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Children Act 1989 (c. 41) |
| | 32. The Children Act 1989 is amended as follows.
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| | 33. In section 7 (welfare reports)-
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(a) in subsection (1), for "a probation officer" (in both places) there is substituted "an officer of the Service", |
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(b) in subsection (5), for "probation officer" there is substituted "officer of the Service". |
| | 34. In section 16 (family assistance orders)-
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(a) in subsection (1)(a), for "a probation officer" there is substituted "an officer of the Service", |
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(b) subsections (8) and (9) are omitted. |
| | 35. In section 31(1)(b) (care and supervision orders), "or of a probation officer" is omitted.
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| | 36. In section 41 (representation of child and of his interests in certain proceedings)-
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(a) in subsections (1) and (11), for "a guardian ad litem" there is substituted "an officer of the Service", |
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(b) in subsections (2), (4)(a) and (10)(a) and (b), for "guardian ad litem" there is substituted "officer of the Service", |
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(c) in subsection (10)(c), for "guardians ad litem" there is substituted "officers of the Service", |
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(d) subsections (7) to (9) and (12) are omitted, |
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(e) for the cross-heading preceding section 41 there is substituted "Representation of child". |
| | 37. In section 42 (right of guardian ad litem to have access to local authority records)-
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(i) for "a person" there is substituted "an officer of the Service",
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(ii) for "as a guardian ad litem under this Act" there is substituted "under section 41",
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(b) in subsection (2), for "a guardian ad litem" there is substituted "an officer of the Service", |
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(c) for the sidenote there is substituted "Right of officer of the Service to have access to local authority records". |
| | 38. In section 105(1) (interpretation), at the appropriate place there is inserted-
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""officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000;" |
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| | 39. In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.
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Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) |
| | 40. In the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, in paragraph 1(1)(a) of Schedule 2 (supervision and treatment orders), for "probation officer" there is substituted "an officer of a local board".
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Criminal Justice Act 1991 (c. 53) |
| | 41. The Criminal Justice Act 1991 is amended as follows.
|
| | 42. In section 37A (curfew condition to be included in licence)-
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(a) in subsection (1)(a), for "probation" there is substituted "community rehabilitation", |
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(b) for subsection (7) there is substituted- |
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"(7) In this section "approved community rehabilitation hostel" means a community rehabilitation hostel (within the meaning of Part I of the Criminal Justice and Court Services Act 2000) approved under section 9 of that Act."
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|
| | 43. In section 65 (supervision of young offenders after release)-
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(a) in subsection (1), for the words from the first mention of "under" to "from" there is substituted "("the offender") sentenced to a term of imprisonment or to" and after "Powers of Criminal Courts (Sentencing) Act 2000" there is inserted "is released while under the age of 22 years", |
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(b) in subsection (7), for "21" there is substituted "18" and for "sentence of detention in a young offender institution" there is substituted "detention in such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose". |
| |
Education Act 1996 (c. 56) |
| | 44. The Education Act 1996 is amended as follows.
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| | 45. In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted-
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"(2) Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 27 or 28 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)-
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(a) is employed in a registered or provisionally registered school, or |
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(b) is the proprietor of such a school, |
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he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school."
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| | 46. After section 473 there is inserted-
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| "Removal of disqualification: persons no longer unsuitable to work with children. |
473A. - (1) Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.
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(2) This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children-
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(a) from being the proprietor of any independent school; or |
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(b) from being a teacher or other employee in any school. |
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(3) On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.
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(4) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.
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(5) In this section and section 473B "the Tribunal" means the tribunal established by section 9 of the Protection of Children Act 1999.
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| Conditions for application under section 473A. |
473B. - (1) A person may only make an application under section 473A with the leave of the Tribunal.
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(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person's case.
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(3) In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if-
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(a) at least five years have elapsed since the order was made; and |
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(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application. |
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(4) In the case of any other person, the appropriate conditions are satisfied if-
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(a) at least ten years have elapsed since the order was made; and |
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(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application. |
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(5) The Tribunal shall not grant an application under this section unless it considers-
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(a) that the person's circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and |
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(b) that the change is such that leave should be granted." |
|
| | 47. In section 474 (removal of disqualification)-
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(a) at the end of subsection (1) there is inserted- |
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" But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies."
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(b) for the sidenote there is substituted "Removal of disqualification: other cases." |
