Office of Public Sector Information
SCHEDULE 4 continued
20 In paragraph 7 of Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount)—
(a) in sub-paragraph (1)(a), for “residential care home, nursing home, mental nursing home” there shall be substituted “care home, independent hospital”;
(b) in sub-paragraph (1)(b), after “home” there shall be inserted “, hospital”;
(c) for sub-paragraph (2), there shall be substituted—
“(2) In this paragraph—
“care home” means—
a care home within the meaning of the Care Standards Act 2000; or
a building or part of a building in which residential accommodation is provided under section 21 of the [1948 c. 29.] National Assistance Act 1948;
“hostel” means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph;
“independent hospital” has the same meaning as in the Care Standards Act 2000.” and
(d) in sub-paragraph (3), for ““mental nursing home”, “nursing home” or “residential care home”” there shall be substituted ““care home” or “independent hospital””.
21 In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of Council), paragraph 36A (inserted by paragraph 8 of the Schedule to the [1999 c. 14.] Protection of Children Act 1999) is renumbered as paragraph 36B and, in the first column of that paragraph, after “Protection of children” there shall be inserted “and vulnerable adults, and care standards”.
22 In section 2 of the Criminal Justice and Public Order Act 1994 (secure training orders: supplementary provisions as to detention)—
(a) in subsection (5), for “registered children’s home” there shall be substituted “private children’s home”; and
(b) in subsection (8), for “registered children’s home” there shall be substituted “private children’s home”.
23 In section 93 of the Children (Scotland) Act 1995 (interpretation of Part II)—
(a) in paragraph (b) of the definition of “residential establishment”, for “registered” there shall be substituted “private”; and
(b) in the definition of “secure accommodation”, for “paragraph 4(2)(i) of Schedule 4 to the Children Act 1989” there shall be substituted “section 22(8)(a) of the Care Standards Act 2000”.
24 (1) The Education Act 1996 shall be amended as follows.
(2) In section 467(2) (provision of information about registered and provisionally registered schools), for “Children Act 1989” there shall be substituted “Care Standards Act 2000”.
(3) In section 469(4) (notice of complaint by Secretary of State), after “school is” there shall be inserted “unsuitable to work with children or is for any other reason”.
(4) In section 471(2)(a) (determination of complaint by Secretary of State), after “school is” there shall be inserted “unsuitable to work with children or is for any other reason”.
25 (1) In section 113(3A) of the Police Act 1997 (criminal record certificates), for “suitability for” there shall be substituted “suitability to be employed, supplied to work, found work or given work in”.
(2) In section 115 of that Act (enhanced criminal record certificates)—
(a) in subsection (5)(e), for “or” there shall be substituted “registration for child minding or providing day care under Part XA of that Act or registration under”; and
(b) in subsection (6A), for “suitability for” there shall be substituted “suitability to be employed, supplied to work, found work or given work in”.
26 (1) The Protection of Children Act 1999 shall be amended as follows.
(2) In section 2 (inclusion in list on reference to Secretary of State)—
(a) in subsection (2)(b), for “or retired”, in each place where those words occur, there shall be substituted “, retired or made redundant”; and
(b) in subsection (8)(a), for “or retiring” there shall be substituted “, retiring or being made redundant” and for “or retired” there shall be substituted “, retired or been made redundant”.
(2) In section 7 (effect of inclusion in the lists kept under section 1 of the 1999 Act and section 218(6) of the [1988 c. 40.] Education Reform Act 1988)—
(a) after subsection (1) there shall be inserted—
“(1A) Where a child care organisation discovers that an individual employed by it in a child care position is included in any of the lists mentioned in subsection (1) above, it shall cease to employ him in a child care position.
For the purposes of this subsection an individual is not employed in a child care position if he has been suspended or provisionally transferred to a position which is not a child care position.”; and
(b) in subsection (2), after “employment agency” there shall be inserted “or an employment business”.
(3) In section 9 (the Tribunal)—
(a) in subsection (2), for the words from “on an appeal” to the end there shall be substituted—
“(a) on an appeal or determination under section 4 above;
(b) on an appeal under regulations made under section 6 above;
(c) on an appeal under section 65A of the [1989 c. 41.] Children Act 1989 or under, or by virtue of, Part XA of that Act; or
(d) on an appeal or determination under section 21, 68, 86, 87 or 88 of the Care Standards Act 2000;”; and
(b) after subsection (3), there shall be inserted—
“(3A) The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 87 or 88 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations.
(3B) Regulations under this section may make different provision for different cases or classes of case.
(3C) Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales.”
(4) In section 12 (interpretation)—
(a) in subsection (1)—
(i) in the definition of “employment agency”, for “has the same meaning” there shall be substituted “and “employment business” have the same meanings”; and
(ii) after the definition of “harm” there shall be inserted—
““local authority” has the same meaning as in the Children Act 1989;”; and
(b) after subsection (3) there shall be inserted—
“(3A) For the purposes of this Act, an individual is made redundant if—
(a) he is dismissed; and
(b) for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.”
27 In section 2 of the Adoption (Intercountry Aspects) Act 1999 (central authorities and accredited bodies)—
(a) after subsection (2) there shall be inserted—
“(2A) A voluntary adoption agency in respect of which a person is registered under Part II of the Care Standards Act 2000 is an accredited body for the purposes of the Convention if, in accordance with the conditions of the registration, the agency may provide facilities in respect of Convention adoptions and adoptions effected by Convention adoption orders.”; and
(b) for subsection (5) there shall be substituted—
“(5) In this section in its application to England and Wales, “voluntary adoption agency” has the same meaning as in the Care Standards Act 2000; and expressions which are also used in the [1976 c. 36.] Adoption Act 1976 (“the 1976 Act”) have the same meanings as in that Act.”
28 (1) The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.
(2) In paragraph 5(3)(a) of Schedule 2 (additional requirements which may be included in probation orders), for “a hospital or mental nursing home” there shall be substituted “an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital”.
(3) In paragraph 6(2)(a) of Schedule 6 (requirements which may be included in supervision orders), for “a hospital or mental nursing home” there shall be substituted “an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital”.
29 (1) Section 16 of the [1981 c. xvii.] Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
(2) For paragraph (g) there shall be substituted—
“(g) used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000;”
(3) For paragraphs (gg) and (h) there shall be substituted—
“(gg) used as a children’s home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act;”
(4) Paragraph (j) shall be omitted.
30 (1) Section 10(2) of the [1984 c. xxvii.] Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
(2) For paragraph (c) there shall be substituted—
“(c) used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000;”
(3) For paragraph (d) there shall be substituted—
“(d) used as a children’s home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act;”
(4) Paragraphs (f) and (l) shall be omitted.
Care Standards