SCHEDULES

Section 6.

SCHEDULE 1U.K. Access to Children in Care—England and Wales

Part IU.K.ADDITION OF PART IA TO CHILD CARE ACT 1980

1The following shall be inserted after section 12 of the M1Child care Act 1980—

“Part IAE+W Access to Children in Care- Section 6.

12A Children to whom Part IA applies.

12A(1)Subject to subsection (2) below, this Part of this Act applies to any child in the care of a local authority in consequence—

(a)of a care order (including an interim order);

(b)of an order under section 2(1) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960;

(c)of committal under section 23(1) of the Children and Young Persons Act 1969;

(d)of an order under section 2(2)(b) of the Guardianship Act 1973;

(e)of an order under section 17(1)(b) of the Children act 1975 or section 26(1)(b) of the Adoption Act 1976 (order on refusal of adoption order);

(f)of an order under section 36(2) or (3)(a) of the children Act 1975 (order on revocation of custodianship order);

(g)of an order under section 10(1) of the Domestic Proceedings and Magistrates’ Courts Act 1978; or

(h)of a resolution under section 3 above.

(2)This Part of this Act does not apply to a child in the care of a local authority in consequence of an order made by the High Court.

12B Termination of access.

12B(1)A local authority may not terminate arrangements for access to a child to whom this part of this Act applies by its parent, guardian or custodian, or refuse to make such arrangements unless they have first given the parent, guardian or custodian notice of termination or refusal in a form prescribed by order made by the Secretary of State.

(2)a notice under this section shall contain a statement that the parent, guardian or custodian has a right to apply to a court for an order under section 12C below.

(3)A notice terminating access shall state that access will be terminated as from the date of service of the notice.

(4)A local authority are not to be taken to terminate access for the purpose of this section in a case where they propose to substitute new arrangements for access for existing arrangements.

(5)A local authority are not to be taken to refuse to make arrangements for access for the purposes of this section in a case where they postpone access for such reasonable period as appears to them to be necessary to enable them to consider what arrangements for access (if any) are to be made.

(6)A notice under this section may be served on a parent, guardian or custodian either by delivering it to him or by leaving it at his proper address or by sending it by post.

(7)For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person shall be his last known address.

12C Access orders—general.

12C(1)A parent, guardian or custodian on whom a notice under section 12B above is served may apply for an order under this section (in this Part of this Act referred to as an “access order”).

(2)An application under subsection (1) above shall be made by way of complaint to an appropriate juvenile court.

(3)An access order shall be an order requiring the authority to allow the child’s parent, guardian or custodian access to the child subject to such conditions as the order may specify with regard to commencement, frequency, duration or place of access or to any other matter for which it appears to the court that provision ought to be made in connection with the requirement to allow access.

(4)A juvenile court is an appropriate juvenile court for the purposes of this Part of the Act if it has jurisdiction in the area of the authority serving the notice under section 12B above.

(5)An appeal shall lie to the High Court against any decision of a juvenile court under this Part of this Act.

12D Variation and discharge of access orders.

12D(1)Where an access order has been made—

(a)the parent, guardian or custodian named in the order; or

(b)the local authority,

may apply for the variation or discharge of the order.

(2)An application under this section shall be made by way of complaint to an appropriate juvenile court.

12E Emergency orders.

12E(1)A qualified justice of the peace may make an order under this subsection where he is satisfied that continued access to a child by its parent, guardian or custodian in accordance with the terms of an access order will put the child’s welfare seriously at risk.

(2)Subject to subsection (3) below, an order under subsection (1) above shall be an order suspending the operation of the access order for 7 days beginning with the date of the order under subsection (1) above, or for such shorter period beginning with that date as may be specified in that order.

(3)If during the period for which the operation of the access order is suspended the local authority make an application for its variation or discharge to an appropriate juvenile court, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned.

(4)An application for an order under subsection (1) above may be made ex parte.

(5)A justice of the peace is a qualified justice of the peace for the purposes of this section if he is a member of a juvenile court panel formed under Schedule 2 to the Children and Young Persons Act 1933.

12F Safeguarding of interests of child.

12F(1)A court—

(a)to which an application for an access order or any other application under this Part of this Act is made; or

(b)to which an appeal under this Part of this Act is brought,

shall regard the welfare of the child as the first and paramount consideration in determining the matter.

(2)In any proceedings before a court under this Part of this Act the court may, where it considers it necessary in order to safeguard the interests of the child, by order make the child a party to the proceedings.

(3)If the court makes the child a party to the proceedings, it shall in accordance with rules of court appoint a guardian ad litem of the child for the purposes of the proceedings unless it is satisfied that to do so is not necessary for safeguarding the interests of the child.

(4)A guardian ad litem appointed in pursuance of this section shall be under a duty to safeguard the interests of the child in the manner prescribed by rules of court.

12G Code of practice

12G(1)The Secretary of State shall prepare, and from time to time revise, a code of practice with regard to access to children in care.

(2)Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.

(3)The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.

(4)No resolution shall be passed by either House of Parliament under subsection (3) above in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5)The Secretary of State shall publish the code as for the time being in force.”.

Part IIU.K. Other Amendments

2The following subsection shall be added at the end of section 64 of the M2Child Care Act 1980—

“(8)Part IA of this Act applies to a child in respect of whom a resolution under subsection (1) above is in force as it applies to a child such as is mentioned in section 12A above, and accordingly references to a local authority in that Part of this Act include references to a voluntary organisation in which the parental rights and duties with respect to a child have vested under such a resolution.”.

3U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

4The following subparagraph shall be added at the end of section 103(1)(a) of the M3Children Act 1975—

“(iv)section 12F of the Child Care Act 1980;”.

Section 9.

SCHEDULE 2U.K. Miscellaneous Amendments Relating to Children and Young Persons

Adoption Act 1958 (c. 5.)E+W+S

1E+W+SThe repeals—

(a)of section 33 of the Adoption Act 1958 (inspection of books of registered adoption societies) by the M4Adoption Act1976 and by the M5Adoption (Scotland) Act 1978; and

(b)of sections 34(4) and (5) and 34A(6A) and (6B) of that Act by the Adoption (Scotland) Act 1978,

are hereby brought into force.

[F2 Children Act 1958 (c.65.)E+W+S

2E+W+SIn section 7 of the Children Act 1958 (removal of foster children kept in unsuitable surroundings) for subsection (4) there shall be substituted the following subsection.

“(4)A local authority may receive into their care under section fifteen of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc), any child removed under this section, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of the said section 15 and notwithstanding that he may appear to the local authority to be over the age of seventeen.”.]

[F3 Mental Health Act 1959 (c. 72.)]E+W+S

3In subsection (1) of section 9 of the Mental Health Act 1959 (functions of children authorities) for the words “section 34” there shall be substituted the words “section 31”.

Social Work (Scotland) Act 1968 (c. 49.)U.K.

4In subsection (3A) of section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.)—

(a)for the words “notwithstanding that no” there shall be substituted the words “whether or not a”; and

(b)for paragraph (b) there shall be substituted the following paragraph—

“(b)by a parent or guardian of the child in relation to whom no resolution under section 16 of this Act is in effect with respect to the child and who has given the local authority not less than 28 days’ notice in writing of his intention to do it.”.

5In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—

(a)in subsection (1), for the words “, the local authority” there shall be substituted the words “or of a voluntary organisation, they”;

(b)in subsection (2), for the words “a local authority” there shall be substituted the word “they”, and after the words “the local authority”, there shall be inserted the words “or voluntary organisation”; and

(c)in subsection (3), after the word “authority”, there shall be inserted the words “or voluntary organisation”, and for the words “section 17(3)” there be substituted the words “sections 17(3), 17(3A)”.

6In subsection (2) of section 23 of that Act (power of Secretary of State to consent to emigration of child in care of local authority in certain circumstances) for the words “or relative” there shall be substituted the words “relative or friend”.

7U.K.In subsection (1) of section 31 of that Act (restriction on prosecution of children for offences) after the word “child” on each occurrence there shall be inserted the words “under the age of sixteen years”.

8In section 42 of that Act (application from reporter to sheriff for findings)—

(a)in subsection (6) at the beginning there shall be inserted the words “Subject to subsection (6A) of this section,”;

(b)after subsection (6) there shall be inserted the following subsection—

“(6A)Notwithstanding the provisions of subsection (2)(c) of this section, where, in the course of the proceedings before the sheriff, the child and his parent accept any of the grounds in respect of which the application has been made, the sheriff may dispense with the hearing of evidence relating to that ground unless he is satisfied that in all the circumstances such evidence should be heard, and deem that ground to have been established for the purposes of this section.”; and

(c)in subsection (7) at the end there shall be added the words—

“except that where any of the grounds for the referral are accepted by the child’s parent, whether or not accepted by the child, then, notwithstanding subsection (6A) of this section, the sheriff may dispense with the hearing of evidence relating to that ground if he is satisfied that in all the circumstances it would be reasonable to do so.”

Family Law Reform Act 1969 (c. 46.)U.K.

9In section 7(2) of the Family Law Reform Act 1969 (wards of court committed to care of local authority) for the words from “and thereupon” to the end of the subsection there shall be substituted the words “and thereupon—

(a)Part III of the Child Care Act 1980 (which relates to the treatment of children in the care of a local authority); and

(b)for the purposes only of contributions by the child himself at a time when he has attained the age of 16, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority),

shall apply, subject to the next following subsection, as if the child had been received by the local authority into their care under section 2 of that Act ”.

Children and Young Persons Act 1969 (c. 54.)U.K.

10The following paragraph shall be substituted for paragraph (bb) of section 1(2) of the Children and Young Persons Act 1969 (conditions for making care orders)—

“(bb)it is probable that the condition set out in paragraph (a) of this subsection will be satisfied in his case, having regard to the fact that a person who has been convicted of an offence mentioned in Schedule 1 to the Act of 1933, including a person convicted of such an offence on whose conviction for the offence an order was made under Part I of the Powers of Criminal Courts Act 1973 placing him on probation or discharging him absolutely or conditionally is, or may become, a member of the same household as the child or young person;”.

11The following section shall be inserted after section 14 of that Act—

“14A Refusal to allow supervisor to visit child or young person.

Where a supervision order has been made in a case where a condition set out in paragraph (a), (b), (bb) or (c) of section 1(2) above is satisfied, a refusal to comply with a requirement imposed under section 18(2)(b) below—

(a)that the supervisor of a child or young person shall visit him; or

(b)that a child or young person shall be medically examined,

shall be treated for the purposes of section 40 of the Children and Young Persons Act 1933 (under which a warrant authorising the search for and removal of a child or young person may be issued on suspicion of unnecessary suffering caused to, or certain offences committed against, the child or young person) as giving reasonable cause for such suspicion.”.

12The following subsection shall be inserted after subsection (2) of section 20 of that Act (orders for committal to care of local authorities)—

“(2A)In determining the place of residence of any person for the purposes of this section, any period shall be disregarded during which, while in the care of a local authority (whether by virtue of a care order or not), he resided outside the local authority’s area.”.

13The following section shall be substituted for section 21A of that Act—

“21A Termination of care order on adoption etc.

“21A(1)A care order relating to a person under the age of 18 shall cease to have effect—

(a)on his adoption;

(b)if any order under an enactment to which this paragraph applies is made in relation to him;

(c)if an order similar to an order under section 25 of the Children Act 1975 is made in relation to him in Northern Ireland, the Isle of Man or any of the Channel Islands.

(2)Subsection (1)(b) above applies to the following enactments—

(a)sections 14 and 25 of the Children Act 1975;

(b)sections 18 and 55 of the Adoption Act 1976; and

(c)sections 18 and 49 of the Adoption (Scotland) Act 1978.

(3)After the commencement of section 55 of the Adoption Act 1976 subsection (1)(c) above shall have effect with the substitution of “55 of the Adoption Act 1976” for “25 of the Children Act 1975”.”.

14In section 22(2) of that Act (which specifies certain cases where an interim order may provide for the bringing of the person to whom it relates before a specified court only if that court so requires) after the word “five” there shall be inserted the words “or is legally represented”.

15In section 25 of that Act (transfers of children in care between England or Wales and Northern Ireland)—

(a)in subsection (1), after the words “training school order” there shall be inserted the words “or by an order under subsection (2) below”; and

(b)in subsection (2), after the words “interim order” there shall be inserted the words “or by an order under subsection (1) above”.

