The Placement of Children (Wales) Regulations 2007

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” (“y Ddeddf”) means the Children Act 1989;

“the area in which the child is ordinarily resident” (“yr ardal y mae'r plentyn yn preswylio ynddi fel arfer”) means the local authority area in which the child has his or her home;

“area authority” (“awdurdod ardal”) means, in relation to a child who is or is to be placed by one local authority, the local authority in whose area the child is or is to be placed;

“care case” (“achos gofal”) means a case in which the child is looked after by a local authority and subject to a care order, and includes an interim care order;

“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(1);

(b)

performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997(2); 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;

“health care provider” (“darparydd gofal iechyd”) means, in the case of a placement in Wales, a local health board, or in the case of a placement in England, a primary care trust, and in either case where applicable, a national health service trust and in any other case, the equivalent body in the country in which the child is to be placed;

“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;

“panel” (“panel”) means a panel of representatives from such agencies as may assist a responsible authority in planning the placement of a child and in meeting that child’s needs during the placement;

“placement” (“lleoliad”) subject to regulation 14 means—

(a)

the provision of accommodation and maintenance by a local authority for any child whom they are looking after by any of the means specified in section 23(2)(a), (aa) or (f) of the Act (accommodation and maintenance of child looked after by a local authority);

(b)

the provision of accommodation for a child by a voluntary organisation by any of the means specified in section 59(1)(a), (aa) or (f) of the Act (provision of accommodation by voluntary organisations); and

(c)

the provision of accommodation for a child in a private children’s home,

(d)

and the expressions “place” (“lleoli”) and “placed” (“wedi'i leoli”) must be construed accordingly;

“placed for adoption” (“wedi'i leoli i'w fabwysiadu”) means placed pursuant to the Adoption and Children Act 2002(3) or, where applicable, the Adoption Act 1976(4).

“registered medical practitioner” (“ymarferydd meddygol cofrestredig”) means a fully registered person within the meaning of the Medical Act 1983(5);

“registered nurse” (“nyrs gofrestredig”) means a person registered with the Nursing and Midwifery Council(6).

“responsible authority” (“awdurdod cyfrifol”) means—

(a)

in relation to a placement by a local authority (including one in which the child is accommodated and maintained in a voluntary home or a private children’s home), the local authority which places the child,

(b)

in relation to a placement by a voluntary organisation of a child who is not looked after by a local authority, the voluntary organisation which place the child, and

(c)

in relation to a placement in a private children’s home of a child who is neither looked after by a local authority nor accommodated in such a home by a voluntary organisation, the person carrying on the home.

(2) Any notice required under these Regulations is to be given in writing and can be sent by post.

(3) In these Regulations, unless the context otherwise requires—

(a) any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;

(b) any reference to a numbered Schedule is to the Schedule to these Regulations bearing that number.

(1)

1977 c. 49

(2)

1977 c. 46

(3)

2002 c. 38.

(4)

1976 c. 36.

(5)

1983 c. 54 .

(6)

Established by the Nursing and Midwifery Council Order 2000 S.I. 2002/253 which came into force on 12 February 2002.