Legalize / United Kingdom / Statutory-Instrument

The Children’s Homes (England) Regulations 2015

Type Statutory-Instrument

Publication 2015-03-04

Last updated 2022-07-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(c) a person involved in preparing the care plan of any child placed at the home, or a person responsible for managing or supervising that person;

(d) a person responsible for commissioning or financing services provided by the home;

(e) a person with a financial interest in the home;

(f) the responsible individual (if one is nominated); or

(g) a person who has, or has had, a connection with—

(i) the registered person;

(ii) a person working at the home; or

(iii) a child,

which the registered provider considers to give rise to doubts about that person's impartiality (for the purposes of producing the independent person's report – see regulation 44).

(4) An employee of the registered provider is not, by reason only of that employment, disqualified under paragraph (3)(a), (b) or (g) from appointment as an independent person if the employee is employed solely to examine and scrutinise critically—

(a) the way that a home is carried on or managed; and

(b) the quality of care provided for children.

(5) If the registered provider is a local authority, a person appointed by the authority as an independent reviewing officer is not, by reason only of that appointment, disqualified under paragraph (3)(a), (c) or (g) from appointment as an independent person in relation to a home carried on by that authority or any other authority.

(6) The independent person must declare any actual or potential conflict of interest (whether of the type mentioned in paragraph (3) or otherwise) to the registered provider without delay and, if reasonably practicable, before conducting a visit to the home.

(7) If the registered provider becomes aware of a potential conflict of interest in relation to the independent person before or during the independent person visiting the home (see regulation 44), the registered provider must—

(a) make arrangements to cancel the visit without delay; and

(b) appoint a different independent person to visit the home.

Independent person: visits and reports

44

(1) The registered person must ensure that an independent person visits the children's home at least once each month.

(2) When the independent person is carrying out a visit, the registered person must help the independent person—

(a) if they consent, to interview in private such of the children, their parents, relatives and persons working at the home as the independent person requires; and

(b) to inspect the premises of the home and such of the home's records (except for a child's case records, unless the child and the child's placing authority consent) as the independent person requires.

(3) A visit by the independent person to the home may be unannounced.

(4) The independent person must produce a report about a visit (“the independent person's report”) which sets out, in particular, the independent person's opinion as to whether—

(a) children are effectively safeguarded; and

(b) the conduct of the home promotes children's well-being.

(5) The independent person's report may recommend actions that the registered person may take in relation to the home and timescales within which the registered person must consider whether or not to take those actions.

(6) If the independent person becomes aware of a potential conflict of interest (whether under regulation 43(3) or otherwise) after a visit to the home, the independent person must include in the independent person's report—

(a) details of the conflict of interest; and

(b) the reasons why the independent person did not notify the registered provider of the conflict of interest before the visit.

(7) The independent person must provide a copy of the independent person's report to—

(a) HMCI;

(b) upon request, the local authority for the area in which the home is located;

(d) the registered provider and, if applicable, the registered manager; and

(e) the responsible individual (if one is nominated).

Review of quality of care

45

(1) The registered person must complete a review of the quality of care provided for children (“a quality of care review”) at least once every 6 months.

(2) In order to complete a quality of care review the registered person must establish and maintain a system for monitoring, reviewing and evaluating—

(a) the quality of care provided for children;

(b) the feedback and opinions of children about the children's home, its facilities and the quality of care they receive in it; and

(c) any actions that the registered person considers necessary in order to improve or maintain the quality of care provided for children.

(3) After completing a quality of care review, the registered person must produce a written report about the quality of care review and the actions which the registered person intends to take as a result of the quality of care review (“the quality of care review report”).

(4) The registered person must—

(a) supply to HMCI a copy of the quality of care review report within 28 days of the date on which the quality of care review is completed; and

(b) make a copy of the quality of care review report available on request to a placing authority, if the placing authority is not the parent of a child accommodated in the home.

(5) The system referred to in paragraph (2) must provide for ascertaining and considering the opinions of children, their parents, placing authorities and staff.

Review of premises

46

(1) The registered person must review the appropriateness and suitability of the location of the premises used for the purposes of the children's home at least once in each calendar year taking into account the requirement in regulation 12(2)(c) (the protection of children standard).

(2) When conducting the review, the registered person must consult, and take into account the views of, each relevant person.

Financial position

47

(1) The registered provider must carry on the children's home in such manner as is likely to ensure that the home will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.

