Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2016

Made: 8th March 2016

Laid before Parliament: 10th March 2016

Coming into force: 1st April 2016

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 87D(2) and 104(4)(a) of the Children Act 1989[^f00001], sections 12(2), 15(3), 16(3) and 118(5), (6) and (7) of the Care Standards Act 2000[^f00002] and sections 155(1) and (2) and 181(2)(a) and (b) of the Education and Inspections Act 2006[^f00003].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2016 and come into force on 1st April 2016.

• (2) In these Regulations, “the principal Regulations” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015[^f00004].

Substitution of fees payable under the principal Regulations

2

• (1) In each provision of the principal Regulations specified in column 1 of the table, for the amount specified in column 2 substitute the amount specified in column 3.

• (2) “The table” means the table in the Schedule to these Regulations.

Revocations

3

The following provisions of the principal Regulations are revoked—

• (a) regulation 10 (registration fees payable by providers of social work services);

• (b) regulation 17 (variation fees payable by providers of social work services).

SCHEDULE — SUBSTITUTION OF FEES PAYABLE UNDER THE PRINCIPAL REGULATIONS

Signed

Signed by authority of the Secretary of State for Education

Edward Timpson — Minister of State — Department for Education — 8th March 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations apply to England only.

Regulation 2 and the Schedule increase certain fees payable under Parts 2, 3 and 4 of the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections)(Children’s Homes etc.) Regulations 2015 (S.I.2015/551) (“the principal Regulations”).

In particular, they increase the fees that are payable to the Chief Inspector in respect of—

• registration of voluntary adoption agencies, adoption support agencies, children’s homes, residential family centres and fostering agencies;

• variation of registration of those establishments and agencies.

They also increase the annual fees payable by the above establishments and agencies as well as those payable by boarding schools, residential colleges, residential special schools and in respect of local authority adoption and fostering functions.

Regulation 3 revokes regulations 10 and 17 of the principal Regulations.

An Impact Assessment has not been produced for this instrument as it has minimal impact on business or civil society organisations.

Footnotes

[^f00001]: 1989 c.41. Section 87D was inserted by section 108 of the Care Standards Act 2000 (c.14). See section 87(10) for the definition of “appropriate authority” and section 87(11) and (12) for the definition of “relevant person”.

[^f00002]: Section 12(2) was amended by section 105(3) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (“the 2003 Act”) and by paragraph 11 of Schedule 5 to the Health and Social Care Act 2008 (c.14) (“the 2008 Act”). Section 15(3) was amended by paragraph 14(b) of Schedule 5 to the 2008 Act. Section 16(3) was substituted by section 105(6) of the 2003 Act and amended by paragraph 15 of Schedule 5 to the 2008 Act. Sections 12(2), 15(3) and 16(3) were applied to a person who carries on or manages a holiday scheme for disabled children by regulation 2(1), (2)(b), (d), (e) and (j) of the Care Standards 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), with the modifications specified in paragraphs 2 and 6 of the Schedule to those Regulations. See section 121 for the meanings of “prescribed and “regulations”.

[^f00003]: 2006 c.40. See sections 147(3) and 155(12) for the definition of “relevant functions” in relation to a local authority. Section 181(2) was amended by section 23(3)(b) of the Learner Travel (Wales) Measure 2008 (no.2).

[^f00004]: S.I. 2015/551.