SCHEDULES
SCHEDULE 1Children’s Commissioner
Status
1
1
The Children’s Commissioner is to be a corporation sole.
2
The Children’s Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and his property is not to be regarded as property of, or property held on behalf of, the Crown.
General powers
2
1
The Children’s Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.
2
In particular he may—
a
co-operate with other public authorities in the United Kingdom;
b
enter into contracts; and
c
acquire, hold and dispose of any property.
Appointment and tenure of office
3
1
The Children’s Commissioner is to be appointed by the Secretary of State.
2
The Secretary of State must, to such extent and in such manner as he thinks fit, involve children in the appointment of the Children’s Commissioner.
3
Subject to the provisions of this paragraph, a person shall hold and vacate office as the Children’s Commissioner in accordance with the terms and conditions of his appointment as determined by the Secretary of State.
4
An appointment as the Children’s Commissioner shall be for a term not exceeding five years.
5
A person who has held office as the Children’s Commissioner is eligible for reappointment once only.
6
The Children’s Commissioner may at any time resign by notice in writing to the Secretary of State.
7
The Secretary of State may remove the Children’s Commissioner from office if he is satisfied that he has—
a
become unfit or unable properly to discharge his functions; or
b
behaved in a way that is not compatible with his continuing in office.
Remuneration
4
The Secretary of State must—
a
pay the Children’s Commissioner such remuneration and allowances, and
b
pay or make provision for the payment of such pension or gratuities to or in respect of him,
as may be provided under the terms of his appointment.
Staff
5
1
The Children’s Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Children’s Commissioner.
2
During any vacancy in the office of Children’s Commissioner or at any time when the Children’s Commissioner is for any reason unable to act, the deputy Children’s Commissioner shall exercise his functions (and any property or rights vested in the Children’s Commissioner may accordingly be dealt with by the deputy Children’s Commissioner as if vested in him).
3
Without prejudice to sub-paragraph (2), any member of the Children’s Commissioner’s staff may, so far as authorised by him, exercise any of his functions.
Pensions
6
1
In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment etc to which section 1 of that Act applies)—
a
in the list of “Other Bodies”, at the end insert “
Employment by the Children’s Commissioner
”
;
b
in the list of “Offices”, at the appropriate place insert “
Children’s Commissioner
”
.
2
The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Funding
7
The Secretary of State may make payments to the Children’s Commissioner of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.
Accounts
8
1
The Children’s Commissioner must—
a
keep proper accounting records;
b
prepare a statement of accounts for each financial year; and
c
send a copy of each such statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates.
2
The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him under sub-paragraph (1)(c) and must lay copies of the statement and of his report before Parliament.
3
In this paragraph, “financial year” means—
a
the period beginning with the date on which the first Children’s Commissioner is appointed and ending with 31st March next following that date; and
b
each successive period of twelve months ending with 31st March.
Evidence
9
1
A document purporting to be duly executed under the seal of the Children’s Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
2
This paragraph does not extend to Scotland.
Protection from defamation actions
10
For the purposes of the law of defamation—
a
any statement made by the Children’s Commissioner in a report published under this Part has absolute privilege; and
b
any other statement made by the Children’s Commissioner or a member of his staff for the purposes of this Part has qualified privilege.
Regulated position
11
In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) (meaning of “regulated position”), after paragraph (f) insert—
fa
Children’s Commissioner and deputy Children’s Commissioner appointed under Part 1 of the Children Act 2004,
Disqualifications
12
In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “
Children’s Commissioner
”
; “
Member of staff of the Children’s Commissioner
”
.
13
In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “
Children’s Commissioner
”
; “
Member of staff of the Children’s Commissioner
”
.
SCHEDULE 2Director of children’s services: consequential amendments
Children and Young Persons Act 1933 (c. 12)
1
In section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities), in subsection (8), for “or the chief education officer of the authority” substitute “
of the authority, the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)
”
.
Local Authority Social Services Act 1970 (c. 42)
2
1
The Local Authority Social Services Act 1970 is amended as follows.
2
In section 6 (director of social services)—
a
before subsection (1) insert—
A1
A local authority in England shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004.
b
in subsection (1), after “local authority” insert “
in Wales
”
;
c
in subsection (2), after “director of”, in both places, insert “
adult social services or (as the case may be)
”
;
d
in subsection (6), for “a director of social services” substitute “
a person under this section
”
.
3
In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words “Appointment of” insert “
director of adult social services or
”
.
