Children Act 2004

(2) An inspection of a local education authority in England under this section shall consist of a review of the way in which the authority are performing any function conferred on them in their capacity as a local education authority, other than a function falling within the remit of the Adult Learning Inspectorate under section 53 of the Learning and Skills Act 2000 (c. 21). (2A) An inspection of a local education authority in Wales under this section shall consist of a review of the way in which the authority are performing— (a) any function conferred on them in their capacity as a local education authority; and (b) the functions conferred on them under sections 25 and 26 so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).

Duty of local authorities to promote educational achievement

52

In section 22 of the Children Act 1989 (c. 41) (general duty of local authority in relation to children looked after by them), after subsection (3) insert—

(3A) The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.

Ascertaining children’s wishes

53

• (1) In section 17 of the Children Act 1989 (provision of services to children), after subsection (4) insert—

(4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— (a) ascertain the child’s wishes and feelings regarding the provision of those services; and (b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

• (2) In section 20 of that Act (provision of accommodation for children: general), in subsection (6)(a) and (b), after “wishes” insert “ and feelings ”.

• (3) In section 47 of that Act (local authority’s duty to investigate), after subsection (5) insert—

(5A) For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— (a) ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and (b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

Information about individual children

54

In section 83 of the Children Act 1989 (c. 41) (research and returns of information), after subsection (4) insert—

(4A) Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.

Social services committees

55

• (1) Sections 2 to 5 of the Local Authority Social Services Act 1970 (c. 42) (social services committees) shall cease to have effect.

• (2) In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute “ SOCIAL SERVICES FUNCTIONS ”.

• (3) In section 63(8) of the Health Services and Public Health Act 1968 (c. 46) (instruction), in paragraph (a) of the definition of “relevant enactments”, for the words from “for the time being” to “section 2” substitute “ are social services functions within the meaning ”.

• (4) In Schedule 1 to the Local Government and Housing Act 1989 (c. 42) (political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of “ordinary committee”, for the words from “the authority's” to “any other committee” substitute “ any committee ”.

• (5) In section 102 of the Local Government Act 2000 (c. 22) (social services functions)—

• (a) omit subsection (1);

• (b) in subsection (2), for “that Act” substitute “ the Local Authority Social Services Act 1970 ”.

Social services functions

56

In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions which are social services functions), at the end insert—

Children Act 2004Sections 13 to 16 and 31 to 34	Functions relating to Local Safeguarding Children Boards.

Other provisions

Fees payable to adoption review panel members

57

In section 12 of the Adoption and Children Act 2002 (c. 38) (independent review of determinations), in subsection (3)(d) (power to make provision as to the payment of expenses of members of a panel) for “expenses of” substitute “ fees to ”.

Reasonable punishment

58

• (1) In relation to any offence specified in subsection (2), battery of a child taking place in England cannot be justified on the ground that it constituted reasonable punishment.

• (2) The offences referred to in subsection (1) are—

• (a) an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm);

• (b) an offence under section 47 of that Act (assault occasioning actual bodily harm);

• (c) an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16).

• (d) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

• (3) Battery of a child taking place in England causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.

• (4) For the purposes of subsection (3) “actual bodily harm” has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861.

• (5) In section 1 of the Children and Young Persons Act 1933, omit subsection (7).

Power to give financial assistance

59

• (1) Section 14 of the Education Act 2002 (c. 32) (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as specified in subsections (2) to (4).

• (2) In subsection (2) of that section (purposes for which assistance may be given), at the end insert—

(j) the promotion of the welfare of children and their parents; (k) the provision of support for parenting (including support for prospective parents).

• (3) After that subsection insert—

(2A) In subsection (2)(j), “children” means persons under the age of twenty.

• (4) In the heading to that section, for “childcare” substitute “ children etc ”.

• (5) In the heading to Part 2 of that Act, for “childcare” substitute “ children etc ”.

Child safety orders

60

• (1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.

• (2) In section 8(1)(a) (power to make parenting order where a child safety order is made), at the end insert “or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order”.

• (3) In section 11(4) (maximum period permitted for child safety orders), for the words from “three months” to the end substitute “ twelve months ”.

• (4) In section 12, omit subsections (6)(a) and (7) (power to make care order on breach of child safety order).

Children’s Commissioner for Wales: powers of entry

61

In the Care Standards Act 2000 (c. 14), in section 76 (further functions of Children’s Commissioner for Wales), at the end insert—

(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.

Publication of material relating to legal proceedings

62

• (1) In section 97(2) of the Children Act 1989 (c. 41) (privacy for children involved in certain proceedings), after “publish” insert “ to the public at large or any section of the public ”.