16U.K.In subsection (3) of section 32 of that Act (which creates an offence of compelling, persuading, inciting or assisting another person to become or continue to be absent as mentioned in subsection (1) of that section) the words “or (1A)” shall be inserted after the word “(1)”.

17E+W+SSection 46 of that Act (discontinuance of approved schools etc. on establishment of community homes) and Schedule 3 to that Act (which relates to such schools and to other institutions) shall have effect as if—

(a)any reference to a regional plan approved by the Secretary of State included a reference to a home being designated as a community home under section 31 of the M6Child Care Act 1980; and

(b)any reference to a planning area included a reference to the area of a local authority.

18E+W+SIn section 65(3) of that Act (grants to voluntary organisations etc.) for the words from “such” to “institution” there shall be substituted the words “part of the premises occupied by the institution forms part of a controlled or assisted community home.”.

19E+W+SIn section 73 of that Act (citation, commencement and extent) in subsection (6) (by virtue of which section 32(1) and (4), among other provisions, extend to the Channel Islands) after the words “32(1)” there shall be inserted the word “,(1A)”

[F4 Matrimonial Causes Act 1973 (c. 18.)]E+W

20In section 43(1) of the Matrimonial Causes Act 1973 (children committed to care of local authority) for the words from “and thereupon” to the end of the subsection there shall be substituted the words “and thereupon—

(a)Part III of the Child Care Act 1980 (which relates to the treatment of children in the care of a local authority): and

(b)for the purposes only of contributions by the child himself at a time when he has attained the age of 16, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority),

shall apply, subject to the provisions of this section, as if the child had been received by the local authority into their care under section 2 of that Act ”.

[F5 Powers of Criminal Courts Act 1973 (c. 62.)]E+W+S

21At the end of section 13(1) of the Powers of Criminal Courts Act 1973 (by virtue of which a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally is to be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender) there shall be added the words “and the purposes of section 1(2)(bb) of the M7Children and Young Persons Act 1969”.

Children Act 1975 (c. 72.)U.K.

F622In section 4(1) of the Children Act 1975 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a)in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b)in the second place where it occurs, the word “desires”.

23In subsection (2)(b) of section 37 of that Act (custodianship order on application for adoption or guardianship) for the words “neither of whom falls within paragraph (a)” there shall be substituted the words “neither of whom is a relative of the child or the husband or wife of the mother or father of the child”.

24The following subsections shall be substituted for subsection (1) of section 43A of that Act (restriction on removal of child from England and Wales)—

“(1)An authorised court, on making an order to which this subsection applies or at any time while such an order is in force, may by order direct, if an application is made under this section, that no person shall take the child to whom the order relates out of England and Wales except with the leave of the court.

(1A)Subsection (1) applies to the following orders under this Part of this Act—

(a)a custodianship order; and

(b)an interim order under section 34(5) containing provision regarding legal custody.”.

25U.K.In section 51 of that Act (restriction on removal of child where applicant has provided home for three years), for the word “custody”—

(a)where it secondly occurs in subsection (1); and

(b)in subsection (2),

there shall be substituted the words “care and possession”.

26U.K.In section 52 of that Act (return of child taken away in breach of section 51) for the word “custody”, except where it first occurs, there shall be substituted the words “care and possession”.

[F727In section 101 of that Act (appeals etc.)—

(a)the words “or the relevant adoption provisions”—

(i)shall be substituted, in subsection (1), for the words “or under section 34 or 34A of the M8Adoption Act 1958”; and

(ii)shall be inserted, in subsections (2) and (3), after the words “under this Act”; and

(b)the following subsection shall be added after subsection (4)—

“(5)In this section “the relevant adoption provisions” means sections 34, 34A and 35(2) of the Adoption Act 1958.”.]

28In section 103 of that Act (guardians ad litem etc.)—

(a)in subsection (1), for the words “a panel” there shall be substituted the words “one or more panels”; and

(b)the following subsection shall be substituted for subsection (2)—

“(2)Regulations under subsection (1) may provide—

(a)for the defrayment by local authorities of expenses incurred by members of a panel established by virtue of that subsection; and

(b)for the payment by local authorities of fees and allowances for members of such a panel.”.

Adoption Act 1976 (c. 36.)E+W+S

29E+W+SIn section 3(1) of the Adoption Act 1976 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a)in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b)in the second place where it occurs, the word “desires”.

30E+W+SSection 10 of that Act (inspection of books of approved adoption societies) is repealed.

31E+W+SIn section 18(6) of that Act (which relates to the freeing of a child for adoption) for the words “who agrees to the adoption of the child” there shall be substituted the words “of the child who can be found”.

32E+W+SIn section 24(2) of that Act (which prevents a court making an adoption order in relation to a child unless it is satisfied that the applicants have not, as respects the child, made any payment or given any reward to a person in contravention of section 57) for the words from “made” to “of” there shall be substituted the word “contravened”.

33E+W+SSubsections (4) and (5) of section 27 and (8) and (9) of section 28 of that Act (restrictions on removal of child) shall cease to have effect.

[F834In section 29 of that Act (return of child taken away) after “28”, in each place where it occurs in subsections (1) and (2), there shall be inserted “, or section 27 or 28 of the M9Adoption (Scotland) Act 1978”.]

35E+W+SThe following section shall be inserted after section 58 of that Act—

“58A Information concerning adoption.

(1)Every local authority and every approved adoption society shall transmit to the Secretary of State, at such times and in such form as he may direct, such particulars as he may require with respect—

(a)to their performance of all or any of their functions under the enactments mentioned in subsection (2) below; and

(b)to the children and other persons in relation to whom they have exercised those functions.

(2)The enactments referred to in subsection (1) above are—

(a)the Adoption Act 1958;

(b)Part I of the Children Act 1975; and

(c)this Act.

(3)The clerk of each magistrates’ court shall transmit to the Secretary of State, at such times and in such form as he may direct, such particulars as he may require with respect to the proceedings of the court under the enactments mentioned in subsection (2) above.

(4)The Secretary of State shall publish from time to time abstracts of the particulars transmitted to him under subsections (1) and (3) above.”.

36E+W+SIn subsection (4) of section 63 of that Act (appeals, etc.) for the words from the beginning to “appeal” there shall be substituted the words “No appeal shall lie to the High Court”.

[F937In section 72(1) of that Act—

(a)in the definition of “adoption order”, after “21” there shall be inserted “, 27 and 28”; and

(b)at the end of the definition of “order freeing a child for adoption” there shall be added “and in section 27(2) includes an order under section 18 of the M10Adoption (Scotland) Act 1978 (order freeing a child for adoption made in Scotland)”.]

Adoption (Scotland) Act 1978 (c. 28.)E+W+S

38E+W+SIn section 3(1) of the Adoption (Scotland) Act 1978 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a)in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b)in the second place where it occurs, the word “desires”.

39E+W+SSection 10 of that Act (inspection of books of approved adoption societies) is repealed.

40E+W+SIn section 18(6) of that Act (freeing of child for adoption) for the words “who agrees to the adoption of the child” there shall be substituted the words “of the child who can be found”.

41E+W+SIn section 24(2) of that Act (no adoption order unless the court is satisfied that the applicants have not, as respects the child, made any payment or given any reward to a person in contravention of section 51) for the words from “made” to “of” there shall be substituted the word “contravened”.

42E+W+SSubsections (4) and (5) of section 27 and (8) and (9) of section 28 of that Act (restrictions on removal of child) shall cease to have effect.

43E+W+SIn subsections (1) and (2) of sections 27 and 28 and in section 29 of that Act (restrictions on removal of child) for the word “custody” wherever it occurs there shall be substituted the words “care and possession”.

44E+W+SIn section 29 of that Act (return of child taken away) after “28”, in each place where it occurs in subsections (1) and (2), there shall be inserted “, or section 27 or 28 of the M11Adoption Act 1976”.

45E+W+SIn section 65(1) of that Act—

(a)in the definition of “adoption order”, after “20” there shall be inserted “, 27 and 28”; and

(b)at the end of the definition of “order freeing a child for adoption” there shall be added “and, in section 27(2), includes an order under section 18 of the M12Adoption Act 1976 (order freeing a child for adoption made in England and Wales)”.

[F10 Child Care Act 1980 (c. 5.)]U.K.

46The following subsection shall be substituted for subsection (2) of section 3 of the Child Care Act 1980 (under which a local authority who pass a resolution under subsection (1)(b), (c) or (d)) are required, if the whereabouts of the person whose parental rights and duties have vested in them are known, to serve notice in writing of the passing of the resolution on him, unless he has consented in writing to its passing)—

“(2)if the local authority know the whereabouts of the person whose parental rights and duties have vested in them by virtue of a resolution passed under subsection (1)(b), (c) or (d) above, they shall forthwith after it is passed serve notice in writing of its passing on him.”.

47The following subsection shall be added at the end of section 10 of that Act (powers and duties of local authorities with respect to children committed to their care)—

“(5)This section does not give a local authority—

(a)the right to consent or refuse to consent to the making of an application under section 18 of the Adoption Act 1976 or section 18 of the Adoption (Scotland) Act 1978; or

(b)the right to agree or refuse to agree to the making of an adoption order or an order under section 55 of the Adoption Act 1976 or section 49 of the Adoption (Scotland) Act 1978.”.

48In subsection (2) of section 13 of that Act (penalty for assisting children in care to run away etc.)

(a)for paragraph (b) there shall be substituted the following paragraph—

“(b)by a parent or guardian of the child in relation to whom no resolution under section 3 of this Act is in force with respect to the child and who has given the local authority not less than 28 days’ notice in writing of his intention to do it.”; and

(b)for the words “notwithstanding that no” there shall be substituted the words “whether or not a”.

49At the end of section 21(1) of that Act (provision of accommodation and maintenance for children in care) there shall be added the words “and shall secure, subject to section 18 of this Act, that any accommodation which they provide is, so far as practicable, near the child’s home”.

[F1150The following section shall be substituted for section 21A of that Act—

21A“ Use of accommodation for restricting liberty.

21A(1)Subject to the following provisions of this section, a child in the care of a local authority may not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty unless it appears—

(a)that—

(i)he has a history of absconding and is likely to abscond from any other description of accommodation; and

(ii)if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or

(b)that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2)The Secretary of State may by regulations—

(a)specify—

(i)a maximum period beyond which a child may not be kept in such accommodation without the authority of a juvenile court; and

(ii)a maximum period for which a juvenile court may authorise a child to be kept in such accommodation;

(b)empower a juvenile court from time to time to authorise a child to be kept in such accommodation for such further period as the regulations may specify; and

(c)provide that applications to a juvenile court under this section shall be made by local authorities.

(3)It shall be the duty of a juvenile court before which a child is brought by virtue of this section to determine whether any relevant criteria for keeping a child in accommodation provided for the purpose of restricting liberty are satisfied in his case; and if a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in such accommodation and specifying the maximum period for which he may be so kept.

(4)On any adjournment of a hearing under subsection (3) above a juvenile court may make an interim order permitting the child to be kept during the period of the adjournment in accommodation provided for the purpose of restricting liberty.

(5)An appeal shall lie to the Crown Court from a decision of a juvenile court under this section.

(6)A juvenile court shall not exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless either—

(a)he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(7)The Secretary of State may by regulations provide—

(a)that this section shall or shall not apply to any description of children specified in the regulations;

(b)that this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;

(c)that such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in accommodation provided for the purpose of restricting liberty.

(8)The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.”.]

[F1251In subsection (3) of section 24 of that Act (by virtue of which the Secretary of State may consent to the emigration of a child in the care of a local authority who is too young to form or express a proper opinion on the matter in any case where the child is to emigrate in company with a parent, guardian or relative of his, or is to emigrate for the purpose of joining a parent, guardian, relative or friend) for the words “or relative” there shall be substituted the words “relative or friend”.]

52In section 35 of that Act (instruments of management for assisted and controlled community homes)—

(a)the words “this Part of this Act” shall be substituted—

(i)in subsection (1), for the words “a regional plan approved by him”; and

(ii)in subsection (2), for the words “a regional plan approved by the Secretary of State”; and

(b)the words “in accordance with this Part of this Act” shall be substituted—

(i)in subsection (3)(a), for the words “in a regional plan”; and

(ii)in subsection (5), for the words “in the regional plan”.