(2) The registered person must—

(a) ensure that adequate financial records are maintained and kept up to date in respect of the home; and

(b) supply a copy of the financial records and most recent accounts to HMCI at HMCI's request.

(3) The registered person must provide HMCI with such information as HMCI may require for the purpose of considering the financial viability of the home, including—

(a) the annual accounts of the home certified by an accountant;

(b) a reference from a bank expressing an opinion as to the registered provider's financial standing;

(d) where the registered provider is a company, information as to any of its associated companies; and

(e) a certificate of insurance for the registered provider in respect of liability which may be incurred by the registered provider in relation to the home in respect of damage, death, injury, public liability or other loss.

(4) For the purposes of this regulation a company is an associated company of another company if one of the companies has control of the other company or both companies are under the control of the same person.

PART 7 — Miscellaneous

Notice of absence

48

(1) If the person who is in day-to-day charge of the children's home proposes to be absent from the home for a continuous period of 28 days or more, the registered person must give notice in writing to HMCI of the proposed absence.

(2) Except in the case of an emergency or unforeseen absence, a notice under paragraph (1) must—

(a) be given no later than one month before the proposed absence commences, or within such shorter period as may be agreed with HMCI; and

(b) specify with respect to the proposed absence—

(i) its length or expected length;

(ii) the reason for it;

(iii) the arrangements which have been made for running the home during the absence;

(iv) the address, name and qualifications of the person who will be responsible for the home during the absence; and

(v) in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the home during the absence, including the proposed date by which the appointment is to be made.

(3) If the absence arises as a result of an emergency or is unforeseen, the registered person must give notice of the absence—

(a) within one week of the beginning of the absence; and

(b) specifying the matters in paragraph (2)(b).

(4) If the notice required under paragraph (2) or (3) has not been given as required, it must be given without delay.

(5) The registered person must notify HMCI of the return to duty of the person in day-to-day charge of the home not later than 7 days after the date of that person's return.

Notice of changes

49

The registered person must give notice in writing to HMCI, as soon as it is reasonably practicable to do so, if any of the following events take place or are expected by the registered person to take place—

(a) a person other than the registered person carries on or manages the children's home;

(b) a person ceases to carry on or manage the home;

(i) the individual's name changes;

(ii) a trustee in bankruptcy is appointed;

(iii) the individual makes a composition or arrangement with the individual's creditors;

(d) if the registered provider is a partnership, any change in the membership of the partnership;

(e) if the registered provider is an organisation—

(i) the organisation's name or address changes;

(ii) any change of director, manager, secretary or other similar officer of the organisation;

(iii) any change in the identity of the responsible individual;

(f) if the registered provider is a company, a liquidator or a provisional liquidator, a manager or a receiver is appointed;

(g) the premises of the home are significantly altered or extended, or additional premises are acquired.

Appointment of liquidators etc.

50

(1) This regulation applies to a person appointed (“the appointed person”) as—

(a) the manager or receiver of the property of a company or partnership which is the registered provider of a children's home;

(b) a liquidator or provisional liquidator of a company which is the registered provider of a home; or

(2) The appointed person must—

(a) have regard to children's welfare when acting in relation to the operation of the home and its future;

(b) without delay, notify HMCI of the appointed person's appointment and the reasons for it;

(d) not more than 28 days after the appointed person's appointment, notify HMCI of the appointed person's intentions regarding the future operation of the home.

Death of registered person

51

(1) If—

(a) more than one person is registered in respect of a children's home; and

(b) a registered person dies,

the other registered person must notify HMCI of the death in writing without delay.

(2) If only one person is registered in respect of a home, and that person dies, that person's personal representatives must notify HMCI in writing—

(a) without delay, of the death; and

(b) within 28 days, of their intentions regarding the future running of the home.

(3) The personal representatives of a deceased registered provider—

(a) may carry on the home without being registered in respect of it—

(i) for a period not exceeding 28 days;

(ii) for such further period as may be determined in accordance with paragraph (4);

(b) must appoint a person to take day-to-day charge of the home during any period in which they carry on the home without being registered in respect of it; and

(4) HMCI—

(a) may extend the period in paragraph (3)(a)(i) by such further period, not exceeding one year, as HMCI may determine; and

(b) must notify any such determination to the personal representatives in writing.

Application of the Regulations to short breaks and secure children's homes with modifications

52

(1) In the circumstances set out in paragraph (2), these Regulations apply in relation to a child with the modifications set out in paragraphs 1 and 2 of Schedule 5.