• (2) In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), at the end insert “(and in particular where the publication is not so punishable by reason of being authorised by rules of court)”.

• (3) In section 66 of the Adoption Act 1976 (c. 36) (rules of procedure), after subsection (5) insert—

(5A) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

• (4) In section 145(1) of the Magistrates' Courts Act 1980 (c. 43) (rules: supplementary), after paragraph (g) insert—

(ga) authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to proceedings referred to in section 12(1)(a) of the Administration of Justice Act 1960 which are held in private;

.

• (5) In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (family proceedings rules), in paragraph (a) after “County Courts Act 1984;” insert—

(aa) authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;

.

• (6) In section 141 of the Adoption and Children Act 2002 (c. 38) (rules of procedure) at the end insert—

(6) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

• (7) In section 76 of the Courts Act 2003 (c. 39) (Family Procedure Rules: further provision) after subsection (2) insert—

(2A) Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.

Disclosure of information by Inland Revenue

63

• (1) In Schedule 5 to the Tax Credits Act 2002 (c. 21) (use and disclosure of information), after paragraph 10 insert—

(10A) (1) This paragraph applies to information, other than information relating to a person’s income, which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance— (a) by the Board, or (b) by a person providing services to the Board, in connection with the provision of those services. (2) Information to which this paragraph applies may be supplied to— (a) a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child; (b) a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child; (c) an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child. (3) Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied— (a) for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above, (b) for the purpose of civil or criminal proceedings, or (c) where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board. (4) Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board. (5) A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made— (a) in accordance with sub-paragraph (3), (b) in accordance with an enactment or an order of a court, (c) with consent given by or on behalf of the person to whom the information relates, or (d) in such a way as to prevent the identification of the person to whom it relates. (6) It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful. (7) A person guilty of an offence under sub-paragraph (5) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both; (c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. (8) In sub-paragraph (2) “child” means a person under the age of eighteen and— (a) in paragraph (a), “local authority” has the meaning given by section 105(1) of the Children Act 1989; (b) in paragraph (b), “local authority” has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and (c) in paragraph (c), “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)). (9) The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

• (2) In relation to an offence committed under sub-paragraph (5) of paragraph 10A of Schedule 5 to the Tax Credits Act 2002 (c. 21) (as inserted by subsection (1) above) before 2 May 2022, the reference in sub-paragraph (7)(b) of that paragraph to twelve months shall be read as a reference to six months.

Part 6 — General

Repeals

64

The enactments specified in Schedule 5 are repealed to the extent specified.

Interpretation

65

• (1) In this Act—

• “the Assembly” means the National Assembly for Wales;

• “child” means, subject to section 9, a person under the age of eighteen (and “children” is to be construed accordingly);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ local authority ” means— a local authority in England;a local authority in Wales;

• “ local authority in England ” means— a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London Borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;

• “ local authority in Wales ” means— a county council in Wales;a county borough council;

• (2) This Act applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.

• (3) In this Act—

• (a) references to a prison include a young offender institution;

• (b) references to a contracted out secure training centre, and to the contractor in relation to such a secure training centre, have the meanings given by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33);

• (c) references to a contracted out prison, and to the contractor in relation to such a prison, have the meanings given by section 84(4) of the Criminal Justice Act 1991 (c. 53).

• (d) references to a directly managed secure college and to a contracted-out secure college, and to the contractor in relation to a contracted-out secure college, have the meanings given by paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.

• (4) Where—

• (a) a contract under section 7 of the Criminal Justice and Public Order Act 1994 is for the time being in force in relation to part of a secure training centre, ...

• (b) a contract under section 84 of the Criminal Justice Act 1991 is for the time being in force in relation to part of a prison, or

• (c) a contract under paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 is for the time being in force in relation to part of a secure college”, and

this Act has effect as if each part of the secure training centre , prison or secure college were a separate institution.

Regulations and orders

66

• (1) Any power to make regulations or an order under this Act includes power—

• (a) to make different provision for different purposes;

• (b) to make different provision for different cases or areas;

• (c) to make incidental, supplementary, consequential or transitional provision or savings.

• (2) Any power to make regulations or an order under this Act, other than an order under section 42 or 43, is exercisable by statutory instrument.

