(1) The Welsh Ministers may by regulations make—
(a) provision as to the form and content of penalty notices,
(b) provision as to the monetary amount of the penalty and the time by which it is to be paid,
(c) provision determining the methods by which penalties may be paid,
(d) provision as to the records to be kept in relation to penalty notices,
(e) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
(i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,
(f) provision for a certificate—
(i) purporting to be signed by or on behalf of a prescribed person, and
(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
to be received in evidence of the matters so stated,
(g) provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and
(h) such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.
(2) Regulations under subsection (1)(b)—
(a) may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but
(b) must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction or, where there is no such maximum amount, that it does not exceed the amount corresponding to level 4 on the standard scale for summary offences .
(3) In this section—
“penalty” means a penalty under a penalty notice;
“penalty notice” has the meaning given by section 30ZA(4).
(1) The CIECSS may impose a monetary penalty on a person if the CIECSS is satisfied on the balance of probabilities that the person has failed to comply with—
(a) an improvement plan notice served on the person under section 23A,
(b) the requirement imposed by section 23B(5) (implementation of improvement plans), or
(c) the requirement imposed by section 23B(8)(modification of improvement plans to name another senior manager).
(2) The CIECSS may impose a monetary penalty on a person if—
(a) the CIECSS is satisfied beyond reasonable doubt that an act or omission of the person constitutes an offence under this Part, and
(b) the act or omission relates to an establishment or agency for which the CIECSS is the registration authority.
(3) The CIECSS may not impose a monetary penalty under subsection (2) if—
(a) the person has been convicted of an offence under this Part in respect of the act or omission,
(b) criminal proceedings for an offence under this Part in respect of the act or omission have been instituted against the person and the proceedings have not been concluded, or
(c) criminal proceedings for an offence under this Part in respect of the act or omission have been concluded and the person has not been convicted of the offence.
(4) If the CIECSS has under subsection (2) imposed a monetary penalty on a person in respect of an act or omission (and the penalty has not been cancelled), the person may not be convicted of an offence under this Part in respect of it.
(5) See Schedule 1A for further provision about monetary penalties under this section.
(6) In this section references to an offence under this Part include an offence under regulations made under this Part.
30ZD CIECSS monetary penalties: publication of information
The Secretary of State may by regulations make provision requiring the CIECSS to publish information about monetary penalties imposed under section 30ZC, which may include information identifying—
(a) the persons on whom penalties were imposed,
(b) the dates they were imposed,
(c) the grounds for imposing them, and
(d) their amounts.
30ZE Persons who are subject to financial oversight
(1) A person is subject to financial oversight if the Secretary of State determines that the person is—
(a) a relevant provider who meets one or more of the financial oversight conditions, or
(b) a member of a relevant provider group which meets one or more of the financial oversight conditions.
(2) A “financial oversight condition” is a condition specified in regulations made by the Secretary of State for the purposes of this section.
(3) Before making the regulations the Secretary of State must have regard to the public interest in securing that—
(a) a relevant provider is subject to financial oversight if the provider has a position of strategic significance in respect of the provision of relevant establishments or agencies;
(b) a member of a relevant provider group is subject to financial oversight if the group has a position of strategic significance in that respect.
(4) The conditions which may be specified in the regulations may, in particular, relate to—
(a) the number of relevant establishments or agencies which are carried on by a relevant provider or a relevant provider group;
(b) the size of those establishments or agencies;
(c) the geographical concentration of those establishments or agencies;
(d) the share of any market within England for the provision of relevant establishments or agencies which is held by a relevant provider or a relevant provider group.
(5) Where the Secretary of State determines that a person is subject to financial oversight, the Secretary of State must serve written notice of the determination on the person.
(6) The notice may require the person to name an individual who—
(a) has a significant role in the management of the person, and
(b) may reasonably be expected to be in a position to ensure that the person complies with any requirement imposed by or under section 30ZG, 30ZH or 30ZI.
