1. Introductory Text

  2. Part I Introductory

    1. Preliminary

      1. 1. Children’s homes.

      2. 2. Independent hospitals etc.

      3. 3. Care homes.

      4. 4. Other basic definitions.

    2. Registration authorities

      1. 5. Registration authorities.

      2. 5A.General duties of Commission for Healthcare Audit and Inspection

      3. 5B.General duties of Commission for Social Care Inspection

      4. 6. National Care Standards Commission.

      5. 7. General duties of the Commission.

      6. 8. General functions of the Assembly.

      7. 9. Co-operative working.

      8. 10. Inquiries.

  3. Part II Establishments and agencies

    1. Registration

      1. 11. Requirement to register.

      2. 12. Applications for registration.

      3. 13. Grant or refusal of registration.

      4. 14. Cancellation of registration.

      5. 14A.Suspension of registration

      6. 15. Applications by registered persons.

      7. 16. Regulations about registration.

    2. Registration procedure

      1. 17. Notice of proposals.

      2. 18. Right to make representations.

      3. 19. Notice of decisions.

      4. 20. Urgent procedure for cancellation etc.

      5. 20A.Urgent procedure for cancellation: Wales

      6. 20B.Urgent procedure for suspension or variation etc: Wales

      7. 21. Appeals to the Tribunal.

    3. Regulations and standards

      1. 22. Regulation of establishments and agencies.

      2. 22A.Power of CIECSS to serve notice where person is failing to comply with regulations

      3. 22B.Notice restricting accommodation at certain establishments

      4. 23. National minimum standards.

    4. Offences

      1. 24. Failure to comply with conditions.

      2. 24A.Offences relating to suspension

      3. 25. Contravention of regulations.

      4. 26. False descriptions of establishments and agencies.

      5. 27. False statements in applications.

      6. 28. Failure to display certificate of registration.

      7. 29. Proceedings for offences.

      8. 30. Offences by bodies corporate.

    5. Penalty notices

      1. 30ZA.Penalty notices

      2. 30ZB.Penalty notices: supplementary provision

    6. Miscellaneous and supplemental

      1. 30A.Notification of matters relating to persons carrying on or managing certain establishments or agencies

      2. 31. Inspections by persons authorised by registration authority.

      3. 32. Inspections: supplementary.

      4. 33. Annual returns.

      5. 34. Liquidators etc.

      6. 35. Death of registered person.

      7. 36. Provision of copies of registers.

      8. 36A. Voluntary adoption agencies: distribution of functions

      9. 37. Service of documents.

      10. 38. Transfers of staff under Part II.

      11. 39. Temporary extension of meaning of “nursing home”.

      12. 40. Temporary extension of meaning of “children’s home”.

      13. 41. Children’s homes: temporary provision about cancellation of registration.

      14. 42. Power to extend the application of Part II.

  4. Part III Local Authority Services

    1. 43. Introductory.

    2. 44. General powers of the Commission.

    3. 45. Inspection by registration authority of adoption and fostering services.

    4. 46. Inspections: supplementary.

    5. 47. Action following inspection.

    6. 48. Regulation of the exercise of relevant fostering functions.

    7. 49. National minimum standards.

    8. 50. Annual returns.

    9. 51. Annual fee.

    10. 52. Contravention of regulations.

    11. 53. Offences: general provisions.

  5. Part IV Social care workers

    1. Preliminary

      1. 54. Care Councils.

      2. 55. Interpretation.

    2. Registration

      1. 56. The register.

      2. 57. Applications for registration.

      3. 58. Grant or refusal of registration.

      4. 58A.Visiting social workers from relevant European States

      5. 59. Removal etc. from register.

      6. 60. Rules about registration.

      7. 61. Use of title “social worker” etc.

    3. Codes of practice

      1. 62. Codes of practice.

    4. Training

      1. 63. Approval of courses etc.

      2. 64. Qualifications gained outside a Council’s area.

      3. 65. Post registration training.

      4. 66. Visitors for certain social work courses.

      5. 67. Functions of the appropriate Minister.

      6. 67A.Exercise by Special Health Authority of functions under s. 67(4)(a)

    5. Miscellaneous and supplemental

      1. 68. Appeals to the Tribunal.

      2. 69. Publication etc. of register.

      3. 70. Abolition of Central Council for Education and Training in Social Work.

      4. 71. Rules.

  6. Part V The Children’s Commissioner for Wales

    1. 72. Children’s Commissioner for Wales.

    2. 72A. Principal aim of the Commissioner

    3. 72B. Review of exercise of functions of Welsh Ministers and other persons

    4. 73. Review and monitoring of arrangements.

    5. 74. Examination of cases.

