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1 (1) | The Children’s Commissioner is to be a corporation sole. |
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(2) | The Children’s Commissioner is not to be regarded as the servant or agent |
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of the Crown or as enjoying any status, immunity or privilege of the Crown; |
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and his property is not to be regarded as property of, or property held on |
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2 (1) | The Children’s Commissioner may do anything which appears to him to be |
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necessary or expedient for the purpose of, or in connection with, the exercise |
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(2) | In particular he may— |
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(a) | co-operate with other public authorities in the United Kingdom; |
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(b) | enter into contracts; and |
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(c) | acquire, hold and dispose of any property. |
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Appointment and tenure of office |
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3 (1) | The Children’s Commissioner is to be appointed by the Secretary of State. |
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(2) | Subject to the provisions of this paragraph, a person shall hold and vacate |
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office as the Children’s Commissioner in accordance with the terms and |
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conditions of his appointment as determined by the Secretary of State. |
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(3) | An appointment as the Children’s Commissioner shall be for a term not |
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(4) | A person who has held office as the Children’s Commissioner is eligible for |
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(5) | The Children’s Commissioner may at any time resign by notice in writing to |
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(6) | The Secretary of State may remove the Children’s Commissioner from office |
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if he is satisfied that he has— |
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(a) | become unfit or unable properly to discharge his functions; or |
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(b) | behaved in a way that is not compatible with his continuing in office. |
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4 | The Secretary of State must— |
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(a) | pay the Children’s Commissioner such remuneration and |
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(b) | pay or make provision for the payment of such pension or gratuities |
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| as may be provided under the terms of his appointment. |
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5 (1) | The Children’s Commissioner may appoint any staff he considers necessary |
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for assisting him in the exercise of his functions, one of whom shall be |
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appointed as deputy Children’s Commissioner. |
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(2) | During any vacancy in the office of Children’s Commissioner or at any time |
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when the Children’s Commissioner is for any reason unable to act, the |
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deputy Children’s Commissioner shall exercise his functions (and any |
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property or rights vested in the Children’s Commissioner may accordingly |
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be dealt with by the deputy Children’s Commissioner as if vested in him). |
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(3) | Without prejudice to sub-paragraph (2), any member of the Children’s |
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Commissioner’s staff may, so far as authorised by him, exercise any of his |
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6 (1) | In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment |
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etc to which section 1 of that Act applies)— |
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(a) | in the list of “Other Bodies”, at the end insert “Employment by the |
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Children’s Commissioner”; |
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(b) | in the list of “Offices”, at the appropriate place insert “Children’s |
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(2) | The Secretary of State must pay to the Minister for the Civil Service, at such |
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times as the Minister may direct, such sums as he may determine in respect |
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of any increase attributable to sub-paragraph (1) in the sums payable out of |
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money provided by Parliament under the Superannuation Act 1972. |
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7 | The Secretary of State may make payments to the Children’s Commissioner |
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of such amounts, at such times and on such conditions (if any) as the |
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Secretary of State considers appropriate. |
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8 (1) | The Children’s Commissioner must— |
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(a) | keep proper accounting records; |
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(b) | prepare a statement of accounts for each financial year; and |
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(c) | send a copy of each such statement of accounts to the Secretary of |
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State and the Comptroller and Auditor General as soon as possible |
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after the end of the financial year to which the statement relates. |
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(2) | The Comptroller and Auditor General must examine, certify and report on |
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each statement of accounts sent to him under sub-paragraph (1)(c) and must |
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lay copies of the statement and of his report before Parliament. |
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(3) | In this paragraph, “financial year” means— |
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(a) | the period beginning with the date on which the first Children’s |
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Commissioner is appointed and ending with 31st March next |
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(b) | each successive period of twelve months ending with 31st March. |
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9 (1) | A document purporting to be duly executed under the seal of the Children’s |
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Commissioner or to be signed by him or on his behalf is to be received in |
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evidence and, unless the contrary is proved, taken to be so executed or |
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(2) | This paragraph does not extend to Scotland. |
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Protection from defamation actions |
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10 | For the purposes of the law of defamation— |
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(a) | any statement made by the Children’s Commissioner in a report |
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published under this Part has absolute privilege; and |
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(b) | any other statement made by the Children’s Commissioner or a |
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member of his staff for the purposes of this Part has qualified |
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11 | In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) |
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(meaning of “regulated position”), after paragraph (f) insert— |
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“(fa) | Children’s Commissioner and deputy Children’s |
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Commissioner appointed under Part 1 of the Children Act |
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12 | In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of |
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Schedule 1 (certain disqualifying offices), at the appropriate places insert the |
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| “Children’s Commissioner”; |
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| “Member of staff of the Children’s Commissioner”. |
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13 | In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3 |
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of Schedule 1 (certain disqualifying offices), at the appropriate places insert |
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| “Children’s Commissioner”; |
