Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 2002, and shall come into force on 31st December 2002.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations—

• “1984 Act” (“Deddf 1984”) means the Registered Homes Act 1984(4);

• “1989 Act” (“Deddf 1989”) means the Children Act 1989;

• “2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;

• “home” (“cartref”) means—

  (a)

  a community home within the meaning of section 53 of the 1989 Act;

  (b)

  a home that was registered under Part VIII of the 1989 Act(5);

  (c)

  a home that was registered in a register kept for the purposes of section 60 of the 1989 Act(6);

  (d)

  a home referred to in article 3(9) of the No. 8 Commencement Order (7);

  (e)

  a residential care home within the meaning of section 1(1) of the 1984 Act, a nursing home within the meaning of section 21 of the 1984 Act, and a mental nursing home within the meaning of section 22 of the 1984 Act(8).

• “the No. 8 Commencement Order” (“Gorchymyn Cychwyn Rhif 8”) means the Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002(9).

Amendment of the Care Homes (Wales) Regulations 2002

2.—(1) In regulation 2(1) of the Care Homes (Wales) Regulations 2002(10) the definition of “relative” is amended in accordance with paragraph (2) of this regulation.

(2) For the words “(d) any individual with whom the person was accommodated for more than 28 days between the ages of sixteen and eighteen under fostering arrangements, or the individual’s spouse” substitute “(d) any individual who was provided with accommodation for more than 28 days between the ages of sixteen and eighteen under fostering arrangements made with the person, or the individual’s spouse”.

Amendment of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002

3.  In paragraph 3 of Schedule 1 to the Registration of Social Care and Independent Health Care (Wales) Regulations 2002(11) at the beginning of sub-paragraph (a) insert the words “except where the applicant is a local authority or NHS Trust,”.

Amendment of the Registration of Social Care and Independent Health Care (Fees) (Wales) Regulations 2002

4.  In regulation 7(5)(c) of the Registration of Social Care and Independent Health Care (Fees) (Wales) Regulations 2002(12) for the word “home” substitute “independent hospital or clinic”.

Amendment of the Arrangements for Placement of Children (General) Regulations 1991

5.—(1) The Arrangements for the Placement of Children (General) Regulations 1991(13) are amended in accordance with the following provisions of this regulation.

(2) In regulations 1(2), 2(1), 5(1), 6, 10(2) and (3) and 11, and in paragraph 5 of Schedule 4, in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”.

(3) In regulation 1(2) (interpretation), in the definition of “placement”, in both paragraph (a) and (b), for “(b), (c), (d)” substitute “(aa)”(14).

(4) In regulation 2(2) (application of regulations) for the words after “voluntary organisation”, substitute “, in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.

(5) In regulation 11 (access by guardians ad litem to records and register), and in the heading to that regulation, for “guardian ad litem” substitute “officer of the service”(15).

(6) In Schedule 3 (educational considerations to which responsible authorities are to have regard), in paragraph 4—

(a)for “Education Act 1981” substitute “Education Act 1996”(16); and

(b)for “section 7” substitute “section 324”.

Amendment of the Placement of Children with Parents etc. Regulations 1991

6.—(1) The Placement of Children with Parents etc. Regulations 1991(17) are amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) (interpretation), the definition of “guardian ad litem” is omitted.

(3) In paragraph 1 of Schedule 1 (particulars to be taken into account)—

(a)in sub-paragraph (f), for the words from “under” to “Act” substitute “for child minding or day care”; and

(b)for sub-paragraph (k) substitute—

“(k)details of any criminal offences of which he has been convicted, or in respect of which, at the time the caution was given, he admitted.”.

Amendment of the Review of Children’s Cases Regulations 1991

7.—(1) The Review of Children’s Cases Regulations 1991(18) are amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) (interpretation), the definition of “guardian ad litem” is omitted.

(3) In regulations 1(2) and 12, in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”.

