Care Standards Bill [H.L.]

Care Standards Bill [H.L.] - continued	House of Commons

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SCHEDULE 3

MINOR AND CONSEQUENTIAL AMENDMENTS

Children and Young Persons Act 1969 (c.54)

1. In section 23(12) of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation)-

(a) at the appropriate place, there shall be inserted-

""children's home" has the same meaning as in the Care Standards Act 2000;" and

(b) in the definition of "secure accommodation"-

(i) for "community home, a voluntary home or a registered children's home" there shall be substituted "children's home in respect of which a person is registered under Part II of the Care Standards Act 2000"; and

(ii) at the end there shall be inserted "or the National Assembly for Wales".

Adoption Act 1976 (c.36)

2. - (1) The Adoption Act 1976 shall be amended as follows.

(2) In section 1 (establishment of adoption service)-

(a) in subsections (1), (3) and (4), for "approved adoption societies" and "approved adoption society", in each place where those words occur, there shall be substituted, respectively, "appropriate voluntary organisation" and "appropriate voluntary organisations"; and

(b) after subsection (4) there shall be inserted-

"(5) In this Act "appropriate voluntary organisation" means a voluntary organisation which is an adoption society in respect of which a person is registered under Part II of the Care Standards Act 2000."

(3) In section 2 (local authorities' social services), in paragraph (a), for "registered" there shall be substituted "private".

(4) In section 4(3) of that Act (power of Secretary of State to make directions where approval of adoption society is withdrawn or expires), for the words from "Where" to "expires" there shall be substituted "Where, by virtue of the cancellation of the registration of any person under Part II of the Care Standards Act 2000, a body has ceased to be an appropriate voluntary organisation".

(5) In section 8 (inactive or defunct adoption societies)-

(a) in subsection (1), for the words from "an approved" to "expired" there shall be substituted "a body which is or has been an appropriate voluntary organisation"; and

(b) for "society", in each place where it occurs, there shall be substituted "organisation".

(6) In section 9 (regulation of adoption agencies)-

(a) in subsection (2), for "an approved adoption society" there shall be substituted "an appropriate voluntary organisation";

(b) after that subsection there shall be inserted-

"(2A) The power under subsection (2) includes in particular power to make in relation to an appropriate voluntary organisation any provision which regulations under section 21(2) or (6) of the Care Standards Act 2000 (regulation of establishments and agencies) may make in relation to a fostering agency (within the meaning of that Act)."; and

"(3A) The power under subsection (3) includes in particular power to make in relation to the functions there mentioned any provision which regulations under section 44 of the Care Standards Act 2000 (regulation of the exercise of relevant fostering functions) may make in relation to relevant fostering functions (within the meaning of Part III of that Act)."

(7) In section 11 (restriction on arranging adoptions and placing of children)-

(a) in subsection (2), for "approved under section 3 of this Act" there shall be substituted "an appropriate voluntary organisation"; and

(b) in subsection (3)(a), for "which is not an adoption agency" there shall be substituted "which is not-

	(i) a local authority; or
	(ii) a voluntary adoption agency within the meaning of the Care Standards Act 2000 in respect of which he is registered;".

(8) In section 32 (meaning of "protected child")-

(a) in subsection (3)(a)(i), for "community home, voluntary home or registered children's home" there shall be substituted "children's home in respect of which a person is registered under Part II of the Care Standards Act 2000"; and

(b) in subsection (3A), for ""community home", "voluntary home", "registered children's home"" there shall be substituted ""children's home"".

(9) For section 51(3)(d)(i) there shall be substituted-

"(i) which is an appropriate voluntary organisation".

(10) In section 58A(1) (information concerning adoption), for "approved adoption society" there shall be substituted "appropriate voluntary organisation".

(11) In section 72(1) (interpretation), for the definition of "approved adoption society" there shall be substituted-

""appropriate voluntary organisation" has the meaning assigned by section 1(5);"

Adoption (Scotland) Act 1978 (c.28)

3. In section 11(2) of the Adoption (Scotland) Act 1978 (restriction on arranging adoptions and placing of children), for "approved as respects England and Wales under section 3 of the Adoption Act 1976" there shall be substituted "a person registered under Part II of the Care Standards Act 2000".

Mental Health Act 1983 (c.20)

4. - (1) In paragraph (b) of section 24(3) of the Mental Health Act 1983 (visiting and examination of patients), for "Part II of the Registered Homes Act 1984" there shall be substituted "Part II of the Care Standards Act 2000".

(2) In section 145(1) of that Act (interpretation) in the definition of "the managers", for "the Registered Homes Act 1984" there shall be substituted "the Care Standards Act 2000".

Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

5. In section 2(5)(d) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), for "a residential care home within the meaning of Part I of the Registered Homes Act 1984" there shall be substituted "a care home within the meaning of the Care Standards Act 2000".

Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))

6. In Article 11(2) of the Adoption (Northern Ireland) Order 1987 (restriction on arranging adoptions and placing children), for "approved as respects England and Wales under section 3 of the Adoption Act 1976 or as respects Scotland" there shall be substituted "in respect of which a person is registered under Part II of the Care Standards Act 2000 or which is approved as respects Scotland".

Children Act 1989 (c.41)

7. - (1) The 1989 Act shall be amended as follows.

(2) In section 19(1)(c) (review of provision of day care), for "section 71(1)(b)" there shall be substituted "Part XA".

(3) In section 23 (provision of accommodation and maintenance by local authority for children whom they are looking after)-

(a) in subsection (2), for paragraphs (b) to (d) there shall be substituted-

"(aa) maintaining him in an appropriate children's home;" and

(b) after subsection (9) there shall be inserted-

	"(10) In this Act-
	"appropriate children's home" means a children's home in respect of which a person is registered under Part II of the Care Standards Act 2000; and
	"children's home" has the same meaning as in that Act."

(4) In section 24 (advice and assistance for certain children), in subsections (2)(c) and (12)(a), for "registered" there shall be substituted "private".

(5) In section 51(1) (refuges for children at risk), for "registered" there shall be substituted "private".

(6) In section 59(1) (provision of accommodation by voluntary organisations), for paragraphs (b) to (d) there shall be substituted-

"(aa) maintaining him in an appropriate children's home;"

(7) In section 62 (duties of local authorities in relation to children provided with accommodation by voluntary organisations)-

(a) in subsection (6)(c), for "paragraph 7 of Schedule 5" there shall be substituted "section 21 of the Care Standards Act 2000"; and

(b) after subsection (9) there shall be inserted-

"(10) This section does not apply in relation to any voluntary organisation which is a school."

(8) In section 63(11) (which introduces Schedule 6), after "to" there shall be inserted "private".

(9) In section 64 (welfare of children in children's homes), in subsections (1) and (4), before "children's home" there shall be inserted "private".

(10) In section 65 (persons disqualified from carrying on, or being employed in, children's homes)-

(a) in subsections (1) and (2), for "the responsible authority" and "their" there shall be substituted "the appropriate authority" and "its" respectively;

(b) in subsection (3), for the words from "an" to "they" there shall be substituted "the appropriate authority refuses to give its consent under this section, it";

(c) in subsection (3)(b), for "a Registered Homes Tribunal" there shall be substituted "the Tribunal established under section 9 of the Protection of Children Act 1999"; and

(d) after subsection (5) there shall be inserted-

	"(6) In this Act "appropriate authority" means-
	(a) in relation to England, the National Care Standards Commission; and
	(b) in relation to Wales, the National Assembly for Wales."

(11) In section 80 (inspection of children's homes etc by persons authorised by Secretary of State)-

(a) in subsections (1)(a) and (5)(c), before "children's" there shall be inserted "private";

(b) in subsection (1)(i), after "71(1)(b)" there shall be added "or with respect to which a person is registered for providing day care under Part XA";

"(j) care home used to accommodate children;" and

(d) in subsection (5), after paragraph (h) there shall be inserted-

	"(hh) person who is the occupier of any premises-
	(i) in which any person required to be registered for child minding under Part XA acts as a child minder (within the meaning of that Part); or
	(ii) with respect to which a person is required to be registered under that Part for providing day care;"

(12) In section 81(1)(d) (inquiries), after "a" there shall be inserted "private".

(13) In subsection (1) of section 105 (interpretation)-

(a) after the definition of "adoption agency" there shall be inserted-

""appropriate children's home" has the meaning given by section 23;"

(b) after the definition of "bank holiday" there shall be inserted-

""care home" has the same meaning as in the Care Standards Act 2000;"

""children's home" has the meaning given by section 23;"

(d) after the definition of "prescribed" there shall be inserted-

""private children's home" means a children's home in respect of which a person is registered under Part II of the Care Standards Act 2000 which is not a community home or a voluntary home;" and

(e) after the definition of "registered pupil" there shall be inserted-

""appropriate authority" has the meaning given by section 65;".

(14) In Schedule 6 (registered children's homes)-

(a) in the heading, for "Registered Children's Homes" there shall be substituted "Private Children's Homes";

(b) in the heading to Part I, for "Registration" there shall be substituted "Appeals under section 65";

(c) in paragraph 8(1), for "local authority" and for "a Registered Homes Tribunal" there shall be substituted "registration authority" and "the Tribunal established under section 9 of the Protection of Children Act 1999" respectively; and

(d) in paragraph 10(1)(a), for "registered" there shall be substituted "private".

(15) In paragraph 4(1) of Schedule 9 (child minding and day care for young children)-

(a) for paragraphs (a) to (c) there shall be substituted-

"(aa) an appropriate children's home;" and

(b) for paragraph (d) there shall be substituted-

"(d) a care home;".