Local Government and Housing Act 1989 (c. 42)
3
In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6)—
a
after “means—” insert—
za
the director of children’s services appointed under section 18 of the Children Act 2004 and the director of adult social services appointed under section 6(A1) of the Local Authority Social Services Act 1970 (in the case of a local authority in England);
b
in paragraph (a), at the end insert “
(in the case of a local authority in Wales)
”
;
c
in paragraph (c) after “director of social services” insert “
(in the case of a local authority in Wales)
”
.
Education Act 1996 (c. 56)
4
1
The Education Act 1996 is amended as follows.
2
In section 532 (appointment of chief education officer), for “A local authority’s duties” substitute “
The duties of a local education authority in Wales
”
.
3
In section 566 (evidence: documents), in subsection (1)(a), for “chief education officer of that authority” substitute “
director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)
”
.
Crime and Disorder Act 1998 (c. 37)
5
1
The Crime and Disorder Act 1998 is amended as follows.
2
In section 8 (responsible officers in relation to parenting orders), in subsection (8)(bb), after “nominated by” insert “
a person appointed as director of children’s services under section 18 of the Children Act 2004 or by
”
.
3
In section 39 (youth offending teams), in subsection (5)—
a
after paragraph (a) insert—
aa
where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;
b
in paragraph (b) for “a social worker of a” substitute “
where the local authority is in Wales, a social worker of the
”
;
c
after paragraph (d) insert—
da
where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;
d
in paragraph (e) insert at the beginning “
where the local authority is in Wales,
”
.
Protection of Children Act 1999 (c. 14)
6
In section 4C of the Protection of Children Act 1999 (restoration to the list) in subsection (1), for “director of social services of a local authority” substitute “
director of children’s services of a local authority in England or a director of social services of a local authority in Wales
”
.
Criminal Justice and Court Services Act 2000 (c. 43)
7
1
The Criminal Justice and Court Services Act 2000 is amended as follows.
2
In section 34 (restoration of disqualification order), in subsection (1), for “a director of social services of a local authority” substitute “
a director of children’s services of a local authority in England or a director of social services of a local authority in Wales
”
.
3
In section 36 (meaning of “regulated position”), in subsection (6)—
a
after paragraph (b) insert—
ba
director of children’s services and director of adult social services of a local authority in England,
b
in paragraph (c) at the end insert “
in Wales
”
;
c
in paragraph (d) at the end insert “
in Wales
”
.
Criminal Justice Act 2003 (c. 44)
8
In section 322 of the Criminal Justice Act 2003 (individual support orders), in the new section 1AA to be inserted in the Crime and Disorder Act 1998 (c. 37), in subsection (10)(b), after “nominated by” insert “
a person appointed as director of children’s services under section 18 of the Children Act 2004 or by
”
.
SCHEDULE 3Advisory and support services for family proceedings
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
1
In section 26 of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation), in subsection (2), after “Criminal Justice and Court Services Act 2000)” insert “
, a Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)
”
.
Child Abduction and Custody Act 1985 (c. 60)
2
The Child Abduction and Custody Act 1985 is amended as follows.
3
In sections 6(a) and 21(a)
(reports), after “an officer of the Service” insert “
or a Welsh family proceedings officer
”
.
4
In section 27 (interpretation), after subsection (5) insert—
5A
In this Act “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004
Children Act 1989 (c. 41)
5
The Children Act 1989 is amended as follows.
6
In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an officer of the Service” insert “
or a Welsh family proceedings officer
”
.
7
In section 16 (family assistance orders), in subsection (1), after “an officer of the Service” insert “
or a Welsh family proceedings officer
”
.
8
1
Section 26 (review of cases etc) is amended as follows.
2
In subsection (2A)(c) after “Service” insert “
or a Welsh family proceedings officer
”
.
3
After subsection (2C) insert—
2D
The power to make regulations in subsection (2C) is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the National Assembly for Wales.
9
1
Section 41 (representation of child) is amended as follows.
2
In subsection (1), after “an officer of the Service” insert “
or a Welsh family proceedings officer
”
.
3
In subsections (2) and (4)(a), after “officer of the Service” insert “
or Welsh family proceedings officer
”
.
4
In subsection (10)—
a
in paragraphs (a) and (b), after “officer of the Service” insert “
or Welsh family proceedings officer
”
;
b
in paragraph (c), after “officers of the Service” insert “
or Welsh family proceedings officers
”
.
5
In subsection (11), after “an officer of the Service” insert “
or a Welsh family proceedings officer
”
.
10
In section 42 (rights of officers of the Service), in subsections (1) and (2), after “an officer of the Service” insert “
or Welsh family proceedings officer
”
.
11
In section 105(1) (interpretation), at the end insert—
“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.
