Statutory Instruments
2010 No. 1213
Children And Young Persons, England
The Children Act 2004 Information Database (England) (Amendment) Regulations 2010
Made
7th April 2010
Coming into force in accordance with regulation 1
The Secretary of State for Children, Schools and Families, in exercise of the powers conferred by sections 12 (4), (5), (6) and (10) and 66 (1) of the Children Act 2004( 1 ), makes the following Regulations, a draft of which was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 66(3) of that Act:
Citation and commencement
1. These Regulations may be cited as the Children Act 2004 Information Database (England) (Amendment) Regulations 2010 and come into force on the day after the day on which they are made.
Amendments of the Children Act 2004 Information Database (England) Regulations 2007
2.The Children Act 2004 Information Database (England) Regulations 2007( 2 ) are amended as follows.
Interpretation
3. In paragraph (1) of regulation 2—
(a) after the definition of “the Act” insert—
“ “additional service” means any service which is not normally provided to all persons in a particular age group; ” ;
(b) in the definition of “child record” for “not ordinarily resident in England” substitute “no longer in the area of a local authority”;
(c) after the definition of “national partner” insert—
“ “parent”, in relation to a child, includes any person
who is not a parent of his, but who has parental responsibility for him, or
who has care of him; ” ;
(d) in the definition of “sensitive service” for “specialist or targeted service” substitute “additional service”; and
(e) omit the definition of “specialist or targeted service”.
Information in the database
4. —(1) Regulation 4 is amended as follows.
(2) At the end of paragraph (1), for “ordinarily resident in England” substitute “in the area of a local authority”.
(3) In paragraph (3), for “ordinarily resident in England” substitute “in the area of a local authority”.
Accessible child record
5. —(1) Regulation 6 is amended as follows.
(2) In paragraph (5), after “Subject to paragraph (9),” insert “the Secretary of State for Children, Schools and Families or”.
(3) Omit sub-paragraph (6)(b) and “and” immediately preceding it.
(4) In paragraph (7)(b), for “any person with parental responsibility for that person or who has care of him at any time” substitute “in the case of a child, any parent of his and, in the case of a participating young person, any person who has care of him at any time”.
Archived information
6. —(1) Regulation 8 is amended as follows.
(2) In sub-paragraph (2)(c), for—
(a) “ordinarily resident in England” substitute “in the area of a local authority”;
(b) “ordinarily resident in England” substitute “in the area of a local authority”; and
(c) “resume ordinary residence in England” substitute “return to the area of a local authority”.
(3) In paragraph (3), for “again becomes ordinarily resident in England” substitute “returns to the area of a local authority”.
Information to be included in the database
7. —(1) Schedule 1 is amended as follows.
(2) In paragraph 2—
(a) in sub-paragraph (a), after “address” insert “and any previous address”;
(b) in sub-paragraph (d), for the phrase “ordinarily resident in England” in each place where it occurs substitute “in the area of a local authority”.
(3) For paragraph 6(a), substitute—
“ (a) in the case of a child, of any person who is a parent of the child; or ” .
(4) In paragraph 9, for “specialist or targeted service” substitute “additional service”.
Persons who may permit access to the database (“national partners”)
8. In paragraph 4 of Schedule 2, for “NCH” substitute “Action for Children”.
Persons who may be given access to the database by a local authority
9. In Schedule 3, omit paragraph 15.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th April 2010