Select Committee on Delegated Powers and Deregulation Second Report

Part VII: Miscellaneous


140.  Clause 86 would insert a new Section 87C into the Children Act 1989. It creates a power to set national minimum standards that schools and colleges accommodating children must meet in order to maintain the children's welfare. The standards are to be reviewed and amended as necessary. Failure to meet the standards will be taken into account by the Commission in making any determination that there has been a failure to meet welfare standards.

141.  The powers are being sought to ensure that proprietors and governors of boarding schools and colleges are adequately safeguarding the welfare of children they accommodate. The same provisions will apply if a school has opted to have its welfare inspections carried out by a person appointed by the Secretary of State under section 87A(1) of the Children Act 1989. This level of detail is best set out in regulations rather than primary legislation.

142.  Clause 87 inserts a new section 87D after section 87C of the Children Act 1989. Subsections (1) and (2) provide for annual fees to be made payable by regulations. The regulations would also set the amount and timescale for payment of the fee. Fees may need to be updated from time to time. The detail necessary in setting out the fees required suggests that regulations are more suitable than primary legislation.

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