(2) The circumstances are that—

(a) the child is not in the care of a local authority; and

(b) the child is placed in a series of short term placements within children's homes (“short breaks”), and—

(i) no single placement is intended to last for more than 17 days;

(ii) at the end of each placement the child returns to the care of the child's parent or a person who is not the child's parent but who has parental responsibility for the child; and

(iii) the short breaks to date do not exceed 75 days in total in any twelve month period.

(3) These Regulations apply in relation to secure children's homes with the modifications set out in paragraphs 3 to 6 of Schedule 5.

Amendments

53

(1) The Care Standards Act 2000 (Registration) (England) Regulations 2010 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “behaviour management policy”, for “regulation 17(2) of the Children's Homes Regulations 2001” substitute “ regulation 35(1) of the Children's Homes (England) Regulations 2015 ”;

(b) in the definition of “children's guide”, for “regulation 4(3) (statement of purpose and children's guide) of the Children's Homes Regulations 2001” substitute “ regulation 2(1) of the Children's Homes (England) Regulations 2015 ”;

(c) in the definition of “placement plan”, for “means the written plan prepared in accordance with regulation 12 or 12A of the Children's Homes Regulations 2001” substitute “ has the meaning given in regulation 2(1) of the Children's Homes (England) Regulations 2015 ”;

(d) in the definition of “statement of purpose”, for “regulation 4(1) of the Children's Homes Regulations 2001” substitute “ regulation 16(1) of the Children's Homes (England) Regulations 2015 ”.

(3) In paragraph 13(b) of Schedule 1 for “regulation 31(1A) of the Children's Homes Regulations 2001” substitute “ regulations 12(2)(c) and 46 of the Children's Homes (England) Regulations 2015 ”.

54

In Schedule 1 to the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 , for “Children's Homes Regulations 2001” substitute “ Children's Homes (England) Regulations 2015 ”.

55

In regulation 4(1)(b) of the Refuges (Children's Homes and Foster Placements) Regulations 1991 , for “Parts III to V of the Children's Homes Regulations 2001” substitute “ Parts 2 and 4 to 6 of the Children's Homes (England) Regulations 2015 ”.

Revocations

56

The following regulations are revoked—

(a) the Children's Homes Regulations 2001 ;

(b) the Children's Homes (Amendment) Regulations 2011 .

Review

57

(1) Before 1st April 2020, the Secretary of State must—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

SCHEDULE 1 — Matters to be included in the Statement of Purpose

Quality and purpose of care

1

A statement of the range of needs of the children for whom it is intended that the children's home is to provide care and accommodation.

2

Details of the home's ethos, the outcomes that the home seeks to achieve and its approach to achieving them.

3

A description of the accommodation offered by the home, including—

(a) how accommodation has been adapted to the needs of children;

(b) the age range, number and sex of children for whom it is intended that accommodation is to be provided; and

4

A description of the location of the home.

5

The arrangements for supporting the cultural, linguistic and religious needs of children.

6

Details of who to contact if a person has a complaint about the home and how that person can access the home's complaints policy.

7

Details of how a person, body or organisation involved in the care or protection of a child can access the home's child protection policies or the behaviour management policy.

Views, wishes and feelings

8

A description of the home's policy and approach to consulting children about the quality of their care.

9

A description of the home's policy and approach in relation to—

(a) anti-discriminatory practice in respect of children and their families; and

(b) children's rights.

Education

10

Details of provision to support children with special educational needs.

11

If the home is registered as a school, details of the curriculum provided by the home and the management and structure of the arrangements for education.

12

If the home is not registered as a school, the arrangements for children to attend local schools and the provision made by the home to promote children's educational achievement.

Enjoyment and achievement

13

The arrangements for enabling children to take part in and benefit from a variety of activities that meet their needs and develop and reflect their creative, intellectual, physical and social interests and skills.

Health

14

Details of any healthcare or therapy provided, including—

(a) details of the qualifications and professional supervision of the staff involved in providing any healthcare or therapy; and

(b) information about how the effectiveness of any healthcare or therapy provided is measured, the evidence demonstrating its effectiveness and details of how the information or the evidence can be accessed.

Positive relationships

15

The arrangements for promoting contact between children and their families and friends.

Protection of children

16

A description of the home's approach to the monitoring and surveillance of children.

17

Details of the home's approach to behavioural support, including information about—

(a) the home's approach to restraint in relation to children; and

(b) how persons working in the home are trained in restraint and how their competence is assessed.

