Legalize / United Kingdom / Public General Act

Care Standards Act 2000

Type Public General Act

Publication 2000-07-20

Last updated 2023-10-28

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Introductory

Preliminary

Applications by registered persons.

1

(1) Subsections (2) to (6) have effect for the purposes of this Act as it applies in relation to England.

(2) An establishment in England is a children’s home (subject to the following provisions of this section) if it provides care and accommodation wholly or mainly for children.

(3) An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) An establishment ... is not a children's home if it is—

(a) a hospital (within the meaning of the National Health Service Act 2006); or

(b) a residential family centre,

or if it is of a description excepted by regulations.

(5) Subject to subsection (6), an establishment is not a children’s home if it is a school.

(6) A school is a children’s home at any time if at that time accommodation is provided for children at the school and either—

(a) in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or

(b) it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;

and in this subsection “year” means a period of twelve months.

(7) For the purposes of this section a person is a foster parent in relation to a child if—

(a) he is a local authority foster parent in relation to the child;

(b) he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or

Commencement.

2

(1) Subsections (2) to (6) apply for the purposes of this Act as it applies in relation to Wales.

(2) A hospital which is not a health service hospital is an independent hospital.

(3) “Hospital” (except in the expression health service hospital) means—

(a) an establishment—

(i) the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or

(ii) in which (whether or not other services are also provided) any of the listed services are provided;

(b) any other establishment in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983.

(4) “Independent clinic” means an establishment of a prescribed kind (not being a hospital) in which services are provided by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere).

(5) “Independent medical agency” means an undertaking (not being an independent clinic or an independent hospital) which consists of or includes the provision of services by medical practitioners.

(6) References to a person liable to be detained under the Mental Health Act 1983 do not include a person absent in pursuance of leave granted under section 17 of that Act.

(7) In this section “listed services” means—

(a) medical treatment under anaesthesia or sedation;

(b) dental treatment under general anaesthesia;

(d) termination of pregnancies;

(e) cosmetic surgery other than—

(i) ear and body piercing;

(ii) tattooing;

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; and

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current;

(f) treatment using prescribed techniques or prescribed technology.

(8) Regulations may—

(a) except any description of establishment from the definitions in subsections (2) to (4);

(b) except any description of undertaking from the definition in subsection (5);

Care homes

3

(1) For the purposes of this Act, an establishment in England is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.

(2) They are—

(a) persons who are or have been ill;

(b) persons who have or have had a mental disorder;

(d) persons who are or have been dependent on alcohol or drugs.

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

(4) And an establishment ... is not a care home if it is—

(a) a hospital (within the meaning of the National Health Service Act 2006); or

(b) a children's home,

or if it is of a description excepted by regulations.

Other basic definitions

4

(1) This section has effect for the purposes of this Act.

(2) “Residential family centre” means, subject to subsection (6), any establishment in England at which—

(a) accommodation is provided for children and their parents;

(b) the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed; and

In this subsection “parent”, in relation to a child, includes any person who is looking after him.

(3) “Domiciliary care agency” means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(4) “Fostering agency” means, subject to subsection (6)—

(a) an undertaking which consists of or includes discharging functions of local authorities in England in connection with the placing of children with foster parents; or

(b) a voluntary organisation in England which places children with foster parents under section 59(1) of the 1989 Act.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The definitions in subsections (2) to (5) do not include any description of establishment, undertaking or organisation excepted from those definitions by regulations.

(7) “Voluntary adoption agency” means an adoption society within the meaning of the the Adoption and Children Act 2002 which is a voluntary organisation within the meaning of that Act whose principal office is in England.

(7A) “Adoption support agency” means an undertaking in England which is an adoption support agency within the meaning given by section 8 of the Adoption and Children Act 2002.

(8) Below in this Act—

(a) any reference to a description of establishment is a reference to—

(i) a children's home in England,

(ii) a children's home in England providing accommodation for the purpose of restricting liberty,

(iii) an independent hospital in Wales,

(iv) an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,

(v) an independent clinic in Wales,

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) a residential family centre in England;

(b) a reference to any establishment is a reference to an establishment of any of those descriptions.