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| “Member of staff of the Children’s Commissioner”. |
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Director of children’s services: consequential amendments |
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Children and Young Persons Act 1933 (c. 12) |
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1 | In section 96 of the Children and Young Persons Act 1933 (provisions as to |
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local authorities), in subsection (8), for “or the chief education officer of the |
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authority” substitute “of the authority, the director of children’s services (in |
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the case of an authority in England) or the chief education officer (in the case |
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of an authority in Wales)”. |
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Local Authority Social Services Act 1970 (c. 42) |
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2 (1) | The Local Authority Social Services Act 1970 is amended as follows. |
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(2) | In section 6 (director of social services)— |
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(a) | before subsection (1) insert— |
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“(A1) | A local authority in England shall appoint an officer, to be |
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known as the director of adult social services, for the |
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purposes of their social services functions, other than those |
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for which the authority’s director of children’s services is |
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responsible under section 14 of the Children Act 2004.”; |
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(b) | in subsection (1), after “local authority” insert “in Wales”; |
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(c) | in subsection (2), after “director of”, in both places, insert “adult |
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social services or (as the case may be)”; |
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(d) | in subsection (6), for “a director of social services” substitute “a |
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person under this section”. |
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(3) | In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words |
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“Appointment of” insert “director of adult social services or”. |
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Local Government and Housing Act 1989 (c. 42) |
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3 | In section 2 of the Local Government and Housing Act 1989 (politically |
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restricted posts), in subsection (6)— |
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(a) | after “means—” insert— |
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“(za) | the director of children’s services appointed under |
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section 14 of the Children Act 2004 and the director of |
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adult social services appointed under section 6(A1) of |
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the Local Authority Social Services Act 1970 (in the |
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case of a local authority in England);”; |
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(b) | in paragraph (a), at the end insert “(in the case of a local authority in |
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(c) | in paragraph (c) after “director of social services” insert “(in the case |
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of a local authority in Wales)”. |
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Education Act 1996 (c. 56) |
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4 (1) | The Education Act 1996 is amended as follows. |
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(2) | In section 532 (appointment of chief education officer), for “A local |
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authority’s duties” substitute “The duties of a local education authority in |
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(3) | In section 566 (evidence: documents), in subsection (1)(a), for “chief |
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education officer of that authority” substitute “director of children’s services |
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(in the case of an authority in England) or the chief education officer (in the |
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case of an authority in Wales)”. |
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Crime and Disorder Act 1998 (c. 37) |
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5 (1) | The Crime and Disorder Act 1998 is amended as follows. |
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(2) | In section 8 (responsible officers in relation to parenting orders), in |
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subsection (8)(bb), after “nominated by” insert “a person appointed as |
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director of children’s services under section 14 of the Children Act 2004 or |
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(3) | In section 39 (youth offending teams), in subsection (5)— |
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(a) | after paragraph (a) insert— |
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“(aa) | where the local authority is in England, a person with |
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experience of social work in relation to children |
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nominated by the director of children’s services |
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appointed by the local authority under section 14 of |
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(b) | in paragraph (b) for “a social worker of a” substitute “where the local |
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authority is in Wales, a social worker of the”; |
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(c) | after paragraph (d) insert— |
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“(da) | where the local authority is in England, a person with |
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experience in education nominated by the director of |
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children’s services appointed by the local authority |
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under section 14 of the Children Act 2004;”; |
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(d) | in paragraph (e) insert at the beginning “where the local authority is |
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Protection of Children Act 1999 (c. 14) |
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6 | In section 4C of the Protection of Children Act 1999 (restoration to the list) in |
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subsection (1), for “director of social services of a local authority” substitute |
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“director of children’s services of a local authority in England or a director |
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of social services of a local authority in Wales”. |
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Criminal Justice and Court Services Act 2000 (c. 43) |
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7 (1) | The Criminal Justice and Court Services Act 2000 is amended as follows. |
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(2) | In section 34 (restoration of disqualification order), in subsection (1), for “a |
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director of social services of a local authority” substitute “a director of |
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children’s services of a local authority in England or a director of social |
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services of a local authority in Wales”. |
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(3) | In section 36 (meaning of “regulated position”), in subsection (6)— |
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(a) | after paragraph (b) insert— |
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“(ba) | director of children’s services and director of adult |
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social services of a local authority in England,”; |
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(b) | in paragraph (c) at the end insert “in Wales”; |
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(c) | in paragraph (d) at the end insert “in Wales”. |
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Criminal Justice Act 2003 (c. 44) |
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8 | In section 322 of the Criminal Justice Act 2003 (individual support orders), |
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in the new section 1AA to be inserted in the Crime and Disorder Act 1998 |
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(c. 37), in subsection (10)(b), after “nominated by” insert “a person appointed |
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as director of children’s services under section 14 of the Children Act 2004 |
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