53In subsection (1) of section 44 of that Act (financial provisions applicable to cessation of controlled or assisted community home) after the words “section 43 of this Act” there shall be inserted the words “or of subsection (5) of section 43A of this Act”.

54In subsection (1) of section 45 of that Act (by virtue of paragraph (i) of which where a child under 16 is in the care of a local authority under section 2 or by virtue of a care order other than an interim order the father or mother of the child is liable to make contributions in respect of the child)––

(a)at the beginning of the said paragraph (i) there shall be inserted the words “Subject to subsection (1A) below.”; and

(b)for the word “or” in the said paragraph (i) there shall be substituted the word “and”.

55The following section shall be inserted after section 64 of that Act:—

“64A General duty of voluntary organisation in relation to children in their care.

“64A(1)In reaching any decision relating to a child in their care, a voluntary organisation shall give first consideration to the need to safeguard and promote the welfare of the child through out his childhood; and shall so far as is practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.

(2)In providing for a child in their care a voluntary organisation shall make such use of facilities and services available for children in their care of the own parents as appears to the organisation reasonable in his case.”.

56In section 79 of that Act (returns of information and presentation of reports etc. to Parliament)—

(a)the following subsection shall be inserted after subsection (2)—

“(2A)The clerk of each magristrates’ court shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the proceedings of the court under Part II of the Children Act 1975.”;

(b)in subsection (3), for the words “and (2)” there shall be substituted the words “, (2) and (2A)”; and

(c)the following paragraph shall be inserted after subsection (5)(g)—

“(ga)Part II of the Children Act 1975,”.

57In section 82 of that Act (grants in respect of voluntary homes which are assisted community homes) for the words “in a regional plan which was then in operation” there shall be substituted the words “either in a regional plan which was then in operation or in accordance with Part IV of this Act”.

58In section 85 of that Act (regulations and orders)—

(a)in subsection (2), after the words “section 43” there shall be inserted the words “or 43A(3)”; and

(b)in subsection (4) after “11” there shall be inserted “, 21A”.

59In paragraph 3 of Schedule 4 to that Act (transitional provisions relating to children in care) after the words “by virtue of”, in the first place where they occur, there shall be inserted the words “a care order or of”

[F13 Interpretation]U.K.

60The word “actual” shall be inserted before the word “custody”, wherever it occurs in—

(a)sections 34(1) and (2) and 34A(1) and (2) of the M13Adoption Act 1958;

(b)sections 30(1) and (2), 41(1) and (2) and 42(1) and (2) of the M14Children Act 1975; and

(c)sections 27(1) and (2), 28(1) and (2), 29(1) and (2) and 30(1)(a) and (b) of the M15Adoption Act 1976.

61In section 57(2) of the Adoption Act 1958, for the words “care or possession”, in both places where they occur, there shall be substituted the words “actual custody”.

62The following section shall be inserted after section 57 of the Adoption Act 1958—

“57A Actual custody.

“57A(1)While a person not having legal custody of a child has actual custody of the child, he has the like duties under this Act in relation to the child as if he had legal custody.

(2)The following, namely—

(a)any reference in this Act to the person with whom a child has his home; and

(b)the reference to legal custody in subsection (1) above,

are to be construed in accordance with Part IV of the Children Act 1975.

(3)This section does not extend to Scotland.”.

Section 10.

SCHEDULE 3U.K. The Central Council for Education and Training in Social Work

Part IU.K.

MembershipU.K.

1The Council shall consist of a chairman and not more than 25 other members.

2The members of the Council shall be appointed by the Secretary of State.

3Before appointing a member other than the chairman the Secretary of State shall consult any body that appears to him to be appropriate.

4The Chairman shall be appointed for a term not exceeding 5 years but shall be eligible for reappointment as chairman.

5Each of the other members shall be appointed for a term not exceeding 3 years, except that a member appointed to fill a casual vacancy shall be appointed for the remainder of the term for which his predecessor was appointed.

6A person who is or who has been a member of the Council shall be eligible for reappointment as a member.

7The persons who are the chairman and members of the Council at the commencement of section 10 above shall cease to hold office on that date but may be reappointed to the Council.

8A member of the Council may at any time resign his office.

9The Secretary of State may remove a member from office if that member—

(a)has become bankrupt or made an arrangement with his creditors;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of the Council for a period of 6 months otherwise than for a reason approved by the Secretary of State; or

(d)is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

Part IIU.K. Supplementary

CommitteesU.K.

10The Council may appoint one or more committees.

11A committee may be appointed under paragraph 10 above to advise the Council or to perform any of the functions of the Council or for both purposes.

12If the Secretary of State directs the Council to appoint committees to advise the Council on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, it shall be the Council’s duty to appoint a committee or committees in accordance with the direction.

13The Council may determine that any committee appointed under paragraph 12 above to advise on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, shall also perform any functions of the Council so far as they so relate.

14Where a committee perform any of the Council’s functions, the Council may direct that the committee shall cease to perform them.

15No person shall be appointed chairman of a committee unless he is a member of the Council.

16If the Secretary of State so directs, it shall be the duty of the Council to notify to him the name of the person whom they propose to appoint as chairman of any committee appointed to advise the Council on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, whether the committee was established in pursuance of a direction or not.

17A notification under paragraph 16 above shall be sent to the Secretary of State at least 14 days before the proposed appointment is due to take effect.

18A person whose proposed appointment has been notified to the Secretary of State shall not be appointed chairman of the committee to the chairmanship of which the Council propose to appoint him if the Secretary of State directs the Council not to appoint him.

ProceedingsU.K.

19The proceedings of the Council or any committee appointed by the Council shall not be invalidated by any vacancy in the membership of the Council or committee, or by any defect in the appointment of any member.

20The Council and, subject to any directions of the Council, any committee appointed by them, may regulate their own procedure and fix a quorum for their own proceedings.

StaffU.K.

21The Council may appoint such numbers of staff, of such descriptions and upon such terms as to remuneration and other conditions of service, as the Council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

22The Council shall have power, with the approval of the Secretary of State given with the consent of the Treasury—

(a)to pay pensions, allowances and gratuities to or in respect of the Council’s staff;

(b)to make payments towards the provision of such pensions, allowances or gratuities;

(c)to provide or maintain schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities; and

(d)to pay compensation to any member of their staff for loss of office.

23Compensation under paragraph 22(d) above may be in excess of the amount required by the M16Employment Protection (Consolidation) Act 1978.

Payment of allowances to membersU.K.

24The Council may pay to their members, and to the members of any committee appointed by them, such travelling, subsistence and other allowances as the Council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

Accounts and auditU.K.

25The Council shall keep proper accounts and other records in relation to the accounts and prepare in respect of each financial year and transmit to the Secretary of State a statement of account in such form as the Secretary of State may, with the approval of the Treasury, determine.

26The Secretary of State shall transmit the statement on or before 30th November following the financial year to the Comptroller and Auditor General, who shall examine and certify it and lay copies of it together with his report on it before each House of Parliament.

Expenses of CouncilU.K.

27The Secretary of State shall out of money provided by Parliament pay to the Council such sums as may be necessary to defray the Council’s approved expenditure so far as that expenditure exceeds any income derived from the exercise of the Council’s functions and is not met out of moneys appropriated by Measure of the Northern Ireland Assembly.

28In paragraph 27 above “approved expenditure” means expenditure incurred with the approval of the Secretary of State and the Head of the Department of Health and Social Services for Northern Ireland.

Section 11.

SCHEDULE 4U.K. Registered Homes

[F14Part IE+W+S Residential Care Homes

Requirement of registrationE+W+S

1(1)Subject to the following provisions of this paragraph, registration under this Part of this Schedule is required in respect of any establishment which provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personel care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.E+W+S

(2)Such an establishment is referred to in this Part of this Schedule as a “residential care home”.

(3)Registration under this Part of this Schedule does not affect any requirement to register under the M17Nursing Homes Act 1975.

(4)Registration under this Part of this Schedule is not required in respect of an establishment which provides or is intended to provide residential accommodation with both board and personal care for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.

(5)Registration under this Part of this Schedule is not required in respect of any of the following—

(a)any establishment which is used, or is intended to be used, solely as a nursing home or mental nursing home as defined in sections 1 and 2 of the M18Nursing Homes Act 1975;

(b)any hospital as defined in section 128 of the M19National Health Service Act 1977 which is maintained in pursuance of an Act of Parliament;

(c)any hospital as defined in section 145(1) of the M20Mental Health Act 1983;

(d)any voluntary home or community home within the meaning of the M21Child Care Act 1980;

(e)any children’s home to which the M22Children’s Homes Act 1982 applies;

(f)subject to subparagraph (6) below, any school, as defined in section 114 of the M23Education Act 1944;

(g)subject to subparagraph (7) below, any establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944;

(h)any university or university college or college, school or hall of a university;

(i)any establishment managed or provided by a government department or local authority or by any authority or body constituted by an Act of Parliament or incorporated by Royal Charter.

(6)An independent school within the meaning of the Education Act 1944 is not excluded by subparagraph (5) above if the school provides accommodation for 50 or less children under the age of 18 years and is not for the time being approved by the Secretary of State under section 11(3)(a) of the M24Education Act 1981.

(7)An establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944 is only excluded by subparagraph (5) above until the end of the period of 12 months from the date on which the Secretary of State made the payment.

General interpretationE+W+S

2(1)In this Part of this Schedule—E+W+S

• “disablement”, in relation to persons, means that they are blind, deaf or dumb or substantially and permanently handicapped by illness, injury or congenital deformity or any other disability prescribed by the Secretary of State;

• “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind;

• “personal care” means care which includes assistance with bodily functions where such assistance is required;

• “prescribed” means prescribed by regulations under this Part of this Schedule;

• “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned;

• “registered”, except where the context otherwise requires, means registered under this Part of this Schedule and cognate expressions have a corresponding meaning;

• “registration authority”, in relation to a residential care home, means, subject to subparagraph (2) below, any council which for the purposes of the M25Local Authority Social Services Act 1970 is the local authority for the area in which the home is situated; and

• “standard scale” means the standard scale as defined in section 75 of the M26Criminal Justice Act 1982.

(2)The Council of the Isles of Scilly is the registration authority in relation to a residential care home in the Isles.

Meaning of “relative”E+W+S

3(1)In this Part of this ScheduleE+W+S

• “relative” means any of the following—

(a)husband or wife;

(b)son or daughter;

(c)father or mother;

(d)brother or sister;

(e)grandparent or other ascendant;

(f)grandchild or other descendant;

(g)uncle or aunt;

(h)nephew or niece.

(2)In deducing any relationship for the purposes of subparagraph (1) above—

(a)any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the halfblood as a relationship of the whole blood, and the stepchild of any person as his child, and

(b)an illegitimate person shall be treated as the legitimate child of his mother and reputed father.

(3)In this paragraph “husband” and “wife” include a person who is living with a person carrying on or intending to carry on a residential care home as that person’s husband or wife, as the case may be, and who has been so living for a period of not less than 6 months.

(4)A person, other than a relative, with whom a person carrying on or intending to carry on a residential care home ordinarily resides, and with whom that person has been ordinarily residing for a period of not less than 5 years, shall be treated for the purposes of this Part of this Schedule as if he were a relative.

Penalty for carrying on home without registrationE+W+S

4E+W+SIf any person carries on a residential care home without being registered in respect of it, he shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Registration of managers etc. and persons in controlE+W+S

5E+W+SWhere the manager or intended manager of a residential care home is not in control of it (whether as owner or otherwise) both the manager or intended manager and the person in control are to be treated as carrying on or intending to carry on the home and accordingly as requiring to be registered.

Optional registrationE+W+S

6(1)A person who—E+W+S

(a)is registered under the M27Nursing Homes Act 1975 in respect of any premises; and

(b)would be required to be registered in respect of them under this Part of this Schedule but for paragraph 1(4) above,

may apply to be registered under this Part of this Schedule in respect of those premises.

(2)If he does so apply, this Part of this Schedule shall have effect in relation to him as if he required to be registered under this Part of this Schedule in respect of those premises.

