Care Standards (c. 14)

(The document as of February, 2008)

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(b) after subsection (4) there shall be inserted--

" (4A) The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person's own home. "

(16) In section 80 (inspection of children's homes etc by persons authorised by Secretary of State)--

(a) in subsections (1)(a) and (5)(c), before "children's" there shall be inserted "private";

(b) in subsection (1)(i), after "71(1)(b)" there shall be added "or with respect to which a person is registered for providing day care under Part XA";

" (j) care home or independent hospital used to accommodate children; " and

(d) in subsection (5), after paragraph (h) there shall be inserted--

" (hh) person who is the occupier of any premises--

(i) in which any person required to be registered for child minding under Part XA acts as a child minder (within the meaning of that Part); or

(ii) with respect to which a person is required to be registered under that Part for providing day care; " .

(17) In section 81(1) (inquiries)--

(a) in paragraph (d), after "a" there shall be inserted "private"; and

(b) in paragraph (e), for "a residential care home, nursing home or mental nursing home" there shall be substituted "a care home or independent hospital".

(18) 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".

(19) 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".

(20) In section 86--

(a) for the sidenote there shall be substituted "Children accommodated in care homes or independent hospitals."; and

(b) in subsections (1) and (5), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".

(21) 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.".

(22) 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,".

(23) In section 105 (interpretation)--

(a) in subsection (1)--

(i) after the definition of "adoption agency" there shall be inserted--

" "appropriate children's home" has the meaning given by section 23; "

(ii) after the definition of "bank holiday" there shall be inserted--

" "care home" has the same meaning as in the Care Standards Act 2000; "

(iii) for the definition of "children's home" there shall be substituted--

" "children's home" has the meaning given by section 23; "

(iv) in the definition of "day care", after "care"" there shall be inserted "(except in Part XA)";

(v) in the definition of "hospital", after "hospital" there shall be inserted "(except in Schedule 9A)";

(vi) after the definition of "income-based jobseeker's allowance" there shall be inserted--

" "independent hospital" has the same meaning as in the Care Standards Act 2000; " and

(vii) after the definition of "prescribed" there shall be inserted--

" "private children's home" means a children's home in respect of which a person is registered under Part II of the Care Standards Act 2000 which is not a community home or a voluntary home; " ; and

(b) after subsection (5) there shall be inserted--

" (5A) References in this Act to a child minder shall be construed--

(a) in relation to Scotland, in accordance with section 71;

(b) in relation to England and Wales, in accordance with section 79A. " .

(24) 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".

(25) In Schedule 6 (registered children's homes)--

(a) in the heading, for "Registered Children's Homes" there shall be substituted "Private Children's Homes"; and

(b) in paragraph 10(1)(a), for "registered" there shall be substituted "private".

(26) 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".

(27) In Schedule 8 (privately fostered children)--

(a) in paragraph 2, sub-paragraph (1)(b) shall cease to have effect, and in sub-paragraph (2), for "(1)(b)" there shall be substituted "(1)(c)"; and

(b) in paragraph 9(1), for "2(1)(d)" there shall be substituted "2(1)(c) and (d)", and at the end there shall be inserted--

" But this sub-paragraph does not apply to a school which is an appropriate children's home. " .

(28) For paragraph 2(1)(f) of Schedule 8 (privately fostered children) there shall be substituted--

" (f) in any care home or independent hospital; " .

(29) In paragraph 4(1) of Schedule 9 (child minding and day care for young children)--

(a) for paragraphs (a) to (c) there shall be substituted--

" (aa) an appropriate children's home; " and

(b) for paragraph (d) there shall be substituted--

" (d) a care home; " .

National Health Service and Community Care Act 1990 (c. 19)

15 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".

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)

16 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".

Criminal Justice Act 1991 (c. 53)

17 In section 61(2) of the Criminal Justice Act 1991 (provision by local authorities of secure accommodation), for the words from "voluntary" to the end there shall be substituted "persons carrying on an appropriate children's home for the provision or use by them of such accommodation".