• (3) The Secretary of State may not make a statutory instrument containing regulations under section 12 , 12B(1)(b) , 16B (whether alone or with regulations under section 16F), 16E(3) or 45 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

• (4) The Secretary of State may not make a statutory instrument containing the first regulations under section 9A or the first order under section 49 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

• (5) A statutory instrument containing—

• (a) any regulations made by the Secretary of State under this Act to which neither of subsections (3) and (4) applies,

• (b) an order made by the Secretary of State under section 49 to which subsection (4) does not apply, or

• (c) an order made by the Secretary of State under section 11(1)(d) or section 65(2),

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Subsection (5) does not apply to regulations made by the Secretary of State jointly with the Assembly under section 43(7).

• (7) Any statutory instrument containing regulations made under section25 or 26 by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (8) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

Commencement

67

• (1) Part 1 comes into force on the day on which this Act is passed.

• (2) Part 2 comes into force in accordance with provision made by order by the Secretary of State.

• (3) Part 3 comes into force in accordance with provision made by order by the Assembly subject to subsections (4) and (5).

• (4) The Assembly must obtain the consent of the Secretary of State before making provision under subsection (3) in relation to section 25(4)(a) to (c) or 31(3)(a) to (c), (f) or (g).

• (5) In section 28, the following provisions come into force in accordance with provision made by order by the Secretary of State after consulting the Assembly—

• (a) subsection (1)(d) to (h);

• (b) subsection (2), so far as relating to the persons and bodies referred to in subsection (1)(d) to (h);

• (c) subsection (5).

• (6) Part 4 comes into force in accordance with provision made by order by the Assembly with the consent of the Secretary of State.

• (7) In Part 5—

• (a) section 44 so far as relating to England comes into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;

• (b) sections 45 to 47 come into force at the end of the period of two months beginning with the day on which this Act is passed;

• (c) section 48 and Schedule 4 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;

• (d) section 49 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

• (e) sections 50 to 57 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;

• (f) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

• (g) section 59 comes into force on the day on which this Act is passed;

• (h) section 60 comes into force in accordance with provision made by order by the Secretary of State;

• (i) section 61 comes into force in accordance with provision made by order by the Assembly;

• (j) section 62 comes into force in accordance with provision made by order by the Lord Chancellor;

• (k) section 63 comes into force on the day on which this Act is passed.

• (8) This Part comes into force on the day on which this Act is passed except that Schedule 5 comes into force in accordance with the commencement provisions set out in that Schedule.

Extent

68

• (1) Part 1 extends to the whole of the United Kingdom (unless otherwise specifically provided).

• (2) Parts 2 to 4 extend to England and Wales only.

• (3) In Part 5—

• (a) sections 44 to 62 extend to England and Wales only;

• (b) section 63 extends to the whole of the United Kingdom.

• (4) In this Part—

• (a) section 64 and Schedule 5 extend to England and Wales only; and

• (b) the remaining provisions extend to the whole of the United Kingdom.

Short title

69

This Act may be cited as the Children Act 2004.

SCHEDULE 1

Status

1

• (1) The Children’s Commissioner is to be a corporation sole.

• (2) The Children’s Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and his property is not to be regarded as property of, or property held on behalf of, the Crown.

General powers

2

• (1) The Children’s Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.

• (2) In particular he may—

• (a) co-operate with other public authorities in the United Kingdom;

• (b) enter into contracts; and

• (c) acquire, hold and dispose of any property.

Appointment and tenure of office

3

• (1) The Children’s Commissioner is to be appointed by the Secretary of State.

• (2) The Secretary of State must take reasonable steps to involve children in the appointment of the Children’s Commissioner.

• (3) Subject to the provisions of this paragraph, a person shall hold and vacate office as the Children’s Commissioner in accordance with the terms and conditions of his appointment as determined by the Secretary of State.

• (4) An appointment as the Children’s Commissioner shall be for a term not exceeding six years.

• (5) A person who has held office as the Children’s Commissioner is not eligible for reappointment.

• (6) The Children’s Commissioner may at any time resign by notice in writing to the Secretary of State.

• (7) The Secretary of State may remove the Children’s Commissioner from office if he is satisfied that he has—

• (a) become unfit or unable properly to discharge his functions; or

• (b) behaved in a way that is not compatible with his continuing in office.

Remuneration

4

The Secretary of State must—

• (a) pay the Children’s Commissioner such remuneration and allowances, and

• (b) pay or make provision for the payment of such pension or gratuities to or in respect of him,

as may be provided under the terms of his appointment.

Staff

5

• (1) The Children’s Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions ....

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

• (3) ... Any member of the Children’s Commissioner’s staff may, so far as authorised by him, exercise any of his functions.

Pensions

6

• (1) In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment etc to which section 1 of that Act applies)—

• (a) in the list of “Other Bodies”, at the end insert “ Employment by the Children’s Commissioner ”;

• (b) in the list of “Offices”, at the appropriate place insert “ Children’s Commissioner ”.