RegistrationE+W+S

7(1)An application for registration shall be made to the registration authority and shall be accompanied by a registration fee of such amount as the Secretary of State may by regulations prescribe.E+W+S

(2)Subject to paragraphs 11, 14 and 15 below, on receipt of an application for registration and of the registration fee the registration authority shall register the applicant in respect of the home named in the application and issue to him a certificate of registration.

(3)It shall be a condition of the registration of any person in respect of a residential care home that the number of persons for whom residential accommodation with both board and personal care is provided in the home at any one time (excluding persons carrying on or employed at the home and their relatives) does not exceed such number as may be specified in the certificate of registration; and the registration may also be subject to such other conditions (to be specified in the certificate) as the registration authority consider appropriate for regulating the age, sex or category of persons who may be received in the home.

(4)The registration authority may from time to time—

(a)vary any condition for the time being in force in respect of a home by virtue of this Part of this Schedule; or

(b)impose an additional condition,

either on the application of a person registered in respect of it or without such an application.

(5)If any condition for the time being in force in respect of a home by virtue of this part of this Schedule is not complied with, any person registered in respect of the home shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

(6)The certificate of registration issued in respect of any home shall be kept affixed in a conspicuous place in the home; and if default is made in complying with this subparagraph, any person registered in respect of the home shall be liable on summary conviction to a fine of an amount notexceeding level 2 on the standard scale and to a further fine not exceeding£5 for each day on which the offence continues after conviction.

Death of only person registered in respect of homeE+W+S

8E+W+SWhere—

(a)one person only is registered in respect of a residential care home; and

(b)that person dies,

his personal representatives or his widow or any other relative of his mayfor a period not exceeding 4 weeks from his death, or such longer period as the registration authority may sanction, carry on the home without being registered in respect of it.

Inspection of registersE+W+S

9E+W+SThe registers kept by a registration authority for the purpose of this Part of this Schedule shall be available for inspection at all reasonable times, and any person inspecting any such register shall be entitled to make copies of entries in the register on payment of such reasonable fee as the registration authority may determine.

Annual fee for registrationE+W+S

10E+W+SThe Secretary of State may by regulations—

(a)require persons registered in respect of residential care homes to payan annual fee of such amount as the regulations may specify; and

(b)Specify when the fee is to be paid.

Refusal of registrationE+W+S

11E+W+SThe registration authority may refuse to register an applicant for registration in respect of a residential care home if they are satisfied—

(a)that he or any other person concerned or intended to be concerned in carrying on the home is not a fit person to be concerned in carrying on a residential care home;

(b)that for reasons, connected with their situation, construction, state of repair, accommodation, staffing or equipment, the premises used orintended to be used for the purposes of the home, or any other premises used or intended to be used in connection with it, are not fit to be so used; or

(c)that the way in which it is intended to carry on the home is such as not to provide services or facilities reasonably required.

Cancellation of registrationE+W+S

12E+W+SThe registration authority may cancel the registration of a person in respect of a residential care home—

(a)on any ground which would entitle them to refuse an application for his registration in respect of it;

(b)on the ground that the annual fee in respect of the home has not been paid on or before the due date; or

(c)on the ground—

(i)that he has been convicted of an offence under this Part of this Schedule or any regulations made under it in respect of that or any other residential care home;

(ii)that any other person has been convicted of such an offence in respect of that home; or

(iii)that any condition for the time being in force in respect of the home by virtue of this Part of this Schedule has not been complied with.

Urgent procedure for cancellation of registration etc.E+W+S

13(1)If—E+W+S

(a)the registration authority apply to a justice of the peace for an order—

(i)cancelling the registration of a person in respect of a residential care home;

(ii)varying any condition for the time being in force in respect of a home by virtue of this Part of this Schedule; or

(iii)imposing an additional condition; and

(b)it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the residents in the home unless the order is made,

he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.

(2)An application under subparagraph (1) above may be made ex parte and shall be supported by a written statement of the registration authority’s reasons for making the application.

(3)An order under subparagraph (1) above shall be in writing.

(4)Where such an order is made, the registration authority shall serve on any person registered in respect of the home, as soon as is practicable after the making of the order,—

(a)notice of the making of the order and of its terms; and

(b)a copy of the statement of the authority’s reasons which supportedtheir application for the order.

Procedure—generalE+W+S

14(1)Subject to subparagraph (2) below, where—E+W+S

(a)a person applies for registration; and

(b)the registration authority propose to grant his application

the authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application.

(2)The registration authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which—

(a)the applicant specified in the application; or

(b)the authority and the applicant have subsequently agreed.

(3)The registration authority shall give an applicant notice of a proposal to refuse his application.

(4)Except where they make an application under paragraph 13 above, the registration authority shall give any person registered in respect of a residential care home notice of a proposal—

(a)to cancel the registration;

(b)to vary any condition for the time being in force in respect of the home by virtue of this Part of this Schedule; or

(c)to impose any additional condition.

(5)A notice under this paragraph shall give the registration authority’s reasons for their proposal.

Right to make representationsE+W+S

15(1)A notice under paragraph 14 above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the registration authority to give him an opportunity to make representations to them concerning the matter.E+W+S

(2)Where a notice has been served under paragraph 14 above, the registration authority shall not determine the matter until either—

(a)any person on whom the notice was served has made representations concerning the matter; or

(b)the period during which any such person could have required them to give him an opportunity to make representations has elapsed without their being required to give such an opportunity; or

(c)the conditions specified in subparagraph (3) below are satisfied.

(3)The conditions mentioned in subparagraph (2) above are—

(a)that a person on whom the notice was served has required the registration authority to give him an opportunity to make representations to them concerning the matter;

(b)that the registration authority have allowed him a reasonable period to make his representations; and

(c)that he has failed to make them within that period.

(4)Representations may be made, at the option of the person making them, either in writing or orally.

(5)If he informs the registration authority that he desires to make oral representations, they shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the registration authority.

16(1)If the registration authority decide to adopt the proposal, they shall serve notice in writing of their decision on any person on whom they were required to serve notice of their proposal.E+W+S

(2)A notice under this paragraph shall be accompanied by a note explaining the right of appeal conferred by paragraph 17 below.

(3)A decision of a registration authority, other than a decision to grant an application for registration subject only to such conditions as are mentioned in paragraph 14(2) above or to refuse an application for registration, shall not take effect—

(a)if no appeal is brought, until the expiration of the period of 28 days referred to in paragraph 17(3) below; and

(b)if an appeal is brought, until it is determined or abandoned.

AppealsE+W+S

17(1)An appeal against—E+W+S

(a)a decision of a registration authority; or

(b)an order made by a justice of the peace under paragraph 13 above.

shall lie to a Registered Homes Tribunal.

(2)An appeal shall be brought by notice in writing given to the registration authority.

(3)No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

(4)On an appeal against a decision of a registration authority the Tribunal may confirm the decision or direct that it shall not have effect.

(5)On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

(6)A Tribunal shall also have power on an appeal against a decision or order—

(a)to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Part of this Schedule;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of the home.

(7)A registration authority shall comply with any direction given by a Tribunal under this paragraph.

Service of documentsE+W+S

18(1)Any notice or other document required under this Part of this Schedule to be served on a person carrying on, or intending to carry on, a residential care home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.E+W+S

(2)For the purposes of section 7 of the M28Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a residential care home enclosing a notice or other document under this Part of this Schedule shall be deemed to be properly addressed if it is addressed to him at the home.

(3)Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4)For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm and in any other case shall the the last known address of the person to be served.

Conduct of residential care homesE+W+S

19(1)The Secretary of State may make regulations as to the conduct of residential care homes, and in particular—E+W+S

(a)as to the facilities and services to be provided in such homes;

(b)as to the numbers and qualifications of staff to be employed in such homes;

(c)as to the numbers of suitably qualified and competent staff to be on duty in such homes;

(d) as to the records to be kept and notices to be given in respect of persons received into such homes;

(e)as to the notification of events occurring in such homes;

(f)as to the giving of notice by a person of a description specified in the regulations of periods during which any person of a description so specified proposes to be absent from a home;

(g)as to the information to be supplied in such a notice;

(h)making provision for children under the age of 18 years who are resident in such homes to receive a religious upbringing appropriate to the religious persuasion to which they belong;

(j)as to the form of registers to be kept by registration authorities for the purposes of this Part of this Schedule and the particulars to be contained in them; and

(k)as to the information to be supplied on an application for registration.

(2)Regulations under this paragraph may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence against the regulations; and any person guilty of an offence against the regulations shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Inspection of homesE+W+S

20(1)Any person authorised in that behalf by the Secretary of State may at all times enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used for the purposes of a residential care home.E+W+S

(2)Any person authorised in that behalf by a registration authority may at all times enter and inspect any premises in the area of the authority which are used, or which that person has reasonable cause to believe to be used, for those purposes.

(3)The powers of inspection conferred by subparagraphs (1) and (2) above shall include power to inspect any records required to be kept in accordance with regulations under this Schedule.

(4)The Secretary of State may by regulations require that residential care homes shall be inspected on such occasions or at such intervals as the regulations may prescribe.

(5)A person who proposes to exercise any power of entry or inspection conferred by this paragraph shall if so required produce some duly authenticated document showing his authority to exercise the power.

(6)Any person who obstructs the exercise of any such power shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Prosecutions etc.E+W+S

21E+W+SWhere an offence under this Part of this Schedule or any regulations under it committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

22(1)In any proceedings for an offence under this Part of this Schedule, subject to subparagraph (2) below, it shall be a defence for the person charged to prove—E+W+S

(a)that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(8)If in any such case the defence provided by subparagraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

RegulationsE+W+S

23(1)Any power of the Secretary of State to make regulations under this Part of this Schedule shall be exercisable by statutory instrument; and any statutory instrument containing regulations under this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.E+W+S

(2)Any such power may be exercised—

(a)either in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b)so as to make, as respects the cases in relation to which the power is exercised—

(i)the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same class or classes of case for different purposes;

(ii)any such provision either unconditionally or subject to any specified condition;

and includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.]

Part IIU.K. Amendments of Acts Relating to Registered Homes

[F15 Nursing Homes Act 1975E+W+S

24E+W+SIn section 1 of the M29Nursing Homes Act 1975—

(a)the following subparagraph shall be added at the end of paragraph (c) of subsection (1)—

“(v)treatment by specially controlled techniques.”;

(b)the following subsection shall be added after that subsection—

“(1A)In subsection (1) above “specially controlled techniques” means techniques specified under subsection (3) below as subject to control for the purposes of this Act.”;

(a)at the end of paragraph (e) of subsection (2) there shall be added (but not as part of subparagraph (iii), the words “unless they are used or intended to be used for the provision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below”; and

(b)the following subsections shall be added after that subsection—

“(3)The Secretary of State may by regulations specify as subject to control for the purposes of this Act any technique of medicine or surgery (including cosmetic surgery) as to which he is satisfied that its use may create a hazard for persons treated by means of it or for the staff of any premises where the technique is used.

(4)Without prejudice to the generality of section 19 below regulations under subsection (3) may define a technique by reference to any criteria which the Secretary of State considers appropriate.

(5)In this section “treatment” includes diagnosis and “treated” shall be construed accordingly.”.

25E+W+SThe following subsection shall be inserted after subsection (1) of section 3 of that Act—

“(1A)Registration under this Act does not affect any requirement to register under Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983 (registration of residential care homes).”.

26E+W+SThe following section shall be inserted after that section—

3A“ Prohibition of holding out premises as nursing home, maternity home or mental nursing home.

(1)A person who, with intent to deceive any person,—

(a)applies any name to premises in England or Wales; or

(b)in any way so describes such premises or holds such premises out,

as to indicate, or reasonably be understood to indicate, that the premises are a nursing home or maternity home, shall be guilty of an offence, unless registration has been effected under this Act in respect of the premises as such a home.

(2)A person who, with intent to deceive any person,—

(a)applies any name to premises in England or Wales; or

(b)in any way so describes such premises or holds such premises out,

as to indicate, or reasonably be understood to indicate, that the premises are a mental nursing home, shall be guilty of an offence, unless registration has been effected under this Act in respect of the premises as such a home.”.