(7) In this section and sections 30ZF to 30ZJ—
“relevant establishment or agency” means—
a children’s home in England, or
a fostering agency in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England);
“relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies;
“relevant provider group” means—
a parent undertaking of a relevant provider, and
its relevant subsidiary undertakings;
“relevant subsidiary undertaking” means—
a relevant provider, or
a parent undertaking of a relevant provider;
“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.
(1) A person is subject to financial oversight for the financial oversight period.
(2) The “financial oversight period” is the period of 12 months beginning with the day on which the Secretary of State makes a determination under section 30ZE(1), but this is subject to subsection (3).
(3) If the Secretary of State makes a further determination under section 30ZE(1)before the end of the financial oversight period, that period is extended until the end of the period of 12 months beginning with the day on which the further determination is made.
30ZG Power to require provision of recovery and resolution plan
(1) The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to—
(a) prepare a recovery and resolution plan, and
(b) submit the plan to the Secretary of State before the end of the period specified in the notice.
(2) A recovery and resolution plan is a plan containing information about—
(a) the nature and extent of any risk to the financial sustainability of the person,
(b) the action the person proposes to take to mitigate or eliminate those risks,
(c) any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised, and
(d) the action the person proposes to take to reduce those adverse impacts if they arise.
(3) The period mentioned in subsection (1)(b) must not be less than 28 days beginning with the day on which the notice is served on the person.
(4) Subsection (5) applies where the person on whom the Secretary of State serves a notice under subsection (1) is a parent undertaking of a relevant provider.
(5) The Secretary of State may also require that the information provided under subsection (2)(a) is to include information about the nature and extent of any risks to the financial sustainability of the relevant subsidiary undertakings of the parent undertaking.
(6) The Secretary of State may serve written notice on a person who has submitted a recovery and resolution plan requiring the person to provide an explanation of any information contained in the plan.
(7) Subsection (8) applies where—
(a) a person has submitted a recovery and resolution plan to the Secretary of State,
(b) there is a material change to the matters mentioned in subsection (2), and
(c) the person is subject to financial oversight when the change occurs.
(8) The person must inform the Secretary of State of the change as soon as is reasonably practicable.
(1) The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to provide such information as the Secretary of State considers it necessary or expedient to have for the purpose of assessing—
(a) the nature and extent of any risks to the financial sustainability of the person;
(b) the action the person could take to mitigate or eliminate those risks;
(c) any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;
(d) the action the person could take to reduce those adverse impacts if they arise.
(2) Subsection (3) applies where the Secretary of State serves a notice under subsection (1) on a person who is a parent undertaking of a relevant provider.
(3) Where this subsection applies, the power under subsection (1)(a) includes the power to require information for the purposes of assessing the nature of any risks to the financial sustainability of the relevant subsidiary undertakings of the person.
(4) The power under subsection (1) includes the power to require the provision of—
(a) an explanation of any information required under that subsection,
(b) copies of any documents or records, and
(c) a legible copy of information recorded otherwise than in legible form.
(5) Subsection (6) applies where—
(a) a person provides information to the Secretary of State under this section,
(b) there is a material change to that information, and
(c) the person is subject to financial oversight when the change occurs.
(6) The person must inform the Secretary of State of the change as soon as is reasonably practicable.
30ZI Power to arrange for independent business review
(1) The Secretary of State may arrange for a qualified person to carry out an independent business review in relation to a person who is subject to financial oversight (a “reviewed person”) if satisfied that either or both of the conditions in subsection (2) are met.
(2) The conditions are—
(a) there is a significant risk to the financial sustainability of the reviewed person, or
(b) where the reviewed person is a parent undertaking of a relevant provider, there is a significant risk to the financial sustainability of one or more of their relevant subsidiary undertakings.
(3) An “independent business review” is a review of—
(a) the nature and extent of any relevant financial sustainability risks;
(b) the action the reviewed person could take to mitigate or eliminate those risks;
(c) any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;
(d) the action the reviewed person could take to reduce those adverse impacts if they arise.
