National Health Service Act 2006

[F1Weighing and measuring of childrenE+W

Textual Amendments

F1Sch. 1 paras. 7A, 7B and cross-heading inserted (21.7.2008 for specified purposes, 1.10.2008 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 143(1), 170 (with s. 143(2)); S.I. 2008/2497, art. 6

7A(1)[F2A local authority] may F3 ... provide for the weighing and measuring of junior pupils in attendance at any school which is maintained by the authority.E+W

(2)[F2A local authority] may, by arrangement with the proprietor of any school [F4in its area] which is not maintained by [F5the local authority], provide for the weighing and measuring of junior pupils in attendance at that school.

(3)[F2A local authority] may, by arrangement with any person who is registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of early years provision, provide for the weighing and measuring of young children for whom childcare is provided by that person.

(4)In sub-paragraphs (1) and (2) any expression to which a meaning is given for the purposes of the Education Act 1996 or the School Standards and Framework Act 1998 has the same meaning as in that Act; and in sub-paragraph (3) any expression to which a meaning is given for the purposes of Part 3 of the Childcare Act 2006 has the same meaning as in that Part.

Textual Amendments

F2Words in Sch. 1 para. 7A substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(7)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3Words in Sch. 1 para. 7A(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 17(7)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4Words in Sch. 1 para. 7A(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(7)(c)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5Words in Sch. 1 para. 7A(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(7)(c)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

7B(1)The Secretary of State may by regulations—E+W

(a)authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned,

(b)require any weighing and measuring provided for [F6by a local authority] under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements,

(c)make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and

(d)make other provision regulating the processing of information resulting from any weighing or measuring provided for [F7by a local authority] under paragraph 7A [F8and of any other prescribed information relating to the children concerned].

(2)Regulations made under sub-paragraph (1) may require any person exercising functions in relation to any weighing or measuring to which the regulations apply or in relation to information resulting from such weighing or measuring [F9or in relation to information prescribed under sub-paragraph (1)] to have regard to any guidance given from time to time by the Secretary of State.

(3) In sub-paragraph (1)(d), “ processing ”, in relation to information, [F10has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act)].

(4)Regulations under this paragraph cannot include provision by virtue of section 272(8)(a) amending or repealing an Act.]

Textual Amendments

F6Words in Sch. 1 para. 7B(1)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7Words in Sch. 1 para. 7B(1)(d) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8Words in Sch. 1 para. 7B(1)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9Words in Sch. 1 para. 7B(2) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 17(8)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)