Care Standards Act 2000

• (a) 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

• (b) to or in respect of whom regulated children’s services in Wales are provided.

• (1A) The Commissioner may also assess the effect on such children of the failure of any person to make such arrangements.

• (2) 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.

• (2A) 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.

• (2B) 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.

• (2C) 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).

• (3) 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—

• (a) that a criminal offence has been committed;

• (b) that a person has failed to comply with any legal obligation to which he is subject;

• (c) that the health and safety of any person has been endangered; or

• (d) that information tending to show that any matter falling within one of the preceding paragraphs has been deliberately concealed,

in the course of or in connection with the provision of the services mentioned in subsection (3A)..

• (3A) The services are—

• (a) in the case of a person mentioned in Schedule 2B, services provided in Wales by the person to or in respect of a child;

• (b) 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;

• (c) in the case of a provider of regulated children’s services in Wales, those services.

• (4) 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—

• (a) to represent the views and wishes of children —

• (i) 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

• (ii) to or in respect of whom regulated children’s services in Wales are provided; or

• (b) to provide such children with advice and support of any prescribed kind.

• (5) 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.

• (5A) The Welsh Ministers may by order amend this section or Schedule 2B by—

• (a) adding any person to that Schedule;

• (b) omitting any person from that Schedule;

• (c) altering the description of any person mentioned in that Schedule; or

• (d) 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.

• (5B) An order under subsection (5A) may add a person to Schedule 2B only if—

• (a) the person provides services in Wales to or in respect of children;

• (b) 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;

• (c) 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

• (d) (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.

• (5C) 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.

• (5D) An order under subsection (5A) must not add to Schedule 2B a person whose sole or main activity is—

• (a) the investigation of complaints by members of the public about the actions of any person; or

• (b) the supervision or review of, or of steps taken following, such an investigation.

• (5E) 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.

Examination of cases

74

• (1) 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.

• (1A) 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).

• (2) The regulations may include provision about—

• (a) the types of case which may be examined;

• (b) the circumstances in which an examination may be made;

• (c) the procedure for conducting an examination, including provision about the representation of parties;

• (d) the publication of reports following an examination.

• (3) The regulations may make provision for—

• (a) requiring persons to provide the Commissioner with information; or

• (b) requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,

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.

• (4) For the purposes mentioned in subsection (3), the Commissioner shall have the same powers as the High Court in respect of—

• (a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and

• (b) the provision of information.

• (5) 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.

• (6) 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).

Obstruction etc

75

• (1) The Commissioner may certify an offence to the High Court where—

• (a) 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

• (b) 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.

• (2) Where an offence is so certified the High Court may inquire into the matter; and after hearing—

• (a) any witnesses who may be produced against or on behalf of the person charged with the offence; and

• (b) any statement that may be offered in defence,

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.

Further functions

76

• (1) Regulations may confer power on the Commissioner to assist a child to whom this Part applies—

• (a) in making a complaint or representation to or in respect of a provider of regulated children’s services in Wales; or

• (aa) in making a complaint or representation to or in respect of a person mentioned in Schedule 2B or section 73(2B);

• (b) in any prescribed proceedings,

and in this subsection “proceedings” includes a procedure of any kind and any prospective proceedings.

• (1A) The proceedings which may be prescribed by virtue of subsection (1)(b) are proceedings relating to—

• (a) the exercise or proposed exercise of a function as mentioned in section 72B(1);

• (b) the provision of services as mentioned in section 78(1)(b) or (c).

• (2) For the purposes of subsection (1), assistance includes—

• (a) financial assistance; and

• (b) arranging for representation, or the giving of advice or assistance, by any person,

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.

• (3) The Commissioner may, in connection with his functions under this Part, give advice and information to any person.

• (4) Regulations may, in connection with the Commissioner’s functions under this Part, confer further functions on him.

• (5) The regulations may, in particular,

• (a) include provision about the making of reports on any matter connected with any of his functions;

• (b) 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.

• (c) 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.

• (5A) 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).

• (6) Apart from identifying any person investigated, a report by the Commissioner shall not—

• (a) mention the name of any person; or

• (b) 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,

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.

• (7) For the purposes of the law of defamation, the publication of any matter by the Commissioner in a report is absolutely privileged.

• (8) 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—

• (a) enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and

• (b) if the child consents, interview the child in private.