(4) A “relevant financial sustainability risk” means—
(a) where the Secretary of State is satisfied that the condition in subsection (2)(a) is met, a risk to the financial sustainability of the reviewed person;
(b) where the Secretary of State is satisfied that the condition in subsection (2)(b) is met, a risk to the financial sustainability of the relevant subsidiary undertakings mentioned in that subsection.
(5) A person is “qualified” to carry out an independent business review if the Secretary of State is satisfied that the person—
(a) is independent of the reviewed person and the Secretary of State, and
(b) has the skills necessary to carry out the review.
(6) Where the Secretary of State arranges for a qualified person to carry out an independent business review, the Secretary of State must serve a written notice on the reviewed person informing the person of that fact.
(7) The notice may make provision for the reviewed person to be liable to the Secretary of State for payment of the qualified person’s remuneration and expenses relating to the review.
(8) An amount payable to the Secretary of State under the notice is recoverable, if a county court so orders, as if it were payable under an order of that court.
(9) The reviewed person must give the qualified person all such assistance as the qualified person may reasonably require to carry out the review.
(1) The Secretary of State must serve a written notice (an “advance warning notice”) on a local authority if the Secretary of State considers that—
(a) there is a real possibility that one or more relevant establishments or agencies will cease to be carried on because of any risk to the financial sustainability of a person who is subject to financial oversight, and
(b) the local authority, or any children looked after by the local authority, might be adversely affected if that were to happen.
(2) An advance warning notice must—
(a) identify the establishments or agencies mentioned in subsection (1);
(b) inform the local authority that the Secretary of State considers that there is a real possibility that those establishments or agencies will cease to be carried on for the reasons mentioned in that subsection, and
(c) explain why the Secretary of State considers that the local authority, or children looked after by the local authority, might be adversely affected if that were to happen.
(3) Where the Secretary of State serves an advance warning notice under subsection (1), the Secretary of State must also—
(a) serve a copy of the notice on the CIECSS, and
(b) inform the person who is registered as carrying on the establishments or agencies identified in the notice that an advance warning notice has been served in relation to those establishments or agencies.
(1) The Secretary of State may by regulations provide that any profit made by a relevant provider from carrying on relevant establishments or agencies must not exceed an amount specified in, or determined in accordance with, the regulations.
(2) “Relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies.
(3) “Relevant establishments or agencies” are—
(a) children’s homes in England, and
(b) fostering agencies in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England).
(4) The regulations may make provision about how the profit made by a relevant provider from carrying on relevant establishments or agencies is to be determined.
(5) The provision that may be made by virtue of subsection (4) includes provision about making adjustments for disguised profit arrangements.
(6) Arrangements are “disguised profit arrangements” if—
(a) having regard to all the circumstances, it would be reasonable to conclude that the main purpose, or one of the main purposes, of the arrangements was to reduce profit, and
(b) they meet any other conditions specified in the regulations.
(7) The Secretary of State may make regulations under this section only if satisfied that it is necessary to do so, having regard to the public interest in securing that relevant providers are providing placements on terms which represent value for money.
(8) Before making regulations under this section the Secretary of State must have regard to—
(a) the welfare of children being looked after by local authorities in England,
(b) the interests of local authorities in England, and
(c) the interests of relevant providers (including the opportunity to make a profit).
(9) Before making regulations under this section the Secretary of State must consult—
(a) local authorities in England,
(b) any persons appearing to the Secretary of State to represent the interests of relevant providers, and
(c) such other persons (if any) as the Secretary of State considers appropriate.
30ZL Power to limit profits of relevant providers: supplementary provision
(1) The Secretary of State may by regulations require relevant providers to make an annual return to the Secretary of State for the purpose of determining whether they have complied with any requirement imposed by regulations under section 30ZK.
(2) Regulations under this section may make provision—
(a) about the contents of the return;
(b) about the period in respect of which, and date by which, it is to be made.
(3) Regulations under this section may make provision conferring on the Secretary of State powers to require the provision of information from relevant providers in connection with the contents of the return.
