The National Care Standards Commission (Children’s Rights Director) Regulations 2002

Interpretation

2.—(1) In these Regulations—

“the Act” means the Care Standards Act 2000;

“national minimum standards” means statements of national minimum standards published under section 23 of the Act or section 87C of the 1989 Act(1);

“a Part II undertaking” means an establishment or agency in respect of which a person is for the time being required to be registered under Part II of the Act;

“regulated children’s services” means—

(a)

any services provided by or in a Part II undertaking which are provided, or are to be provided, in respect of a child;

(b)

services provided by a local authority in the exercise of relevant adoption functions(2);

(c)

services provided by a local authority in the exercise of relevant fostering functions(3);

(d)

accommodation provided by a school, or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992(4)), in so far as it is provided in respect of a child;

“relevant regulations” means regulations made under the Act or the 1989 Act(5) and applicable to regulated children’s services.

(2) For the purposes of these Regulations, the provider of regulated children’s services is—

(a) in relation to services provided by or in a Part II undertaking, the person who carries on the establishment or agency concerned; and

(b) in relation to accommodation provided by a school or college, the relevant person as defined in section 87(11) of the 1989 Act(6).

(1)

The 1989 Act is defined by section 121(13) of the Care Standards Act 2000 as meaning the Children Act 1989 (c. 41). Section 87C was inserted in the 1989 Act by section 107 of the Care Standards Act 2000.

(2)

See footnote to regulation 1(1)(a).

(3)

Relevant fostering functions are defined by section 43(3)(b) of the Care Standards Act 2000.

(4)

1992 (c. 13).

(5)

The 1989 Act is defined by section 121(13) of the Care Standards Act 2000 as meaning the Children Act 1989 (c. 41).

(6)

Section 87 is amended by section 105 of the Care Standards Act 2000.