Water Industry Act 1991 (c. 56)

18 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--

" 8 (1) A care home or independent hospital.

(2) In this paragraph--

"care home" means--
(a)
a care home within the meaning of the Care Standards Act 2000;
(b)
a building or part of a building in which residential accommodation is provided under section 21 of the [1948 c. 29.] National Assistance Act 1948;
"independent hospital" means an independent hospital within the meaning of the Care Standards Act 2000.

9 A children's home within the meaning of the Care Standards Act 2000. "

19 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".

Local Government Finance Act 1992 (c. 14)

20 In paragraph 7 of Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount)--

(a) in sub-paragraph (1)(a), for "residential care home, nursing home, mental nursing home" there shall be substituted "care home, independent hospital";

(b) in sub-paragraph (1)(b), after "home" there shall be inserted ", hospital";

" (2) In this paragraph--

"care home" means--
(a)
a care home within the meaning of the Care Standards Act 2000; or
(b)
a building or part of a building in which residential accommodation is provided under section 21 of the [1948 c. 29.] National Assistance Act 1948;
"hostel" means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph;
"independent hospital" has the same meaning as in the Care Standards Act 2000. " and

(d) in sub-paragraph (3), for ""mental nursing home", "nursing home" or "residential care home"" there shall be substituted ""care home" or "independent hospital"".

Tribunals and Inquiries Act 1992 (c. 53)

21 In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of Council), paragraph 36A (inserted by paragraph 8 of the Schedule to the [1999 c. 14.] Protection of Children Act 1999) is renumbered as paragraph 36B and, in the first column of that paragraph, after "Protection of children" there shall be inserted "and vulnerable adults, and care standards".

Criminal Justice and Public Order Act 1994 (c. 33)

22 In section 2 of the Criminal Justice and Public Order Act 1994 (secure training orders: supplementary provisions as to detention)--

(a) in subsection (5), for "registered children's home" there shall be substituted "private children's home"; and

(b) in subsection (8), for "registered children's home" there shall be substituted "private children's home".

Children (Scotland) Act 1995 (c. 36)

23 In section 93 of the Children (Scotland) Act 1995 (interpretation of Part II)--

(a) in paragraph (b) of the definition of "residential establishment", for "registered" there shall be substituted "private"; and

(b) 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".

Education Act 1996 (c. 56)

24 (1) The Education Act 1996 shall be amended as follows.

(2) In section 467(2) (provision of information about registered and provisionally registered schools), for "Children Act 1989" there shall be substituted "Care Standards Act 2000".

(3) In section 469(4) (notice of complaint by Secretary of State), after "school is" there shall be inserted "unsuitable to work with children or is for any other reason".

(4) In section 471(2)(a) (determination of complaint by Secretary of State), after "school is" there shall be inserted "unsuitable to work with children or is for any other reason".

Police Act 1997 (c. 50)

25 (1) In section 113(3A) of the Police Act 1997 (criminal record certificates), for "suitability for" there shall be substituted "suitability to be employed, supplied to work, found work or given work in".

(2) In section 115 of that Act (enhanced criminal record certificates)--

(a) in subsection (5)(e), for "or" there shall be substituted "registration for child minding or providing day care under Part XA of that Act or registration under"; and

(b) in subsection (6A), for "suitability for" there shall be substituted "suitability to be employed, supplied to work, found work or given work in".

Protection of Children Act 1999 (c. 14)

26 (1) The Protection of Children Act 1999 shall be amended as follows.

(2) In section 2 (inclusion in list on reference to Secretary of State)--

(a) in subsection (2)(b), for "or retired", in each place where those words occur, there shall be substituted ", retired or made redundant"; and

(b) in subsection (8)(a), for "or retiring" there shall be substituted ", retiring or being made redundant" and for "or retired" there shall be substituted ", retired or been made redundant".