Restrictions

77

• (1) 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.

• (2) This Part does not authorise the Commissioner to exercise any function which by virtue of an enactment is also exercisable by a prescribed person.

Interpretation

78

• (1) This Part applies to a child—

• (a) who is ordinarily resident in Wales;

• (b) 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

• (c) to or in respect of whom regulated children’s services in Wales are provided.

• (1A) 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).

• (1B) 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.

• (2) In this Part, “regulated children’s services in Wales” means any of the following services for the time being provided in respect of children—

• (a) services of a description provided by or in Part II undertakings, so far as provided in Wales;

• (aa) regulated services within the meaning of section 2 of the 2016 Act;

• (b) services provided by local authorities in Wales in the exercise of relevant adoption functions or relevant fostering functions;

• (c) services of a description provided by persons registered under Part XA of the 1989 Act, so far as provided in Wales;

• (d) 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.

• (3) For the purposes of this Part—

• (a) 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;

• (aa) 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;

• (b) 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.

• (4) 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.

• (5) 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.

• (5A) 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.

• (6) 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) a child ordinarily resident in Wales;

• (b) 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

• (c) a child to or in respect of whom regulated children’s services in Wales were provided.

• (7) In this Part—

• “information” includes information recorded in any form;

• “regulations” means regulations made by the Welsh Ministers.

• (8) In this section—

• “the 2016 Act” means the Regulation and Inspection of Social Care (Wales) Act 2016;

• “relevant adoption functions” means the functions of local authorities in Wales 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 that Act);

• “relevant fostering functions” means the functions of local authorities in Wales under section 81 of the Social Services and Well-being (Wales) Act 2014 or regulations made under or by virtue of any of sections 87, 92(1)(a), (b), (d) or (e) or 93 of that Act in connection with placements with local authority foster parents.

Part VI — Child minding and day care

Amendment of Children Act 1989

79

• (1) After Part X of the 1989 Act (child minding and day care for young children) there shall be inserted—

