The Children’s Homes (Wales) Regulations 2002 No. 327 (W. 40)

PART 1 E+W GENERAL

Interpretation E+W

2.—(1) In these Regulations—

• “the Act” (“y Ddeddf”) means the Care Standards Act 2000;

• “the 1989 Act” (“Deddf 1989”) means the Children Act 1989(1);

• “appropriate office” (“swyddfa briodol”) means in relation to a children’s home—

  (a)

  if an office has been specified under regulation 42 for the area in which the children’s home is situated, that office;

  (b)

  in any other case, any office of the National Assembly;

• “child protection enquiry” (“ymchwiliad amddiffyn plant”) means any enquiry carried out by a local authority in the exercise of any of its functions conferred by or under the 1989 Act relating to the protection of children;

• “children’s guide” (“arweiniad plant”) means the guide referred to in regulation 4;

• “foster parent” (“rhiant maeth”) shall be construed in accordance with section 1(7) of the Act;

• “general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner who—

  (a)

  provides general medical services under Part II of the National Health Service Act 1977(2),

  (b)

  performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997(3); or

  (c)

  provides services which correspond to services provided under Part II of the National Health Service Act 1977, otherwise than in pursuance of that Act;

• [F1 “link worker” (“gweithiwr dolen gyswllt”) means a member of children’s home staff of appropriate seniority with particular responsibility for protecting and promoting the health and educational welfare of an individual child and for liaison with education and health care providers on that child’s behalf ;]

• “National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “organisation” (“corff”), other than in regulation 17(6) where the term shall be construed in accordance with the purpose of the provision in which it is used, means a body corporate;

• [F1 “permanent employee” (“cyflogai parhaol”) means a person employed full or part time by the registered person, including persons employed on a temporary contract of service for a fixed term of not less than six months;]

• “placement plan” (“cynllun lleoliad”) means the plan referred to in regulation 12;

• “placing authority” (“awdurdod lleoli”) in relation to a child accommodated in a children’s home means—

  (a)

  in the case of a child who is looked after by a local authority, that local authority;

  (b)

  in the case of a child who is not looked after by a local authority—

  (i)

  if he is being provided with accommodation by a voluntary organisation(4), that voluntary organisation;

  (ii)

  if he is accommodated in a qualifying school under arrangements made by a local education authority or a local authority, that local education authority or local authority as the case may be;

  (iii)

  in any other case, the child’s parent;

• “qualifying school” (“ysgol gymwys”) means a school which is a children’s home within the meaning of section 1(6) of the Act;

• “registered dental practitioner” (“ymarferydd deintyddol cofrestredig”) means a person registered in the dentists register kept under the Dentists Act 1984(5);

• “registered manager” (“rheolwr cofrestredig”), in relation to a children’s home, means the person who is registered under Part II of the Act as the manager of that home;

• “registered person” (“person cofrestredig”), in relation to a children’s home, means any person who is the registered provider or the registered manager of the home;

• “registered provider” (“darparydd cofrestredig”), in relation to a children’s home, means a person who is registered under Part II of the Act as the person carrying on that home(6);

• [F1 “relevant qualification” (“cymhwyster perthnasol”) means a qualification contained in a list maintained by the National Assembly for the purpose of these Regulations;]

• “responsible individual” (“unigolyn cyfrifol”) has the meaning given to it in regulation 6; and

• “statement of purpose” (“datganiad o ddiben”) means the statement referred to in regulation 4.

(2) In these Regulations, a reference—

(a) to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b) in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(3) In these Regulations, unless the contrary intention appears, references to employing a person include—

(a) employing a person whether or not for payment;

(b) employing a person under a contract of service or a contract for services; and

(c) allowing a person to work as a volunteer;

and references to an employee or to a person being employed shall be construed accordingly.

(4) In these Regulations a reference to a person working at a children’s home shall be taken to include a reference to a person working for the purposes of a children’s home.

Textual Amendments

F1 Words in reg. 2 inserted (1.7.2007) by The Children’s Homes (Wales) (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/311), regs. 1(1), 2(3)

Commencement Information

I1 Reg. 2 in force at 1.4.2002, see reg. 1(1)

(1)

1989 c. 41.

(2)

1977 c. 49.

(3)

1997 c. 46.

(4)

Section 59 of the 1989 Act governs the provision of accommodation for children by voluntary organisations.

(5)

1984 c. 24.

(6)

See section 121(6) to (8) for provision about the persons who are taken to carry on and manage a community home which is provided by a voluntary organisation.