Care Standards Act 2000

(b) the applicant’s right to appeal under section 65A against the refusal to the Tribunal established under section 9 of the Protection of Children Act 1999

;

and

• (d) after subsection (5) there shall be inserted—

(6) In this section and section 65A “appropriate authority” means— (a) in relation to England, the National Care Standards Commission; and (b) in relation to Wales, the National Assembly for Wales.

• (14) After section 65 there is inserted—

(65A) (1) An appeal against a decision of an appropriate authority under section 65 shall lie to the Tribunal established under section 9 of the Protection of Children Act 1999. (2) On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.

• (15) In section 66 (privately fostered children)—

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

• (b) after subsection (4) there shall be inserted—

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

• (16) In section 80 (inspection of children’s homes etc by persons authorised by Secretary of State)—

• (a) in subsections (1)(a) and (5)(c), before “children’s” there shall be inserted “ private ”;

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

• (c) for subsection (1)(j) there shall be substituted—

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

and

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

(hh) person who is the occupier of any premises— (i) in which any person required to be registered for child minding under Part XA acts as a child minder (within the meaning of that Part); or (ii) with respect to which a person is required to be registered under that Part for providing day care;

.

• (17) In section 81(1) (inquiries)—

• (a) in paragraph (d), after “a” there shall be inserted “ private ”; and

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

• (18) In section 82(6) (financial support by Secretary of State), in the definition of “child care training”, for “residential care home, nursing home or mental nursing home” there shall be substituted “ care home or independent hospital ”.

• (19) In section 83 (research and returns of information), in subsections (1)(c), (2)(c) and (3)(a)(ii), for “residential care home, nursing home or mental nursing home” there shall be substituted “ care home or independent hospital ”.

• (20) In section 86—

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

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

• (21) For the sidenote to section 87 (welfare of children accommodated in independent schools) there shall be substituted “ Welfare of children in boarding schools and colleges. ”.

• (22) In section 102(6)(a) (power of constable to assist in exercise of certain powers to search for children or inspect premises), after “76,” there shall be inserted “ 79U, ”.

• (23) In section 105 (interpretation)—

• (a) in subsection (1)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) after the definition of “bank holiday” there shall be inserted—

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

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

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

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

• (vi) after the definition of “income-based jobseeker’s allowance” there shall be inserted—

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

and

• (vii) after the definition of “prescribed” there shall be inserted—

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

;

and

• (b) after subsection (5) there shall be inserted—

(5A) References in this Act to a child minder shall be construed— (a) in relation to Scotland, in accordance with section 71; (b) in relation to England and Wales, in accordance with section 79A.

.

• (24) In Schedule 3 (supervision orders), in paragraphs 4(2)(c)(ii) and 5(2)(c), for “or mental nursing home” there shall be substituted “ , independent hospital or care home ”.

• (25) In Schedule 6 (registered children’s homes)—

• (a) in the heading, for “Registered Children’s Homes” there shall be substituted “ Private Children’s Homes ”; and

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

• (26) In paragraph 5(1) of Schedule 7 (foster parents: limit on number of foster children), after “treated” there shall be inserted “ , for the purposes of this Act and the Care Standards Act 2000 ”.

• (27) In Schedule 8 (privately fostered children)—

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

• (b) in paragraph 9(1), for “2(1)(d)” there shall be substituted “ 2(1)(c) and (d) ”, and at the end there shall be inserted—

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

.

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

(f) in any care home or independent hospital;

.

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

• (a) for paragraphs (a) to (c) there shall be substituted—

(aa) an appropriate children’s home;

and

• (b) for paragraph (d) there shall be substituted—

(d) a care home;

.

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

15

In section 48(1) of the National Health Service and Community Care Act 1990 (inspection of premises used for the provision of community care), for “the Registered Homes Act 1984” there shall be substituted “ Part II of the Care Standards Act 2000 ”.

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

16

In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders), for “hospital or mental nursing home” there shall be substituted “ independent hospital or care home within the meaning of the Care Standards Act 2000 or in a hospital ”.

Criminal Justice Act 1991 (c. 53)

17

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

Water Industry Act 1991 (c. 56)

18

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), for paragraphs 8 and 9 there shall be substituted—

(8) (1) A care home or independent hospital. (2) In this paragraph— - “care home” means— 1. a care home within the meaning of the Care Standards Act 2000; 2. a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948; - “independent hospital” means an independent hospital within the meaning of the Care Standards Act 2000. (9) A children’s home within the meaning of the Care Standards Act 2000.