Leadership and management

18

The name and work address of—

(a) the registered provider;

(b) the responsible individual (if one is nominated); and

19

Details of the experience and qualifications of staff, including any staff commissioned to provide education or health care.

20

Details of the management and staffing structure of the home, including arrangements for the professional supervision of staff, including staff that provide education or health care.

21

If the staff are all of one sex, or mainly of one sex, a description of how the home promotes appropriate role models of both sexes.

Care planning

22

Any criteria used for the admission of children to the home, including any policies and procedures for emergency admission.

SCHEDULE 2 — Information required in respect of persons seeking to carry on, manage or work at a children's home

1

Proof of identity including a recent photograph.

2

Either—

(a) where the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 , an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes, where applicable, suitability information relating to—

(i) children (within the meaning of section 113BA(2) of the Police Act 1997 );

(ii) vulnerable adults (within the meaning of section 113BB(2) of the Police Act1997 ); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997 .

3

Two written references, including a reference from the person's most recent employer, if any.

4

If a person has previously worked in a position involving work with children or vulnerable adults, verification so far as reasonably practicable of the reason why the employment or position ended.

5

Documentary evidence of any qualifications which the person considers relevant for the position.

6

A full employment history, together with a satisfactory explanation of any gaps in employment, in writing.

SCHEDULE 3 — Information to be included in each child's case records

Personal details in relation to the child

1

The child's name and any name by which the child has previously been known, other than a name used by the child prior to adoption.

2

The child's date of birth and sex.

3

The child's religion, if any.

4

The child's ethnicity, and the child's cultural and linguistic background.

5

The child's address immediately before entering the home.

6

The address, and the type of establishment or accommodation, to which the child is to go when the child ceases to be accommodated in the home.

7

The dates on which any money or valuables are deposited by or on behalf of the child for safekeeping, the amount of money or a description of the valuables, and the dates on which any money is withdrawn, and any valuables are returned.

8

The statutory provision (if any) under which the child is provided with accommodation.

Contact details of certain persons in relation to the child

9

The name (including, where the placing authority is not a parent, the name of an individual who may be contacted), address and telephone number of the child's placing authority.

10

The name, address, telephone number and the religion, if any, of the child's parents.

11

The name, address and telephone number of any social worker assigned to the child by the placing authority.

12

If the child attends a school or college—

(a) the name, address and telephone number of the school or college; and

(b) if the school has a member of staff who has been designated by its governing body under section 20(1) of the Children and Young Persons Act 2008, the name and telephone number of the designated member of staff.

13

The name, address and telephone number of any employer of the child.

Information relating to the care, protection or safety of the child

14

The date and circumstances of all incidents where a child goes missing from the home, including any information relating to the child's whereabouts during the period of absence.

15

The date and circumstances of any measure of control, discipline or restraint used in relation to the child.

16

Arrangements for, and any restrictions on, contact between the child, the child's parents, and any other person.

Plans or reports relating to the child

17

A copy of any EHC plan or statement of special educational needs in relation to the child.

18

Every school report received in respect of the child while the child is accommodated in the home.

19

A copy of any plan for the care of the child prepared by the child's placing authority, and of the placement plan.

20

The date and result of any review of the placing authority's plan for the care of the child, or of the child's placement plan.

Health matters in relation to the child

21

The name of the general medical practitioner with whom the child is a registered patient, the address of the premises at which the child's primary medical services are usually provided and the name and address of the child's registered dental practitioner.

22

Details of any accident or serious illness involving the child while accommodated in the home.

23

Details of any immunisation, allergy, or medical examination of the child and of any medical or dental need or treatment of the child.

24

Details of any health examination or developmental test conducted with respect to the child at, or in connection with, the child's school.

25

Details of any medicines kept for the child in the home, including details of—

(a) any medicines which the child is permitted to self-administer;

(b) the administration of any medicine to the child;

26

Any special dietary or health needs of the child.

SCHEDULE 4 — Other records with respect to children's homes

Register of children

1

A record in the form of a register showing in respect of each child—

(a) the date of the child's admission to the children's home;

(b) the date on which the child ceased to be accommodated in the home;

(d) the child's address on leaving the home;

(e) the child's placing authority; and

(f) the statutory provision (if any) under which the child is accommodated.

