Protection of Children Act 1999

Supplemental U.K.

Prospective

F1 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 10 repealed (2.10.2000) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2000/2544, art. 2(2)(h)

11 Financial provisions. E+W

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State under or by virtue of this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

12 Interpretation. E+W

(1) In this Act—

• “the 1988 Act” means the M1 Education Reform Act 1988;

• “agency for the supply of nurses” has the same meaning as in the M2 Nurses Agencies Act 1957;

• “child” means a person aged under 18;

• “child care organisation” means an organisation—

  (a)

  which is concerned with the provision of accommodation, social services or health care services to children or the supervision of children;

  (b)

  whose activities are regulated by or by virtue of any prescribed enactment; and

  (c)

  which fulfils such other conditions as may be prescribed;

• “child care position” means a position which—

  (a)

  is concerned with the provision of accommodation, social services or health care services to children or the supervision of children;

  (b)

  is such as to enable the holder to have regular contact with children in the course of his duties; and

  (c)

  is not a position within subsection (3) below;

• “the Consultancy Service Index” means the list kept under that name by the Secretary of State;

• “employment”—

  (a)

  means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; and

  (b)

  includes an office established by or by virtue of a prescribed enactment,

  and references to an individual being employed shall be construed accordingly;

• “employment agency” [F2 and “employment business” have the same meanings] as in the M3 Employment Agencies Act 1973;

• “harm” has the same meaning as in section 31 of the M4 Children Act 1989;

• [F3 “local authority” has the same meaning as in the Children Act 1989;]

• “mental impairment” means a state of arrested or incomplete development of mind which includes a significant impairment of intelligence and social functioning;

• “organisation” means a body corporate or unincorporate or an individual who employs others in the course of a business;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the Tribunal” means the tribunal established under section 9 above.

(2) Where part of an organisation fulfils the condition in paragraph (b) of the above definition of “child care organisation” and part of it does not, this Act shall have effect as if the two parts were separate organisations.

(3) A position is within this subsection if—

(a) employment or further employment in it may be prohibited or restricted by regulations made under section 218(6) of the 1988 Act; and

(b) it is not a position at an independent school which is a children’s home for the purposes of Part VIII of the Children Act 1989.

[F4 (3A) For the purposes of this Act, an individual is made redundant if—

(a) he is dismissed; and

(b) for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.]

(4) Regulations under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F2 S. 12(1): words in definition of 'employment agency' substituted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(4)(a)(i); S.I. 2000/2544, art. 2(2)(g)

F3 S. 12(1): definition of 'local authority' inserted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(4)(a)(ii); S.I. 2000/2544, art. 2(2)(g)

F4 S. 12(3A) inserted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(4)(b); S.I. 2000/2544, art. 2(2)(g)

Marginal Citations

M1 1988 c.40.

M2 1957 c.16.

M3 1973 c.35.

M4 1989 c.41.

13 Transitional provisions. E+W

(1) Where—

(a) an individual who is or has been employed in a child care position has been referred by an organisation to the Secretary of State for inclusion in the Consultancy Service Index;

(b) the reference has not been determined at the commencement of section 2 above; and

(c) any of the conditions mentioned in subsection (2), or the condition mentioned in subsection (3), of that section was fulfilled in relation to the reference,

that section shall apply as if the reference had been a reference made by the organisation under subsection (1) of that section.

(2) For the purposes of subsection (1) above, a reference of an individual for inclusion in that Index is determined only when, following the reference—

(a) the individual is included (otherwise than provisionally) in the Index; or

(b) the Secretary of State determines that he should not be included in it.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 13(3)(4) repealed (2.10.2000) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2000/2544, art. 2(2)(h)

14 Short title, commencement and extent. E+W+N.I.

(1) This Act may be cited as the Protection of Children Act 1999.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(3) This Act, except section 8 and this section, extends to England and Wales only.

(4) Section 8 above and this section extend to Northern Ireland.

Subordinate Legislation Made

P1 Power partly exercised (26.5.2000): 5.6.2000 appointed for specific provisions by S.I. 2000/1459, art. 2; power partly exercised (31.8.2000): 1.9.2000 & 2.10.2000 appointed for specific provisions by S.I. 2000/2337, art. 2(1)(2)