19

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 12 for “section 71(1)(b)” there shall be substituted “ Part XA ”.

Local Government Finance Act 1992 (c. 14)

20

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

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

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

• (c) for sub-paragraph (2), there shall be substituted—

(2) In this paragraph— - “care home” means— 1. a care home within the meaning of the Care Standards Act 2000; or 2. a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948; - “hostel” means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph; - “independent hospital” has the same meaning as in the Care Standards Act 2000.

and

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

Tribunals and Inquiries Act 1992 (c. 53)

21

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

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

22

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

• (a) in subsection (5), for “registered children’s home” there shall be substituted “ private children’s home ”; and

• (b) in subsection (8), for “registered children’s home” there shall be substituted “ private children’s home ”.

Children (Scotland) Act 1995 (c. 36)

23

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

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

• (b) in the definition of “secure accommodation”, for “paragraph 4(2)(i) of Schedule 4 to the Children Act 1989” there shall be substituted “ section 22(8)(a) of the Care Standards Act 2000 ”.

Education Act 1996 (c. 56)

24

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

Police Act 1997 (c. 50)

25

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

Protection of Children Act 1999 (c. 14)

26

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

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

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

• (3) In section 9 (the Tribunal)—

• (a) in subsection (2), for the words from “on an appeal” to the end there shall be substituted—

(a) on an appeal or determination under section 4 above; (b) on an appeal under regulations made under section 6 above; (c) on an appeal under section 65A of the Children Act 1989 or under, or by virtue of, Part XA of that Act; or (d) on an appeal or determination under section 21, 68, 86, 87 or 88 of the Care Standards Act 2000;

;

and

• (b) after subsection (3), there shall be inserted—

(3A) The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 87 or 88 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations. (3B) Regulations under this section may make different provision for different cases or classes of case. (3C) Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales.

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

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

27

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

• (a) after subsection (2) there shall be inserted—

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

;

and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

28

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

• (2) In paragraph 5(3)(a) of Schedule 2 (additional requirements which may be included in probation orders), for “a hospital or mental nursing home” there shall be substituted “ an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital ”.

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

Amendments of local Acts

29

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

• (2) For paragraph (g) there shall be substituted—

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

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

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

• (4) Paragraph (j) shall be omitted.

30

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

• (2) For paragraph (c) there shall be substituted—

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

• (3) For paragraph (d) there shall be substituted—

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

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

SCHEDULE 5

Fostering agencies

1

The appropriate Minister may by regulations provide that, if prescribed requirements are satisfied, section 11 shall apply, during the prescribed period, to a person running a fostering agency who has made an application for registration under section 12(1) as if that person were unconditionally registered under Part II of this Act.

Voluntary adoption agencies

2

• (1) Where an approval granted to a body, before the commencement of section 13, under section 3 of the Adoption Act 1976 (approval of adoption societies) is operative at that commencement, Part II of this Act shall, if prescribed requirements are satisfied, have effect after that commencement as if any person carrying on or managing the body were registered under that Part in respect of it, either—

• (a) unconditionally; or

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

• (2) Any application made before the commencement of section 12 for approval under section 3 of the Adoption Act 1976 shall be treated after that commencement as an application made under section 12(1) to the registration authority for registration under Part II of this Act.

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

Children’s Commissioner for Wales

3

• (1) The Part of this Act which relates to the Children’s Commissioner for Wales has effect, in relation to times before the commencement of any other relevant provision of this Act, as if references—

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

• (b) to the provider of such services,

were or included references to services which would be regulated children’s services in Wales, or (as the case may be) to the person who would be the provider, if that provision were in force.

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

SCHEDULE 6

Independent hospitals etc.

Care homes.

5A

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

5B

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

14A

• (1) The registration authority may at any time suspend for a specified period the registration of a person in respect of an establishment or agency ....

• (2) Except where the registration authority gives notice under section 20B, the power conferred by subsection (1) is exercisable only 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.

• (3) The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).

• (4) A period of suspension may be extended under subsection (1) on one or more occasions.

• (5) Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.

• (6) In this section “relevant requirements” has the same meaning as in section 14.