Criminal Justice and Court Services Act 2000 (c. 43)
12
The Criminal Justice and Court Services Act 2000 is amended as follows.
13
In section 12 (principal functions of CAFCASS), in subsection (1), after “the welfare of children” insert “
other than children ordinarily resident in Wales
”
.
14
In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute “
nine
”
.
Adoption and Children Act 2002 (c. 38)
15
The Adoption and Children Act 2002 is amended as follows.
16
1
Section 102 (officers of the Service) is amended as follows.
2
In subsection (1), at the end insert “
or a Welsh family proceedings officer
”
.
3
In subsection (7), after “officer of the Service” insert “
or a Welsh family proceedings officer
”
.
4
After that subsection insert—
8
In this section and section 103 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.
17
In section 103 (rights of officers of the Service), in subsections (1) and (2), after “officer of the Service” insert “
or a Welsh family proceedings officer
”
.
Sexual Offences Act 2003 (c. 42)
18
In section 21 of the Sexual Offences Act 2003 (positions of trust), in subsection (12)(a), after “officer of the Service” insert “
or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)
”
.
SCHEDULE 4Child minding and day care
I11
Part 10A of the Children Act 1989 (c. 41) is amended as follows.
Amendments relating to child minding and day care
Conditions imposed by justice of the peace or tribunal
I22
1
In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute “
under this Part
”
.
2
In section 79G(2), omit “under section 79F(3)”.
Application fees
I33
1
In section 79E(2), at the end insert—
c
be accompanied by the prescribed fee.
2
In section 79F(1) and (2)—
a
after “on an application” insert “
under section 79E
”
;
b
omit paragraph (b) and the preceding “and”.
Fees payable by registered persons
I44
1
In section 79G(1), for “an annual fee” substitute “
a fee
”
.
2
In Schedule 9A—
a
in the heading before paragraph 7, omit “Annual”;
b
in paragraph 7, for the words from “at prescribed times” to the end substitute “
, at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by the registration authority of its functions under Part XA.
”
Waiver of disqualification
I55
In Schedule 9A, in paragraph 4(3A)—
a
after “disqualified for registration” insert “
(and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5))
”
;
b
in paragraph (b), omit “to his registration”.
Amendments relating to day care only
Qualification for registration
I66
In section 79B(4)—
a
for paragraphs (a) and (b) substitute—
a
he has made adequate arrangements to ensure that—
i
every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and
ii
every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;
b
the responsible individual—
i
is suitable to look after children under the age of eight, or
ii
if he is not looking after such children, is suitable to be in regular contact with them;
b
in subsection (5), for “(4)(b)” substitute “
(4)(a)
”
;
c
after subsection (5) insert—
5ZA
For the purposes of subsection (4), “the responsible individual” means—
a
in a case of one individual working on the premises in the provision of day care, that person;
b
in a case of two or more individuals so working, the individual so working who is in charge.
Hotels etc
I77
In Schedule 9A, after paragraph 2 insert—
2A
1
Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where—
a
the provision takes place only between 6 pm and 2 am; and
b
the person providing the care is doing so for no more than two different clients at the same time.
2
For the purposes of sub-paragraph (1)(b), a “client” is a person at whose request (or persons at whose joint request) day care is provided for a child.
Prohibition in respect of disqualified persons
I88
In Schedule 9A, in paragraph 4(4)—
a
after “or be” insert “
directly
”
;
b
omit “, or have any financial interest in,”.
Unincorporated associations
I99
In Schedule 9A, after paragraph 5 insert—
Provision of day care: unincorporated associations
5A
1
References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association.
2
Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
3
For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.
4
In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate.
5
A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association.
6
If an offence under Part XA committed by an unincorporated association is shown—
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
b
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.
SCHEDULE 5Repeals
I10Part 1Plans
Short title and chapter | Extent of repeal |
|---|---|
Children Act 1989 (c. 41) | In Schedule 2, paragraph 1A. |
Education Act 1996 (c. 56) | Section 527A. |
Education Act 1997 (c. 44) | Section 9. |
School Standards and Framework Act 1998 (c. 31) | Section 2. Sections 6 and 7. Sections 26 to 26B. In section 27(2), the words “section 26,”. Section 119(5)(b) and the preceding “and”. Sections 120 and 121. In Schedule 6—
In Schedule 30, paragraph 144. |
Learning and Skills Act 2000 (c. 21) | In Schedule 7—
In Schedule 9, paragraphs 80 and 81. |
Adoption and Children Act 2002 (c. 38) | Section 5. |
Education Act 2002 (c. 32) | In section 150—
|
These repeals come into force—
a
so far as relating to England, in accordance with provision made by order by the Secretary of State;
b
so far as relating to Wales, in accordance with provision so made by the Assembly.