(9) Below in this Act—

(a) any reference to a description of agency is a reference to—

(i) an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,

(v) a voluntary adoption agency, or

(vi) an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;

(b) a reference to any agency is a reference to an agency or branch of any of those descriptions.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration authorities

5

For the purposes of this Act—

(a) the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);

(b) the registration authority in the case of establishments and agencies mentioned in subsection (1B) is the National Assembly for Wales (referred to in this Act as “the Assembly”).

(1A) The establishments and agencies mentioned in subsection (1)(a) are—

(a) children's homes in England,

(b) residential family centres in England,

(c) fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,

(d) voluntary adoption agencies whose principal office is in England, and

(e) adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England. ...

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) The establishments mentioned in subsection (1)(b) are—

(a) independent hospitals in Wales;

(b) independent clinics in Wales;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Care Standards Commission

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General duties of the Commission

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions of the Assembly

8

(1) The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.

(2) The Assembly shall make information about Part II services provided in Wales available to the public.

(3) The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.

(3A) But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).

(4) The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.

(5) The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.

(6) The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

(a) its functions exercisable by virtue of section 5(1)(b) and subsections (1) to (3) of this section; and

(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the Care Quality Commission—

(i) under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

(ii) under the Mental Health Act 1983 in relation to England.

(7) In this section, “Part II services” means services of the kind provided by persons registered under Part II . . .

Co-operative working

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inquiries

10

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.

(3) Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.

(4) Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(5) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.

Part II — Establishments and agencies

Registration

Requirement to register

11

(1) Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The references in subsection (1) to an agency do not include a reference to a voluntary adoption agency.

(4) The Secretary of State may by regulations make provision about the keeping of registers by . . . the CIECSS for the purposes of this Part.

(5) A person guilty of an offence under this section shall be liable on summary conviction—

(a) if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;

(b) if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(6) This subsection applies if—

(a) the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or

(b) the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.

Applications for registration

12

(1) A person seeking to be registered under this Part shall make an application to the registration authority.

(2) The application—

(a) must give the prescribed information about prescribed matters;

(b) must give any other information which the registration authority reasonably requires the applicant to give,

and must be accompanied by a fee of the prescribed amount.

(3) A person who applies for registration as the manager of an establishment or agency must be an individual.

(4) A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency must make a separate application in respect of each of them.

Grant or refusal of registration

13

(1) Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.

(2) If the registration authority is satisfied that—

(a) the requirements of regulations under section 22; and

(b) the requirements of any other enactment which appears to the registration authority to be relevant,

are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.

(3) The application may be granted either unconditionally or subject to such conditions as the registration authority thinks fit.

(4) On granting the application, the registration authority shall issue a certificate of registration to the applicant.

(5) The registration authority may at any time—

(a) vary or remove any condition for the time being in force in relation to a person’s registration; or

(b) impose an additional condition.

Cancellation of registration

14

(1) The registration authority may at any time cancel the registration of a person in respect of an establishment or agency—

(a) on the ground that that person has been convicted of a relevant offence;

(b) on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;

(c) on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

(ca) on the ground that—

(i) a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and

(ii) the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;

(d) on any ground specified by regulations.

(2) For the purposes of this section the following are relevant offences—

(a) an offence under this Part or regulations made under it;

(b) an offence under the Registered Homes Act 1984 or regulations made under it;

(d) an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999;

(e) an offence under the Adoption and Children Act 2002 or regulations made under it;

(f) an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part;

(g) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

(3) In this section “relevant requirements” means—

(a) any requirements or conditions imposed by or under this Part; and

(b) the requirements of any other enactment which appear to the registration authority to be relevant.

Applications by registered persons

15

(1) A person registered under this Part may apply to the registration authority—

(a) for the variation or removal of any condition for the time being in force in relation to the registration; or

(b) for the cancellation of the registration ; or

(2) But a person may not make an application under subsection (1)(b)—

(a) if the registration authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the registration authority has decided not to take that step; or

(b) if the registration authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

(3) An application under subsection (1) shall be made in such manner and state such particulars as may be prescribed and, if made under paragraph (a) or (c) of that subsection, shall be accompanied by a fee of the prescribed amount.

(4) If the registration authority decides to grant an application under subsection (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.

(4A) If the registration authority decides to grant an application under subsection (1)(c), it must serve notice in writing of its decision on the applicant (stating, where applicable, the period as varied).