27E+W+SThe following paragraphs shall be inserted after section 5(1)(a) of that Act—

“(aa)make provision as to the giving of notice by a person registered in respect of such a home of periods during which he or, if he is not in charge of the home, the person who is in charge of it, proposes to be absent from the home;

(ab)specify the information to be supplied in such a notice;

(ac)provide for the making of adequate arrangements for the running of such a home during a period when the person in charge of it is absent from it;”.

28E+W+SThe following paragraphs shall be inserted after section 6(c) of that Act—

“(ca)requiring persons registered under this Act to pay an annual fee of such amount as the regulations may specify;

(cb)specifying when the fee is to be paid;”.

29E+W+SIn paragraph (c) of section 7 of that Act for the words “imposed by section 8(1) and (2) below” there shall be substituted the words “for the time being in force in respect of the home by virtue of this Act”.

30E+W+SThe following paragraph shall be inserted after paragraph (d) of that section—

“(e)on the ground that the annual fee in respect of the home has not been paid on or before the due date.”.

31(1)The following subsection shall be substituted for subsection (2A) of section 8 of that Act—E+W+S

“(2A)The Secretary of State may make regulations—

(a)as to the variation of any condition for the time being in force in respect of a nursing home or mental nursing home by virtue of this Act; and

(b)as to the imposition of additional conditions.”.

(2)In subsection (3) of that section, for the words “imposed by or under subsection (1) or (2) above” there shall be substituted the words “for the time being in force in respect of a home by virtue of this Act”.

32E+W+SThe following sections shall be inserted after that section—

8A“ Urgent procedure for cancellation of registration etc.

(1)If—

(a)the Secretary of State applies to a justice of the peace for an order––

(i)cancelling the registration of a person in respect of a nursing home or mental nursing home;

(ii)varying any condition for the time being in force in respect of a home by virtue of this Act; or

(iii)imposing an additional condition; and

(b)it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the patients in the home unless the order is made.

he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.

(2)An application under subsection (1) above may be made ex parte and shall be supported by a written statement of the Secretary of State’s reasons for making the application.

(3)An order under subsection (1) above shall be in writing.

(4)Where such an order is made, the Secretary of State shall serve on any person registered in respect of the home, as soon as practicable after the making of the order,—

(a)notice of the making of the order and of its terms; and

(b)a copy of the statement of the Secretary of State’s reasons which supported his application for the order.

8B Ordinary procedure.

(1)Where—

(a)a person applies for registration in respect of a nursing home or mental nursing home; and

(b)the Secretary of State proposes to grant his application,

the Secretary of State shall give him written notice of his proposal and of the conditions subject to which he proposes to grant his application.

(2)The Secretary of State shall give an applicant notice of a proposal to refuse his application.

(3)Except where he makes an application under section 8A above, the Secretary of State shall give any person registered in respect of a nursing home or mental nursing home notice of a proposal—

(a)to cancel the registration;

(b)to vary any condition for the time being in force in respect of the home by virtue of this Act; or

(c)to impose any additional condition.

(4)A notice under this section shall give the Secretary of State’s reasons for his proposal.

8C Right to make representations.

(1)A notice under section 8B above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the Secretary of State to give him an opportunity to make representations to him concerning any matter which that person wishes to dispute.

(2)Where a notice has been served under section 8B above, the Secretary of State shall not determine any matter in dispute until either—

(a)any person on whom the notice was served has made representations to him concerning the matter; or

(b)the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or

(c)the conditions specified in subsection (3) below are satisfied.

(3)The conditions mentioned in subsection (2) above are—

(a)that a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to him concerning the matter;

(b)that the Secretary of State has allowed him a reasonable period to make his representations; and

(c)that he has failed to make them within that period.

(4)the representations may be made, at the option of the person making them, either in writing or orally.

(5)If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before and of being heard by a person appointed by the Secretary of State.

8D Decision of Secretary of State.

(1)If the Secretary of State decides to adopt the proposal, he shall serve notice in writing of his decision on any person on whom he was required to serve notice of the proposal.

(2)A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 8E below.

(3)A decision of the Secretary of State, other than a decision to grant an application for registration subject only to conditions agreed between the applicant and the Secretary of State or to refuse an application for registration, shall not take effect—

(a)if no appeal is brought, until the expiration of the period of 28 days referred to in section 8E(3) below; and

(b)if an appeal is brought, until it is determined or abandoned.

8E Appeals.

(1)An appeal against—

(a)a decision of the Secretary of State under this Act; or

(b)an order made by a justice of the peace under section 8A above,

shall lie to a Registered Homes Tribunal.

(2)An appeal shall be brought by notice in writing given to the Secretary of State.

(3)No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

(4)On an appeal against a decision of the Secretary of State the Tribunal may confirm the decision or direct that it shall not have effect.

(5)On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

(6)A Tribunal shall also have power on an appeal against a decision or order—

(a)to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Act;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of the home.

(7)The Secretary of State shall comply with any directions of a Tribunal given under this section.”.

33E+W+SThe following section shall be inserted after section 10 of that Act—

10A“ Service of documents.

(1)Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a nursing home or mental nursing home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(2)For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a nursing home or mental nursing home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home.

(3)Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4)For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.”.

34(1)The following paragraph shall be substituted for subsection (1)(a) of section 13 of that Act (fines for failure to affix certificate of registration)—E+W+S

“(a)to a fine of an amount not exceeding level 2 on the standard scale as defined in section 75 of the Criminal Justice Act 1982; and”.

(2) “£5” shall be substituted for “£2” in subsection (1)(b).

35E+W+SThe following section shall be inserted after that section—

13A“ Contravention of section 3A.

A person guilty of an offence under section 3A above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale as defined in section 75 of the Criminal Justice Act 1982.”.

36E+W+SThe following section shall be substituted for section 17 of that Act—

17“ Bodies corporate and their officers.

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”.

37E+W+SIn section 23(2) of that Act for the words “the provisions of this Act relating to mental nursing homes” there shall be substituted the words “this Act”.]

[F16 Child Care Act 1980]U.K.

38In section 56 of the M30Child Care Act 1980 (definition of voluntary home) for the words from “mental” to the end of the section there shall be substituted the words “nursing home or mental nursing home within the meaning of the M31Nursing Homes Act 1975 or a residential care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.

39In section 57 of that Act—

(a)the following subsections shall be substituted for subsections (3) to (5)—

“(3)On an application duly made under subsection (2) above the Secretary of State may either grant or refuse the application, as he thinks fit, or may grant the application subject to such conditions as he considers appropriate.

(3A)The Secretary of State may from time to time—

(b)vary any condition for the time being in force in respect of a voluntary home by virtue of this Part of this Act; or

(c)impose an additional condition,

either on the application of the person carrying on the home or without such an application.

(4)Where at any time it appears to the Secretary of State that the conduct of any voluntary home is not in accordance with regulations made or directions given under section 60 of this Act or is otherwise unsatisfactory, he may cancel the registration of the home and remove it from the register.

(5)Any person who carries on a voluntary home in contravention—

(a)of subsection (1) above; or

(b)of a condition to which the registration of the home is for the time being subject by virtue of this Part of this Act,

shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding—

(i)level 5 on the standard scale, if his offence is under paragraph (a) above; and

(ii)level 4 on that scale, if it is under paragraph (b) above.”;

(b)in subsection (6)—

(i)for the words from the beginning of the subsection to the end of paragraph (b) there shall be substituted the words—

“Where—

(a)a voluntary home is carried on in contravention of the provisions of subsection (1) above or of a condition to which the registration of the home is for the time being subject by virtue of this Part of this Act, or

(b)notice of a proposal to cancel the registration of a voluntary home is given under section 57A below,”; and

(ii)for “58” there shall be substituted “57D”;

(c)in subsection (7), for the words “removes a home from the register” there shall be substituted the words “cancels the registration of a home”; and

(d)the following subsections shall be substituted for subsection (8)—

“(8)Any notice or other document required under this Part of this Act to be served by the Secretary of State on a person carrying on, or intending to carry on, a voluntary home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(9)For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a voluntary home enclosing a notice or other document under this Part of this Act shall be deemed to be properly addressed if it is addressed to him at the home.

(10)Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(11)For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (9) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that ot the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.”.

40The following sections shall be inserted after that section—

“57A Procedure.

“57A(1)Subject to subsection (2) below, where—

(a)a person applies for registration of a voluntary home; and

(b)the Secretary of State proposes to grant his application,

the Secretary of State shall give him written notice of his proposal and of the conditions subject to which he proposes to grant his application.

(2)The Secretary of State need not give notice of such a proposal if he proposes to grant the application subject only to conditions which—

(a)the applicant specified in the application; or

(b)the Secretary of State and the applicant have subsequently agreed.

(3)The Secretary of State shall give an applicant for registration of a voluntary home notice of a proposal to refuse his application.

(4)The Secretary of State shall give any person carrying on a voluntary home notice of a proposal—

(a)to cancel the registration of the home;

(b)to vary any condition for the time being in force in respect of the home by virtue of this Part of this Act; or

(c)to impose any additional condition.

(5)A notice under this section shall give the Secretary of State’s reasons for his proposal.

57B Right to make representations.

57B(1)A notice under section 57A above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the Secretary of State to give him an opportunity to make representations to him concerning the matter.

(2)Where a notice has been served under section 57A above, the Secretary of State shall not determine the matter until either—

(a)any person on whom the notice was served has made representations to him concerning the matter; or

(b)the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or

(c)the conditions specified in subsection (3) below are satisfied.

(3)The conditions mentioned in subsection (2) above are—

(a)that a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to him concerning the matter;

(b)that the Secretary of State has allowed him a reasonable period tomake his representations; and

(c)that he has failed to make them within that period.

(4)The representations may be made, at the option of the person making them, either in writing or orally.

(5)If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before and of being heard by a person appointed by the Secretary of State.

57C Decision of Secretary of State.

57C(1)If the Secretary of State decides to adopt the proposal, he shall serve notice in writing of his decision on any person on whom he was required to serve notice of his proposal.

(2)A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 57D below.

(3)A decision of the Secretary of State, other than a decision to grant an application for registration subject only to such conditions as are mentioned in section 57A(2) above or to refuse an application for registration, shall not take effect—

(a)if no appeal is brought, until the expiration of the period of 28 days referred to in section 57D(3) below; and

(b)if an appeal is brought, until it is determined or abandoned.

57D Appeals.

57D(1)An appeal against a decision of the Secretary of State under this Part of this Act shall lie to a Registered Homes Tribunal.

(2)An appeal shall be brought by notice in writing given to the Secretary of State.

(3)No appeal may be brought by a person more than 28 days after service on him of notice of the decision.

(4)On an appeal the Tribunal may confirm the Secretary of State’s decision or direct that it shall not have effect.

(5)A Tribunal shall also have power on an appeal—

(a)to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Part of this Act;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of the home.

(6)The Secretary of State shall comply with any directions given by a Tribunal under this section”.

41In section 60(1)(a) of that Act after the word “accommodation” there shall be inserted the word “, staff”.

42In subsection (4) of section 76 of that Act (inquiries) for the words from “mental” to the end of the subsection there shall be substituted the words “nursing home or mental nursing home within the meaning of the M32Nursing Homes Act 1975 or a residential care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.

43In subsection (1) of section 87 of that Act (interpretation) the following definition shall be inserted after the definition of “the relevant authorities”—

• “ “standard scale” means the standard scale as defined in section 75 of the Criminal Justice Act 1982;”.

Children’s Homes Act 1982U.K.

[F1744In paragraph (c) of section 1(2) of the M33Children’s Homes Act 1982 (institutions excluded from application of Act) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

[F1845In section 4 of that Act—

(a)the following subsection shall be substituted for subsection 2—

“(2)A local authority may from time to time—

(a)vary any condition for the time being in force in respect of a home by virtue of this Act; or

(b)impose an additional condition,

either on the application of the person carrying on the home or without such an application.”; and

(b)in subsection (3), after the word “imposed” there shall be inserted the words “or varied”.]

46The following sections shall be inserted after section 6 of that Act—

“6A Procedure.

“6A(1)Subject to subsection (2) below, where—

(a)a person applies for the registration of a children’s home; and

(b)the local authority propose to grant his application,

the local authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application.