Staff, staff rosters, persons residing or working in the home, visitors

2

A record showing in respect of each person working at the home—

(a) the person's full name;

(b) the person's sex;

(d) the person's home address;

(e) the person's qualifications relevant to, and experience of, work involving children;

(f) whether the person works at the home full-time or part-time (whether paid or not), and if part-time, the average number of hours worked per week; and

(g) whether the person resides at the home.

3

A copy of the staff duty roster of persons working at the home, and a record of the actual rosters worked.

4

A record of any persons who reside or work at any time at the home, who are not mentioned in the records kept in accordance with paragraphs 1 or 2.

5

A record of all visitors to the home, and to children, including the names of visitors and the reasons for the visit.

Fire drills

6

A record of every fire drill or fire alarm test conducted, with details of any deficiency in either the procedure or the equipment concerned, together with details of the steps taken to remedy that deficiency.

Accounts

7

Records of all accounts kept in the children's home.

SCHEDULE 5 — Modification of the Regulations for short breaks and secure children's homes

Modifications for short breaks

1

The following regulations do not apply to short breaks—

(a) regulation 5(b) (engaging with the wider system to ensure each child's needs are met);

(b) regulation 8(2)(a)(vi) and (viii) to (x) (the education standard);

(d) regulation 41 (notification with respect to children admitted into, or discharged from, a children's home).

2

Regulation 6(2)(b)(vi) (the quality and purpose of care standard) applies to short breaks as if “that prepare the child to return home, to live in a new placement or to live independently as an adult” were omitted.

Modifications for secure children's homes

3

Regulation 9(2)(a)(iii) (the enjoyment and achievement standard) applies to a secure children's home as if for “and the wider community” there were substituted “ and, to the extent that it is appropriate to do so, to the wider community ”.

4

Regulation 21 (privacy and access) applies to a secure children's home as if—

(a) for “The” at the beginning there were substituted “ Save to the extent that it is necessary to keep children in a secure children's home, the ”;

(b) paragraph (c)(i) and (iv) were omitted.

5

In the case of a youth justice child (whether that youth justice child is looked after or not), references to “placing authority” or “placing authorities” are modified to include the Youth Justice Board for England and Wales or the Secretary of State in the following regulations—

(a) regulation 5(c);

(b) regulation 16(2);

(d) regulation 40(1)(b) and (3)(b);

(e) regulation 41(3)(d);

(f) regulation 44(7)(c); and

(g) regulation 45(4) and (5).

6

In the case of a youth justice child who is not looked after by a local authority, references to “placing authority” or “placing authorities” are modified to include a parent of the youth justice child in the following regulations—

(a) regulation 40(1)(b) and (3)(b);

(b) regulation 41(3)(d); and

Signed

Edward Timpson — Parliamentary Under Secretary of State — 2015-03-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

See section 22(9) of the Care Standards Act 2000 (c.14) for the requirement to consult.

1978 c.30. Section 14A of the Interpretation Act 1978 was inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c.24).

The powers are conferred upon the “appropriate Minister” who is defined in section 121(1) of the Care Standards Act 2000, in relation to England, as the Secretary of State. See section 121(1) of the Care Standards Act 2000 for the definitions of “prescribed” and “regulations”. Section 1(4A) of the Care Standards Act 2000 was inserted by section 95 of, and paragraph 2(3) of Schedule 5 to, the Health and Social Care Act 2008 (c.14). Section 22(1) of the Care Standards Act 2000 was amended by section 103(1) of the Children and Families Act 2014 (c.6, “the C&FA 2014”). Section 22(1A) of the Care Standards Act 2000 was inserted by section 103(2) of the C&FA 2014.

S.I. 2010/959, as amended by: S.I. 2011/581; 2012/1479; 2013/235; 2013/706; 2013/984; 2013/3239; 2014/852; 2014/1556; 2014/1917 and 2014/2103.

1989 c.41.

2006 c.21. Section 18 of the Childcare Act 2006 was amended by S.I. 2010/813 and paragraph 19 of Schedule 1 to the Children and Young Persons Act 2008 (c.23, “the CYPA 2008”).

1983 c.54. Section 34C of the Medical Act 1983 was inserted by paragraph 10 of Schedule 1 to S.I. 2010/234.

Section 25A of the Children Act 1989 was inserted by section 10 of the CYPA 2008.

Regulation 47C of S.I. 2010/959 was inserted by S.I. 2013/706.

S.I. 2011/582.

1984 c.24. Section 14 of the Dentists Act 1984 was substituted by article 6 of S.I. 2005/2011 and amended by regulation 111 of S.I. 2007/3101.

