Care Standards (c. 14)

(The document as of February, 2008)

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Section 79.

SCHEDULE 3 Child minding and day care for young children

The following Schedule shall be inserted in the 1989 Act after Schedule 9--

" SCHEDULE 9A Child Minding and Day Care for Young Children

Exemption of certain schools

1 (1) Except in prescribed circumstances, Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after in--

(a) a maintained school;

(b) a school assisted by a local education authority;

(c) a school in respect of which payments are made by the Secretary of State or the Assembly under section 485 of the [1996 c. 56.] Education Act 1996;

(d) an independent school.

(2) The provision mentioned in sub-paragraph (1) is provision of day care made by--

(a) the person carrying on the establishment in question as part of the establishment's activities; or

(b) a person employed to work at that establishment and authorised to make that provision as part of the establishment's activities.

(3) In sub-paragraph (1)--

"assisted" has the same meaning as in the [1996 c. 56.] Education Act 1996;
"maintained school" has the meaning given by section 20(7) of the [1998 c. 31.] School Standards and Framework Act 1998.

Exemption for other establishments

2 (1) Part XA does not apply to provision of day care within sub-paragraph (2) for any child looked after--

(a) in an appropriate children's home;

(b) in a care home;

(d) in a residential family centre.

(2) The provision mentioned in sub-paragraph (1) is provision of day care made by--

(a) the department, authority or other person carrying on the establishment in question as part of the establishment's activities; or

(b) a person employed to work at that establishment and authorised to make that provision as part of the establishment's activities.

Exemption for occasional facilities

3 (1) Where day care is provided on particular premises on less than six days in any year, that provision shall be disregarded for the purposes of Part XA if the person making it has notified the registration authority in writing before the first occasion on which the premises concerned are so used in that year.

(2) In sub-paragraph (1) "year" means the year beginning with the day (after the commencement of paragraph 5 of Schedule 9) on which the day care in question was or is first provided on the premises concerned and any subsequent year.

Disqualification for registration

4 (1) Regulations may provide for a person to be disqualified for registration for child minding or providing day care.

(2) The regulations may, in particular, provide for a person to be disqualified where--

(a) he is included in the list kept under section 1 of the [1999 c. 14.] Protection of Children Act 1999;

(b) he is included on the grounds mentioned in subsection (6ZA)(c) of section 218 of the [1988 c. 40.] Education Reform Act 1988 in the list kept for the purposes of regulations made under subsection (6) of that section;

(d) an order of a prescribed kind has been made at any time with respect to any child who has been in his care;

(e) a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;

(f) he has at any time been refused registration under Part X or Part XA or any prescribed enactment or had any such registration cancelled;

(g) he has been convicted of any offence of a prescribed kind, or has been placed on probation or discharged absolutely or conditionally for any such offence;

(h) he has at any time been disqualified from fostering a child privately;

(j) a prohibition has been imposed on him at any time under section 69, section 10 of the [1984 c. 56.] Foster Children (Scotland) Act 1984 or any prescribed enactment;

(k) his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

(3) Regulations may provide for a person who lives--

(a) in the same household as a person who is himself disqualified for registration for child minding or providing day care; or

(b) in a household at which any such person is employed,

to be disqualified for registration for child minding or providing day care.

(4) A person who is disqualified for registration for providing day care shall not provide day care, or be concerned in the management of, or have any financial interest in, any provision of day care.

(5) No person shall employ, in connection with the provision of day care, a person who is disqualified for registration for providing day care.

(6) In this paragraph "enactment" means any enactment having effect, at any time, in any part of the United Kingdom.

5 (1) If any person--

(a) acts as a child minder at any time when he is disqualified for registration for child minding; or

(b) contravenes any of sub-paragraphs (3) to (5) of paragraph 4,

he shall be guilty of an offence.

(2) Where a person contravenes sub-paragraph (3) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person in question was living or employed in the household.

(3) Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.

(4) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

Certificates of registration

6 (1) If an application for registration is granted, the registration authority shall give the applicant a certificate of registration.

(2) A certificate of registration shall give prescribed information about prescribed matters.

(3) Where, due to a change of circumstances, any part of the certificate requires to be amended, the registration authority shall issue an amended certificate.