    6. 75. Obstruction etc.

    7. 75ZA.Working with the Commissioner for Older People in Wales

    8. 75A. Additional power of consideration and representation

    9. 76. Further functions.

    10. 77. Restrictions.

    11. 78. Interpretation.

  7. Part VI Child minding and day care

    1. 79. Amendment of Children Act 1989.

  8. Part VII Protection of children and vulnerable adults

    1. Protection of vulnerable adults

      1. 80. Basic definitions.

      2. 81. Duty of Secretary of State to keep list.

      3. 82. Persons who provide care for vulnerable adults: duty to refer.

      4. 83. Employment agencies and businesses: duty to refer.

      5. 84. Power of registration authority to refer.

      6. 85. Individuals named in the findings of certain inquiries.

      7. 86. Appeals against inclusion in list.

      8. 87. Applications for removal from list.

      9. 88. Conditions for application under section 87.

      10. 89. Effect of inclusion in list.

      11. 90. Searches of list under Part V of Police Act 1997.

      12. 91. Access to list before commencement of section 90.

      13. 92. Persons referred for inclusion in list under Protection of Children Act 1999.

      14. 93. Power to extend Part VII.

    2. The list kept under section 1 of the 1999 Act

      1. 94. Employment agencies and businesses.

      2. 95. Inclusion in 1999 Act list on reference by certain authorities.

      3. 96. Inclusion in 1999 Act list of individuals named in findings of certain inquiries.

      4. 97. Inclusion in 1999 Act list on reference under this Part.

      5. 98. Individuals providing care funded by direct payments.

      6. 99. Transfer from Consultancy Service Index of individuals named in past inquiries.

    3. Restrictions on working with children in independent schools

      1. 100. Additional ground of complaint.

      2. 101. Effect of inclusion in 1996 Act list.

      3. 102. Searches of 1996 Act list.

    4. General

      1. 103. Temporary provision for access to lists.

      2. 104. Suitability to adopt a child: searches of lists.

  9. Part VIII Miscellaneous

    1. Boarding schools and colleges

      1. 105. Welfare of children in boarding schools and colleges.

      2. 106. Suspension of duty under section 87(3) of the 1989 Act.

      3. 107. Boarding schools: national minimum standards.

      4. 108. Annual fee for boarding school inspections.

      5. 109. Inspection of schools etc. by persons authorised by Secretary of State.

    2. Fostering

      1. 110. Extension of Part IX to school children during holidays.

    3. Employment agencies

      1. 111. Nurses Agencies.

    4. Charges for local authority welfare services

      1. 112. Charges for local authority welfare services.

  10. Part IX General and supplemental

    1. Chapter I General

      1. 113. Default powers of appropriate Minister.

      2. 113A.Fees payable under Part 2

      3. 114. Schemes for the transfer of staff.

      4. 115. Effect of schemes.

      5. 116. Minor and consequential amendments.

      6. 117. Transitional provisions, savings and repeals.

    2. Chapter II Supplemental

      1. 118. Orders and regulations.

      2. 118A.Regulations: Wales

      3. 119. Supplementary and consequential provision etc.

      4. 120. Wales.

      5. 121. General interpretation etc.

      6. 122. Commencement.

      7. 123. Short title and extent.

  11. SCHEDULES

    1. SCHEDULE 1

      The Commission and the Councils

      1. Introductory

        1. 1.(1) The authorities for the purposes of this Schedule are...

      2. Status

        1. 2.An authority is not to be regarded as the servant...

      3. General powers

        1. 3.(1) Subject to any directions given by the Secretary of...

      4. General duty

        1. 4.It is the duty of an authority to carry out...

      5. Membership

        1. 5.Each authority is to consist of a chairman and other...

      6. Appointment, procedure etc.

        1. 6.The Secretary of State may by regulations make provision as...

      7. Remuneration and allowances

        1. 7.(1) An authority may pay to its chairman, to any...

      8. Chief officer

        1. 8.(1) There is to be a chief officer of each...

      9. Regional directors

        1. 9.(1) The Secretary of State may direct the Commission to...

      10. Children’s rights director

        1. 10.(1) The Commission shall appoint a children’s rights director who...

      11. Director of private and voluntary health care

        1. 11.(1) The Commission shall appoint a director of private and...

      12. Staff

        1. 12.(1) An authority may appoint such other staff as it...

      13. Delegation of functions

        1. 13.(1) An authority may arrange for the discharge of any...

      14. Arrangements for the use of staff

        1. 14.The Secretary of State may by regulations provide for arrangements...

      15. Training

        1. 15.The Commission may provide training for the purpose of assisting...

