Children and Young Persons Act 2008

29 Notification of matters relating to persons carrying on or managing children's homes etc. E+W

Before section 31 of the 2000 Act, but after the cross-heading which precedes that section, insert—

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

(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,

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

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

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.”

Commencement Information

I1 S. 29 in force at 1.9.2009 for specified purposes for E. by S.I. 2009/2273, art. 2(2)(i)

I2 S. 29 in force at 26.4.2010 for specified purposes for W. by S.I. 2010/1329, art. 2(m)

I3 S. 29 in force at 28.3.2011 for W. so far as not already in force by S.I. 2011/949, art. 3(1)(c)

I4 S. 29 in force at 1.4.2011 for E. so far as not already in force by S.I. 2010/2981, art. 4(k)