(2)The local authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which—

(a)the applicant specified in the application; or

(b)the authority and the applicant have subsequently agreed.

(3)The local authority shall give an applicant notice of a proposal to refuse his application.

(4)The local authority shall give any person carrying on a registered home notice of a proposal—

(a)to cancel the registration;

(b)to vary any condition for the time being in force in respect of the home by virtue of this Act; or

(c)to impose any additional condition.

(5)A notice under this section shall give the local authority’s reasons for their proposal.

6B Right to make representations.

6B(1)A notice under section 6A above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the local authority to give him an opportunity to make representations to them concerning the matter.

(2)Where a notice has been served under section 6A above, the local authority shall not determine the matter until either—

(a)any person on whom the notice was served has made representations to them concerning the matter; or

(b)the period during which any such person could have required the local authority to give him an opportunity to make representations has elapsed without their being required to give such an opportunity; or

(c)the conditions specified in subsection (3) below are satisfied.

(3)The conditions mentioned in subsection (2) above are—

(a)that a person on whom the notice was served has required the local authority to give him an opportunity to make representations to them concerning the matter;

(b)that the local authority have allowed him a reasonable period to make his representations; and

(c)that he has failed to make them within that period.

(4)The representations may be made, at the option of the person making them, either in writing or orally.

(5)If he informs the local authority that he desires to make oral representations, the local authority shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the local authority.

6C Decision of local authority.

6C(1)If the local authority decide to adopt the proposal, they shall serve notice in writing of their decision on any person on whom they were required to serve notice of their proposal.

(2)A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 6D below.

(3)A decision of a local authority, other than a decision to grant an application for registration subject only to such conditions as are mentioned in section 6A(2) above or to refuse an application for registration, shall not take effect—

(a)if no appeal is brought, until the expiration of the period of 28 days referred to in section 6D(3) below; and

(b)if an appeal is brought, until it is determined or abandoned.

6D Appeals.

6D(1)An appeal against a decision of a local authority under this Act shall lie to a Registered Homes Tribunal.

(2)An appeal shall be brought by notice in writing given to the local authority.

(3)No appeal may be brought by a person more than 28 days after service on him of notice of the decision.

(4)On an appeal the Tribunal may confirm the local authority’s decision or direct that it shall not have effect.

(5)A Tribunal shall also have power on an appeal—

(a)to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Act;

(b)to direct that any such condition shall cease to have effect; or

(c)to direct that any such condition as it thinks fit shall have effect in respect of the home.

(6)A local authority shall comply with any direction given by a Tribunal under this section.

6E Prohibition of further applications.

6E(1)Subject to subsection (2) below, where an application for the registration of a home is refused, no further application for the registration of the home may be made within the period of six months beginning with the date when the applicant is notified of the refusal.

(2)Subsection (1) above shall have effect, where an appeal against the refusal of an application is determined or abandoned, as if the reference to the date when the applicant is notified of the refusal were a reference to the date on which the appeal is determined or abandoned.

(3)Subject to subsection (4) below, where the registration of a home is cancelled, no application for the registration of the home shall be made within the period of six months beginning with the date of cancellation.

(4)Subsection (3) above shall have effect, where an appeal against the cancellation of the registration of a home is determined or abandoned, as if the reference to the date of cancellation were a reference to the date on which the appeal is determined or abandoned.”.

47The following section shall be substituted for section 12 of that Act—

“12 Service of documents.

“12(1)Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a children’s home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(2)For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a children’s home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home.

(3)Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4)For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm, shall be that of the principal office of the firm and in any other case shall be the last known address of the person to be served.”

48The following subsections shall be added at the end of section 16 of that Act—

“(4)This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order made by statutory instrument prescribe.

(5)A statutory instrument made in exercise of the powers conferred by subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Part IIIE+W+S[F19 Registered Homes Tribunals

PremiminaryE+W+S

49E+W+SThe following are relevant enactments for the purposes of this Part of this Schedule—

(a)the M34Nursing Homes Act 1975;

(b)the M35Child Care Act 1980;

(c)the M36Children’s Homes Act 1982; and

(d)Part I of this Schedule.

Constitution of panels for chairmen and membersE+W+S

50(1)For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be—E+W+S

(a)a panel appointed by the Lord Chancellor (in this Part of this Schedule referred to as “the legal panel”) of persons available to act as chairmen of any such tribunals; and

(b)a panel appointed by the Lord President of the Council (in this Part of this Schedule referred to as “the panel of experts”) of persons available to act as members.

(2)Tribunals constituted under this Part of this Schedule are to be known as Registered Homes Tribunals.

(3)No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.

(4)No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable.

(5)No officer of a government department may be apointed to either panel.

(6)A person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him.

Constitution of Tribunals—generalE+W+S

51(1)A Registered Homes Tribunal shall consist of a chairman and two other members.E+W+S

(2)The chairman shall be a member of the legal panel appointed to the tribunal by the Lord Chancellor.

(3)The other two members shall be members of the panel of experts appointed to the tribunal by the Lord President of the Council.

Tribunals for appeals relating to nursing homes (includingmaternity homes) and mental nursing homesE+W+S

52(1)A Registered Homes Tribunal to hear an appeal relating solely to registration under the M37Nursing Homes Act 1975 shall include a registered medical practitioner.E+W+S

(2)Such a tribunal shall also include—

(a)if the appeal relates to registration of a maternity home, a qualified midwife; and

(b)in any other case, a qualified nurse.

(3)A tribunal which is constituted to hear both an appeal relating to registration under the Nursing Homes Act 1975 and an appeal relating toregistration under Part I of this Schedule shall include a person selected in accordance with supparagraph (2) above.

(4)In this Part of this Schedule—

• “nursing home” and “maternity home” have the meanings assigned to them by section 1 of the M38Nursing Homes Act 1975;

• “mental nursing home” has the meaning assigned to it by section 2 of that Act;

• “qualified midwife” means a person who is for the time being certified under the M39Midwives Act 1951 or registered under the M40Nurses, Midwives and Health Visitors Act 1979; and

• “qualified nurse” means—

(a)a person who is for the time being registered under section 2(1) ofthe M41Nurses Act 1957; or

(b)a person who—

(i)is for the time being registered under the Nurses, Midwives and Health Visitors Act 1979; and

(ii)would have been qualified to be registered under section 2(1) of the Nurses Act 1957.

Procedure of tribunalsE+W+S

53(1)The Secretary of State may by statutory instrument make rules as to the practice and procedure to be followed with respect to theconstitution of Registered Homes Tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings ; and without prejudice to the generality of this paragraph such rules may make provision—E+W+S

(a)requiring particulars to be supplied of matters relevant to thedetermination of an appeal;

(b)enabling two or more appeals to be heard together; and

(c)as to representation before a tribunal, by counsel or a solicitor or otherwise.

(2)Rules under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54E+W+SThe M42Arbitration Act 1950 shall not apply to any proceedings before Registered Homes Tribunals except so far as any provision of that Act may be applied to such tribunals with or without modifications by rules made under paragraph 53 above.

Staff for tribunalsE+W+S

55E+W+SThe Secretary of State shall assign such staff as may from time to time be required for Registered Homes Tribunals.

Fees, allowances and expensesE+W+S

56E+W+SThe Secretary of State may—

(a)pay to members of Registered Homes Tribunals such fees and allowances as he may, with the consent of the Treasury, determine; and

(b)defray the expenses of such tribunals up to such amount as he may with the like consent determine.]

Section 12.

SCHEDULE 5E+W+S Amendments of National Health Service Act 1977

1E+W+SThe M43National Health Service Act 1977 shall have effect subject to the amendments specified in this Schedule.

2E+W+SIn section 22 (cooperation between health authorities and local authorities)—

(a)the following subsection shall be inserted after subsection (3)—

“(3A)It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.”;

(b)in subsection (4)(e), for the words “not members of the authorities represented by the joint consultative committee” there shall be substituted the words “neither—

(i)members of the authorities represented by the joint consultative committee; nor

(ii)appointed by virtue of an order under subsection (3A) above”; and

(c)the following subsection shall be inserted after subsection (5)—

“(6)Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.”

3In section 98 (accounts and audit)—

(a)the following paragraph shall be inserted after subsection (1)(c)—

“(cc)every Family Practitioner Committee;”;

(b)in subsection (4)(a), for the words “those Authorities, special authorities and special trustees” there shall be substituted the words “the bodies mentioned in subsection (1) above, other than the Dental Estimates Board”.

Section 14.

SCHEDULE 6U.K. Medical Practitioners etc.

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Arrangements for provision of general medical services in England and WalesE+W+S

2(1)The following paragraphs shall be added at the end of subsection (2) of section 29 (arrangements and regulations for general medical services) of the M44National Health Service Act 1977—E+W+S

“(f)for the making of arrangements for the temporary provision of general medical services;

(g)for the circumstances in which a name added to the list by virtue of subsection (6) below may be removed from it.”.

(2)The following subsections shall be inserted after subsection (5) of that section—

“(6)The persons with whom arrangements for the temporary provision of general medical services in a district may be made by virtue of regulations under subsection (2) above include medical practitioners who are not on the list of medical practitioners providing such services in the district, and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the list.

(7)Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a)to the making of arrangements for the temporary provision of general medical services; and

(b)to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

(8)Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a)by a direction of the Health Committee of the General Medical Council under section 8(1) or (2) of the Medical Act 1978 (unfitness to practise by reason of physical or mental condition);

(b)by an order of that Committee under section 9(1) of that Act (order for immediate suspension); or

(c)by an interim order of the Preliminary Proceedings Committee of the Council under section 13(3)(b) of that Act,

the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services in person during the suspension.”.

Control of remuneration and conditions of service of health service officersE+W+S

3(1)In paragraph 10(1) of Schedule 5 to the M45National Health Service Act 1977 for the words from the beginning to “of”, in the second place where it occurs, there shall be substituted the words “Subject to and in accordance with regulations and such directions as may be given by the Secretary of State, an authority (other than a Family Practitioner Committee) may employ such officers as it may determine at such remuneration and on such conditions of service as it may determine; and regulations and directions under”.E+W+S

(2)The following subparagraphs shall be inserted after that subparagraph—

“(1A)Regulations or directions under subparagraph (1) above may provide for approvals or determinations to have effect from a date specified in them.

(1B)The date may be before or after the date of giving the approvals or making the determinations but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.”.

Provisions relating to Preserved Boards of GovernorsE+W+S

4For the purposes of section 15(3) of the M46National Health Service Reorganisation Act 1973 (which relates to a preserved Board of Governors)—

(a)section 14 of the M47National Health Service Act 1946 (conditions of service and appointment of officers) shall be treated as if—

(i)in subsection (1), for the words “subject to regulations,” there were substituted the words “subject to and in accordance with regulations and such directions as may be given by the Secretary of State,”; and

(ii)the following subsections were inserted after that subsection—

“(1A)Regulations or directions under subsection (1) of this section may provide for approvals or determinations to have effect from a date specified in them.

(1B)The date may be before or after the date of making the regulations or giving the directions but may not be before if it would be to the detriment of the officers to whom the approvals or determinations relate.”;

(b)section 66 (regulations as to qualifications, remuneration and conditions of service of officers) shall be treated as if, after the word “and”, in the second place where it occurs, there were inserted the words “, subject to directions under section 14(2) of this Act,”.

Section 14.

SCHEDULE 7E+W+S Amendment of National Health Service (Scotland) Act 1978

Delegation of functions to Health BoardsE+W+S

1E+W+SIn section 2 of the M48National Health Service (Scotland) Act 1978 (constituting of Health Boards) in subsection (1), for the words from “functions” to “determine” where it secondly occurs substitute “such of his functions under this Act as he may so determine,”.

Arrangements for provision of general medical services in ScotlandE+W+S

2E+W+SIn section 19 (arrangements and regulations for general medical services) of that Act—

(a)at the end of subsection (2) insert—

“(f)for the making of arrangements for the temporary provision of general medical services in an area;

(g)for the circumstances in which a name added to the list by virtue of subsection (5) below may be removed from it.”.

(b)after subsection (4) insert—

“(5)The persons with whom arrangements for the temporary provision of general medical services in an area may be made by virtue of regulations under subsection (2) include medical practitioners who are not on the list of medical practitioners providing such services in the area, and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the lists.

