales.
3A Any Local Health Board for an area in, or consisting of Wales
Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales.
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Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales.
Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales.
Any tertiary education provider (other than one within paragraph 6, 7, 9 or 10) that is registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022.
Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section.
Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).
The Commission for Tertiary Education and Research.