I11Part 2Child minding and day care
Sch. 5 Pt. 2 wholly in force at 1.4.2006; Sch. 5 Pt. 2 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 2 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 5 Pt. 2 in force for E. otherwise at 3.10.2005 by S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); Sch. 5 Pt. 2 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)
Short title and chapter | Extent of repeal |
|---|---|
Children Act 1989 (c. 41) | In section 79F(1) and (2), paragraph (b) and the preceding “and”. In section 79G(2), the words “under section 79F(3)”. In Schedule 9A—
|
These repeals come into force—
a
so far as relating to England, in accordance with provision made by order by the Secretary of State;
b
so far as relating to Wales, in accordance with provision so made by the Assembly.
I12Part 3Inspection of local education authorities
Sch. 5 Pt. 3 wholly in force at 31.7.2008; Sch. 5 Pt. 3 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 3 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); Sch. 5 Pt. 3 in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2
Short title and chapter | Extent of repeal |
|---|---|
Disability Discrimination Act 1995 (c. 50) | Section 28D(6). |
This repeal comes into force—
a
so far as relating to England, in accordance with provision made by order by the Secretary of State;
b
so far as relating to Wales, in accordance with provision so made by the Assembly.
I13Part 4Social services committees and departments
Sch. 5 Pt. 4 wholly in force at 1.4.2006; Sch. 5 Pt. 4 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 4 in force for E. at 1.4.2005 by S.I. 2005/394, art. 2(2); Sch. 5 Pt. 4 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)
Short title and chapter | Extent of repeal |
|---|---|
Children and Young Persons Act 1933 (c. 12) | In section 96(7), the words from “Subject to” to “that committee)”. |
Children and Young Persons Act 1963 (c. 37) | In section 56(2)—
|
Local Authority Social Services Act 1970 (c. 42) | Sections 2 to 5. |
Local Government Act 1972 (c. 70) | Section 101(9)(f). |
Mental Health Act 1983 (c. 20) | In section 14, the words “of their social services department”. |
Police and Criminal Evidence Act 1984 (c. 60) | In section 63B(10), in the definition of “appropriate adult”, the words “social services department”. |
Local Government and Housing Act 1989 (c. 42) | Section 13(2)(c). In Schedule 1, in paragraph 4(2)—
|
Criminal Justice Act 1991 (c. 53) | In sections 43(5) and 65(1)(b) and (1B)(a), the words “social services department”. |
Crime (Sentences) Act 1997 (c. 43) | In section 31(2A)(b), the words “social services department of the”. In Schedule 1, in the table in paragraph 9(6), the words “social services department”. |
Crime and Disorder Act 1998 (c. 37) | The words “social services department” in—
|
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | The words “social services department” in—
|
Local Government Act 2000 (c. 22) | Section 102(1). |
Criminal Justice and Court Services Act 2000 (c. 43) | In section 64(6), in the definition of “appropriate adult”, the words “social services department”. |
Criminal Justice Act 2003 (c. 44) | The words “social services department” in—
|
These repeals come into force—
a
so far as relating to England, in accordance with provision made by order by the Secretary of State;
b
so far as relating to Wales, in accordance with provision so made by the Assembly.
Part 5Reasonable punishment
Short title and chapter | Extent of repeal |
|---|---|
Children and Young Persons Act 1933 (c. 12) | Section 1(7). |
This repeal comes into force at the same time as section 58.
I14Part 6Child safety orders
Sch. 5 Pt. 6 wholly in force at 1.3.2005; Sch. 5 Pt. 6 not in force at Royal Assent see s. 67; Sch. 5 Pt. 6 in force at 1.3.2005 by S.I. 2005/394, art. 2(1)(j)
Short title and chapter | Extent of repeal |
|---|---|
Crime and Disorder Act 1998 (c. 37) | Section 12(6)(a) and (7). |
These repeals come into force at the same time as section 60.
Sch. 5 Pt. 1 wholly in force at 31.7.2008; Sch. 5 Pt. 1 not in force at Royal Assent see s. 67(8); Sch. 5 Pt. 1 in force for E. at 1.3.2005 by S.I. 2005/394, art. 2(1); Sch. 5 Pt. 1 in force for W. for certain purposes at 1.4.2006 and for certain further purposes at 1.9.2006 by S.I. 2006/885, art. 2(2)(3); Sch. 5 Pt. 1 otherwise in force for W. at 31.7.2008 by S.I. 2008/1904, art. 2