(4) “Relevant provider” has the same meaning as in section 30ZK.
30ZM Power of Secretary of State to impose monetary penalties
(1) The Secretary of State may impose a monetary penalty on a person if the Secretary of State is satisfied on the balance of probabilities that the person has failed to comply with—
(a) any requirement imposed by or under section 30ZE, 30ZG, 30ZH or 30ZI (financial oversight);
(b) any requirement imposed by or under regulations under section 30ZK or 30ZL (power to limit profits).
(2) See Schedule 1A for further provision about monetary penalties under this section.
(3) The Secretary of State may publish information about monetary penalties imposed under this section, including information identifying—
(a) the persons on whom penalties were imposed,
(b) the dates they were imposed,
(c) the grounds for imposing them, and
(d) their amounts.
Schedule 1A makes provision about—
(a) monetary penalties imposed by the CIECSS under section 30ZC, and
(b) monetary penalties imposed by the Secretary of State under 30ZM.
(1) The Secretary of State may require the CIECSS to provide relevant information to the Secretary of State for use in connection with the Secretary of State’s functions under this Part.
(2) The CIECSS may otherwise provide relevant information to the Secretary of State for use in connection with those functions.
(3) The Secretary of State may provide relevant information to the CIECSS for use in connection with the CIECSS’s functions under this Part.
(4) “Relevant information” means information held by a person in connection with their functions under this Part.
(5) The Secretary of State may provide financial oversight information to the Care Quality Commission for use in connection with the Commission’s functions under sections 54 to 56 of the Care Act 2014.
(6) “Financial oversight information” means information held by the Secretary of State in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ.
(7) This section does not limit the circumstances in which information may be disclosed apart from this section.
(8) A disclosure of information authorised by or required under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
30A Notification of matters relating to persons carrying on or managing certain establishments or agencies
(1) This section applies where a person (“P”) is carrying on or managing an establishment or agency in England mentioned in subsection (6).
(2) If the CIECSS —
(a) has decided to adopt a proposal under section 17(4)(a) to cancel the registration of P in respect of the establishment or agency,
(aa) has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,
(ab) has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,
(b) has brought proceedings against P for a relevant offence which it alleges P committed in relation to the establishment or agency, ..,
(ba) has served on P, or a parent undertaking of P, a penalty notice under paragraph 3 of Schedule 1A (monetary penalties);
(c) has served a notice on P under section 22B ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it must as soon as practicable notify each local authority in England and Wales of that fact.
(3) If the CIECSS becomes aware of any prescribed circumstances which relate to P it must as soon as practicable notify each local authority in England and Wales of those circumstances.
(4) A notification under this section must contain such information as may be prescribed.
(5) A notification under this section may be transmitted to a local authority electronically if—
(a) the local authority has agreed that notifications may be given to them by being transmitted to an electronic address and in an electronic form specified in the agreement; and
(b) the notification is a notification to which that agreement applies.
(6) The establishments and agencies are—
(a) a children's home;
(b) a residential family centre;
(c) a fostering agency;
(d) a voluntary adoption agency;
(e) an adoption support agency;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section—
“electronic address” includes any number or address used for the purposes of receiving electronic communications;
“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;
“electronically” means in the form of an electronic communication;
“relevant offence” means an offence under—
this Part;
regulations under this Part;
section 9(4) of the Adoption Act 1976;
regulations under section 9 of the Adoption and Children Act 2002;
“prescribed” means prescribed by regulations made—
in relation to England, by the Secretary of State;
...
31 Inspections by persons authorised by registration authority.
(1) The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.
(1A) The power under subsection (1) to require the provision of information includes—
(a) power to require the provision of copies of any documents or records (including medical and other personal records); and
(b) in relation to records kept by means of a computer, power to require the provision of the records in legible form.