S.I. 1991/1505. Regulation 3 of S.I. 1991/1505 was amended by S.I. 1995/1398 and revoked in relation to Wales by S.I. 2006/2986.

1996 c.56. Section 324 of the Education Act 1996 was amended by: section 140(1) of, and paragraph 77 of Schedule 30 to, the School Standards and Framework Act 1998 (c.31); section 9 of the Special Educational Needs and Disability Act 2001 (c.10); paragraph 43 of Schedule 21 to the Education Act 2002 (c.32) and paragraph 7 of Schedule 2 to S.I. 2010/1158.

Subsection (1A) of the Education Act 1996 was inserted by section 49 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22, “the ASCLA 2009”).

2012 c.10 (“the LASPOA 2012”).

Section 22 of the Children Act 1989 was amended by: section 2 of the Children (Leaving Care) Act 2000 (c.35); paragraph 19 of Schedule 5 to the Local Government Act 2000 (c.22); section 116 of the Adoption and Children Act 2002 (c.38, “the ACA 2002”); section 52 of the Children Act 2004 (c.31, “the CA 2004”); paragraph 6(a) to (c) of Schedule 3 to the CYPA 2008 and section 99 of the C&FA 2014.

“Partnership” is defined in section 1 of the Partnership Act 1890 (c.39). Section 1 was amended by: Part 10 of Schedule 1 to the Statute Law (Repeals) Act 1998 (c.43) and by paragraph 2 of Schedule 1 to S.I. 2009/1941.

A limited liability partnership is a body corporate pursuant to section 1 of the Limited Liability Partnerships Act 2000 (c.12).

1992 c.13. Section 91(3) of the Further and Higher Education Act 1992 was amended by paragraph 13 of Schedule 8 to the ASCLA 2009.

2010 c.32. Section 1B of the Academies Act 2010 was inserted by section 53 of the Education Act 2011 (c.21).

S.I. 2013/1394.

1952 c.52. Section 43 of the Prison Act 1952 was amended by: section 11 to the Criminal Justice Act 1982 (c.48); section 170 of, and Schedules 15 and 16 to, the Criminal Justice Act 1988 (c.33); sections 5, 18 and 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c.33); section 119 of, and paragraph 6 of Schedule 8 to, the Crime and Disorder Act 1998 (c.37); section 165 of, and paragraph 5 of Schedule 9 to, the Powers of the Criminal Courts (Sentencing) Act 2000 (c.6); section 41 of, and paragraph 36 of Schedule 3 to, the Criminal Justice Act 2003 (c.44); section 148 of, and paragraph 3 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c.4, “the CJIA 2008”) and section 105 of, and paragraph 4 of Schedule 12 to, the LASPOA 2012. There are other amendments to section 43 that are not relevant to these Regulations. Sections 59 and 75 of, and Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c.43) also make provision for section 43(1)(a) to be repealed (on a date to be appointed).

2006 c.41. Section 1 of the National Health Service Act 2006 was substituted by section 1 of the Health and Social Care Act 2012 (c.7).

Section 23 was amended by: paragraphs 103 and 110 of Schedule 3 to the ACA 2002; paragraphs 16 and 21 of Schedule 9 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43); section 28 of the CYPA 2008 and section 104 of the C&FA 2014.

Section 23ZB of the Children Act 1989 was inserted by section 16 of the CYPA 2008.

S.I. 2006/1738, as amended by S.I. 2013/985.

Section 51 of the Children Act 1989 was amended by: section 112 of, and paragraph 14 of Schedule 4 to, the Care Standards Act 2000 and S.I. 2013/1465.

2003 c.43.

S.I. 2012/1916, as amended by S.I. 2014/490.

S.I. 2005/1541, as amended by: S.I. 2006/484; 2007/320; 2008/960; paragraph 88 of Schedule 12 to the Energy Act 2013 (c.32); S.I. 2014/469.

2004 c.21, as amended by paragraph 10 of Schedule 2 to the Civil Contingencies Act 2004 (c.36). See section 1 for the definition of “fire and rescue authority”.

1986 c.45. Section 251A of the Insolvency Act 1986 was inserted by Schedule 17 to the Tribunals, Courts and Enforcement Act 2007 (c.15).

2006 c.47 (“the SVGA 2006”). Section 35 was amended by: section 115 of, and Schedules 9 and 10 to, the Protection of Freedoms Act 2012 (c.9, “the PoFA 2012”) and S.I. 2012/3006.

