Part IE+W Introductory

PreliminaryE+W

4 Other basic definitions.E+W

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

(2)“Residential family centre” means, subject to subsection (6), any establishment [F1in England] at which—

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

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

(c)the parents are given such advice, guidance or counselling as is considered necessary.

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

(3)“Domiciliary care agency” means, subject to subsection (6), an undertaking which consists of or includes arranging the provision of personal care in their own homes for persons [F2in England] who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

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

(a)an undertaking which consists of or includes discharging functions of local authorities [F3in England] in connection with the placing of children with foster parents; or

(b)a voluntary organisation [F4in England] which places children with foster parents under section 59(1) of the 1989 Act.

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(7)“Voluntary adoption agency” means an adoption society within the meaning of the [F6the Adoption and Children Act 2002] which is a voluntary organisation within the meaning of that Act [F7whose principal office is in England].

[F8(7A)“Adoption support agency” [F9means an undertaking in England which is an adoption support agency within] the meaning given by section 8 of the Adoption and Children Act 2002.]

(8)Below in this Act—

[F10(a)any reference to a description of establishment is a reference to—

(i)a children's home [F11in England],

(ii)a children's home [F12in England] providing accommodation for the purpose of restricting liberty,

(iii)an independent hospital in Wales,

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

(v)an independent clinic in Wales,

F13(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)a residential family centre [F14in England];]

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

[F15(9)Below in this Act—

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

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

F16(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(v)a voluntary adoption agency, or

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

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

F17(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Words in s. 4(7) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 104 (with Sch. 4 paras. 6-8); S.I 2005/2213, {art. 2}

F8S. 4(7A) inserted (7.12.2004 for E. for certain purposes and 30.12.2005 otherwise) by Adoption and Children Act 2002 (c. 38), ss. 8(3)(a), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2; S.I 2005/2213, {art. 3}; S.I. 2005/3112, art. 2

F17S. 4(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 93(1), 115(7); S.I. 2015/994, art. 6(q)

Commencement Information

I1S. 4 wholly in force at 30.4.2003; s. 4 not in force at Royal Assent see s. 122; s. 4 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 4 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(ii)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(4) in force for E. and s. 4(1)(6)(8)(9) in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(b) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(1)(9) in force for E. for certain purposes, s. 4(2)(3)(5) in force for E. and s. 4(6)(8) in force for E. in so far as not already in force at 1.4.2003 by S.I. 2001/3852, arts. 1(4), 3(2)(8)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 4(7)(9) in force for E. for certain purposes at 25.2.2003 and otherwise in force for E. at 30.4.2003 by S.I. 2003/365, art. 3(1)(3)-(5) (subject to Sch.)