(79A) (1) This section and section 79B apply for the purposes of this Part. (2) “Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly. (3) A person who— (a) is the parent, or a relative, of a child; (b) has parental responsibility for a child; (c) is a local authority foster parent in relation to a child; (d) is a foster parent with whom a child has been placed by a voluntary organisation; or (e) fosters a child privately, does not act as a child minder when looking after that child. (4) Where a person— (a) looks after a child for the parents (“P1”), or (b) in addition to that work, looks after another child for different parents (“P2”), and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding. (5) In subsection (4), “parent”, in relation to a child, includes— (a) a person who is not a parent of the child but who has parental responsibility for the child; (b) a person who is a relative of the child. (6) “Day care” means care provided at any time for children under the age of eight on premises other than domestic premises. (7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours. (8) In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded. (79B) (1) The registration authority in relation to England is Her Majesty’s Chief Inspector of Schools in England (referred to in this Part as the Chief Inspector) and references to the Chief Inspector’s area are references to England. (2) The registration authority in relation to Wales is the National Assembly for Wales (referred to in this Act as “the Assembly”). (3) A person is qualified for registration for child minding if— (a) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight; (b) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight; (c) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and (d) he is complying with regulations under section 79C and with any conditions imposed by the registration authority. (4) A person is qualified for registration for providing day care on particular premises if— (a) every person looking after children on the premises is suitable to look after children under the age of eight; (b) every person living or working on the premises is suitable to be in regular contact with children under the age of eight; (c) the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and (d) he is complying with regulations under section 79C and with any conditions imposed by the registration authority. (5) For the purposes of subsection (4)(b) a person is not treated as working on the premises in question if— (a) none of his work is done in the part of the premises in which children are looked after; or (b) he does not work on the premises at times when children are looked after there. (6) “Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle. (7) “Regulations” means— (a) in relation to England, regulations made by the Secretary of State; (b) in relation to Wales, regulations made by the Assembly. (8) “Tribunal” means the Tribunal established by section 9 of the Protection of Children Act 1999. (9) Schedule 9A (which supplements the provisions of this Part) shall have effect. (79C) (1) The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in England. (2) The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales. (3) The regulations under this section may deal with the following matters (among others)— (a) the welfare and development of the children concerned; (b) suitability to look after, or be in regular contact with, children under the age of eight; (c) qualifications and training; (d) the maximum number of children who may be looked after and the number of persons required to assist in looking after them; (e) the maintenance, safety and suitability of premises and equipment; (f) the keeping of records; (g) the provision of information. (4) In relation to activities on premises in England, the power to make regulations under this section may be exercised so as to confer powers or impose duties on the Chief Inspector in the exercise of his functions under this Part. (5) In particular they may be exercised so as to require or authorise the Chief Inspector, in exercising those functions, to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations. (6) If the regulations require any person (other than the registration authority) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account— (a) by the registration authority in the exercise of its functions under this Part, or (b) in any proceedings under this Part. (7) Regulations may provide— (a) that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and (b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (79D) (1) No person shall— (a) act as a child minder in England unless he is registered under this Part for child minding by the Chief Inspector; or (b) act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly. (2) Where it appears to the registration authority that a person has contravened subsection (1), the authority may serve a notice (“an enforcement notice”) on him. (3) An enforcement notice shall have effect for a period of one year beginning with the date on which it is served. (4) If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse (whether the contravention occurs in England or Wales), he shall be guilty of an offence. (5) No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises by the registration authority. (6) If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence. (7) 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. (79E) (1) A person who wishes to be registered under this Part shall make an application to the registration authority. (2) The application shall— (a) give prescribed information about prescribed matters; (b) give any other information which the registration authority reasonably requires the applicant to give. (3) Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them. (4) Where the registration authority has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the authority. (5) A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. (79F) (1) If, on an application by a person for registration for child minding— (a) the registration authority is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); and (b) the applicant pays the prescribed fee, the authority shall grant the application; otherwise, it shall refuse it. (2) If, on an application by any person for registration for providing day care on any premises— (a) the registration authority is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); and (b) the applicant pays the prescribed fee, the authority shall grant the application; otherwise, it shall refuse it. (3) An application may, as well as being granted subject to any conditions the authority thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the authority thinks fit to impose. (4) The registration authority may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition. (5) Any register kept by a registration authority of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times. (6) A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence. (7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (79G) (1) The registration authority may cancel the registration of any person if— (a) in the case of a person registered for child minding, the authority is of the opinion that the person has ceased or will cease to be qualified for registration for child minding; (b) in the case of a person registered for providing day care on any premises, the authority is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises, or if an annual fee which is due from the person has not been paid. (2) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person under section 79F(3), his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if— (a) the time set for complying with the requirements has not expired; and (b) it is shown that the defect or insufficiency is due to the changes or additions not having been made. (3) Any cancellation under this section must be in writing. (79H) (1) Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the registration authority in prescribed circumstances. (2) Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the Tribunal against suspension. (79J) (1) A person who is registered for acting as a child minder or providing day care may by notice in writing to the registration authority resign his registration. (2) But a person may not give a notice under subsection (1)— (a) if the registration authority has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the authority has decided not to take that step; or (b) if the registration authority has sent him a notice under section 79L(5) 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. (79K) (1) If, in the case of any person registered for acting as a child minder or providing day care— (a) the registration authority applies to a justice of the peace for an order— (i) cancelling the registration; (ii) varying or removing any condition to which the registration is subject; or (iii) imposing a new condition; and (b) it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm, the justice may make the order. (2) The cancellation, variation, removal or imposition shall have effect from the time when the order is made. (3) An application under subsection (1) may be made without notice. (4) An order under subsection (1) shall be made in writing. (5) Where an order is made under this section, the registration authority shall serve on the registered person, as soon as is reasonably practicable after the making of the order— (a) a copy of the order; (b) a copy of any written statement of the authority’s reasons for making the application for the order which supported that application; and (c) notice of any right of appeal conferred by section 79M. (6) Where an order has been so made, the registration authority shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order. (79L) (1) Not less than 14 days before— (a) refusing an application for registration; (b) cancelling a registration; (c) removing or varying any condition to which a registration is subject or imposing a new condition; or (d) refusing to grant an application for the removal or variation of any condition to which a registration is subject, the registration authority shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question. (2) Every such notice shall— (a) give the authority’s reasons for proposing to take the step; and (b) inform the person concerned of his rights under this section. (3) Where the recipient of such a notice informs the authority in writing of his desire to object to the step being taken, the authority shall afford him an opportunity to do so. (4) Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative. (5) If the