(5) If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.

Regulations about registration

16

(1) Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about—

(a) the making of applications for registration;

(b) the contents of certificates of registration.

(2) Regulations may provide that no application for registration under this Part may be made in respect of a fostering agency ... which is an unincorporated body.

(3) Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee of the prescribed amount.

(4) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Registration procedure

Notice of proposals

17

(1) Subsections (2) and (3) apply where a person applies for registration in respect of an establishment or agency.

(2) If the registration authority proposes to grant the application subject to any conditions which have not been agreed in writing between it and the applicant, it shall give the applicant written notice of its proposal and of the conditions subject to which it proposes to grant his application.

(3) The registration authority shall give the applicant notice of a proposal to refuse the application.

(4) Except where it makes an application under section 20 or 20A or gives notice under section 20B, the registration authority shall give any person registered in respect of an establishment or agency notice of a proposal—

(a) to cancel the registration (otherwise than in accordance with an application under section 15(1)(b));

(aa) to suspend the registration or extend a period of suspension;

(b) to vary or remove (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or

(5) The registration authority shall give the applicant notice of a proposal to refuse an application under section 15(1)(a) or (c).

(6) A notice under this section shall give the registration authority’s reasons for its proposal.

Right to make representations

18

(1) A notice under section 17 shall state that within 28 days of service of the notice any person on whom it is served may make written representations to the registration authority concerning any matter which that person wishes to dispute.

(2) Where a notice has been served under section 17, the registration authority shall not determine any matter to which the notice relates until either—

(a) any person on whom the notice was served has made written representations to it concerning the matter;

(b) any such person has notified the registration authority in writing that he does not intend to make representations; or

Notice of decisions

19

(1) If the registration authority decides to grant an application for registration in respect of an establishment or agency unconditionally, or subject only to conditions which have been agreed in writing between it and the applicant, it shall give the applicant written notice of its decision.

(2) A notice under subsection (1) shall state the agreed conditions.

(3) If the registration authority decides to adopt a proposal under section 17, it shall serve notice in writing of its decision on any person on whom it was required to serve notice of the proposal.

(4) A notice under subsection (3) shall—

(a) explain the right of appeal conferred by section 21;

(b) in the case of a decision to adopt a proposal under section 17(2), state the conditions subject to which the application is granted; . . .

(ba) in the case of a decision to adopt a proposal under section 17(4)(aa), state the period (or extended period) of suspension; and

(c) in the case of a decision to adopt a proposal under section 17(4)(b) or (c), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

(5) Subject to subsection (6), a decision of the registration authority to adopt a proposal under section 17(2) or (4) shall not take effect—

(a) if no appeal is brought, until the expiration of the period of 28 days referred to in section 21(2); and

(b) if an appeal is brought, until it is determined or abandoned.

(6) Where, in the case of a decision to adopt a proposal under section 17(2), the applicant notifies the registration authority in writing before the expiration of the period mentioned in subsection (5)(a) that he does not intend to appeal, the decision shall take effect when the notice is served.

Urgent procedure for cancellation etc

20

(1) If in respect of an establishment or agency for which the CIECSS is the registration authority

(a) the CIECSS applies to a justice of the peace for an order—

(i) cancelling the registration of a person in respect of the establishment or agency;

(ii) varying or removing any condition for the time being in force by virtue of this Part; or

(iii) imposing an additional condition; and

(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being,

the justice may make the order, and the cancellation, variation, removal or imposition shall have effect from the time when the order is made.

(2) An application under subsection (1) may, if the justice thinks fit, be made without notice.

(3) As soon as practicable after the making of an application under this section, the CIECSS shall notify the appropriate authorities of the making of the application.

(4) An order under subsection (1) shall be in writing.

(5) Where such an order is made, the CIECSS shall, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a) a copy of the order; and

(b) notice of the right of appeal conferred by section 21.

(6) For the purposes of this section the appropriate authorities are—

(a) the local authority in whose area the establishment or agency is situated; and

(b) any other statutory authority whom the CIECSS thinks it appropriate to notify.

(7) In this section “statutory authority” means a body established by or under an Act of Parliament.

Appeals to the Tribunal

21

(1) An appeal against—

(a) a decision of the registration authority under this Part; . . .