(4) Where the registration authority is satisfied that the certificate has been lost or destroyed, the authority shall issue a copy, on payment by the registered person of any prescribed fee.

(5) For the purposes of Part XA, a person is--

(a) registered for providing child minding (in England or in Wales); or

(b) registered for providing day care on any premises,

if a certificate of registration to that effect is in force in respect of him.

Annual fees

7 Regulations may require registered persons to pay to the registration authority at prescribed times an annual fee of a prescribed amount.

Co-operation between authorities

8 (1) Where it appears to the Chief Inspector that any local authority in England could, by taking any specified action, help in the exercise of any of his functions under Part XA, he may request the help of that authority specifying the action in question.

(2) Where it appears to the Assembly that any local authority in Wales could, by taking any specified action, help in the exercise of any of its functions under Part XA, the Assembly may request the help of that authority specifying the action in question.

(3) An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions. "

Section 116.

SCHEDULE 4 Minor and consequential amendments

National Assistance Act 1948 (c. 29)

1 (1) Section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations) shall be amended as follows.

(2) In subsection (1), for "(1B)" there shall be substituted "(1C)".

(3) For subsections (1A) and (1B) there shall be substituted--

" (1A) Arrangements must not be made by virtue of this section for the provision of accommodation together with nursing or personal care for persons such as are mentioned in section 3(2) of the Care Standards Act 2000 (care homes) unless--

(a) the accommodation is to be provided, under the arrangements, in a care home (within the meaning of that Act) which is managed by the organisation or person in question; and

(b) that organisation or person is registered under Part II of that Act in respect of the home. "

(4) 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".

Mental Health Act 1959 (c. 72)

2 In section 128 of the Mental Health Act 1959 (sexual intercourse with patients)--

(a) 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

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

" (6) In this section "independent hospital" and "care home" have the same meanings as in the Care Standards Act 2000. "

Children and Young Persons Act 1969 (c. 54)

3 In section 23(12) of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation)--

(a) at the appropriate place, there shall be inserted--

" "children's home" has the same meaning as in the Care Standards Act 2000; " and

(b) in the definition of "secure accommodation"--

(i) 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

(ii) at the end there shall be inserted "or the National Assembly for Wales".

Local Authority Social Services Act 1970 (c. 42)

4 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".

Adoption Act 1976 (c. 36)

5 (1) The Adoption Act 1976 shall be amended as follows.

(2) In section 1 (establishment of adoption service)--

(a) in subsections (1), (3) and (4), for "approved adoption societies" and "approved adoption society", in each place where those words occur, there shall be substituted, respectively, "appropriate voluntary organisation" and "appropriate voluntary organisations"; and

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

" (5) In this Act "appropriate voluntary organisation" means a voluntary organisation which is an adoption society in respect of which a person is registered under Part II of the Care Standards Act 2000. "

(3) In section 2 (local authorities' social services), in paragraph (a), 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".

(4) In section 4(3) of that Act (power of Secretary of State to make directions where approval of adoption society is withdrawn or expires), for the words from "Where" to "expires" there shall be substituted "Where, by virtue of the cancellation of the registration of any person under Part II of the Care Standards Act 2000, a body has ceased to be an appropriate voluntary organisation".

(5) In section 8 (inactive or defunct adoption societies)--

(a) in subsection (1), for the words from "an approved" to "expired" there shall be substituted "a body which is or has been an appropriate voluntary organisation"; and

(b) for "society", in each place where it occurs, there shall be substituted "organisation".

(6) In section 9 (regulation of adoption agencies)--

(a) in subsection (2), for "an approved adoption society" there shall be substituted "an appropriate voluntary organisation";

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

" (2A) The power under subsection (2) includes in particular power to make in relation to an appropriate voluntary organisation any provision which regulations under section 22(2) or (7) of the Care Standards Act 2000 (regulation of establishments and agencies) may make in relation to a fostering agency (within the meaning of that Act). " ;

" (3A) The power under subsection (3) includes in particular power to make in relation to the functions there mentioned any provision which regulations under section 48 of the Care Standards Act 2000 (regulation of the exercise of relevant fostering functions) may make in relation to relevant fostering functions (within the meaning of Part III of that Act). " ; and

(d) in subsection (4), after "(2)" there shall be inserted "or (3)".

