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The Children’s Homes Regulations 2001

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Interpretation

2.—(1) In these Regulations—

“the Act” means the Care Standards Act 2000;

“the 1989 Act” means the Children Act 1989(1);

“child protection enquiry” has the meaning given to it by regulation 16(3);

“children’s guide” means the guide produced in accordance with regulation 4(3);

“general practitioner” means a registered medical practitioner who—

(a)

provides general medical services under Part II of the National Health Service Act 1977(2);

(b)

performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997(3); or

(c)

provides services which correspond to services provided under Part II of the National Health Service Act 1977, otherwise than in pursuance of that Act;

“organisation”, other than in regulation 17, means a body corporate or any unincorporated association other than a partnership;

“placement plan” means the written plan prepared in accordance with regulation 12(1);

“placing authority” in relation to a child accommodated in a children’s home means—

(a)

in the case of a child who is looked after by a local authority, that local authority;

(b)

in the case of a child who is not looked after by a local authority—

(i)

if he is being provided with accommodation by a voluntary organisation(4), that voluntary organisation;

(ii)

if he is accommodated in a qualifying school under arrangements made by a local education authority or a local authority, that local education authority or local authority as the case may be;

(iii)

in any other case, the child’s parent(5);

“qualifying school” means a school which is a children’s home within the meaning of section 1(6) of the Act;

“registered dental practitioner” means a person registered in the dentists register under the Dentists Act 1984(6);

“registered manager”, in relation to a children’s home, means a person who is registered under Part II of the Act as the manager of that home;

“registered person”, in relation to a children’s home, means any person who is the registered provider or the registered manager of the home;

“registered provider”, in relation to a children’s home, means a person who is registered under Part II of the Act as the person carrying on that home(7);

“responsible individual” shall be construed in accordance with regulation 6(2)(c); and

“statement of purpose” means the written statement compiled in accordance with regulation 4(1).

(2) In these Regulations, a reference—

(a)to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b)in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c)in a paragraph to a lettered or numbered sub-paragraph, is to the sub-paragraph in that paragraph bearing that letter or number.

(3) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.

(4)

Section 59 of the 1989 Act governs the provision of accommodation for children by voluntary organisations.

(5)

By section 121(1) of the Care Standards Act, “parent” in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him.

(7)

See section 121(6) to (8) of the Care Standards Act 2000 for provision about the persons who are taken to carry on and manage a community home which is provided by a voluntary organisation.

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