Statutory Instruments
2019 No. 835
Children And Young Persons, England
The Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019
Made
8th April 2019
Laid before Parliament
9th April 2019
Coming into force in accordance with regulation 1(2)
The Secretary of State for Education, in exercise of the powers conferred by sections 87D(2), and 104(4)(a) of the Children Act 1989( 1 ), sections 12(2), 15(3), 16(3), 31(7) and 118(5) and (6) of the Care Standards Act 2000( 2 ), sections 155(1) and (2) and 181(2)(a) and (b) of the Education and Inspections Act 2006( 3 ), sections 89(1) and 104(2) of the Childcare Act 2006( 4 ) and sections 125(1) and 128(1), (2) and (5) of the Adoption and Children Act 2002( 5 ) makes the following Regulations:
PART 1 Introductory Provisions
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019.
(2) These Regulations come into force on 1st May 2019, save for regulation 6, which comes into force on 1st September 2019.
(3) In these Regulations, the “2015 Regulations” mean Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015( 6 ).
PART 2 Amendment to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015
2. The 2015 Regulations are amended as follows in this Part.
Substitution of fees payable
3. In each provision of the 2015 Regulations specified in column 1 of the table in the Schedule to these Regulations, for the amount specified in column 2 (Old fee) substitute the amount specified in column 3 (New fee).
Amendment to size classification of residential special schools
4. In regulation 19 (Boarding schools, residential colleges and residential special schools) —
(a) in paragraph (3)(b) for “18” substitute “17”;
(b) in paragraph (3)(b)(ii) for “18th” substitute “17th”; and
(c) in paragraph (3)(c) for “18” substitute “17”.
Amendment to size classification of children’s homes
5. In regulation 23 (Children’s homes) —
(a) in paragraph (1)(b) for “31” substitute “29”;
(b) in paragraph (1)(b)(ii) for “31st” substitute “29th”; and
(c) in paragraph (1)(c) for “31” substitute “29”.
PART 3 Amendment to the Childcare (Fees) Regulations 2008
Amendment to the Childcare (Fees) Regulations 2008
6. In regulation 10(7) (Annual fee for early years providers, other than childminders, registered in the early years register) of the Childcare (Fees) Regulations 2008( 7 ), for “2019” substitute “2021”.
PART 4 Amendments related to the Adoption and Children Act Register
Amendment to Adoption Agencies Regulations 2005
7.The Adoption Agencies Regulations 2005( 8 ) are amended as follows—
(a) omit regulation 2(2) (Interpretation);
(b) omit regulation 19A (Information to be provided for entry in Part 1 of the register);
(c) omit regulation 30G (Information to be provided for entry in Part 3 of the register);
(d) omit Schedule 1A (Information about children suitable for adoption); and
(e) omit Schedule 4B (Information about prospective adopters who are suitable to adopt a child).
Amendment to the Adoption and Children Act Register Regulations 2014
8. In the Adoption and Children Act Register Regulations 2014( 9 ) omit regulation 4(1) (information to be provided for entry in Part 2 of the register).