authority, after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision. (6) A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination. (7) Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies the registration authority in writing that he does not intend to appeal. (79M) (1) An appeal against— (a) the taking of any step mentioned in section 79L(1); or (b) an order under section 79K, shall lie to the Tribunal. (2) On an appeal, the Tribunal may— (a) confirm the taking of the step or the making of the order or direct that it shall not have, or shall cease to have, effect; and (b) impose, vary or cancel any condition. (79N) (1) The Chief Inspector has the general duty of keeping the Secretary of State informed about the quality and standards of child minding and day care provided by registered persons in England. (2) When asked to do so by the Secretary of State, the Chief Inspector shall give advice or information to the Secretary of State about such matters relating to the provision of child minding or day care by registered persons in England as may be specified in the Secretary of State’s request. (3) The Chief Inspector may at any time give advice to the Secretary of State, either generally or in relation to provision by particular persons or on particular premises, on any matter connected with the provision of child minding or day care by registered persons in England. (4) The Chief Inspector may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so. (5) Regulations may confer further functions on the Chief Inspector relating to child minding and day care provided in England. (6) The annual reports of the Chief Inspector required by subsection (7)(a) of section 2 of the School Inspections Act 1996 to be made to the Secretary of State shall include an account of the exercise of the Chief Inspector’s functions under this Part, and the power conferred by subsection (7)(b) of that section to make other reports to the Secretary of State includes a power to make reports with respect to matters which fall within the scope of his functions by virtue of this Part. (79P) (1) The Chief Inspector shall establish and maintain a register of early years child care inspectors for England. (2) The register may be combined with the register maintained for England under paragraph 8(1) of Schedule 26 to the School Standards and Framework Act 1998 (register of nursery education inspectors). (3) Paragraphs 8(2) to (9), 9(1) to (4), 10 and 11 of that Schedule shall apply in relation to the register of early years child care inspectors as they apply in relation to the register maintained for England under paragraph 8(1) of that Schedule, but with the modifications set out in subsection (4). (4) In the provisions concerned— (a) references to registered nursery education inspectors shall be read as references to registered early years child care inspectors; (b) references to inspections under paragraph 6 of that Schedule shall be read as references to inspections under section 79Q (and references to the functions of a registered nursery education inspector under paragraph 6 shall be interpreted accordingly); (c) references to the registration of a person under paragraph 6 of that Schedule shall be read as references to the registration of a person under subsection (1) (and references to applications made under paragraph 6 shall be interpreted accordingly); and (d) in paragraph 10(2), for the words from “to a tribunal” to the end there shall be substituted “to the Tribunal established under section 9 of the Protection of Children Act 1999.” (5) Registered early years child care inspectors are referred to below in this Part as registered inspectors. (79Q) (1) The Chief Inspector may at any time require any registered person to provide him with any information connected with the person’s activities as a child minder, or provision of day care, which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part. (2) The Chief Inspector shall secure that any child minding provided in England by a registered person is inspected by a registered inspector at prescribed intervals. (3) The Chief Inspector shall secure that any day care provided by a registered person on any premises in England is inspected by a registered inspector at prescribed intervals. (4) The Chief Inspector may comply with subsection (2) or (3) either by organising inspections or by making arrangements with others for them to organise inspections. (5) In prescribing the intervals mentioned in subsection (2) or (3) the Secretary of State may make provision as to the period within which the first inspection of child minding or day care provided by any person or at any premises is to take place. (6) A person conducting an inspection under this section shall report on the quality and standards of the child minding or day care provided. (7) The Chief Inspector may arrange for an inspection conducted by a registered inspector under this section to be monitored by another registered inspector. (79R) (1) A person who has conducted an inspection under section 79Q shall report in writing on the matters inspected to the Chief Inspector within the prescribed period. (2) The period mentioned in subsection (1) may, if the Chief Inspector considers it necessary, be extended by up to three months. (3) Once the report of an inspection has been made to the Chief Inspector under subsection (1) he— (a) may send a copy of it to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy; (b) shall send a copy of it, or of such parts of it as he considers appropriate, to any prescribed authorities or persons; and (c) may arrange for the report (or parts of it) to be further published in any manner he considers appropriate. (4) Subsections (2) to (4) of section 42A of the School Inspections Act 1996 shall apply in relation to the publication of any report under subsection (3) as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of section 42A. (79S) (1) The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so. (2) In relation to child minding and day care provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; but the regulations may only specify a function corresponding to a function which, by virtue of section 79N(5), is exercisable by the Chief Inspector in relation to child minding and day care provided in England. (79T) (1) The Assembly may at any time require any registered person to provide it with any information connected with the person’s activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part. (2) The Assembly may by regulations make provision— (a) for the inspection of the quality and standards of child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales; (b) for the publication of reports of the inspections in such manner as the Assembly considers appropriate. (3) The regulations may provide for the inspections to be organised by— (a) the Assembly; or (b) Her Majesty’s Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Assembly. (4) The regulations may provide for subsections (2) to (4) of section 42A of the School Inspections Act 1996 to apply with modifications in relation to the publication of reports under the regulations. (79U) (1) An authorised inspector may at any reasonable time enter any premises in England or Wales on which child minding or day care is at any time provided. (2) Where an authorised inspector has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time. (3) An inspector entering premises under this section may— (a) inspect the premises; (b) inspect, and take copies of— (i) any records kept by the person providing the child minding or day care; and (ii) any other documents containing information relating to its provision; (c) 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; (d) 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 this section; (e) take measurements and photographs or make recordings; (f) inspect any children being looked after there, and the arrangements made for their welfare; (g) interview in private the person providing the child minding or day care; and (h) interview in private any person looking after children, or living or working, there who consents to be interviewed. (4) Section 42 of the School Inspections Act 1996 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act. (5) The registration authority may, in any case where it appears to the authority appropriate to do so, authorise a person who is not an authorised inspector to exercise any of the powers conferred by this section. (6) A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so. (7) It shall be an offence wilfully to obstruct a person exercising any such power. (8) Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (9) In this section— - “authorised inspector” means a registered inspector or a person authorised by the Assembly or by any person with whom the Assembly has made arrangements under section 79T(3); - “documents” and “records” each include information recorded in any form. (79V) Each local authority shall, in accordance with regulations, secure the provision— (a) of information and advice about child minding and day care; and (b) of training for persons who provide or assist in providing child minding or day care. (79W) (1) This section applies to any person not required to register under this Part who looks after, or provides care for, children and meets the following conditions. References in this section to children are to those under the age of 15 or (in the case of disabled children) 17. (2) The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours. (3) The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight. (4) Regulations may require a person to whom this section applies to hold a certificate issued by the registration authority as to his suitability, and the suitability of each prescribed person, to look after children. (5) The regulations may make provision about— (a) applications for certificates; (b) the matters to be taken into account by the registration authority in determining whether to issue certificates; (c) the information to be contained in certificates; (d) the period of their validity. (6) The regulations may provide that a person to whom this section applies shall be guilty of an offence— (a) if he does not hold a certificate as required by the regulations; or (b) if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person. (7) The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence. (8) The regulations may provide that a person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (79X) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months 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 section more than three years after the commission of the offence.