(2) A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
(3) A person authorised by virtue of this section to enter and inspect premises may—
(a) make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
(b) inspect and take copies of any documents or records (including medical and other personal records) required to be kept in accordance with regulations under this Part, section 9 of the Adoption and Children Act 2002, section 22C or 59(2) of the 1989 Act, section 1(3) of the Adoption (Intercountry Aspects) Act 1999 or section 81 of the Social Services and Well-being (Wales) Act 2014;
(c) interview in private the manager or the person carrying on the establishment or agency;
(d) interview in private any person working there;
(e) interview in private any patient or person accommodated or cared for there who consents to be interviewed.
(4) The powers under subsection (3)(b) include—
(a) power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and
(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
(5) Subsection (6) applies where the premises in question are used as an establishment and the person so authorised—
(a) is a medical practitioner or registered nurse; and
(b) has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.
(6) The person so authorised may, with the consent of the person mentioned in subsection (5)(b), examine him in private ....
The power conferred by this subsection may be exercised in relation to a person who is incapable of giving consent without that person’s consent.
(7) The Secretary of State may by regulations require the CIECSS to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
(8) A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.
(9) Any person who—
(a) intentionally obstructs the exercise of any power conferred by this section or section 32; or
(b) fails without a reasonable excuse to comply with any requirement under this section or that section,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) A person authorised by virtue of section 31 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part.
(2) A person so authorised—
(a) may require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 31 or this section;
(b) may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
(3) A person authorised by virtue of section 31 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.
(4) The references in section 31 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.
(5) Where any premises which are used as an establishment or for the purposes of an agency have been inspected under section 31, the registration authority—
(a) shall prepare a report on the matters inspected; and
(b) shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.
(6) The registration authority shall make copies of any report prepared under subsection (5) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.
(7) Any person who asks the registration authority for a copy of a report prepared under subsection (5) shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Regulations may require the person carrying on an establishment or agency to make an annual return to the registration authority.
(2) Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
(1) Regulations may—
(a) require any person to whom this section applies to give notice of his appointment to the registration authority;
(b) require any person to whom this section applies to appoint a person to manage the establishment or agency in question.
(2) This section applies to any person appointed as—
(a) a receiver or manager of the property of a relevant company;
(b) the liquidator or provisional liquidator of a relevant company; or
(c) the trustee in bankruptcy of a relevant individual.
(3) In this section—
“company” includes a partnership;
“relevant company” means a company which is registered under this Part in respect of an establishment or agency; and
“relevant individual” means an individual who is registered under this Part in respect of an establishment or agency.
(1) Regulations may—
(a) provide for the provisions of this Part to apply with prescribed modifications in cases where a person who was the only person registered under this Part in respect of an establishment or agency has died;
(b) require the personal representatives of a deceased person who was registered in respect of an establishment or agency to notify the registration authority of his death.
(2) Regulations under subsection (1)(a) may in particular—
(a) provide for the establishment or agency to be carried on for a prescribed period by a person who is not registered in respect of it; and
(b) include provision for the prescribed period to be extended by such further period as the registration authority may allow.
(1) Subject to subsection (3), the registration authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.
(2) Subject to subsections (3) and (4), any person who asks the registration authority for a copy of, or of an extract from, a register kept for the purposes of this Part shall be entitled to have one.
(3) Regulations may provide that subsections (1) and (2) shall not apply—
(a) in such circumstances as may be prescribed; or
(b) to such parts of a register as may be prescribed.
(4) A fee determined by the registration authority shall be payable for the copy except—
(a) in prescribed circumstances;
(b) in any other case where the registration authority considers it appropriate to provide the copy free of charge.
(1) Any notice or other document required under this Part to be served on a person ... may be served on him—
(a) by being delivered personally to him; ...
(b) by being sent by post to him in a registered letter or by the recorded delivery service at his proper address ; or
(c) by being sent by email to the person’s email address.
(2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter addressed to a person carrying on or managing an establishment or agency enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the establishment or agency.
(3) Where a notice or other document is served as mentioned in subsection (1)(b), the service shall, unless the contrary is proved, be deemed to have been effected on the third day after the day on which it is sent.
(3A) A notice or other document sent to a person by email is, unless the contrary is proved, to be treated as having been served on the working day immediately following the day on which it was sent.