• (2) The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Funding

7

The Secretary of State may make payments to the Children’s Commissioner of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.

Accounts

8

• (1) The Children’s Commissioner must—

• (a) keep proper accounting records;

• (b) prepare a statement of accounts for each financial year; and

• (c) send a copy of each such statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates.

• (2) The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him under sub-paragraph (1)(c) and must lay copies of the statement and of his report before Parliament.

• (3) In this paragraph, “financial year” means—

• (a) the period beginning with the date on which the first Children’s Commissioner is appointed and ending with 31st March next following that date; and

• (b) each successive period of twelve months ending with 31st March.

Evidence

9

• (1) A document purporting to be duly executed under the seal of the Children’s Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

• (2) This paragraph does not extend to Scotland.

Protection from defamation actions

10

For the purposes of the law of defamation—

• (a) any statement made by the Children’s Commissioner in a report published under this Part has absolute privilege; and

• (b) any other statement made by the Children’s Commissioner or a member of his staff for the purposes of this Part has qualified privilege.

Regulated position

11

In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) (meaning of “regulated position”), after paragraph (f) insert—

(fa) Children’s Commissioner and deputy Children’s Commissioner appointed under Part 1 of the Children Act 2004,

.

Disqualifications

12

In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Children’s Commissioner ”; “ Member of staff of the Children’s Commissioner ”.

13

In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Children’s Commissioner ”; “ Member of staff of the Children’s Commissioner ”.

SCHEDULE 2

Children and Young Persons Act 1933 (c. 12)

1

In section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities), in subsection (8), for “or the chief education officer of the authority” substitute “ of the authority, the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) ”.

Local Authority Social Services Act 1970 (c. 42)

2

• (1) The Local Authority Social Services Act 1970 is amended as follows.

• (2) In section 6 (director of social services)—

• (a) before subsection (1) insert—

(A1) A local authority in England shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004.

;

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

• (c) in subsection (2), after “director of”, in both places, insert “ adult social services or (as the case may be) ”;

• (d) in subsection (6), for “a director of social services” substitute “ a person under this section ”.

• (3) In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words “Appointment of” insert “ director of adult social services or ”.

Local Government and Housing Act 1989 (c. 42)

3

In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6)—

• (a) after “means—” insert—

(za) the director of children’s services appointed under section 18 of the Children Act 2004 and the director of adult social services appointed under section 6(A1) of the Local Authority Social Services Act 1970 (in the case of a local authority in England);

;

• (b) in paragraph (a), at the end insert “ (in the case of a local authority in Wales) ”;

• (c) in paragraph (c) after “director of social services” insert “ (in the case of a local authority in Wales) ”.

Education Act 1996 (c. 56)

4

• (1) The Education Act 1996 is amended as follows.

• (2) In section 532 (appointment of chief education officer), for “A local authority’s duties” substitute “ The duties of a local education authority in Wales ”.

• (3) In section 566 (evidence: documents), in subsection (1)(a), for “chief education officer of that authority” substitute “ director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) ”.

Crime and Disorder Act 1998 (c. 37)

5

• (1) The Crime and Disorder Act 1998 is amended as follows.

• (2) In section 8 (responsible officers in relation to parenting orders), in subsection (8)(bb), after “nominated by” insert “ a person appointed as director of children’s services under section 18 of the Children Act 2004 or by ”.

• (3) In section 39 (youth offending teams), in subsection (5)—

• (a) after paragraph (a) insert—

(aa) where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;

;

• (b) in paragraph (b) for “a social worker of a” substitute “ where the local authority is in Wales, a social worker of the ”;

• (c) after paragraph (d) insert—

(da) where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;

;

• (d) in paragraph (e) insert at the beginning “ where the local authority is in Wales, ”.

Protection of Children Act 1999 (c. 14)

6

In section 4C of the Protection of Children Act 1999 (restoration to the list) in subsection (1), for “director of social services of a local authority” substitute “ director of children’s services of a local authority in England or a director of social services of a local authority in Wales ”.

Criminal Justice and Court Services Act 2000 (c. 43)

7

• (1) The Criminal Justice and Court Services Act 2000 is amended as follows.

• (2) In section 34 (restoration of disqualification order), in subsection (1), for “a director of social services of a local authority” substitute “ a director of children’s services of a local authority in England or a director of social services of a local authority in Wales ”.

• (3) In section 36 (meaning of “regulated position”), in subsection (6)—

• (a) after paragraph (b) insert—

(ba) director of children’s services and director of adult social services of a local authority in England,

;

• (b) in paragraph (c) at the end insert “ in Wales ”;

• (c) in paragraph (d) at the end insert “ in Wales ”.