(b) an order made by a justice of the peace under section 20 or 20A; or

shall lie to the Tribunal.

(2) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

(2A) No appeal against a notice under section 22B(1) may be brought by a person more than 28 days after the notice was served on him.

(3) On an appeal against a decision of the registration authority , other than a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall not have effect.

(4) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

(4ZA) On an appeal against a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall cease to have effect.

(4A) On an appeal against a notice served under section 22B(1) the Tribunal may confirm the notice or direct that it shall cease to have effect.

(4B) If the Tribunal directs that a notice (“the first notice”) under section 22B(1) shall cease to have effect it must direct that any other notice under that section which is connected to the first notice shall also cease to have effect.

(4C) For the purposes of subsection (4B), notices are connected if they impose the requirement mentioned in section 22B(2) in relation to the same establishment.

(5) The Tribunal shall also have power on an appeal . . . —

(a) to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates;

(b) to direct that any such condition shall cease to have effect; . . .

(d) to vary the period of any suspension.

(6) Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).

Regulations and standards

Regulation of establishments and agencies

22

(1) Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and —

(a) regulations made by the Secretary of State may in particular make any provision such as is mentioned in subsection (1A), (2), (7) or (8), and

(b) regulations made by the Welsh Ministers—

(i) may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and

(ii) may in particular make any provision such as is mentioned in subsection (2) or (7) in so far as relevant to those establishments and agencies.

(1A) Regulations made by the Secretary of State may prescribe objectives and standards which must be met in relation to an establishment or agency for which the CIECSS is the registration authority.

(2) Regulations may—

(a) make provision as to the persons who are fit to carry on or manage an establishment or agency;

(b) make provision as to the persons who are fit to work at an establishment or for the purposes of an agency;

(d) make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency;

(e) make provision for securing the welfare of children placed, under section 22C of the 1989 Act ..., by a fostering agency;

(f) make provision as to the management and control of the operations of an establishment or agency;

(g) make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency;

(h) make provision as to the management and training of such persons;

(i) impose requirements as to the financial position of an establishment or agency;

(j) make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Regulations under paragraph (d) of subsection (2) may, in particular, make provision—

(a) as to the promotion and protection of the health of persons such as are mentioned in that paragraph;

(b) as to the control and restraint of adults accommodated in, or provided with services by, an establishment;

(c) as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.

(6) Regulations under paragraph (e) of subsection (2) may, in particular, make provision—

(a) as to the promotion and protection of the health of children such as are mentioned in that paragraph;

(b) as to the control, restraint and discipline of such children.

(7) Regulations may make provision as to the conduct of establishments and agencies, and such regulations may in particular—

(a) make provision as to the facilities and services to be provided in establishments and by agencies;

(b) make provision as to the keeping of accounts;

(d) make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies;

(e) make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice;

(f) provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it;

(g) make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on;

(h) make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers;

(i) make provision requiring the payment , in respect of any notification required to be made by virtue of paragraph (h), of a fee of the prescribed amount;

(j) make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements;

(k) make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards;

(l) make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Regulations may make provision—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) imposing other requirements (in addition to those imposed by section 25 of the 1989 Act ... (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose of restricting liberty, including a requirement to obtain the permission of any local authority who are looking after the child;

(9) Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.

(10) References in this section to agencies do not include references to voluntary adoption agencies or adoption support agencies.

(11) In subsection (7)(k), “listed services” has the same meaning as in section 2.

National minimum standards

23

(1) The appropriate Minister may prepare and publish statements of national minimum standards applicable to establishments or agencies.

(1ZA) But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.

(1A) The standards applicable to an establishment or agency for which the CIECSS is the registration authority may, in particular, explain or supplement requirements imposed in relation to that establishment or agency by regulations under section 22.

(2) The appropriate Minister shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.

(3) Before issuing a statement, or an amended statement which in the opinion of the appropriate Minister effects a substantial change in the standards, the appropriate Minister shall consult any persons he considers appropriate.

(4) The standards shall be taken into account—

(a) in the making of any decision by the registration authority under this Part;

(b) in any proceedings for the making of an order under section 20;

(ba) by the registration authority in considering whether to serve a notice under section 22B;

(d) in any proceedings for an offence under regulations under this Part or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or against a voluntary adoption agency or adoption support agency for an offence under section 9 of the Adoption and Children Act 2002.