National Health Service and Community Care Act 1990 (c.19)

8. In section 48(1) of the National Health Service and Community Care Act 1990 (inspection of premises used for the provision of community care), for "the Registered Homes Act 1984" there shall be substituted "Part II of the Care Standards Act 2000".

Criminal Justice Act 1991 (c.53)

9. In section 61 of the Criminal Justice Act 1991 (provision by local authorities of secure accommodation)-

(a) in subsection (2), for "persons carrying on a registered children's home" there shall be substituted "registered persons"; and

(b) in subsection (5), after "this section" there shall be inserted-

	"(a) "registered person" means a person carrying on a private children's home in respect of which he is registered; and
	(b) ".

Tribunals and Inquiries Act 1992 (c.53)

10. In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of Council), paragraph 36A (inserted by paragraph 8 of the Schedule to the Protection of Children Act 1999) is renumbered as paragraph 36B and, in the first column of that paragraph, after "Protection of children" there shall be inserted "and vulnerable adults, and care standards".

Criminal Justice and Public Order Act 1994 (c.33)

11. In section 2 of the Criminal Justice and Public Order Act 1994 (secure training orders: supplementary provisions as to detention)-

(a) in subsection (5), for "registered children's home" there shall be substituted "private children's home"; and

(b) in subsection (8), for "registered children's home" there shall be substituted "private children's home".

Children (Scotland) Act 1995 (c.36)

12. In section 93 of the Children (Scotland) Act 1995 (interpretation of Part II)-

(a) in paragraph (b) of the definition of "residential establishment", for "registered" there shall be substituted "private"; and

(b) in the definition of "secure accommodation", for "paragraph 4(2)(i) of Schedule 4 to the Children Act 1989" there shall be substituted "section 21(7)(a) of the Care Standards Act 2000".

Education Act 1996 (c.56)

13. - (1) The Education Act 1996 shall be amended as follows.

(2) In section 467(2) (provision of information about registered and provisionally registered schools), for "Children Act 1989" there shall be substituted "Care Standards Act 2000".

(3) In section 469(4) (notice of complaint by Secretary of State), after "school is" there shall be inserted "unsuitable to work with children or is for any other reason".

(4) In section 471(2)(a) (determination of complaint by Secretary of State), after "school is" there shall be inserted "unsuitable to work with children or is for any other reason".

Police Act 1997 (c.50)

14. - (1) In section 113(3A) of the Police Act 1997 (criminal record certificates), for "suitability for" there shall be substituted "suitability to be employed, supplied to work, found work or given work in".

(2) In section 115 of that Act (enhanced criminal record certificates)-

(a) in subsection (5)(e), for "or" there shall be substituted "registration for child minding or providing day care under Part XA of that Act or registration";

(b) in subsection (6A), for "suitability for" there shall be substituted "suitability to be employed, supplied to work, found work or given work in".

Protection of Children Act 1999 (c.14)

15. - (1) The Protection of Children Act 1999 is amended as follows.

(2) In section 7(2) (effect of inclusion in the lists kept under section 1 of the 1999 Act and section 218(6) of the Education Reform Act 1988), after "employment agency" there shall be inserted "or an employment business".

(3) In section 9 (the Tribunal)-

(a) in subsection (2), for the words from "on an appeal" to the end there shall be substituted-

	"(a) on an appeal or determination under section 4 above;
	(b) on an appeal under regulations made under section 6 above;
	(c) on an appeal under section 65 of or paragraph 8 of Schedule 6 to the Children Act 1989 or under, or by virtue of, Part XA of that Act; or
	(d) on an appeal or determination under section 20, 64, 73, 74 or 75 of the Care Standards Act 2000;"

(b) after subsection (3), there shall be inserted-

	"(3A) The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 74 or 75 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations.
	(3B) Regulations under this section may make different provision for different cases or classes of case.
	(3C) Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales."

(4) In section 12(1), in the definition of "employment agency", for "has the same meaning" there shall be substituted "and "employment business" have the same meanings".

(5) In section 13(3) (transitional provisions), after "offer" there shall be inserted ", or whom it proposes to supply for employment in,".

Adoption (Intercountry Aspects) Act 1999 (c.18)

16. In section 2 of the Adoption (Intercountry Aspects) Act 1999 (central authorities and accredited bodies)-

(a) after subsection (2) there shall be inserted-

"(2A) A voluntary adoption agency in respect of which a person is registered under Part II of the Care Standards Act 2000 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders."; and

(b) for subsection (5) there shall be substituted-

"(5) In this section in its application to England and Wales, "voluntary adoption agency" has the same meaning as in the Care Standards Act 2000; and expressions which are also used in the Adoption Act 1976 ("the 1976 Act") have the same meanings as in that Act."

Prepared 6 April 2000