20A

• (1) If in respect of an establishment or agency for which the Welsh Ministers are the registration authority—

• (a) the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, 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 has 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 Welsh Ministers must notify the appropriate authorities of the making of the application.

• (4) An order under subsection (1) is to be in writing.

• (5) Where such an order is made, the Welsh Ministers must, 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,

• (b) the Local Health Board in whose area the establishment or agency is situated, and

• (c) any statutory authority not falling within paragraph (a) or (b) whom the Welsh Ministers think it appropriate to notify.

• (7) In this section “statutory authority” has the same meaning as in section 20.

20B

• (1) Subsection (2) applies where—

• (a) a person is registered under this Part in respect of an establishment or agency ..., and

• (b) the registration authority has reasonable cause to believe that unless it acts under this section any person will or may be exposed to the risk of harm.

• (2) Where this subsection applies, the registration authority may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the registration authority that is mentioned in subsection (3) to take effect from the time when the notice is given.

• (3) Those decisions are—

• (a) a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

• (b) a decision under section 14A to suspend the registration or extend the period of suspension.

• (4) The notice must—

• (a) state that it is given under this section,

• (b) state the registration authority's reasons for believing that the circumstances fall within subsection (1)(b),

• (c) specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

• (d) explain the right of appeal conferred by section 21.

22A

• (1) This section applies if—

• (a) a person (“P”) is registered in respect of a relevant establishment or agency; and

• (b) the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.

• (2) The CIECSS may serve a compliance notice on P.

• (3) A compliance notice is a notice which—

• (a) states that the CIECSS is of the opinion mentioned in subsection (1)(b);

• (b) specifies the requirement with which the CIECSS considers P is failing or has failed to comply;

• (c) specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;

• (d) specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;

• (e) specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;

• (f) specifies a period for the taking of those steps; and

• (g) explains the effect of subsections (4) and (5).

• (4) Failing to take the steps specified in a compliance notice within the period so specified is an offence.

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (6) In this section—

• (a) a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;

• (b) references to a “requirement” are references to a requirement imposed by regulations under—

• (i) section 22;

• (ii) section 9 of the Adoption Act 1976; or

• (iii) section 9 of the Adoption and Children Act 2002.

22B

• (1) The CIECSS may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.

• (2) The requirement is to ensure that no child is accommodated at the establishment unless the child—

• (a) was accommodated there when the notice was served; and

• (b) has continued to be accommodated there since the notice was served.

• (3) A notice under subsection (1) must—

• (a) explain the requirement imposed by the notice;

• (b) specify the establishment in relation to which that requirement is imposed;

• (c) give the CIECSS's reasons for serving the notice;

• (d) explain the right of appeal conferred by section 21.

• (4) A notice under subsection (1) ceases to have effect—

• (a) at such time as may be specified in the notice;

• (b) if the CIECSS serves a notice to that effect on the person on whom the notice under subsection (1) was served;

• (c) if the Tribunal so directs under section 21(4A) or (4B).

• (5) Subsection (6) applies if—

• (a) the CIECSS serves a notice on a person under subsection (1) or (4)(b); and

• (b) one or more other persons are registered in respect of the establishment to which the notice relates.

• (6) The CIECSS must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).

• (7) The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).

• (8) This section applies to the following establishments—

• (a) a children's home in England;

• (b) a residential family centre in England.

Regulations about registration.

24A

• (1) If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.

• (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Penalty notices

30ZA

• (1) Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.

• (2) A fixed penalty offence is any relevant offence which—

• (a) relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

• (b) is prescribed for the purposes of this section.

• (3) A relevant offence is—

• (a) an offence under this Part or under regulations made under this Part ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

• (5) Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

• (6) Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.

• (7) Penalties under this section are payable to the Welsh Ministers.

• (8) In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.

30ZB

• (1) The Welsh Ministers may by regulations make—

• (a) provision as to the form and content of penalty notices,

• (b) provision as to the monetary amount of the penalty and the time by which it is to be paid,

• (c) provision determining the methods by which penalties may be paid,

• (d) provision as to the records to be kept in relation to penalty notices,

• (e) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

• (i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

• (ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

• (f) provision for a certificate—

• (i) purporting to be signed by or on behalf of a prescribed person, and

• (ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

• (g) provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

• (h) such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

• (2) Regulations under subsection (1)(b)—

• (a) may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

• (b) must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences .

• (3) In this section—

• “penalty” means a penalty under a penalty notice;

• “penalty notice” has the meaning given by section 30ZA(4).

30A

• (1) This section applies where a person (“P”) is carrying on or managing an establishment or agency in England mentioned in subsection (6).

• (2) If the CIECSS —

• (a) has decided to adopt a proposal under section 17(4)(a) to cancel the registration of P in respect of the establishment or agency,

• (aa) has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,

• (ab) has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,

• (b) has brought proceedings against P for a relevant offence which it alleges P committed in relation to the establishment or agency, ...

• (c) has served a notice on P under section 22B ...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it must as soon as practicable notify each local authority in England and Wales of that fact.

• (3) If the CIECSS becomes aware of any prescribed circumstances which relate to P it must as soon as practicable notify each local authority in England and Wales of those circumstances.

• (4) A notification under this section must contain such information as may be prescribed.

• (5) A notification under this section may be transmitted to a local authority electronically if—

• (a) the local authority has agreed that notifications may be given to them by being transmitted to an electronic address and in an electronic form specified in the agreement; and

• (b) the notification is a notification to which that agreement applies.

• (6) The establishments and agencies are—

• (a) a children's home;

• (b) a residential family centre;

• (c) a fostering agency;

• (d) a voluntary adoption agency;

• (e) an adoption support agency;

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

• (7) In this section—

• “electronic address” includes any number or address used for the purposes of receiving electronic communications;

• “electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;

• “electronically” means in the form of an electronic communication;

• “relevant offence” means an offence under—this Part;regulations under this Part;section 9(4) of the Adoption Act 1976;regulations under section 9 of the Adoption and Children Act 2002;

• “prescribed” means prescribed by regulations made—in relation to England, by the Secretary of State;...

Provision of copies of registers.

Temporary extension of meaning of “children’s home”.

Children’s homes: temporary provision about cancellation of registration.

Temporary extension of meaning of “nursing home”.

36A

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

Temporary extension of meaning of “children’s home”.

Power to extend the application of Part II.

Introductory.

Obstruction etc.

Additional power of consideration and representation

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

58A

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

67A

• (1) The Secretary of State may direct a Special Health Authority to exercise such of his functions under section 67(4)(a) as may be specified in the directions.

• (2) If the Secretary of State gives a direction under subsection (1), the National Health Service Act 2006 shall have effect as if—

• (a) the direction were a direction of the Secretary of State under section 7 of that Act, and

• (b) the functions were exercisable by the Special Health Authority under section 7.

• (3) Directions under subsection (1)—

• (a) shall be given by an instrument in writing, and

• (b) may be varied or revoked by subsequent directions.

Part V — The Children’s Commissioner for Wales

72A

The principal aim of the Commissioner in exercising his functions is to safeguard and promote the rights and welfare of children to whom this Part applies.

72B

• (1) The Commissioner may review the effect on children to whom this Part applies of—

• (a) the exercise or proposed exercise of any function of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, including the making or proposed making of any subordinate legislation; or

• (b) the exercise or proposed exercise in relation to Wales of any function of any person mentioned in Schedule 2A.

• (2) The Welsh Ministers may by order amend this section or Schedule 2A 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, a function of the person which although exercisable in relation to Wales is not to be treated as such for the purposes of subsection (1)(b).

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

• (a) 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;

• (b) 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

• (c) (unless consent is given by the Secretary of State under subsection (4)), 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.

• (4) An order under subsection (2) may add to Schedule 2A a person who does not satisfy the condition in subsection (3)(c) if the Secretary of State gives consent.

• (5) An order under subsection (2) must not add to Schedule 2A 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.

• (6) The Welsh Ministers may not make an order under subsection (2) if the result would be that the Commissioner could review the effect of the exercise or proposed exercise of a person’s function 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.

• (7) In subsection (1)(a) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

75ZA

• (1) This section applies where it appears to the Commissioner that a case which he is—

• (a) examining in accordance with regulations made under section 74, or

• (b) considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an examination by the Commissioner for Older People in Wales or the Welsh Language Commissioner (the ‘connected matter’).

• (2) Where the Commissioner considers it appropriate, he must inform the Commissioner for Older People in Wales, or may inform the Welsh Language Commissioner, about the connected matter.