Criminal Justice Act 2003 (c. 44)

8

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

SCHEDULE 3

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

1

In section 26 of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation), in subsection (2), after “Criminal Justice and Court Services Act 2000)” insert “ , a Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.

Child Abduction and Custody Act 1985 (c. 60)

2

The Child Abduction and Custody Act 1985 is amended as follows.

3

In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

4

In section 27 (interpretation), after subsection (5) insert—

(5A) In this Act “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004

.

Children Act 1989 (c. 41)

5

The Children Act 1989 is amended as follows.

6

In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

7

In section 16 (family assistance orders), in subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

8

• (1) Section 26 (review of cases etc) is amended as follows.

• (2) In subsection (2A)(c) after “Service” insert “ or a Welsh family proceedings officer ”.

• (3) After subsection (2C) insert—

(2D) The power to make regulations in subsection (2C) is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the National Assembly for Wales.

9

• (1) Section 41 (representation of child) is amended as follows.

• (2) In subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

• (3) In subsections (2) and (4)(a), after “officer of the Service” insert “ or Welsh family proceedings officer ”.

• (4) In subsection (10)—

• (a) in paragraphs (a) and (b), after “officer of the Service” insert “ or Welsh family proceedings officer ”;

• (b) in paragraph (c), after “officers of the Service” insert “ or Welsh family proceedings officers ”.

• (5) In subsection (11), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.

10

In section 42 (rights of officers of the Service), in subsections (1) and (2), after “an officer of the Service” insert “ or Welsh family proceedings officer ”.

11

In section 105(1) (interpretation), at the end insert—

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.

Criminal Justice and Court Services Act 2000 (c. 43)

12

The Criminal Justice and Court Services Act 2000 is amended as follows.

13

In section 12 (principal functions of CAFCASS), in subsection (1), after “the welfare of children” insert “ other than children ordinarily resident in Wales ”.

14

In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute “ nine ”.

Adoption and Children Act 2002 (c. 38)

15

The Adoption and Children Act 2002 is amended as follows.

16

• (1) Section 102 (officers of the Service) is amended as follows.

• (2) In subsection (1), at the end insert “ or a Welsh family proceedings officer ”.

• (3) In subsection (7), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.

• (4) After that subsection insert—

(8) In this section and section 103 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.

17

In section 103 (rights of officers of the Service), in subsections (1) and (2), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.

Sexual Offences Act 2003 (c. 42)

18

In section 21 of the Sexual Offences Act 2003 (positions of trust), in subsection (12)(a), after “officer of the Service” insert “ or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.

SCHEDULE 4

1

Part 10A of the Children Act 1989 (c. 41) is amended as follows.

Amendments relating to child minding and day care

Conditions imposed by justice of the peace or tribunal

2

• (1) In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute “ under this Part ”.

• (2) In section 79G(2), omit “under section 79F(3)”.

Application fees

3

• (1) In section 79E(2), at the end insert—

(c) be accompanied by the prescribed fee.

• (2) In section 79F(1) and (2)—

• (a) after “on an application” insert “ under section 79E ”;

• (b) omit paragraph (b) and the preceding “and”.

Fees payable by registered persons

4

• (1) In section 79G(1), for “an annual fee” substitute “ a fee ”.

• (2) In Schedule 9A—

• (a) in the heading before paragraph 7, omit “Annual”;

• (b) in paragraph 7, for the words from “at prescribed times” to the end substitute “ , at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by the registration authority of its functions under Part XA. ”

Waiver of disqualification

5

In Schedule 9A, in paragraph 4(3A)—

• (a) after “disqualified for registration” insert “ (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5)) ”;

• (b) in paragraph (b), omit “to his registration”.

Amendments relating to day care only

Qualification for registration

6

In section 79B(4)—

• (a) for paragraphs (a) and (b) substitute—

(a) he has made adequate arrangements to ensure that— (i) every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and (ii) every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight; (b) the responsible individual— (i) is suitable to look after children under the age of eight, or (ii) if he is not looking after such children, is suitable to be in regular contact with them;

;

• (b) in subsection (5), for “(4)(b)” substitute “ (4)(a) ”;

• (c) after subsection (5) insert—

(5ZA) For the purposes of subsection (4), “the responsible individual” means— (a) in a case of one individual working on the premises in the provision of day care, that person; (b) in a case of two or more individuals so working, the individual so working who is in charge.