Section 20 of the Children Act 1989 was amended by: paragraphs 54 and 59 of Schedule 3 to the ACA 2002; section 53 of the CA 2004; and paragraphs 1 and 28 of Schedule 2 to the C&FA 2014. Section 21 of the Children Act 1989 was amended by: paragraph 36 of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19); S.I. 2000/90; paragraph 59 to Schedule 3 of the ACA 2002; section 53 of the CA 2004; S.I. 2007/961; paragraphs 34 and 105 of Schedule 4 to the CJIA 2008; paragraph 5 of Schedule 3 the CYPA 2008; Schedules 7 and 8 to the Policing and Crime Act 2009 (c.26, “the PCA 2009”); paragraph 48 of Schedule 5 to the Health and Social Care Act 2012; paragraph 24 to Schedule 12 the LASPOA 2012 and paragraph 28 of Schedule 2 to the C&FA 2014.

Section 31 of the Children Act 1989 was amended by: Schedules 4, 7 and 8 to the Criminal Justice and Court Services Act 2000; section 120 of the ACA 2002; paragraph 35 of Schedule 4 to the CJIA 2008; S.I. 2013/1465 and section 15 of the C&FA 2014.

1970 c.42. Section 1A of the Local Authority Social Services Act 1970 was inserted by section 102 of the Local Government Act 2000 (c.22).

S.I. 2010/2130, as amended by S.I. 2013/446; 2013/706; 2013/1394 and 2013/3239.

S.I. 2006/373, to which there are amendments not relevant to these Regulations.

S.I. 1991/1507, as amended by S.I. 2002/546. There are other amendments which are not relevant to these Regulations.

S.I. 2001/3967, as amended by: S.I. 2002/865; 2002/2469; 2004/664; 2004/865; 2004/3168; 2005/1541; 2006/1738; 2009/1895; 2010/1172; 2011/583; 2012/979; 2012/2404; 2013/235; 2013/706; 2013/1394; 2013/3239 and 2014/2103.

S.I. 2011/583.

S.I. 2002/233. Regulation 5A of S.I. 2002/233 was inserted by S.I. 2006/748 and was amended by: S.I. 2007/1982; 2008/2143; 2009/1882; 2010/817; 2012/2114; 2012/3006; 2012/3016; 2013/1194; 2013/2669 and 2014/955.

1997 c.50 (“the 1997 Act”). Section 113B of the 1997 Act was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15, “the 2005 Act”). Section 113B of the 1997 Act was amended by: paragraph 14 of Schedule 9 to the SVGA 2006; paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52); S.I. 2009/203; Part 8 of Schedule 8 to the PCA 2009; sections 79, 80, 82 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006; and paragraph 60 of Schedule 8 to the Crime and Courts Act 2013 (c.22). There are other amendments to section 113B of the 1997 Act, but none are relevant to these Regulations.

Section 113BA of the 1997 Act was inserted, in relation to England, Wales and Northern Ireland, by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by: Schedule 10 to the PoFA 2012; Section 170 of the Education and Inspections Act 2006 (c.40) and Schedule 1 to the Education and Skills Act 2008 (c.25).

Section 113BB of the 1997 Act was inserted by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by Schedule 10 to the PoFA 2012.

Section 113A of the 1997 Act was inserted by section 163 of the 2005 Act. Section 113A of the 1997 Act was amended by: section 50 of the CJIA 2008; S.I. 2009/203; section 97(2) of, and Schedule 8 to, the PCA 2009; sections 79, 80 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006 and 2013/1200. There are other amendments to section 113A of the 1997 Act, but none are relevant to these Regulations.

Revocations

Review

Editorial notes

See section 22(9) of the Care Standards Act 2000 (c.14) for the requirement to consult.

1978 c.30. Section 14A of the Interpretation Act 1978 was inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c.24).

S.I. 2010/959, as amended by: S.I. 2011/581; 2012/1479; 2013/235; 2013/706; 2013/984; 2013/3239; 2014/852; 2014/1556; 2014/1917 and 2014/2103.

1989 c.41.

2006 c.21. Section 18 of the Childcare Act 2006 was amended by S.I. 2010/813 and paragraph 19 of Schedule 1 to the Children and Young Persons Act 2008 (c.23, “the CYPA 2008”).

1983 c.54. Section 34C of the Medical Act 1983 was inserted by paragraph 10 of Schedule 1 to S.I. 2010/234.