      16. Payments to authorities

        1. 16.The Secretary of State may make payments to an authority...

      17. Fees

        1. 17.(1) Subject to the provisions of this Act, the Commission...

      18. Accounts

        1. 18.(1) An authority must keep accounts in such form as...

      19. Reports and other information

        1. 19.(1) As soon as possible after the end of each...

      20. Application of seal and evidence

        1. 20.The application of the seal of an authority must be...

        2. 21.A document purporting to be duly executed under the seal...

      21. General

        1. 22.In Schedule 1 to the Public Records Act 1958 (definition...

        2. 23.In the Schedule to the Public Bodies (Admission to Meetings)...

        3. 24.In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...

        4. 25.In the House of Commons Disqualification Act 1975, in Part...

        5. 26.In the Northern Ireland Assembly Disqualification Act 1975, the same...

        6. 27.In the Government of Wales Act 1998—

    2. SCHEDULE 2

      The Children’s Commissioner for Wales

      1. Status

        1. 1.(1) The Commissioner is to be a corporation sole.

      2. Appointment and tenure of office

        1. 2.Regulations may make provision— (a) as to the appointment of...

      3. Remuneration

        1. 3.The Welsh Ministers shall— (a) pay the Commissioner such remuneration...

      4. Staff

        1. 4.(1) The Commissioner may appoint any staff he considers necessary...

      5. General powers

        1. 5.(1) Subject to any directions given by the Welsh Ministers,...

      6. Estimates

        1. 6.(1) For each financial year after the first, the Commissioner...

      7. Accounts

        1. 7.(1) The Commissioner shall keep proper accounting records.

      8. Reports

        1. 8.Regulations may provide for the Commissioner to make periodic or...

      9. Audit

        1. 9.(1) The accounts prepared by the Commissioner for any financial...

      10. Accounting officer

        1. 10.(1) The accounting officer for the Commissioner’s Office shall be...

      11. Examinations into use of resources

        1. 11.(1) The Auditor General for Wales may carry out examinations...

      12. Examinations by the Comptroller and Auditor General

        1. 12.(1) For the purpose of enabling him to carry out...

      13. Evidence

        1. 13.A document purporting to be duly executed under the seal...

      14. Payments

        1. 14.The Welsh Ministers may make payments to the Commissioner of...

      15. General

        1. 15.In the House of Commons Disqualification Act 1975, in Part...

        2. 16.In the Northern Ireland Assembly Disqualification Act 1975, the same...

        3. 17.(1) Regulations may provide that the office of Children’s Commissioner...

        4. 18.In section 144 of the Government of Wales Act 1998...

    3. SCHEDULE 2A

      Persons subject to review by the Commissioner under section 72B.

      1. 1.Any county council, county borough council or community council in...

      2. 2.Any Health Authority for an area in, or consisting of,...

      3. 2A.Any Local Health Board for an area in, or consisting...

      4. 3.Any National Health Service trust all or most of whose...

      5. 4.The National Council for Education and Training for Wales.

      6. 5.Any further education corporation within the meaning of section 17(1)...

      7. 6.Any higher education corporation within the meaning of section 90(1)...

      8. 7.Any institution in Wales falling within section 91(5)(a) of the...

      9. 8.Any institution in Wales in relation to which a designation...

      10. 9.Any governing body of a school in Wales which is...

      11. 10.Her Majesty’s Chief Inspector of Education and Training in Wales....

      12. 11.Any agricultural wages committee for an area wholly in, or...

      13. 12.A National Park authority for a National Park in Wales....

      14. 13.The Arts Council of Wales.

      15. 14.The Care Council for Wales.

      16. 15.The Countryside Council for Wales.

      17. 16.The National Library of Wales.

      18. 17.The National Museums and Galleries of Wales.

      19. 18.The Qualifications, Curriculum and Assessment Authority for Wales.

      20. 19.The Royal Commission on the Ancient and Historical Monuments of...

      21. 20.The Sports Council for Wales.

      22. 21.The Wales Tourist Board.

      23. 22.The Welsh Development Agency.

      24. 23.The Welsh Language Board.

      25. 24.The Welsh National Board for Nursing, Midwifery and Health Visiting....

    4. SCHEDULE 2B

      Persons whose arrangements are subject to review by the Commissioner under section 73.

      1. 1.The Welsh Ministers, the First Minister for Wales or the...

      2. 2.Any county council or county borough council in Wales.

      3. 3.Any Health Authority for an area in, or consisting of,...

      4. 3A Any Local Health Board for an area in, or...

      5. 4.Any National Health Service trust all or most of whose...

      6. 5.The National Council for Education and Training for Wales.

      7. 6.Any further education corporation within the meaning of section 17(1)...