Hotels etc

7

In Schedule 9A, after paragraph 2 insert—

(2A) (1) Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where— (a) the provision takes place only between 6 pm and 2 am; and (b) the person providing the care is doing so for no more than two different clients at the same time. (2) For the purposes of sub-paragraph (1)(b), a “client” is a person at whose request (or persons at whose joint request) day care is provided for a child.

Prohibition in respect of disqualified persons

8

In Schedule 9A, in paragraph 4(4)—

• (a) after “or be” insert “ directly ”;

• (b) omit “, or have any financial interest in,”.

Unincorporated associations

9

In Schedule 9A, after paragraph 5 insert—

(5A) (1) References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association. (2) Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members). (3) For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate. (4) In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate. (5) A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association. (6) If an offence under Part XA committed by an unincorporated association is shown— (a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or (b) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.

SCHEDULE 5

Part 1 — Plans

Part 2 — Child minding and day care

Part 3 — Inspection of local education authorities

Part 4 — Social services committees and departments

Part 5 — Reasonable punishment

Part 6 — Child safety orders

General function

Annual reports

Co-operation to improve well-being

9A

• (1) The Secretary of State may, in accordance with regulations, set safeguarding targets for a local authority in England.

• (2) The regulations may, in particular—

• (a) make provision about matters by reference to which safeguarding targets may, or must, be set;

• (b) make provision about periods to which safeguarding targets may, or must, relate;

• (c) make provision about the procedure for setting safeguarding targets;

• (d) specify requirements with which a local authority in England must comply in connection with the setting of safeguarding targets.

• (3) In exercising their functions, a local authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.

• (4) “Safeguarding targets”, in relation to a local authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.

Children's Trust Boards

12A

• (1) Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.

• (2) A Children's Trust Board must include a representative of each of the following—

• (a) the establishing authority;

• (b) each of the establishing authority's relevant partners (subject to subsection (4)).

• (3) A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.

• (4) A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.

• (5) Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).

• (6) Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.

• (7) For the purposes of this section and sections 12B and 12C—

• (a) “ the establishing authority ”, in relation to a Children's Trust Board, is the local authority that establishes the Board;

• (b) a person or body is a “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10

otherwise than by virtue of section 10(4)(da) or (db)

12B

• (1) The functions of a Children's Trust Board are—

• (a) those conferred by or under section 17 or 17A (children and young people's plans);

• (b) any further functions conferred by regulations made by the Secretary of State.

• (2) Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.

• (3) In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).

• (4) A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—

• (a) the procedures to be followed by it;

• (b) the exercise of its functions.

• (5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

Funding of CTBs

12C

• (1) The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—

• (a) by making the payments directly; or

• (b) by contributing to a fund out of which the payments may be made.

• (2) The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.

• (3) Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.

• (4) A pooled fund is a fund—

• (a) which is made up of contributions by the Boards concerned, and

• (b) out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.

12D

• (1) A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.

• (2) Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.

• (3) Information requested under subsection (1) must be information that relates to—

• (a) the person or body to whom the request is made;

• (b) a function of that person or body, or

• (c) a person in respect of whom a function is exercisable by that person or body.

14A

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

14B

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

15A

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

LSCBs: supplementary

17A

• (1) This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.

• (2) The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.

• (3) The Board must—

• (a) monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan;

• (b) prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.

Advisory board

Functions and procedure of LSCBs in Wales

Functions of the Assembly relating to family proceedings

Ancillary powers of the Assembly

32A

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

Co-operation to improve well-being

Co-operation to improve well-being

Power to establish registration scheme in England

Functions and procedures of CTBs

Inspection of local education authorities

Duty of local authorities to promote educational achievement

Lead member for children’s services

Information about individual children

Social services committees

Social services committees

Director of children’s services

Lead member for children’s services

Power to give financial assistance

Functions of the Assembly relating to family proceedings

Inspection of local education authorities

Power to establish registration scheme in England

Power to establish registration scheme in Wales

Status

General powers

Appointment and tenure of office

Remuneration

Staff

Pensions

Funding

Accounts

Evidence

Protection from defamation actions

Regulated position

Disqualifications

Children and Young Persons Act 1933 (c. 12)

Local Authority Social Services Act 1970 (c. 42)

Local Government and Housing Act 1989 (c. 42)

Education Act 1996 (c. 56)

Crime and Disorder Act 1998 (c. 37)

Protection of Children Act 1999 (c. 14)

Criminal Justice and Court Services Act 2000 (c. 43)

Criminal Justice Act 2003 (c. 44)

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

Child Abduction and Custody Act 1985 (c. 60)

Children Act 1989 (c. 41)

Criminal Justice and Court Services Act 2000 (c. 43)

Adoption and Children Act 2002 (c. 38)

Sexual Offences Act 2003 (c. 42)

Conditions imposed by justice of the peace or tribunal

Application fees

Fees payable by registered persons

Waiver of disqualification

Qualification for registration

Hotels etc

Prohibition in respect of disqualified persons

Unincorporated associations

These repeals come into force—

These repeals come into force—

This repeal comes into force—

These repeals come into force—

This repeal comes into force at the same time as section 58.