(4) Any 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.
(5) 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 shall be—
(a) in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;
(b) in the case of a partner of a firm, that of the principal office of the firm; and
(c) in any other case, the last known address of the person.
(6) A person’s (P’s) email address for the purposes of this section is—
(a) an email address identified for the time being by P, or by a person who manages an establishment or agency carried on by P, as an address for contacting P, or
(b) if an email address is not so identified, an email address which the person serving the notice or other document believes is used by P.
For the purposes of this subsection, a person “identifies” an email address by providing it to a registration authority or publishing it.
(7) In subsection (3A) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(1) The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.
(2) In this section—
“eligible employee” means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this Part;
“new employer” means the registration authority;
“old employer” means a local authority or a Health Authority.
39 Temporary extension of meaning of “nursing home”.
In section 21 of the Registered Homes Act 1984 (meaning of nursing home)—
(a) in subsection (1), after “(3)” there is inserted “ and (3A) ”;
(b) in subsection (2), for “subsection (1) above” there is substituted “ this section ”;
(c) in subsection (3)(e)(ii), “dental practitioner or” is omitted; and
(d) after subsection (3) there is inserted—
(3A) The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.
(3B) This subsection applies if—
(a) the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and
(b) the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia—
(i) in pursuance of the National Health Service Act 1977; or
(ii) under an agreement made in accordance with Part I of the National Health Service (Primary Care) Act 1997.
(3C) This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above.
40 Temporary extension of meaning of “children’s home”.
In section 63(3)(a) of the 1989 Act (meaning of “children’s home”), for “more than three children at any one time” there shall be substituted “ children ”.
41 Children’s homes: temporary provision about cancellation of registration.
(1) In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)—
(a) in paragraph (a), after “is not” there shall be inserted “ , or has not been, ”;
(b) after “is” there shall be inserted “ , or has been, ”.
(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted—
(6) In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on.
(3) In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children’s homes), after “is being” there shall be inserted “ and has been ”.
(4) In paragraph 4 of that Schedule—
(a) in sub-paragraph (3) after “is being” there shall be inserted “ , or has been, ”;
(b) after sub-paragraph (4) there shall be inserted—
(5) In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on.
(1) Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) , (2A) or (3) applies.
(2) This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.
(2A) This subsection applies to—
(a) English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and
(b) persons who provide services which are similar to services which may or must be so provided by English local authorities.
(3) This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).
(4) The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2) or (2A).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.
(7) In this section—
“cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,
“English local authorities” means local authorities in England,
...
“Welsh NHS bodies” means—
Local Health Boards,
National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,
Special Health Authorities performing functions only or mainly in respect of Wales, and
cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.
(1) This section has effect for the purposes of this Part.
(1A) “Local authority” means a local authority in England.
(2) “Relevant functions”, in relation to a local authority, means relevant adoption functions and relevant fostering functions.
(3) In relation to a local authority—
(a) “relevant adoption functions” means functions under the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002); and
(b) “relevant fostering functions” means functions under—
(i) section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F of Schedule 2 to that Act,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Regulation of the exercise of relevant fostering functions.
(1) Regulations may make provision about the exercise by local authorities of relevant fostering functions, and may in particular make provision—
(a) as to the persons who are fit to work for local authorities in connection with the exercise of such functions;
(b) as to the fitness of premises to be used by local authorities in their exercise of such functions;
(c) as to the management and control of the operations of local authorities in their exercise of such functions;
(d) as to the numbers of persons, or persons of any particular type, working for local authorities in connection with the exercise of such functions;
(e) as to the management and training of such persons;
(f) as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions.
(2) Regulations under subsection (1)(a) may, in particular, make provision for prohibiting persons from working for local authorities in such positions as may be prescribed unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).
(1) Regulations may require a local authority to make to the CIECSS an annual return containing such information with respect to the exercise by the local authority of relevant functions as may be prescribed.
(2) Provision may be made by the regulations as to the period in respect of which and date by which the return is to be made.
(1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.