• (3) Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (‘the children matter’), he must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) also if he considers it appropriate—

• (a) inform the Commissioner for Older People in Wales or the Welsh Language Commissioner about the Commissioner's proposals for the examination of the case; and

• (b) consult the Commissioner for Older People in Wales or the Welsh Language Commissioner about those proposals.

• (4) Where the Commissioner and the Commissioner for Older People in Wales or the Welsh Language Commissioner consider that they are entitled to examine, respectively, the children matter and the connected matter they may—

• (a) co-operate with each other in the separate examination of each of those matters;

• (b) act together in the examination of those matters; and

• (c) prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined.

• (5) Where the Commissioner considers—

• (a) that the case is not one which relates to or raises a matter that he is entitled to examine himself, and

• (b) that it is appropriate to do so,

he must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure the referral to that Commissioner of the connected matter.

Nurses Agencies.

75A

• (1) The Commissioner may consider, and make representations to the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government about, any matter affecting the rights or welfare of children in Wales.

• (2) The function of the Commissioner under subsection (1) is exercisable only where he does not have power to consider and make representations about the matter in question by virtue of any other provision of this Act or any other enactment.

Extension of Part IX to school children during holidays.

Effect of schemes.

Nurses Agencies.

Orders and regulations.

Extension of Part IX to school children during holidays.

Fees payable under Part 2

Effect of schemes.

Orders and regulations.

Supplementary and consequential provision etc.

Orders and regulations.

Regulations: Wales

Short title and extent.

Commencement.

Fees payable under Part 2

113A

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

Supplementary and consequential provision etc.

Minor and consequential amendments.

Orders and regulations.

Regulations: Wales

118A

• (1) This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

• (2) Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

• (3) A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

Commencement.

SCHEDULE 2A

1

Any county council, county borough council or community council in Wales.

2

Any Health Authority for an area in, or consisting of, Wales.

2A

Any Local Health Board for an area in, or consisting of, Wales.

3

Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales.

4

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

5

Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales.

6

Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales.

7

Any institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992.

8

Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section.

9

Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).

10

Her Majesty’s Chief Inspector of Education and Training in Wales.

11

Any agricultural wages committee for an area wholly in, or consisting of, Wales.

12

A National Park authority for a National Park in Wales.

13

The Arts Council of Wales.

14

Social Care Wales .

15

The Natural Resources Body for Wales.

16

The National Library of Wales.

17

The National Museums and Galleries of Wales.

18

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

19

The Royal Commission on the Ancient and Historical Monuments of Wales.

20

The Sports Council for Wales.

21

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

22

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

23

Comisiynydd y Gymraeg (The Welsh Language Commissioner).

24

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

SCHEDULE 2B

1

The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

2

Any county council or county borough council in Wales.

3

Any Health Authority for an area in, or consisting of, Wales.

3A Any Local Health Board for an area in, or consisting of Wales

4

Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales.

5

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

6

Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales.

7

Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales.

8

Any institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992.

9

Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section.

10

Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).

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

National Assistance Act 1948 (c.29)

Mental Health Act 1959 (c.72)

Children and Young Persons Act 1969 (c.54)

Local Authority Social Services Act 1970 (c.42)

Adoption Act 1976 (c.36)

Adoption (Scotland) Act 1978 (c.28)

Limitation Act 1980 (c.58)

Mental Health Act 1983 (c.20)

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

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

Income and Corporation Taxes Act 1988 (c.40)

Children Act 1989 (c.41)

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

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

Criminal Justice Act 1991 (c.53)

Water Industry Act 1991 (c.56)

Local Government Finance Act 1992 (c.14)

Tribunals and Inquiries Act 1992 (c.53)

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

Children (Scotland) Act 1995 (c.36)

Education Act 1996 (c.56)

Police Act 1997 (c.50)

Protection of Children Act 1999 (c.14)

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

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

Editorial notes

[^c17512711]: Act amended (W.) (1.4.2002) by The Children's Homes (Wales) Regulations 2002 (S.I. 2002/327), regs. 1(2), 3

[^c21150781]: Act modified (temp.) (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 8, Sch. 2

[^c12425961]: S. 1 wholly in force at 1.4.2002; s. 1 not in force at Royal Assent see s. 122; s. 1 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 1 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 1 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 1 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[^c21150461]: S. 1(4A) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 2(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

[^c12425971]: S. 2 wholly in force at 1.4.2002; s. 2 not in force at Royal Assent see s. 122; s. 2 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 2 in force for E. at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 2 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 2 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[^c21150661]: Words in s. 2(1) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 3; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

[^c12425981]: 1983 c. 20.