These repeals come into force at the same time as section 60.

Editorial notes

[^c20890271]: S. 11 not in force at Royal Assent see s. 67(2); s. 11 in force at 1.3.2005 for certain purposes for E. and at 1.10.2005 otherwise for E. by S.I. 2005/394, art. 2(1)(4)

[^c20890281]: S. 10 not in force at Royal Assent see s. 67(2); s. 10 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2)

[^c20890291]: S. 12 not in force at Royal Assent see s. 67(2); s. 12 in force for E. at 1.1.2006 by S.I. 2005/3464, art. 2

[^c20891121]: S. 17 not in force at Royal Assent see s. 67(2); s. 17 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[^c20891131]: S. 18 not in force at Royal Assent see s. 67(2); s. 18 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2)

[^c20891161]: S. 20 not in force at Royal Assent see s. 67(2); s. 20 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[^c20891171]: S. 21 not in force at Royal Assent see s. 67(2); s. 21 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[^c20891181]: S. 22 not in force at Royal Assent see s. 67(2); s. 22 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[^c20891191]: S. 23 not in force at Royal Assent see s. 67(2); s. 23 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[^c20891241]: S. 25 not in force at Royal Assent see s. 67(3); s. 25 in force for W. at 1.9.2006 by S.I. 2006/870, art. 2

[^c20891271]: S. 27 not in force at Royal Assent see s. 67(3); s. 27 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20891281]: S. 28 not in force at Royal Assent see s. 67(3); s. 28(1)(a)-(c)(i)(3)(4) in force for W. and s. 28(2) in force for W. for certain purposes at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20891501]: S. 30 not in force at Royal Assent see s. 67(3); s. 30 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

[^c20892451]: S. 44 wholly in force at 1.4.2006; s. 44 not in force at Royal Assent see s. 67(7); s. 44 in force for E. for certain purposes at 1.4.2005 and in force at 1.7.2005 in so far as not yet in force by S.I. 2005/394, art. 2(2)(3); s. 44 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895501]: S. 50 wholly in force at 1.10.2006; s. 50 not in force at Royal Assent see s. 67(7); s. 50 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 50 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

[^c20895511]: S. 52 wholly in force at 1.10.2006; s. 52 not in force at Royal Assent see s. 67(7); s. 52 in force for E. at 1.7.2005 by S.I. 2005/394, art. 2(3); s. 52 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

[^c20895521]: S. 53 wholly in force at 1.4.2006; s. 53 not in force at Royal Assent see s. 67(7); s. 53 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 53 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895541]: S. 54 wholly in force at 1.4.2006; s. 54 not in force at Royal Assent see s. 67(7); s. 54 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 54 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895571]: S. 55 wholly in force at 1.4.2006; s. 55 not in force at Royal Assent see s. 67(7); s. 55 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); s. 55 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895591]: S. 56 partly in force; s. 56 not in force at Royal Assent see s. 67(7); s. 56 in force for E. for certain purposes at 1.4.2006 by S.I. 2006/927, art. 2(b); s. 56 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

[^c20895601]: S. 57 wholly in force at 30.12.2005; s. 57 not in force at Royal Assent see s. 67(7); s. 57 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 57 in force for W. at 30.12.2005 by S.I. 2005/3363, art. 2

[^c20895611]: S. 61 not in force at Royal Assent see s. 67(7); s. 61 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895621]: Sch. 4 para. 2 wholly in force at 1.4.2006; Sch. 4 para. 2 not in force at Royal Assent see s. 67(7); Sch. 4 para. 2 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 2 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895631]: Sch. 4 para. 3 wholly in force at 1.4.2006; Sch. 4 para. 3 not in force at Royal Assent, see s. 67; Sch. 4 para. 3 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 4 para. 3 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895651]: Sch. 4 para. 4 wholly in force at 1.4.2006; Sch. 4 para. 4 not in force at Royal Assent, see s. 67; Sch. 4 para. 4 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 4 para. 4 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895671]: Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent see s. 67(7); Sch. 4 para. 5 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1)