• (2) Schedule 3 (which inserts a new Schedule 9A in the 1989 Act) shall have effect.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In subsection (3)—

• “eligible employee” means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this section;

• “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;

• “old employer” means a local authority.

• (5) Part X of, and Schedule 9 to, the 1989 Act shall cease to extend to England and Wales.

Part VII — Protection of children and vulnerable adults

Protection of vulnerable adults

Basic definitions

80

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Duty of Secretary of State to keep list

81

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Persons who provide care for vulnerable adults: duty to refer

82

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Employment agencies and businesses: duty to refer

83

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Power of registration authority to refer

84

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Individuals named in the findings of certain inquiries

85

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Appeals against inclusion in list

86

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Applications for removal from list

87

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Conditions for application under section 87

88

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Effect of inclusion in list

89

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Searches of list under Part V of Police Act 1997

90

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Access to list before commencement of section 90

91

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Persons referred for inclusion in list under Protection of Children Act 1999

92

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Power to extend Part VII

93

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The list kept under section 1 of the 1999 Act

Employment agencies and businesses

94

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Inclusion in 1999 Act list on reference by certain authorities

95

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Inclusion in 1999 Act list of individuals named in findings of certain inquiries

96

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Inclusion in 1999 Act list on reference under this Part

97

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Individuals providing care funded by direct payments

98

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Transfer from Consultancy Service Index of individuals named in past inquiries

99

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Restrictions on working with children in independent schools

Additional ground of complaint

100

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Effect of inclusion in 1996 Act list

101

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Searches of 1996 Act list

102

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General

Temporary provision for access to lists

103

• (1) Any person seeking to ascertain whether a relevant individual is included in—

• (a) the list kept under section 1 of the 1999 Act;

• (b) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; or

• (c) any list kept by the Secretary of State or the Assembly of persons disqualified under section 470 or 471 of the Education Act 1996,

shall be entitled to that information on making, before the relevant commencement, an application for the purpose to the Secretary of State.