(2) In section 7 (effect of inclusion in the lists kept under section 1 of the 1999 Act and section 218(6) of the [1988 c. 40.] Education Reform Act 1988)--

(a) after subsection (1) there shall be inserted--

" (1A) Where a child care organisation discovers that an individual employed by it in a child care position is included in any of the lists mentioned in subsection (1) above, it shall cease to employ him in a child care position.

For the purposes of this subsection an individual is not employed in a child care position if he has been suspended or provisionally transferred to a position which is not a child care position. " ; and

(b) in subsection (2), after "employment agency" there shall be inserted "or an employment business".

(3) In section 9 (the Tribunal)--

(a) in subsection (2), for the words from "on an appeal" to the end there shall be substituted--

" (a) on an appeal or determination under section 4 above;

(b) on an appeal under regulations made under section 6 above;

(c) on an appeal under section 65A of the [1989 c. 41.] Children Act 1989 or under, or by virtue of, Part XA of that Act; or

(d) on an appeal or determination under section 21, 68, 86, 87 or 88 of the Care Standards Act 2000; " ; and

(b) after subsection (3), there shall be inserted--

" (3A) The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 87 or 88 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations.

(3B) Regulations under this section may make different provision for different cases or classes of case.

(3C) Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales. "

(4) In section 12 (interpretation)--

(a) in subsection (1)--

(i) in the definition of "employment agency", for "has the same meaning" there shall be substituted "and "employment business" have the same meanings"; and

(ii) after the definition of "harm" there shall be inserted--

" "local authority" has the same meaning as in the Children Act 1989; " ; and

(b) after subsection (3) there shall be inserted--

" (3A) For the purposes of this Act, an individual is made redundant if--

(a) he is dismissed; and

(b) for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy. "

Adoption (Intercountry Aspects) Act 1999 (c. 18)

27 In section 2 of the Adoption (Intercountry Aspects) Act 1999 (central authorities and accredited bodies)--

(a) after subsection (2) there shall be inserted--

" (2A) A voluntary adoption agency in respect of which a person is registered under Part II of the Care Standards Act 2000 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders. " ; and

(b) for subsection (5) there shall be substituted--

" (5) In this section in its application to England and Wales, "voluntary adoption agency" has the same meaning as in the Care Standards Act 2000; and expressions which are also used in the [1976 c. 36.] Adoption Act 1976 ("the 1976 Act") have the same meanings as in that Act. "

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

28 (1) The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.

(2) 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".

(3) In paragraph 6(2)(a) of Schedule 6 (requirements which may be included in supervision 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".

Amendments of local Acts

29 (1) Section 16 of the [1981 c. xvii.] Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.

(2) For paragraph (g) there shall be substituted--

" (g) used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000; "

(3) For paragraphs (gg) and (h) there shall be substituted--

" (gg) used as a children's home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act; "

(4) Paragraph (j) shall be omitted.

30 (1) Section 10(2) of the [1984 c. xxvii.] Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.

(2) For paragraph (c) there shall be substituted--

" (c) used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000; "

(3) For paragraph (d) there shall be substituted--

" (d) used as a children's home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act; "

(4) Paragraphs (f) and (l) shall be omitted.

Section 117(1).

SCHEDULE 5 Transitional provisions and savings

Fostering agencies

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.

Voluntary adoption agencies

2 (1) Where an approval granted to a body, before the commencement of section 13, under section 3 of the [1976 c. 36.] 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--

(a) unconditionally; or

(b) subject to such conditions as may be prescribed.

(2) Any application made before the commencement of section 12 for approval under section 3 of the [1976 c. 36.] 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.

(3) The appropriate Minister may by order make such further transitional provision in relation to the repeal by this Act of provisions of the [1976 c. 36.] Adoption Act 1976 as he considers appropriate.

Children's Commissioner for Wales

3 (1) 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--

(a) to regulated children's services in Wales; and

(b) to the provider of such services,

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.

(2) Sub-paragraph (1) has effect subject to any provision made under sections 118 or 119.

Section 117(2).

SCHEDULE 6 Repeals

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 pa 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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