Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Children Act 2004 (Children’s Services) Regulations 2005 and shall come into force on 1st September 2005.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“the 2000 Act” means the Care Standards Act 2000( 2 );

“the 2004 Act” means the Children Act 2004; and

“the Health and Social Care Act” means the Health and Social Care (Community Health and Standards) Act 2003( 3 ).

Children’s services

2. —(1) Anything done for or in relation to children and relevant young persons (alone or with other persons)—

(a) in secure training centres in England within the meaning in section 43(1)(d) of the Prison Act 1952( 4 ) (remand centres, detention centres etc. );

(b) pursuant to section 8 of the Employment and Training Act 1973( 5 ) (careers service);

(c) relating to the provision of child minding within the meaning in Part 10A of the Children Act 1989( 6 ) (child minding and day care for children in England and Wales) provided by a person registered under that Part for child minding;

(d) relating to the provision of day care within the meaning in Part 10A of the Children Act 1989 provided on any premises by a person registered under that Part for providing day care on those premises;

(e) that may be inspected in pursuance of section 87 of the Children Act 1989( 7 ) (welfare of children in boarding schools and colleges);

(f) in schools within the meaning of section 4(1) and (2) of the Education Act 1996( 8 ) (schools: general);

(g) relating to the provision of relevant nursery education within the meaning in paragraph 1(1) of Schedule 26 to the School Standards and Framework Act 1998( 9 ) (inspection of nursery education: introductory);

(h) by a local authority or youth offending team under section 39 of the Crime and Disorder Act 1998( 10 ) (youth offending teams);

(i) in a children’s home within the meaning in section 1 of the 2000 Act (children’s homes);

(j) in an independent hospital within the meaning in section 2(2) and (3) of the 2000 Act (independent hospitals, etc.);

(k) in an independent clinic within the meaning in section 2(4) of the 2000 Act;

(l) by an independent medical agency within the meaning in section 2(5) of the 2000 Act( 11 );

(m) in a residential family centre within the meaning in section 4(2) of the 2000 Act (other basic definitions);

(n) by a fostering agency within the meaning in section 4(4) of the 2000 Act;

(o) by a voluntary adoption agency within the meaning in section 4(7) of the 2000 Act( 12 );

(p) by an adoption support agency within the meaning in section 4(7A) of the 2000 Act( 13 );

(q) that may be inspected under section 54(3) of the Learning and Skills Act 2000( 14 ) (inspection of education and training by Chief Inspector of Adult Learning);

(r) that may be inspected under the following provisions of the Learning and Skills Act 2000—

(i) section 61(2)(b) (additional functions of Her Majesty’s Chief Inspector of Schools in England),

(ii) section 62(1) (inspection of further education institutions),

(iii) section 65( 15 ) (area inspections), or

(iv) section 118(1)(c) (inspection of services to encourage, etc., effective participation by young persons in education or training);

(s) in schools entered in the register of independent schools kept by the Secretary of State under Part 10 of the Education Act 2002( 16 ) (regulation of independent schools);

(t) that is inspected under section 59 of the Courts Act 2003( 17 ) (functions of inspectors of court administration);

(u) by way of the provision of health care within the meaning in section 45(2) of the Health and Social Care Act (quality in health care);

(v) in pursuance of an English local authority social service within the meaning in section 148 of the Health and Social Care Act (interpretation of Part 2);

(w) in pursuance of a function conferred on or exercisable by a children’s services authority in their capacity as a local education authority other than a function specified in or under section 18(3) of the 2004 Act (director of children’s services);

(x) in pursuance of any other function of a children’s services authority;

(y) in pursuance of a function of a district council in an area for which there is a county council, so far as the function relates to the provision of facilities for recreation,

is specified or prescribed for the purposes of section 23(3)(a) of the 2004 Act (definition of “children’s services” for the purposes of sections 20 to 22).

(2) Anything done for or in relation to children and relevant young persons (alone or with other persons)—

(a) in prisons within the meaning in section 53(1) of the Prison Act 1952 (interpretation);

(b) in removal centres within the meaning in section 147 of the Immigration and Asylum Act 1999( 18 ) (interpretation of Part 8);

(c) in pursuance of arrangements made by a local probation board under section 5 of the Criminal Justice and Court Services Act 2000( 19 ) (functions of local probation boards);

(d) by—

(i) a police force maintained under section 2 of the Police Act 1996( 20 ),

(ii) the metropolitan police force, maintained under section 5A of that Act, or

(iii) the City of London police force,

is specified or prescribed for the purposes of section 23(3)(a) of the 2004 Act in so far as it relates to children.