• (2) In this section “relevant individual” means—

• (a) 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;

• (b) 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.

• (3) The relevant commencement is—

• (a) for applications relating to the list mentioned in subsection (1)(a) or (b), the commencement of section 8 of the 1999 Act; and

• (b) for applications relating to the list mentioned in subsection (1)(c), the commencement of section 102.

• (4) Paragraphs (b) and (c) of subsection (1) are without prejudice to any right conferred otherwise than by virtue of those provisions.

Suitability to adopt a child: searches of lists

104

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Part VIII — Miscellaneous

Boarding schools and colleges

Welfare of children in boarding schools and colleges

105

• (1) Section 87 of the 1989 Act (welfare of children accommodated in independent schools) shall be amended in accordance with subsections (2) to (4).

• (2) For subsections (1) to (5) there shall be substituted—

(1) Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare. (2) Subsection (1) does not apply in relation to a school or college which is a children’s home or care home. (3) Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college. (4) Where the Commission are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college, they shall— (a) in the case of a school other than an independent school or a special school, notify the local education authority for the area in which the school is situated; (b) in the case of a special school which is maintained by a local education authority, notify that authority; (c) in any other case, notify the Secretary of State. (4A) Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college, they shall— (a) in the case of a school other than an independent school or a special school, notify the local education authority for the area in which the school is situated; (b) in the case of a special school which is maintained by a local education authority, notify that authority. (5) Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge its duty under this section, enter at any time premises which are, or are to be, premises of the school or college.

• (3) In subsection (6), for “entering an independent school in exercise of” there shall be substituted “ exercising ”.

• (4) For subsection (10) there shall be substituted—

(10) In this section and sections 87A to 87D— - “the 1992 Act” means the Further and Higher Education Act 1992; - “appropriate authority” means— 1. in relation to England, the National Care Standards Commission; 2. in relation to Wales, the National Assembly for Wales; - “college” means an institution within the further education sector as defined in section 91 of the 1992 Act; - “the Commission” means the National Care Standards Commission; - “further education corporation” has the same meaning as in the 1992 Act; - “local education authority” and “proprietor” have the same meanings as in the Education Act 1996 (11) In this section and sections 87A and 87D “relevant person” means— (a) in relation to an independent school, the proprietor of the school; (b) in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution; (c) in relation to an institution conducted by a further education corporation, the corporation. (12) Where a person other than the proprietor of an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.

• (5) 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—

(10) This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992, or a school.

Suspension of duty under section 87(3) of the 1989 Act

106

• (1) For section 87A of the 1989 Act (suspension of duty under section 87(3)) there shall be substituted—

(87A) (1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if— (a) that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and (b) the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while they are accommodated by them. (2) Where— (a) the relevant person enters into an agreement in writing with a person appointed under subsection (1), (b) the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and (c) the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect, the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended. (3) Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive— (a) a notice under subsection (4) relating to the inspector, or (b) a notice under subsection (5) relating to the relevant agreement. (4) The Secretary of State shall terminate a person’s appointment under subsection (1) if— (a) that person so requests, or (b) the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection, and shall give notice of the termination of that person’s appointment to the appropriate authority. (5) Where— (a) the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and (b) the relevant agreement ceases to have effect, the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect. (6) In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.

• (2) In section 87B of that Act (duties of inspectors under section 87A)—

• (a) in subsections (2) and (3), after “school”, in each place where it occurs, there shall be inserted “ or college ”;

• (b) in subsection (2), for “to the Secretary of State” there shall be substituted—

(a) in the case of a school other than an independent school or a special school, to the local education authority for the area in which the school is situated; (b) in the case of a special school which is maintained by a local education authority, to that authority; (c) in any other case, to the Secretary of State

;

and

• (c) for subsection (4) there shall be substituted the following subsection—

(4) In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.