(6)Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a)to the making of arrangements for the temporary provision of general medical services; and

(b)to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

(7)Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a)by a direction of the Health Committee of the General Medical Council under section 8(1) or (2) of the Medical Act 1978 (unfitness to practise by reason of physical or mental condition);

(b)by an Order of that Committee under section 9(1) of that Act (order for immediate suspension); or

(c)by an interim order of the preliminary Proceedings Committee of the Council under section 13(3)(b) of that Act.

the suspension shall not terminate any arrangements made with him for the provision of general medical services; but he shall not provide such services in person during that period of suspension.”.

Disposal of landE+W+S

3E+W+SIn section 79 of that Act (purchase of land and moveable property) after subsection (1) insert—

“(1A)Without prejudice to any other power of disposal, the Secretary of State may dispose of any land which he considers is no longer required for the purposes of any service under this Act and where he has delegated any of his functions with regard to the acquisition, management or disposal of land to a Health Board or to the Agency, any instrument in connection with the exercise of those functions shall be deemed to be validly executed by him if it is executed on his behalf by any officer of the Health Board or the Agency authorised by him for the purpose; and any instrument so executed shall, for the purposes of section 1(8) and (9) of the Reorganisation of Offices (Scotland) Act 1939, be deemed to have been executed by an officer of the Secretary of State duly authorised by him.”.

Control of remuneration and conditions of service of employeesE+W+S

4(1)The following paragraph shall be added after paragraph 5 of Schedule 1 to that Act—E+W+S

“5ARegulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.”.

(2)The following paragraph shall be added after paragraph 7 of Schedule 5 to that Act—

“7ARegulations or directions under paragraph 7 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.”.

Section 25.

SCHEDULE 8U.K. Social Security Adjudications

Part IE+W+S General

1(1)The functions of insurance officers appointed under the M49Social Security Act 1975, benefit officers appointed under the & M50middot;Supplementary Benefits Act 1976 and supplement officers appointed under the M51Family Income Supplements Act 1970 shall be exercised by officers to be called adjudication officers.

(2)The functions of local tribunals constituted under the Social Security Act 1975 and of Appeal Tribunals constituted under the Supplementary Benefits Act 1976 shall be exercised by tribunals to be called social security appeal tribunals.

(3)Accordingly—

(a)any enactment or instrument passed or made before the coming into force of this paragraph shall have effect, so far as may be necessary in consequence of the changes made by this paragraph, as if—

(i)for any reference to an officer whose functions are transferred by subparagraph (1) above there were substituted a reference to an adjudication officer; and

(ii)for any reference to a tribunal whose functions are transferred by subparagraph (2) above there were substituted a reference to a social security appeal tribunal; and

(b)documents and forms printed or duplicated for use in connection with the officers and tribunals whose functions are so transferred may be used notwithstanding that they contain references to such officers and tribunals and those references shall be construed as references to adjudication officers and social security appeal tribunals.

(4)Without prejudice to the generality of subparagraph (3)(a) above the enactments specified in Parts II to V of this Schedule shall have effect subject to the amendments there specified.

Part IIU.K. Amendments of Social Security Act 1975

2The following subsections shall be substituted for section 97(1) and (2) of the Social Security Act 1975—

“97 Adjudication officers and bodies.

“97(1)Adjudication officers shall be appointed by the Secretary of State, subject to the consent of the Treasury as to number, and may include officers of the Department of Employment appointed with the concurrence of the Secretary of State in charge of that Department.

(1A)An adjudication officer may be appointed to perform all the functions of adjudication officers under any enactment or such functions of such officers as may be specified in his instrument of appointment.

(1B)The Secretary of State shall appoint a Chief Adjudication Officer.

(1C)It shall be the duty of the Chief Adjudication Officer to adviseadjudication officers on the performance of their functions under this or any other Act.

(1D)The Chief Adjudication Officer shall keep under review the operation of the system of adjudication by adjudication officers under this and any other Act and matters connected with the operation of that system.

(1E)The Chief Adjudication Officer shall report annually in writing to the Secretary of State on the standards of adjudication and the Secretary of State shall publish his report.

(2)A social security appeal tribunal shall consist of a chairman and two other persons.

(2A)One of those persons shall be drawn from the panel mentioned in subparagraph (3) of paragraph 1 of Schedule 10 to this Act.

(2B)The other shall be drawn from the panel mentioned in subparagraph (4) of that paragraph.

(2C)The President shall nominate the chairman.

(2D)The President may nominate as chairman either himself or a person drawn—

(a)from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the Tribunals and Inquiries Act 1971; or

(b)from the persons appointed to act as chairmen under paragraph 1A of Schedule 10 to this Act.

(2E)Subject to regulations under paragraph 31 of Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983, no person shall be appointed chairman of a tribunal under subsection (2D)(a) above unless he is a barrister, advocate or solicitor of not less than 5 years’ standing.”.

3The following subsection shall be inserted after section 104(1) of that Act—

“(1A)Any decision of an adjudication officer may in prescribed circumstances be reviewed, upon the ground that it was erroneous in point of law, by an adjudication officer or on a reference from an adjudication officer, by a social security appeal tribunal.”.

4In section 112(3) of that Act (under which no appeal lies from a medical appeal tribunal to a Social Security Commissioner without the leave of the tribunal or of a Commissioner) for the words “medical appeal tribunal” there shall be substituted the words “person who was the chairman of the medical appeal tribunal when the decision was given or, in a case prescribed by regulations, the leave of some other chairman of a medical appeal tribunal”.

5In section 115(2) of that Act (tribunals) for the word “local” there shall be substituted the words “social security appeal”.

6In section 117(1) of that Act (finality of decisions) for the words “the decision of any claim or question in accordance with those provisions” there shall be substituted the words “and to section 14 of the M52Social Security Act 1980 (appeal from Social Security Commissioners etc. on a point of law) the decision of any claim or question in accordance with this Act”.

7The following paragraph shall be substituted for paragraph 1 of Schedule 10 to that Act—

“1(1)The panels referred to in section 97(2A) of this Act shall be constituted by the President for the whole of Great Britain, and shall act for such areas as the President thinks fit and be composed of such persons as the President thinks fit to appoint.

(2)There shall be two panels for each area.

(3)One panel shall be composed of persons who appear to the President to represent employed earners.

(4)The other shall be composed—

(a)of persons who appear to him to represent employers and earners other than employed earners; and

(b)of persons who appear to him to have knowledge or experience of conditions in the area and to represent persons living or working in it.

(5)Before appointing members to a panel, the President may take into consideration any recommendations—

(a)from such local committees representing employers or employed earners or both; or

(b)from such organisations concerned with the interests of employers or employed earners; or

(c)from such other organisations or from such persons as he considers appropriate.

(6)The members of the panels shall hold office for such period as the President may direct, but the President may at any time terminate the appointment of any member of a panel.

(7)Subject to subparagraph (8) below, each member of a panel shall, so far as practicable, be summoned in turn to serve upon a social security appeal tribunal.

(8)If practicable, at least one of the members of the tribunal hearing a case shall be of the same sex as the claimant.”.

8The following shall be inserted after the said paragraph 1—

“1A The President of social security appeal tribunals and medical appeal tribunals and regional chairmen and other fulltime chairmen

“1A(1)The Lord Chancellor may, after consultation with the Lord Advocate, appoint—

(a)a President of social security appeal tribunals and medical appeal tribunals; and

(b)regional and other fulltime chairmen of such tribunals.

(2)A person is qualified to be appointed President if he is a barrister, advocate or solicitor of not less than 10 years’ standing.

(3)A person is qualified to be appointed a fulltime chairman if he is a barrister, advocate or solicitor of not less than 7 years’ standing.

(4)Subject to subparagraphs (5) to (9) below a person appointed to an office under this paragraph shall hold and vacate that office in accordance with the terms of his appointment.

(5)Subject to subparagraphs (6) and (7) below, a person appointed to such an office shall vacate his office at the end of the completed year of service in which he attains the age of 72.

(6)Where the Lord Chancellor considers it desirable in the public interest to retain such a person in office after the time at which he would be required to subparagraph (5) above to vacate it, the Lord Chancellor may from time to time authorise the continuance of that person in office until any date not later that that on which that person attains the age of 75.

(7)A person appointed to an office under this paragraph may be removed from office by the Lord Chancellor on the ground of misbehaviour or incapacity.

(8)No person appointed to an office under this paragraph shall either directly or indirectly practise as a barrister, advocate or solicitor or as an agent for a solicitor.

(9)Where the Lord Chancellor proposes to exercise a power conferred on him by subparagraph (6) or (7) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

(10)The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of persons appointed to offices under this paragraph as, with the consent of the Treasury, he may determine.

(11)The President may appoint such officers and staff as he thinks fit—

(a)for himself;

(b)for other persons appointed to offices under this paragraph; and

(c)for social security appeal tribunals,

with the consent of the Secretary of State and the Treasury as to numbers and as to remuneration and other terms and conditions of service.

1B Clerks of tribunals

The President shall assign a clerk to serve the social security appeal tribunal for each area.

1CThe duty of summoning members of a panel to serve on a tribunal shall be performed by the clerk to the tribunal.

1D Administrative duties of President

It shall be the duty of the President—

(a)to arrange—

(i)such meetings of chairmen and members of social security appeal tribunals; and

(ii)such training for such chairmen and members,

as he considers appropriate; and

(b)to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of social security appeal tribunals.”.

9The following paragraph shall be substituted for paragraph 2 of Schedule 12 to that Act—

“2(1)A medical appeal tribunal shall consist of a chairman and two other persons.

(2)The members other than the chairman shall be medical practitioners appointed by the Secretary of State after consultation with such academic medical bodies as appear to him to be appropriate.

(3)The President shall nominate the chairman.

(4)The President may nominate as chairman either himself or a person drawn—

(a)from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the Tribunals and Inquiries Act 1971;

(b)from the persons appointed to act as chairmen under paragraph 1A of Schedule 10 to this Act.

(5)No person shall be appointed to the panel mentioned in subparagraph (4) above unless he is a barrister, advocate or solicitor of not less than 7 years’ standing.”.

10The following paragraph shall be inserted after paragraph 5 of that Schedule—

“5AThe President may appoint such officers and staff for medical appeal tribunals as he thinks fit, with the consent of the Secretary of State and the Treasury as to numbers and as to remuneration and other terms and conditions of service.”.

11The following paragraph shall be added at the end of that Schedule—

“9It shall be the duty of the President—

(a)to arrange—

(i)such meetings of chairmen and members of medical appeal tribunals, and

(ii)such training for such chairmen and members, as he considers appropriate; and

(b)to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of medical appeal tribunals.”.

12In paragraph 9(a) of Schedule 13 to that Act (procedure) for the word “local” there shall be substituted the words “social security appeal”.

13In Schedule 20 to that Act the following definition shall be inserted at the appropriate point—

• “The President of social security appeal tribunals and medical appeal tribunals.”.

Parts III and IVE+W+S

14—17.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Part VU.K. Miscellaneous Amendments

18U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Social Security and Housing Benefits Act 1982 (c. 24)U.K.

19In paragraph 8 of Schedule 2 to the Social Security and Housing Benefits Act 1982—

(a)in subparagraph (1)(b) for the words “a benefit officer appointed under section 27 of the M53Supplementary Benefits Act 1976 determines” there shall be substituted the words “it is determined”; and

(b)subparagraph (4) shall cease to have effect.

20In paragraph 12 of Schedule 3 to that Act—

(a)for the words “if, in the opinion of” there shall be substituted the word “unless”; and

(b)for the words from “disclosure” to the end of the paragraph there shall be substituted the words “otherwise directs”.

Part VIU.K. Medical Boards

Amendments of Social Security Act 1975U.K.

21(1)The following subsection shall be substituted for section 108(2) of the M54Social Security Act 1975—

“(2)Subject to and in accordance with regulations, the disablement questions shall be referred to and determined by an adjudicating medical practitioner or by two or more adjudicating medical practitioners or by a medical appeal tribunal.”.

(2)In subsection (3) of that section, for the words “medical boards” there shall be substituted the words “adjudicating medical practitioners”.

