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
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.