Section 25A of the Children Act 1989 was inserted by section 10 of the CYPA 2008.

Regulation 47C of S.I. 2010/959 was inserted by S.I. 2013/706.

S.I. 2011/582.

1984 c.24. Section 14 of the Dentists Act 1984 was substituted by article 6 of S.I. 2005/2011 and amended by regulation 111 of S.I. 2007/3101.

S.I. 1991/1505. Regulation 3 of S.I. 1991/1505 was amended by S.I. 1995/1398 and revoked in relation to Wales by S.I. 2006/2986.

Subsection (1A) of the Education Act 1996 was inserted by section 49 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22, “the ASCLA 2009”).

2012 c.10 (“the LASPOA 2012”).

A limited liability partnership is a body corporate pursuant to section 1 of the Limited Liability Partnerships Act 2000 (c.12).

1992 c.13. Section 91(3) of the Further and Higher Education Act 1992 was amended by paragraph 13 of Schedule 8 to the ASCLA 2009.

2010 c.32. Section 1B of the Academies Act 2010 was inserted by section 53 of the Education Act 2011 (c.21).

S.I. 2013/1394.

2006 c.41. Section 1 of the National Health Service Act 2006 was substituted by section 1 of the Health and Social Care Act 2012 (c.7).

Section 23ZB of the Children Act 1989 was inserted by section 16 of the CYPA 2008.

S.I. 2006/1738, as amended by S.I. 2013/985.

Section 51 of the Children Act 1989 was amended by: section 112 of, and paragraph 14 of Schedule 4 to, the Care Standards Act 2000 and S.I. 2013/1465.

2003 c.43.

S.I. 2012/1916, as amended by S.I. 2014/490.

S.I. 2005/1541, as amended by: S.I. 2006/484; 2007/320; 2008/960; paragraph 88 of Schedule 12 to the Energy Act 2013 (c.32); S.I. 2014/469.

2004 c.21, as amended by paragraph 10 of Schedule 2 to the Civil Contingencies Act 2004 (c.36). See section 1 for the definition of “fire and rescue authority”.

1986 c.45. Section 251A of the Insolvency Act 1986 was inserted by Schedule 17 to the Tribunals, Courts and Enforcement Act 2007 (c.15).

2006 c.47 (“the SVGA 2006”). Section 35 was amended by: section 115 of, and Schedules 9 and 10 to, the Protection of Freedoms Act 2012 (c.9, “the PoFA 2012”) and S.I. 2012/3006.

1970 c.42. Section 1A of the Local Authority Social Services Act 1970 was inserted by section 102 of the Local Government Act 2000 (c.22).

S.I. 2010/2130, as amended by S.I. 2013/446; 2013/706; 2013/1394 and 2013/3239.

S.I. 2006/373, to which there are amendments not relevant to these Regulations.

S.I. 1991/1507, as amended by S.I. 2002/546. There are other amendments which are not relevant to these Regulations.

S.I. 2011/583.

1997 c.50 (“the 1997 Act”). Section 113B of the 1997 Act was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15, “the 2005 Act”). Section 113B of the 1997 Act was amended by: paragraph 14 of Schedule 9 to the SVGA 2006; paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52); S.I. 2009/203; Part 8 of Schedule 8 to the PCA 2009; sections 79, 80, 82 and 115 of, and Schedules 9 and 10 to, the PoFA 2012; S.I. 2012/3006; and paragraph 60 of Schedule 8 to the Crime and Courts Act 2013 (c.22). There are other amendments to section 113B of the 1997 Act, but none are relevant to these Regulations.

Section 113BB of the 1997 Act was inserted by section 63 of, and paragraph 14 of Schedule 9 to, the SVGA 2006 and was amended by Schedule 10 to the PoFA 2012.

Words in reg. 2(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 182

Words in reg. 22(1)(f) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 183

Words in reg. 41(3)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 184

Word in reg. 26(8)(a)(i) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13

Words in reg. 22(1) substituted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 6(2)(a) (with reg. 8)

Reg. 22(1A)-(1D) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 6(2)(b) (with reg. 8)

Word in reg. 2(1) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(a)(i), 208(4)(t)

100

Words in reg. 2(1) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(a)(ii), 208(4)(t)

101

Reg. 3(1A) omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(b)(ii), 208(4)(t)

102

Words in reg. 3(1)(b) substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(b)(i), 208(4)(t)

103

Words in reg. 40(1)(e) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 81(2)

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