(3)The following subsections shall be substituted for subsection (4) of that section—

“(4)Where the case of a claimant for disablement benefit has been referred by the insurance officer to one or more adjudicating medical practitioners for determination of the disablement questions and, on that or any other subsequent reference, the extent of the disablement is provisionally assessed, the case shall again be referred under this section, to one or more adjudicating medical practitioners as regulations may provide for the purposes of such subsequent references, not later than the end of the period taken into account by the provisional assessment.

(5)In the following provisions of this Act “adjudicating medical practitioner” means, in relation to any case, one such practitioner, unless regulations applicable to cases of that description provide for references to more than one.”.

22In section 109 of that Act—

(a)in subsection (1), for the words “a medical board” there shall be substituted the words “an adjudicating medical practitioner”;

(b)in subsection (2)—

(i)for the words “medical board” there shall be substituted the words “adjudicating medical practitioner”; and

(ii)the proviso shall cease to have effect; and

(c)in subsection (3), for the words “medical board” there shall be substituted the words “adjudicating medical practitioner”.

23In section 110 of that Act—

(a)in subsection (1), for the words “a medical board” there shall be substituted the words “an adjudicating medical practitioner”;

(b)in subsection (2), for the words “a medical board if the board are” there shall be substituted the words “an adjudicating medical practitioner if he is”;

(c)in subsection (6)—

(i)for the words “a medical board” there shall be substituted the words “an adjudicating medical practitioner”;

(ii)for the word “they” there shall be substituted the word “he”; and

(iii)for the word “them” there shall be substituted the word “him”; and

(d)in subsection (7), for the words “a medical board” there shall be substituted the words “an adjudicating medical practitioner”.

24In section 113—

(a)the following paragraph shall be substituted for subsection (2)(a)—

“(a)for the appointment of specially qualified adjudicating medical practitioners and the appointment of medical officers for the purposes of the regulations (which shall be taken to include, in the case of specially qualified adjudicating medical practitioners, the purposes for which adjudicating medical practitioners are appointed and medical appeal tribunals are established);”;

(b)in subsection (2)(b), for the words “any such board or” there shall be substituted the words “specially qualified adjudicating medical practitioners or any such”;

(c)in subsection (3)—

(i)for the words from “member”, in the first place where it occurs, to “established” there shall be substituted the words “specially qualified adjudicating medical practitioner appointed”;

(ii)for the word “member”, in the second place where it occurs, there shall be substituted the words “practitioner”; and

(iii)for the words “any such board or with the work” there shall be substituted the words “the work under this section of any such medical practitioner or”.

25In section 115(2) of that Act, for the words “a medical board or a single medical practitioner acting in place of a medical board” there shall be substituted the words “or an adjudicating medical practitioner”.

26In section 117 of that Act the words “an adjudicating medical practitioner or a” shall be substituted for the words “a medical board or” in subsections (3) and (4).

27In Schedule 12 to that Act—

(a)the following paragraph shall be substituted for paragraph 1—

Adjudicating medical practitioners shall be appointed by the Secretary of State.”; and

(b)the following paragraphs shall be substituted for paragraphs 3 to 6—

Subject to the foregoing paragraphs, the appointment of adjudicating medical practitioners and the constitution of medical appeal tribunals shall be determined by regulations.

The Secretary of State may pay to adjudicating medical practitioners and chairmen and other members of medical appeal tribunals such remuneration and such travelling and other allowances, as he may determine.

The Secretary of State may pay to persons required to attend on the consideration of a case before an adjudicating medical practitioner or a medical appeal tribunal such travelling and other allowances as he may determine.

The Secretary of State may pay such other expenses as he may determine, being expenses incurred in connection with the work of adjudicating medical practitioners and medical appeal tribunals.”.

28In Schedule 20 to that Act the following definition shall be inserted at the appropriate point—

• “Construe in accordance with section 108(5).”.

SupplementaryE+W+S

29E+W+SAny enactment passed before the coming into force of this paragraph and not amended by the foregoing provisions of this Part of this Schedule and any instrument made before the coming into force of this paragraph shall have effect, so far as may be necessary in consequence of the changes made by this Part of this Schedule, as if—

(a)for any reference to a medical board constituted under the M55Social Security Act 1975 there were substituted a reference to an adjudicating medical practitioner; and

(b)for any reference to a special medical board established by virtue of regulations under section 113 of that Act there were substituted a reference to a specially qualified adjudicating medical practitioner.

30Documents and forms printed or duplicated for use in connection with medical boards and special medical boards may be used notwithstanding that they contain references to such boards and those references shall be construed respectively as references to adjudicating medical practitioners and specially qualified adjudicating medical practitioners.

Part VIIU.K. Supplementary

31(1)The Secretary of State may by regulations made by statutory instrument make such transitional provision or saving as he considers necessary or expedient in connection with section 25 above [F23this Schedule and section 16 of the Health and Social Security Act 1984].

(2)Regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(4)Nothing in the M56Industrial Injuries and Diseases (Old Cases) Act 1975 shall require a draft of a scheme under that Act to be laid before Parliament or approved by resolution of either House before the making of the scheme if the statutory instrument containing the scheme states that the scheme is made in consequence of section 25 above and this Schedule; but the statutory instrument containing the scheme shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Subsections (2) and (3) of section 166 of the M57Social Security Act 1975 (which among other things make provision about the extent of powers to make orders and regulations) shall apply to the power to make regulations conferred by this paragraph as they apply to any power to make regulations conferred by that Act.

(6)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M58Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 25 above and this Schedule—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House.

Section 29.

SCHEDULE 9U.K. Minor and Consequential Amendments

Part IU.K. Miscellaneous Amendments

[F25 Public Health Act 1936 (c. 49)E+W+S

1E+W+SSo much of subsections (3) and (4) of section 143 of the Public Health Act 1936 (regulations for prevention and treatment of infectious disease etc.) as relates to the enforcement and execution of regulations under that section by officers and men employed in the coastguard shall cease to have effect.]

Public Health (Scotland) Act 1945 (c. 15)E+W+S

2(1)In subsections (3) and (4) of section 1 of the Public Health (Scotland) Act 1945 (regulations for prevention and treatment of infectious diseases etc.) the words “and officers and men employed in the coastguard” shall be omitted wherever they occur.E+W+S

(2)In the proviso to subsection (3) of that section, for the words “officer, or person” there shall be substituted the words “or officer”.

(3)In section (4) of that section after the word “Board” there shall be inserted the word “or”.

National Assistance Act 1948 (c. 29)E+W+S

3E+W+SThe following section shall be inserted after section 30 of the National Assistance Act 1948—

“30A Research.

Without prejudice to any powers conferred on them by any other Act,—

(a)the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and

(b)a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.”.

[F264E+W+SIn section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

[F27 Nurseries and Child-Minders Regulation Act 1948 (c. 53)]U.K.

5In subsection (3) of section 3 of the Nurseries and Child-Minders Regulation Act 1948 (by virtue of which a local social services authority are required to issue a copy of a certificate under that section which has been lost or destroyed on payment of a fee not exceeding 25p) for the words from “fee” to “authority”, in the third place where it occurs, there shall be substituted the words “reasonable fee as they”

[F28 Mental Health Act 1959 (c. 72)E+W+S

6E+W+SIn section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from “home” to the end of the subsection there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

Public Bodies (Admission to Meetings) Act 1960 (c. 67)U.K.

7The following subparagraph shall be inserted after subparagraph (f) of paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies)—

“(g)Family Practitioner Committees, but only in so far as regards the exercise of their executive functions;”.

Social Work (Scotland) Act 1968 (c. 49)E+W+S

8E+W+SIn section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—

(a)the word “section” shall be substituted for the words “sections 64 and”; and

(b)after the word “1968” there shall be inserted the words “and section 16B of the National Health Service (Scotland) Act 1978”.

[F29 Local Authority Social Services Act 1970 (c. 7)E+W+S

9E+W+SAt the end of Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority), there shall be inserted the following entry—

“Registration of residential care homes.”.]

Tribunals and Inquiries Act 1971 (c. 62)E+W+S

10In subsection (3) of section 7 of the Tribunals and Inquiries Act 1971 (which specifies the tribunals mentioned in certain paragraphs of Schedule 1 to that Act of which the chairmen are to be selected from a panel of persons appointed by the Lord Chancellor) for the words “30A (a) or (c) or 30B” there shall be substituted the words “or 30A (a) or (c)”.

11In subsection (1) of section 13 of that Act (appeals from certain tribunals) after the word “Act”, there shall be inserted the words “or to proceedings before a Registered Homes Tribunal”.

[F3012E+W+SThe following paragraph shall be substituted for paragraph 4 of Schedule 1 to that Act—

“ Registration of voluntary homes under Child Care Act 1980 and children’s homes under Children’s Homes Act 1982.

4Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.]

13E+W+SThe following paragraph shall be inserted after paragraph 21 of that Schedule—

“ Nursing Homes and Mental Nursing Homes Registration.

21ARegistered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.

14E+W+SThe following paragraph shall be inserted after paragraph 28 of that Schedule—

“ Residential Care Homes Registration

28ARegistered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.

15In paragraph 30A (a) of that Schedule for the word “Local” there shall be substituted the words “Social security appeal” .

[F31 Local Government Act 1972 (c. 70)]U.K.

16In subsection (1) of section 102 of the Local Government Act 1972 (appointment of committees) after the word “above” there shall be inserted the words “or section 31 of the Child Care Act 1980”.

Guardianship Act 1973 (c. 29)E+W

17In subsection (4)(d) of section 4 of the Guardianship Act 1973 (provisions as to order committing care of minor to local authority) for the word “or” there shall be substituted the word “and”.

House of Commons Disqualification Act 1975 (c. 24)E+W+S

18E+W+SIn Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted in the appropriate place in alphabetical order—

“A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as Chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals.

The President of Social Security Appeal Tribunals and Medical Appeal Tribunals.

A regional or other fulltime Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.”.

Adoption Act 1976 (c. 36)E+W+S

19E+W+SIn section 32(3) of the Adoption Act 1976 (meaning of “protected child”) the following paragraph shall be substituted for paragraph (b)—

“(b)he is—

(i)suffering from mental disorder within the meaning of the Mental Health Act 1983; and

(ii)resident in a residential care home, within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983;”.

20E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

National Health Service Act 1977 (c. 49)E+W+S

21E+W+SSo much of subsection (2) of section 100 of the National Health Service Act 1977 as requires that payments made under that section shall be in accordance with regulations made by the Secretary of State and approved by the Treasury shall cease to have effect.

22E+W+SIn Section 128(1) of that Act (interpretation and construction) the following definition shall be inserted after the definition of “dental practitioner”—

• “ “disabled persons” means persons who are blind, deaf or dumb or who suffer from mental disorder of any description and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;”.

23E+W+SAt the end of Schedule 8 to that Act (local social services authorities) there shall be added—

“ ResearchE+W+S

4Without prejudice to any powers conferred on them by any other Act, a local social services authority may conduct or assist other persons in conducting research into matters relating to the functions of local social services authorities under this Schedule.”.

National Health Service (Scotland) Act 1978 (c. 29)E+W+S

24E+W+SIn section 105(7) of the National Health Service (Scotland) Act 1978 (orders, regulations and directions) for the words “or orders” there shall be substituted the words “, orders or directions”.

Employment Protection (Consolidation) Act 1978 (c. 44)E+W+S

25In paragraph 1 of Schedule 5 to the Employment Protection (Consolidation) Act 1978 (National Health Service employers), for the words “Area Health Authority, District Health Authority,” there shall be substituted the words “District Health Authority, preserved Board (within the meaning of section 15(6) of the National Health Service Reorganisation Act 1973),”.

[F33 Foster Children Act 1980 (c. 6)E+W+S

26E+W+SIn subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from “home” to end of the section there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

Reserve Forces Act 1980 (c. 9)E+W+S

27E+W+SThe following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers are not liable to be recalled for service)—

“2A person who is receiving treatment for mental disorder as an inpatient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.”.

Overseas Development and Cooperation Act 1980 (c. 63)E+W+S

28The words “for an area or district” shall be omitted from Part II of Schedule 1 to the Overseas Development and Cooperation Act 1980 (bodies constituted under the National Health Service Act 1977).

Part IIE+W+S Meals and Recreation for Old People

1A district council shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere and may employ as their agent for the purpose of this paragraph any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people.

2A district council may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—