(7) In section 11 (restriction on arranging adoptions and placing of children)--

(a) in subsection (2), for "approved under section 3 of this Act" there shall be substituted "an appropriate voluntary organisation"; and

(b) in subsection (3)(a), for "which is not an adoption agency" there shall be substituted " which is not--

(i) a local authority; or

(ii) a voluntary adoption agency within the meaning of the Care Standards Act 2000 in respect of which he is registered; " .

(8) In section 32 (meaning of "protected child")--

(a) in subsection (3)(a)(i), for "community home, voluntary home or 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

(b) in subsection (3A), for ""community home", "voluntary home", "registered children's home"" there shall be substituted ""children's home"".

(9) For section 51(3)(d)(i) there shall be substituted--

" (i) which is an appropriate voluntary organisation " .

(10) In section 58A(1) (information concerning adoption), for "approved adoption society" there shall be substituted "appropriate voluntary organisation".

(11) In section 72(1) (interpretation), for the definition of "approved adoption society" there shall be substituted--

" "appropriate voluntary organisation" has the meaning assigned by section 1(5); "

Adoption (Scotland) Act 1978 (c. 28)

6 In section 11(2) of the Adoption (Scotland) Act 1978 (restriction on arranging adoptions and placing of children), for "approved as respects England and Wales under section 3 of the Adoption Act 1976" there shall be substituted "a person registered under Part II of the Care Standards Act 2000".

Magistrates' Court Act 1980 (c. 43)

7 In Schedule 6 to the Magistrates' Court Act 1980 (fees), in the entry relating to family proceedings, in the paragraph relating to the 1989 Act, for "Part X" there shall be substituted "Part XA".

Limitation Act 1980 (c. 58)

8 In section 38 of the Limitation Act 1980 (interpretation)--

(a) 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 [1980 c. 20.] Mental Health Act 1983"; and

(b) 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".

Mental Health Act 1983 (c. 20)

9 (1) The Mental Health Act 1983 shall be amended as follows.

(2) 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".

(3) In paragraph (b) of section 24(3) (visiting and examination of patients), for "Part II of the Registered Homes Act 1984" there shall be substituted "Part II of the Care Standards Act 2000".

(4) In section 34--

(a) in subsection (1), after the definition of "the nominated medical attendant" there shall be inserted--

" "registered establishment" means an establishment--

(a) which would not, apart from subsection (2) below, be a hospital for the purposes of this Part; and

(b) in respect of which a person is registered under Part II of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act; " and

(b) in subsection (2), for the words from "a mental" to "1984" there shall be substituted "a registered establishment".

(5) In section 116(1) (welfare of certain hospital patients), for "or nursing home" there shall be substituted ", independent hospital or care home".

(6) In section 118(1) (code of practice)--

(a) for the first "and mental nursing homes" there shall be substituted ", independent hospitals and care homes"; and

(b) for the second "and mental nursing homes" there is substituted "and registered establishments".

(7) In section 121 (Mental Health Act Commission)--

(a) in subsection (4), for "and mental nursing homes" there shall be substituted ", independent hospitals and care homes"; and

(b) in subsection (5), in paragraphs (a) and (b), for "a mental nursing home" there shall be substituted "an independent hospital or a care home".

(8) In section 127(1) (ill-treatment of patients), for "or mental nursing home" there shall be substituted ", independent hospital or care home".

(9) 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".

(10) In section 145(1) (interpretation)--

(a) after the definition of "approved social worker" there shall be inserted--

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

(b) after the definition of "hospital order" and "guardianship order" there shall be inserted--

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

" (c) in relation to a registered establishment, the person or persons registered in respect of the establishment; " and

(d) after the definition of "Primary Care Trust" there shall be inserted--

" "registered establishment" has the meaning given in section 34 above; " .

Public Health (Control of Disease) Act 1984 (c. 22)

10 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.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

11 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".

Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))

12 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 which is approved as respects Scotland".

Income and Corporation Taxes Act 1988 (c. 40)

13 In section 155A(6) of the Income and Corporation Taxes Act 1988 (care for children), after "section 71" there shall be inserted "or Part XA".

Children Act 1989 (c. 41)

14 (1) The 1989 Act shall be amended as follows.