[^c21150631]: Words in s. 2(4)(5) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 199 (with Sch. 3 Pt. 1)

[^c21150501]: Words in s. 2(5) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 106, 199; S.I. 2004/759, art. 3(1); S.I. 2004/873, art. 2

[^c12426011]: 1983 c. 20.

[^c12426021]: S. 3 wholly in force at 1.4.2002; s. 3 not in force at Royal Assent see s. 122; s. 3 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 3 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[^c21150721]: S. 3(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 4(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

[^c12426031]: S. 4 wholly in force at 30.4.2003; s. 4 not in force at Royal Assent see s. 122; s. 4 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 4 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(ii)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(4) in force for E. and s. 4(1)(6)(8)(9) in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(b) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(1)(9) in force for E. for certain purposes, s. 4(2)(3)(5) in force for E. and s. 4(6)(8) in force for E. in so far as not already in force at 1.4.2003 by S.I. 2001/3852, arts. 1(4), 3(2)(8)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(7)(9) in force for E. for certain purposes at 25.2.2003 and otherwise in force for E. at 30.4.2003 by S.I. 2003/365, art. 3(1)(3)-(5) (subject to Sch.)

[^c21088151]: Words in s. 4(7) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 104 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 2}

[^c21087981]: S. 4(7A) inserted (7.12.2004 for E. for certain purposes and 30.12.2005 otherwise) by Adoption and Children Act 2002 (c. 38), ss. 8(3)(a), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2; S.I 2005/2213, {art. 3}; S.I. 2005/3112, art. 2

[^c21088211]: S. 4(8)(a) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 5(2); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

[^c21088231]: S. 4(9) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 5(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

[^c12426061]: S. 5 partly in force; s. 5 not in force at Royal Assent see s. 122; s. 5 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 5 in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, art. 3(2)(7)(c) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[^c21088621]: S. 5(1)(a) substituted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 6(2)(a); S.I. 2010/807, art. 2, Sch. 1 Pt. 2 (with arts. 3-22)

[^c21088681]: S. 5(1A) inserted (1.10.2010) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 6(3); S.I. 2010/807, art. 2, Sch. 1 Pt. 2 (with arts. 3-22)

[^c21150931]: S. 5A repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170, Sch. 5 para. 7, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

[^c21150941]: S. 5B repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170, Sch. 5 para. 7, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

[^c21151091]: S. 6 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 2; S.I. 2004/759, art. 13

[^c21151101]: S. 7 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 2; S.I. 2004/759, art. 13

[^c12426091]: S. 8 partly in force; s. 8 not in force at Royal Assent see s. 122; s. 8 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 8 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 8 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 8 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 8 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 8 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

[^c21088891]: S. 8(3)(3A) substituted (1.4.2007) for s. 8(3) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(2); S.I. 2007/935, art. 5

[^c21088981]: S. 8(3A) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(2); S.I. 2009/462, art. 2, Sch. 1 para. 35

[^c21088861]: S. 8(6) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 109, 199; S.I. 2004/873, art. 2

[^c21088941]: S. 8(6)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(3); S.I. 2007/935, art. 5

[^c22718061]: S. 8(7) (originally numbered s. 8(6)) inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 18(3); S.I. 2004/759, art. 5(2)

[^c21088961]: S. 8(6) (as second appearing) renumbered as s. 8(7) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(4); S.I. 2007/935, art. 5

[^c21090121]: Words in s. 8(7) repealed (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(4); S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

[^c21151161]: S. 9 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199, Sch. 14 Pt. 2; S.I. 2004/759, art. 13

[^c12426111]: S. 10 partly in force; s. 10 not in force at Royal Assent see s. 122; s. 10(1)-(5)(7) in force for E. at 1.4.2002 by S.I. 2001/3852, art. 3(2)(7)(e) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 10(2)-(7) in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 10(2)-(7) in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 10(2)-(7) in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 10(2)-(7) in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

[^c21151461]: S. 10(1) repealed (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 196, 199, Sch. 9 para. 19(b), Sch. 14 Pt. 2; S.I. 2004/759, arts. 5(2), 13

[^c12426121]: 1972 c. 70.