Offences

Failure to comply with conditions

24

If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Contravention of regulations

25

(1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

False descriptions of establishments and agencies

26

(1) A person who, with intent to deceive any person—

(a) applies any name to premises in England or Wales; or

(b) in any way describes such premises or holds such premises out,

so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.

(1A) If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.

(2) References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.

(3) No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.

(4) A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

False statements in applications

27

(1) Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Failure to display certificate of registration

28

(1) A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.

(2) If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Proceedings for offences

29

(1) Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.

(2) Proceedings for an offence under this Part or regulations made under it may be brought within the permitted period from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.

(3) “The permitted period” means—

(a) in the case of proceedings brought by the Welsh Ministers, a period of 12 months;

(b) in any other case, a period of 6 months.

Offences by bodies corporate

30

(1) This section applies where any offence under this Part or regulations made under it is committed by a body corporate.

(2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, or secretary of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

(a) to any other similar officer of the body; and

(b) where the body is a local authority, to any officer or member of the authority.

Miscellaneous and supplemental

Inspections by persons authorised by registration authority

31

(1) The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.

(1A) The power under subsection (1) to require the provision of information includes—

(a) power to require the provision of copies of any documents or records (including medical and other personal records); and

(b) in relation to records kept by means of a computer, power to require the provision of the records in legible form.

(2) A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.

(3) A person authorised by virtue of this section to enter and inspect premises may—

(a) make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;

(b) inspect and take copies of any documents or records (including medical and other personal records) required to be kept in accordance with regulations under this Part, section 9 of the Adoption and Children Act 2002, section 22C or 59(2) of the 1989 Act, section 1(3) of the Adoption (Intercountry Aspects) Act 1999 or section 81 of the Social Services and Well-being (Wales) Act 2014;

(d) interview in private any person working there;

(e) interview in private any patient or person accommodated or cared for there who consents to be interviewed.

(4) The powers under subsection (3)(b) include—

(a) power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and

(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(5) Subsection (6) applies where the premises in question are used as an establishment and the person so authorised—

(a) is a medical practitioner or registered nurse; and

(b) has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.

(6) The person so authorised may, with the consent of the person mentioned in subsection (5)(b), examine him in private ....

(7) The Secretary of State may by regulations require the CIECSS to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.

(8) A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.

(9) Any person who—

(a) intentionally obstructs the exercise of any power conferred by this section or section 32; or

(b) fails without a reasonable excuse to comply with any requirement under this section or that section,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Inspections: supplementary

32

(1) A person authorised by virtue of section 31 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part.

(2) A person so authorised—

(a) may require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 31 or this section;

(b) may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(3) A person authorised by virtue of section 31 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.

(4) The references in section 31 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.

(5) Where any premises which are used as an establishment or for the purposes of an agency have been inspected under section 31, the registration authority—

(a) shall prepare a report on the matters inspected; and

(b) shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.

(6) The registration authority shall make copies of any report prepared under subsection (5) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.

(7) Any person who asks the registration authority for a copy of a report prepared under subsection (5) shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual returns

33

(1) Regulations may require the person carrying on an establishment or agency to make an annual return to the registration authority.

(2) Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.

Liquidators etc

34

(1) Regulations may—

(a) require any person to whom this section applies to give notice of his appointment to the registration authority;

(b) require any person to whom this section applies to appoint a person to manage the establishment or agency in question.

(2) This section applies to any person appointed as—

(a) a receiver or manager of the property of a relevant company;

(b) the liquidator or provisional liquidator of a relevant company; or

(3) In this section—

“company” includes a partnership;

“relevant company” means a company which is registered under this Part in respect of an establishment or agency; and

“relevant individual” means an individual who is registered under this Part in respect of an establishment or agency.

Death of registered person

35

(1) Regulations may—

(a) provide for the provisions of this Part to apply with prescribed modifications in cases where a person who was the only person registered under this Part in respect of an establishment or agency has died;

(b) require the personal representatives of a deceased person who was registered in respect of an establishment or agency to notify the registration authority of his death.