(2) In section 19 (review of provision of day care, child minding etc.)--

(a) in subsection (1)(c), for "section 71(1)(b)" there shall be substituted "Part XA"; and

(b) in subsection (5), for the definition of "relevant establishment" there shall be substituted--

" "relevant establishment" means--

(a) in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and

(b) in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales); " .

(3) In section 23 (provision of accommodation and maintenance by local authority for children whom they are looking after)--

(a) in subsection (2), for paragraphs (b) to (e) there shall be substituted--

" (aa) maintaining him in an appropriate children's home; " ;

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

" (2A) Where under subsection (2)(aa) a local authority maintains a child in a home provided, equipped and maintained by the Secretary of State under section 82(5), it shall do so on such terms as the Secretary of State may from time to time determine. " ; and

" (10) In this Act--

"appropriate 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; and
"children's home" has the same meaning as in that Act. "

(4) In section 24 (advice and assistance for certain children), as it has effect before the commencement of section 4 of the Children (Leaving Care) Act 2000--

(a) in subsections (2)(c) and (12)(a), for "registered" there shall be substituted "private"; and

(b) in subsections (2)(d)(ii) and (12)(c), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".

(5) In section 24 (persons qualifying for advice and assistance) as it has effect after that commencement--

(a) in subsection (2)(c), for "registered" there shall be substituted "private"; and

(b) in subsection (2)(d)(ii), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".

(6) In section 24C(2) (information)--

(a) in paragraph (a), for "registered" there shall be substituted "private"; and

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

(7) In section 51(1) (refuges for children at risk), for "registered" there shall be substituted "private".

(8) In section 59 (provision of accommodation by voluntary organisations)--

(a) in subsection (1), for paragraphs (b) to (e) there shall be substituted--

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

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

" (1A) Where under subsection (1)(aa) a local authority maintains a child in a home provided, equipped and maintained by the Secretary of State under section 82(5), it shall do so on such terms as the Secretary of State may from time to time determine. "

(9) In section 60 (registration and regulation of voluntary homes)--

(a) for the sidenote there shall be substituted "Voluntary homes."; and

(b) for subsection (3) there shall be substituted--

" (3) In this Act "voluntary home" means a children's home which is carried on by a voluntary organisation but does not include a community home. "

(10) In section 62 (duties of local authorities in relation to children provided with accommodation by voluntary organisations)--

(a) in subsection (6)(c), for "paragraph 7 of Schedule 5" there shall be substituted "section 22 of the Care Standards Act 2000"; and

(b) after subsection (9) there shall be inserted--

" (10) This section does not apply in relation to any voluntary organisation which is a school. "

(11) In section 63 (children not to be cared for and accommodated in unregistered children's homes)--

(a) for the sidenote there is substituted "Private children's homes etc.";

(b) in subsection (11), after "to" there shall be inserted "private"; and

(c) in subsection (12), after "treated" there shall be inserted ", for the purposes of this Act and the Care Standards Act 2000,".

(12) In section 64 (welfare of children in children's homes), in subsections (1) and (4), before "children's home" there shall be inserted "private".

(13) In section 65 (persons disqualified from carrying on, or being employed in, children's homes)--

(a) in subsections (1) and (2), for "the responsible authority" and "their" there shall be substituted "the appropriate authority" and "its" respectively;

(b) in subsection (3), for the words from "an" to "they" there shall be substituted "the appropriate authority refuses to give its consent under this section, it";

" (b) the applicant's right to appeal under section 65A against the refusal to the Tribunal established under section 9 of the [1999 c. 14.] Protection of Children Act 1999 " ; and

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

" (6) In this section and section 65A "appropriate authority" means--

(a) in relation to England, the National Care Standards Commission; and

(b) in relation to Wales, the National Assembly for Wales. "

(14) After section 65 there is inserted--

" 65A Appeal against refusal of authority to give consent under section 65

(1) An appeal against a decision of an appropriate authority under section 65 shall lie to the Tribunal established under section 9 of the [1999 c. 14.] Protection of Children Act 1999.

(2) On an appeal the Tribunal may confirm the authority's decision or direct it to give the consent in question. "

(15) In section 66 (privately fostered children)--

(a) in subsection (1)(a) after "accommodation" there shall be inserted "in their own home"; and

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

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