Part II E+W Establishments and agencies

Modifications etc. (not altering text)

C1 Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2

C2 Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C3 Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3

C4 Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5 Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6 Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

Miscellaneous and supplemental E+W

[F1 30A Notification of matters relating to persons carrying on or managing certain establishments or agencies E+W

(1) This section applies where a person (“P”) is carrying on or managing an establishment or agency mentioned in subsection (6).

(2) If the registration authority—

(a) has decided to adopt a proposal under section 17(4)(a) to cancel the registration of P in respect of the establishment or agency,

[F2 (aa) has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,

(ab) has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,]

(b) has brought proceedings against P for a relevant offence which it alleges P committed in relation to the establishment or agency, F3 . . .

(c) has served a notice on P under section 22B,[F4 or

(d) has given P a penalty notice under section 30ZA in respect of an offence which it alleges P committed in relation to the establishment or agency and P has paid the penalty in accordance with the notice,]

it must as soon as practicable notify each local authority in England and Wales of that fact.

(3) If the registration authority becomes aware of any prescribed circumstances which relate to P it must as soon as practicable notify each local authority in England and Wales of those circumstances.

(4) A notification under this section must contain such information as may be prescribed.

(5) A notification under this section may be transmitted to a local authority electronically if—

(a) the local authority has agreed that notifications may be given to them by being transmitted to an electronic address and in an electronic form specified in the agreement; and

(b) the notification is a notification to which that agreement applies.

(6) The establishments and agencies are—

(a) a children's home;

(b) a residential family centre;

(c) a fostering agency;

(d) a voluntary adoption agency;

(e) an adoption support agency;

(f) a provider of social work services.

(7) In this section—

• “electronic address” includes any number or address used for the purposes of receiving electronic communications;

• “electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;

• “electronically” means in the form of an electronic communication;

• “relevant offence” means an offence under—

  (a)

  this Part;

  (b)

  regulations under this Part;

  (c)

  section 9(4) of the Adoption Act 1976;

  (d)

  regulations under section 9 of the Adoption and Children Act 2002;

• “prescribed” means prescribed by regulations made—

  (a)

  in relation to England, by the Secretary of State;

  (b)

  in relation to Wales, by the Welsh Ministers.]

Textual Amendments

F1 S. 30A inserted (1.9.2009 for E. for certain purposes, 26.4.2010 for W. for certain purposes, 28.3.2011 for W. otherwise, and 1.4.2011 for E. otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 29, 44; S.I. 2009/2273, art. 2(2); S.I. 2010/1329, art. 2; S.I. 2010/2981, art. 4; S.I. 2011/949, art. 3

F2 S. 30A(2)(aa)(ab) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 26(2); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F3 Word at the end of s. 30A(2)(b) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b)(3), Sch. 5 para. 26(3), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F4 S. 30A(2)(d) and preceding word inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 26(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)