      8. 7.Any higher education corporation within the meaning of section 90(1)...

      9. 8.Any institution in Wales falling within section 91(5)(a) of the...

      10. 9.Any institution in Wales in relation to which a designation...

      11. 10.Any governing body of a school in Wales which is...

    5. SCHEDULE 3

      Child minding and day care for young children

      1. The following Schedule shall be inserted in the 1989 Act...

    6. SCHEDULE 4

      Minor and consequential amendments

      1. National Assistance Act 1948 (c.29)

        1. 1.(1) Section 26 of the National Assistance Act 1948 (provision...

      2. Mental Health Act 1959 (c.72)

        1. 2.In section 128 of the Mental Health Act 1959 (sexual...

      3. Children and Young Persons Act 1969 (c.54)

        1. 3.In section 23(12) of the Children and Young Persons Act...

      4. Local Authority Social Services Act 1970 (c.42)

        1. 4.In Schedule 1 to the Local Authority Social Services Act...

      5. Adoption Act 1976 (c.36)

        1. 5.(1) The Adoption Act 1976 shall be amended as follows....

      6. Adoption (Scotland) Act 1978 (c.28)

        1. 6.In section 11(2) of the Adoption (Scotland) Act 1978 (restriction...

      7. Magistrates’ Court Act 1980 (c. 43)

        1. 7.In Schedule 6 to the Magistrates’ Court Act 1980 (fees),...

      8. Limitation Act 1980 (c.58)

        1. 8.In section 38 of the Limitation Act 1980 (interpretation)—

      9. Mental Health Act 1983 (c.20)

        1. 9.(1) The Mental Health Act 1983 shall be amended as...

      10. Public Health (Control of Disease) Act 1984 (c.22)

        1. 10.In section 7(4) of the Public Health (Control of Disease)...

      11. Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

        1. 11.In section 2(5)(d) of the Disabled Persons (Services, Consultation and...

      12. Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))

        1. 12.In Article 11(2) of the Adoption (Northern Ireland) Order 1987...

      13. Income and Corporation Taxes Act 1988 (c.40)

        1. 13.In section 155A(6) of the Income and Corporation Taxes Act...

      14. Children Act 1989 (c.41)

        1. 14.(1) The 1989 Act shall be amended as follows.

      15. National Health Service and Community Care Act 1990 (c.19)

        1. 15.In section 48(1) of the National Health Service and Community...

      16. Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)

        1. 16.In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure...

      17. Criminal Justice Act 1991 (c.53)

        1. 17.In section 61(2) of the Criminal Justice Act 1991 (provision...

      18. Water Industry Act 1991 (c.56)

        1. 18.In Schedule 4A to the Water Industry Act 1991 (premises...

        2. 19.In Schedule 4A to the Water Industry Act 1991 (premises...

      19. Local Government Finance Act 1992 (c.14)

        1. 20.In paragraph 7 of Schedule 1 to the Local Government...

      20. Tribunals and Inquiries Act 1992 (c.53)

        1. 21.In Schedule 1 to the Tribunals and Inquiries Act 1992...

      21. Criminal Justice and Public Order Act 1994 (c.33)

        1. 22.In section 2 of the Criminal Justice and Public Order...

      22. Children (Scotland) Act 1995 (c.36)

        1. 23.In section 93 of the Children (Scotland) Act 1995 (interpretation...

      23. Education Act 1996 (c.56)

        1. 24.(1) The Education Act 1996 shall be amended as follows....

      24. Police Act 1997 (c.50)

        1. 25.(1) In section 113(3A) of the Police Act 1997 (criminal...

      25. Protection of Children Act 1999 (c.14)

        1. 26.(1) The Protection of Children Act 1999 shall be amended...

      26. Adoption (Intercountry Aspects) Act 1999 (c.18)

        1. 27.In section 2 of the Adoption (Intercountry Aspects) Act 1999...

      27. Powers of Criminal Courts (Sentencing) Act 2000 (c.6)

        1. 28.(1) The Powers of Criminal Courts (Sentencing) Act 2000 shall...

      28. Amendments of local Acts

        1. 29.(1) Section 16 of the Greater London Council (General Powers)...

        2. 30.(1) Section 10(2) of the Greater London Council (General Powers)...

    7. SCHEDULE 5

      Transitional provisions and savings

      1. Fostering agencies

        1. 1.The appropriate Minister may by regulations provide that, if prescribed...

      2. Voluntary adoption agencies

        1. 2.(1) Where an approval granted to a body, before the...

      3. Children’s Commissioner for Wales

        1. 3.(1) The Part of this Act which relates to the...

    8. SCHEDULE 6

      Repeals