The Commission for Social Care Inspection (Children’s Rights Director) Regulations 2004

Interpretation

2.—(1) In these Regulations—

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

“the 2000 Act” means the Care Standards Act 2000(2);

“the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003;

“national minimum standards” means statements of national minimum standards published under section 23 of the 2000 Act or section 87C of the 1989 Act(3);

“a Part 2 undertaking” means an establishment or agency in respect of which a person is for the time being required to be registered by the CSCI(4) under Part 2 of the 2000 Act;

“relevant services” means—

(a)

services provided by or in a Part 2 undertaking which are provided, or are to be provided, in respect of a child;

(b)

English local authority social services(5) provided in respect of a child (including services provided for his family where those services are provided with a view to safeguarding or promoting the child’s welfare(6));

(c)

services provided in respect of a person aged 18 or over (“a young person”) pursuant to sections 23B to 23D and 24 to 24D of the 1989 Act(7);

(d)

accommodation provided by a school, or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992(8)), in so far as it is provided in respect of a child;

“relevant regulations” means any regulations made under the 1989 Act or the 2000 Act and applicable to relevant services.

(2) For the purposes of regulation 3(1)(i), the person providing relevant services is—

(a) in relation to services provided by or in a Part 2 undertaking, the person who carries on the establishment or agency concerned;

(b) in relation to accommodation provided by a school or college, the relevant person as defined in section 87(11) of the 1989 Act(9).

(1)

1989 c. 41.

(2)

2000 c. 14.

(3)

Section 87C was inserted in the Children Act 1989 (“the 1989 Act”) by section 107 of the Care Standards Act 2000 (c. 14) (“the 2000 Act”).

(4)

See section 102(1) and (3) of the 2003 Act which provides for the transfer of functions of the National Care Standards Commission under the 2000 Act to the Commission for Social Care Inspection. The Commission for Social Care Inspection is established pursuant to section 42 of the 2003 Act.

(5)

See section 148 of the 2003 Act for the definition of English local authority social services.

(6)

See Part 3 of the 1989 Act (local authority support for children and families).

(7)

Sections 23B to 23D and 24A to 24D were inserted in the 1989 Act, and section 24 substituted, by the Children (Leaving Care) Act 2000 (c. 35), sections 2(4), 3 and 4.

(8)

1992 (c. 13).

(9)

Section 87 is amended by section 105 of the Care Standards Act 2000.