(4) In regulation 13 (exceptions to application of Regulations), for the words from “on behalf of” to the end of the regulations, substitute “by a local authority or a voluntary organisation in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.

(5) In Schedule 2 (considerations to which responsible authorities are to have regard), in paragraph 4, for “Education Act 1981” substitute “Education Act 1996”.

Amendment of the Representations Procedure (Children) Regulations 1991

8.  The Representations Procedure (Children) Regulations 1991(19) are amended as follows—

(a)in regulation 11(2) (application to voluntary organisations and registered children’s homes), in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”; and

(b)in regulation 11A (exceptions to application of regulations) for the words after “voluntary organisation” to the end of the regulation, substitute “, in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.

Amendment of the Refuges (Children’s Homes and Foster Placements) Regulations 1991

9.  The Refuges (Children’s Homes and Foster Placements) Regulations 1991(20) are amended as follows—

(a)in regulation 2(1) (interpretation), in the definition of “home” and in regulation 4(2), for the words “registered children’s home” substitute “private children’s home”; and

(b)in regulation 4(1) (withdrawal of a certificate) in sub-paragraph (b), for “Part II of the Children’s Homes Regulations 1991” substitute “Parts III to V of the Children’s Homes (Wales) Regulations 2002(21)”.

Amendment of the Children (Secure Accommodation) Regulations 1991

10.  The Children (Secure Accommodation) Regulations 1991(22) are amended as follows—

(a)in regulation 2(1) (interpretation), in the definition of “children’s home”, for “registered” substitute “private”;

(b)in regulation 5 (children to whom section 25 of the Act shall not apply), in paragraph (1), for “section 53” to the end of that paragraph, substitute “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s Pleasure or for specified period)(23).”; and

(c)in regulation 7 (children to whom section 25 of the Act shall apply and have effect subject to modifications)—

(i)in each of paragraphs (1)(b) and (3)(b), for “residential care homes, nursing homes or mental nursing homes” substitute “care homes or independent hospitals”; and

(ii)in paragraph (3)(a) for “residential care home, a nursing home or a mental nursing home” substitute “care home or an independent hospital”.

Amendment of the Children (Secure Accommodation) (No. 2) Regulations 1991

11.  In paragraph (2) of regulation 2 of the Children (Secure Accommodation) (No. 2) Regulations(24), for “residential care home, nursing home, or mental nursing home” substitute “care home or independent hospital”.

Amendment of the Children (Leaving Care) (Wales) Regulations 2001

12.  In the definition of “hospital” in regulation 2 of the Children (Leaving Care) (Wales) Regulations 2001(25) for paragraph (b) substitute “(b) a registered establishment within the meaning of section 34(1) of the Mental Health Act 1983(26)”.

Transitional provision

13.—(1) No amendment made in regulations 5 to 12 of these Regulations shall apply in respect of, or in relation to, a home to which, for the time being, any of the provisions mentioned in paragraph (2) apply.

(2) The provisions are paragraphs (6) to (9) of article 3 of the No. 8 Commencement Order.

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, make miscellaneous amendments to a number of Regulations which govern the placement, care and accommodation of children looked after by local authorities in the exercise of their functions under the Children Act 1989 ('the 1989 Act'), and to a number of Regulations made under the Care Standards Act 2000 ('the 2000 Act').

The 1989 Act Regulations are amended as a consequence of the implementation of Part II of the 2000 Act in respect of children’s homes and care homes. Various other minor and updating amendments are also made.

The 2000 Act Regulations are amended to remedy a minor drafting error, and also: (i) in respect of the Care Homes (Wales) Regulations 2002, to clarify that where an establishment only provides care together with accommodation to certain ex-foster children of the person carrying it on it is not a care home for the purposes of Part II of the 2000 Act; and (ii) in respect of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002, to omit the requirement that a local authority or a NHS Trust must supply a financial reference to accompany an application for registration under Part II of the Care Standards Act 2000.