(2) Regulations under subsection (1)(a) may in particular—

(a) provide for the establishment or agency to be carried on for a prescribed period by a person who is not registered in respect of it; and

(b) include provision for the prescribed period to be extended by such further period as the registration authority may allow.

Provision of copies of registers

36

(1) Subject to subsection (3), the registration authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.

(2) Subject to subsections (3) and (4), any person who asks the registration authority for a copy of, or of an extract from, a register kept for the purposes of this Part shall be entitled to have one.

(3) Regulations may provide that subsections (1) and (2) shall not apply—

(a) in such circumstances as may be prescribed; or

(b) to such parts of a register as may be prescribed.

(4) A fee determined by the registration authority shall be payable for the copy except—

(a) in prescribed circumstances;

(b) in any other case where the registration authority considers it appropriate to provide the copy free of charge.

Service of documents

37

(1) Any notice or other document required under this Part to be served on a person carrying on or managing, or intending to carry on or manage, an establishment or agency may be served on him—

(a) by being delivered personally to him; or

(b) by being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

(2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter addressed to a person carrying on or managing an establishment or agency enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the establishment or agency.

(3) Where a notice or other document is served as mentioned in subsection (1)(b), the service shall, unless the contrary is proved, be deemed to have been effected on the third day after the day on which it is sent.

(4) Any notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(5) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above, the proper address of a person shall be—

(a) in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;

(b) in the case of a partner of a firm, that of the principal office of the firm; and

Transfers of staff under Part II

38

(1) The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.

(2) In this section—

“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 Part;

“new employer” means the registration authority;

“old employer” means a local authority or a Health Authority.

Temporary extension of meaning of “nursing home”

39

In section 21 of the Registered Homes Act 1984 (meaning of nursing home)—

(a) in subsection (1), after “(3)” there is inserted “ and (3A) ”;

(b) in subsection (2), for “subsection (1) above” there is substituted “ this section ”;

(d) after subsection (3) there is inserted—

(3A) The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies. (3B) This subsection applies if— (a) the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and (b) the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia— (i) in pursuance of the National Health Service Act 1977; or (ii) under an agreement made in accordance with Part I of the National Health Service (Primary Care) Act 1997. (3C) This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above.

Temporary extension of meaning of “children’s home”

40

In section 63(3)(a) of the 1989 Act (meaning of “children’s home”), for “more than three children at any one time” there shall be substituted “ children ”.

Children’s homes: temporary provision about cancellation of registration

41

(1) In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)—

(a) in paragraph (a), after “is not” there shall be inserted “ , or has not been, ”;

(b) after “is” there shall be inserted “ , or has been, ”.

(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted—

(6) In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on.

(3) In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children’s homes), after “is being” there shall be inserted “ and has been ”.

(4) In paragraph 4 of that Schedule—

(a) in sub-paragraph (3) after “is being” there shall be inserted “ , or has been, ”;

(b) after sub-paragraph (4) there shall be inserted—

(5) In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on.

Power to extend the application of Part II

42

(1) Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) , (2A) or (3) applies.

(2) This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.

(2A) This subsection applies to—

(a) English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and

(b) persons who provide services which are similar to services which may or must be so provided by English local authorities.

(3) This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).

(4) The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2) or (2A).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.

(7) In this section—

“cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,

“English local authorities” means local authorities in England,

“Welsh NHS bodies” means—Local Health Boards,National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,Special Health Authorities performing functions only or mainly in respect of Wales, andcross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.

Part III — Local Authority Services

Introductory

43

(1) This section has effect for the purposes of this Part.

(1A) “Local authority” means a local authority in England.

(2) “Relevant functions”, in relation to a local authority, means relevant adoption functions and relevant fostering functions.

(3) In relation to a local authority—

(a) “relevant adoption functions” means functions under the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002); and

(b) “relevant fostering functions” means functions under—

(i) section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F of Schedule 2 to that Act,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers of the Commission

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection by registration authority of adoption and fostering services

45

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspections: supplementary

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Action following inspection

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of the exercise of relevant fostering functions

48

(1) Regulations may make provision about the exercise by local authorities of relevant fostering functions, and may in particular make provision—

(a) as to the persons who are fit to work for local authorities in connection with the exercise of such functions;

(b) as to the fitness of premises to be used by local authorities in their exercise of such functions;

(d) as to the numbers of persons, or persons of any particular type, working for local authorities in connection with the exercise of such functions;

(e) as to the management and training of such persons;

(f) as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions.