Boarding schools: national minimum standards

107

After section 87B of the 1989 Act there shall be inserted—

(87C) (1) The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided in a school or college. (2) The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so. (3) Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate. (4) The standards shall be taken into account— (a) in the making by the appropriate authority of any determination under section 87(4) or (4A); (b) in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and (c) in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).

Annual fee for boarding school inspections

108

After section 87C of the 1989 Act (inserted by section 107) there shall be inserted—

(87D) (1) Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3). (2) The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify. (3) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Inspection of schools etc. by persons authorised by Secretary of State

109

• (1) Section 80 of the 1989 Act (inspection of children’s homes etc. by persons authorised by Secretary of State) shall be amended as follows.

• (2) In subsection (1), in paragraph (l), for “independent school” there shall be substituted “ school or college ”.

• (3) In subsection (5)—

• (a) in paragraph (d), at the end there shall be inserted “ or governing body of any other school ”;

• (b) after that paragraph there shall be inserted—

(da) governing body of an institution designated under section 28 of the Further and Higher Education Act 1992; (db) further education corporation;

and

• (c) after paragraph (i) there shall be inserted—

(j) person carrying on a fostering agency.

• (4) After subsection (12) there shall be inserted—

(13) In this section— - “college” means an institution within the further education sector as defined in section 91 of the Further and Higher Education Act 1992; - “fostering agency” has the same meaning as in the Care Standards Act 2000; - “further education corporation” has the same meaning as in the Further and Higher Education Act 1992.

Fostering

Extension of Part IX to school children during holidays

110

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.

Employment agencies

Nurses Agencies

111

• (1) The Nurses Agencies Act 1957 shall cease to have effect.

• (2) In section 13 of the Employment Agencies Act 1973 (interpretation), for subsection (8) there shall be substituted—

(8) This Act, in its application to Scotland, does not apply to— (a) any agency for the supply of nurses as defined in section 32 of the Nurses (Scotland) Act 1951 (but excluding any other business carried on in conjunction with such an agency); (b) the business carried on by any county or district nursing association or other similar organisation, being an association or organisation within paragraph (a) or (b) of that definition.

,

Charges for local authority welfare services

Charges for local authority welfare services

112

In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee), there shall be inserted at the appropriate place—

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

.

Part IX — General and supplemental

Chapter I — General

Default powers of appropriate Minister

113

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Schemes for the transfer of staff

114

• (1) This section and the next apply to a scheme made under section 38... or 79(3) for transferring eligible employees.

• (2) Subject to those provisions, such a scheme may apply to all, or any description of, employees or to any individual employee.

• (3) 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.

Effect of schemes

115

• (1) The contract of employment of an employee transferred under the scheme—

• (a) is not terminated by the transfer; and

• (b) has effect from the date of transfer as if originally made between the employee and the transferee.

• (2) Where an employee is transferred under the scheme—

• (a) 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

• (b) 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.

• (3) 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.

• (4) 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.

• (5) 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.

• (6) In this section—

• “date of transfer” means the date of transfer determined under the scheme in relation to the employee;

• “transferee” means the new employer to whom the employee is or would be transferred under the scheme;

and expressions used in this section and in the provision under which the scheme is made have the same meaning as in that provision.

Minor and consequential amendments

116

Schedule 4 (which makes minor amendments and amendments consequential on the provisions of this Act) shall have effect.

Transitional provisions, savings and repeals

117

• (1) 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).

• (2) The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in that Schedule.

Chapter II — Supplemental

Orders and regulations

118

• (1) 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.

• (2) 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.

• (3) Subject to subsection (2), 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.

• (4) 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...

• (5) 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.

• (6) The power may be exercised so as to make, as respects the cases in relation to which it is exercised—

• (a) 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;

• (b) any such provision either unconditionally or subject to any specified condition.

• (7) The power may be exercised so as to make—

• (a) any supplementary, incidental or consequential provision,

• (b) any transitory, transitional or saving provision,

which the person exercising the power considers necessary or expedient.

• (8) The provision which, by virtue of subsection (7), may be made by regulations or an orderunder the Part of this Act which relates to the Children’s Commissioner for Wales includes provision amending or repealing any enactment or instrument.

Supplementary and consequential provision etc

119

• (1) The appropriate Minister may by order make—

• (a) any supplementary, incidental or consequential provision,

• (b) any transitory, transitional or saving provision,