[^c20895681]: Sch. 4 para. 6 wholly in force at 1.4.2006; Sch. 4 para. 6 not in force at Royal Assent, see s. 67; Sch. 4 para. 6 in force for E. at 3.10.2005 by S.I. 2005/2298, art. 2(1) (with savings in art. 2(2)); Sch. 4 para. 6 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895691]: Sch. 4 para. 7 wholly in force at 1.4.2006; Sch. 4 para. 7 not in force at Royal Assent see s. 67(7); Sch. 4 para. 7 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 7 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895701]: Sch. 4 para. 8 wholly in force at 1.4.2006; Sch. 4 para. 8 not in force at Royal Assent see s. 67(7); Sch. 4 para. 8 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 8 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895711]: Sch. 4 para. 9 wholly in force at 1.4.2006; Sch. 4 para. 9 not in force at Royal Assent see s. 67(7); Sch. 4 para. 9 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 4 para. 9 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895721]: Sch. 5 Pt. 1 wholly in force at 31.7.2008; Sch. 5 Pt. 1 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 1 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 5 Pt. 1 in force for W. for certain purposes at 1.4.2006 and for certain further purposes at 1.9.2006 by S.I. 2006/885, art. 2(2)(3); Sch. 5 Pt. 1 otherwise in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2

[^c20895931]: Sch. 5 Pt. 2 wholly in force at 1.4.2006; Sch. 5 Pt. 2 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 2 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 5 Pt. 2 in force for E. otherwise at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 5 Pt. 2 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895941]: Sch. 5 Pt. 3 wholly in force at 31.7.2008; Sch. 5 Pt. 3 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 3 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); Sch. 5 Pt. 3 in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2

[^c20895951]: Sch. 5 Pt. 4 wholly in force at 1.4.2006; Sch. 5 Pt. 4 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 4 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); Sch. 5 Pt. 4 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

[^c20895961]: Sch. 5 Pt. 6 wholly in force at 1.3.2005; Sch. 5 Pt. 6 not in force at Royal Assent see s. 67; Sch. 5 Pt. 6 in force at 1.3.2005 by S.I. 2005/394, art. 2(1)(j)

[^c20895981]: S. 12(8)(a) substituted (6.4.2007) by Childcare Act 2006 (c. 21), ss. 103(1), 109(2), Sch. 2 para. 43; S.I. 2007/1019, art. 4 (with Sch. para. 7)

[^c20896031]: Words in s. 12(4)(e) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 265 (with Sch. 3 Pt. 1)

[^c20896091]: Words in s. 18(2)(e) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 266(a) (with Sch. 3 Pt. 1)

[^c20896111]: Words in s. 18(2)(e) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 266(b) (with Sch. 3 Pt. 1)

[^c20896131]: Word in s. 18(2)(d) repealed (1.4.2007) by Childcare Act 2006 (c. 21), ss. 16(2)(a), 103(2), 109(2), Sch. 3 Pt. 2; S.I. 2007/1019, art. 3

[^c20896191]: S. 18(2)(f) and preceding word inserted (1.4.2007) by Childcare Act 2006 (c. 21), ss. 16(2)(b), 109(2); S.I. 2007/1019, art. 3

[^c20896221]: Word in s. 23(3)(b) repealed (1.4.2007) by Childcare Act 2006 (c. 21), ss. 16(3)(a), 103(2), 109(2), Sch. 3 Pt. 2; S.I. 2007/1019, art. 3

[^c20896231]: S. 23(3)(d) and preceding word inserted (1.4.2007) by Childcare Act 2006 (c. 21), ss. 16(3)(b), 109(2); S.I. 2007/1019, art. 3

[^c20896251]: S. 23(5) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 97; S.I. 2007/935, art. 5

[^c20896271]: S. 24 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 184, 188, Sch. 18 Pt. 5; S.I. 2007/935, art. 5

[^c20896291]: S. 20(4)(b)(c) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 96(2), Sch. 18 Pt. 5; S.I. 2007/935, art. 5

[^c20896341]: Words in s. 20(7) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 96(3)(a); S.I. 2007/935, art. 5

[^c20896361]: Words in s. 20(7) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 96(3)(b); S.I. 2007/935, art. 5

[^c20897431]: Words in s. 29(4)(e) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 267 (with Sch. 3 Pt. 1)

[^c20897501]: S. 38 repealed (30.6.2008) by Education and Inspections Act 2006 (c. 40), ss. 156, 184, 188, Sch. 18 Pt. 5; S.I. 2008/1429, art. 3(2), Sch. Pt. 2

[^c20897871]: S. 10(4)(ca)(cb) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 4(2); S.I. 2008/504, art. 3

[^c20897891]: S. 11(1)(ja) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 4(3); S.I. 2008/504, art. 3