(2) Regulations under subsection (1)(a) may, in particular, make provision for prohibiting persons from working for local authorities in such positions as may be prescribed unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).

National minimum standards

49

(1) Subsections (1), (2) and (3) of section 23 shall apply to local authorities in their exercise of relevant functions as they apply to establishments and agencies.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual returns

50

(1) Regulations may require a local authority to make to the CIECSS an annual return containing such information with respect to the exercise by the local authority of relevant functions as may be prescribed.

(2) Provision may be made by the regulations as to the period in respect of which and date by which the return is to be made.

Annual fee

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contravention of regulations

52

(1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Offences: general provisions

53

Sections 29 and 30 apply in relation to this Part as they apply in relation to Part II.

Preliminary

Care Councils

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

55

(1) This section has effect for the purposes of this Part.

(2) “Social care worker” means a person (other than a person excepted by regulations) who—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) is employed at a children's home in England, a care home in England or a residential family centre in England,

(d) is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England,

(e) manages an agency of the kind mentioned in paragraph (d), or

(f) is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers—

(a) a person engaged in work for the purposes of a local authority in England's social services functions;

(b) a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions;

(d) a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England;

(e) a person who manages an undertaking of the kind mentioned in paragraph (d);

(f) a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.);

(g) a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—

(i) section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges),

(ii) section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or

(iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector);

(h) a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part);

(i) a person who manages employees mentioned in paragraph (g) or (h);

(j) a person employed in a day centre in England;

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) “Day centre” means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration

The register

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for registration

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant or refusal of registration

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal etc. from register

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules about registration

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Codes of practice

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Training

Approval of courses etc

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications gained outside a Council’s area

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Post registration training

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the appropriate Minister

67

(1) The Secretary of State has the function of—

(a) ascertaining what training is required by persons who are or wish to become social care workers;

(b) ascertaining what financial and other assistance is required for promoting such training;

(d) drawing up occupational standards for social care workers.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State shall encourage persons to take part in—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ...courses relevant to the training of persons who are or wish to become social care workers.

(3) If it appears to the Secretary of State that adequate provision is not being made for training persons who are or wish to become social care workers, the Secretary of State may provide, or secure the provision of, courses for that purpose.

(4) The Secretary of State may, upon such terms and subject to such conditions as he or she considers appropriate—

(a) make grants, and pay travelling and other allowances, to persons resident in England ... in order to secure their training in the work of social care workers;

(b) make grants to organisations providing training in the work of social care workers.

(5) Any functions of the Secretary of State under this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purpose of determining—

(a) the terms and effect of an authorisation under subsection (5)(b) ...; and

(b) the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,

Part II of the Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act and in subsection (5)(b) “employee” has the same meaning as in that Part.

Miscellaneous and supplemental

Appeals to the Tribunal

68

(1) An appeal against a decision of the Welsh Council under this Part in respect of registration shall lie to the Tribunal.

(1A) An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.

(1B) An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social care manager in the United Kingdom.

(1C) An appeal shall lie to the Tribunal against a decision of the Welsh Council under regulation 67 of the General Systems Regulations to send an alert about a person.

(2) On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect or, in the case of an appeal under subsection (1C), direct that the alert be withdrawn or amended .

(3) The Tribunal shall also have power on an appeal against a decision—

(a) to vary any condition for the time being in force in respect of the person to whom the appeal relates;

(b) to direct that any such condition shall cease to have effect; or

Publication etc. of register

69

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Rules

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9 Part V — The Children’s Commissioner for Wales

Children’s Commissioner for Wales

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(1) There shall be an office of the Children’s Commissioner for Wales or Comisiynydd Plant Cymru.

(2) Schedule 2 shall have effect with respect to the Children’s Commissioner for Wales (referred to in this Act as “the Commissioner”).

Review and monitoring of arrangements

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(1) The Commissioner may review, and monitor the operation of, arrangements falling within subsection (2), (2A), (2B), (2C), (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children —

(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;

(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;

(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;

(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

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(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;

(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

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(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

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(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

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(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

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(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

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