Signed by the authority of the Secretary of State for Education
Anne Milton
Minister of State
Department for Education
8th April 2019
Regulation 3
SCHEDULE Substitution of fees payable under the 2015 Regulations
| Provision of the 2015 Regulations (1) | Old fee (2) | New fee (3) |
|---|---|---|
| Regulation 4 (registration fees: voluntary adoption agencies) | ||
| Paragraph 1(a) | £2223 | £2445 |
| Paragraph (1)(b)(i) | £2223 | £2445 |
| Paragraph (1)(b)(ii) | £606 | £667 |
| Paragraph (2)(a) | £606 | £667 |
| Paragraph (2)(b)(i) | £2223 | £2445 |
| Paragraph (2)(b)(ii) | £606 | £667 |
| Regulation 5 (registration fees: adoption support agencies) | ||
| Paragraph (1) | £2223 | £2445 |
| Paragraph (2) | £606 | £667 |
| Paragraph (3) | £606 | £667 |
| Regulation 6 (registration fees: children’s homes) | ||
| Paragraph (2) | £873 | £960 |
| Paragraph (3) | £873 | £910 |
| Regulation 7 (registration fees: residential family centres) | ||
| Paragraph (2) | £728 | £801 |
| Paragraph (3) | £728 | £801 |
| Regulation 8 (registration fees: fostering agencies) | ||
| Paragraph (2) | £873 | £910 |
| Regulation 12 (variation fees: voluntary adoption agencies) | ||
| Paragraph (1)(b) | £606 | £667 |
| Paragraph (2)(b) | £606 | £667 |
| Paragraph (3) | £101 | £111 |
| Regulation 13 (variation fees: adoption support agencies) | ||
| Paragraph (2) | £606 | £667 |
| Paragraph (3) | £101 | £111 |
| Regulation 14 (variation fees: children’s homes) | ||
| Paragraph (2) | £873 | £910 |
| Paragraph (3) | £145 | £160 |
| Regulation 15 (variation fees: residential family centres) | ||
| Paragraph (2) | £728 | £801 |
| Paragraph (3) | £121 | £133 |
| Regulation 16 (variation fees: fostering agencies) | ||
| Paragraph (2) | £145 | £160 |
| Regulation 19 (annual fees: boarding schools, residential colleges and residential special schools) | ||
| Paragraph (2)(a) | £1019 | £1121 |
| Paragraph (2)(b)(i) | £1019 | £1121 |
| Paragraph (2)(b)(ii) | £62 | £68 |
| Paragraph (2)(c) | £1561 | £1717 |
| Paragraph (3)(a) | £1874 | £2061 |
| Paragraph (3)(b)(i) | £1874 | £2061 |
| Paragraph (3)(b)(ii) | £186 | £205 |
| Paragraph (3)(c) | £4670 | £5007 |
| Regulation 20 (annual fees: voluntary adoption agencies) | ||
| Paragraph (1)(a) | £1535 | £1689 |
| Paragraph (1)(b)(i) | £1535 | £1689 |
| Paragraph (1)(b)(ii) | £814 | £895 |
| Paragraph (2)(a) | £814 | £895 |
| Paragraph (2)(b)(i) | £1535 | £1689 |
| Paragraph (2)(b)(ii) | £814 | £895 |
| Regulation 21 (annual fees: adoption support agencies) | ||
| Paragraph (1) | £1540 | £1694 |
| Paragraph (2) | £814 | £895 |
| Regulation 22 (annual fees: fostering agencies) | ||
| Paragraph (1) | £2573 | £2830 |
| Regulation 23 (annual fees: children’s homes) | ||
| Paragraph (1)(a) | £2344 | £2578 |
| Paragraph (1)(b)(i) | £2344 | £2578 |
| Paragraph (1)(b)(ii) | £234 | £257 |
| Paragraph (1)(c) | £9107 | £9285 |
| Regulation 24 (annual fees: residential family centres) | ||
| Paragraph (1)(a) | £1561 | £1717 |
| Paragraph (1)(b) | £1757 | £1913 |
| Paragraph (1)(c) | £1834 | £1913 |
| Regulation 26 (annual fees: local authority adoption and fostering functions) | ||
| Paragraph (1)(a) | £1872 | £2059 |
| Paragraph (1)(b) | £2925 | £3216 |
1989 c.41 . Section 87D was inserted by section 108 of the Care Standards Act 2000 (c.14) . See section 87(10) for the definition of “appropriate authority” and section 87(11) and (12) for the definition of “relevant person”.
2000 c.14 (“the 2000 Act”). Section 12(2) was amended by section 105(1) and (3) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (“the 2003 Act”) and by paragraphs 1 and 11 of Schedule 5 to the Health and Social Care Act 2008 (c.14) (“the 2008 Act”). Section 15(3) was amended by paragraphs 1 and 14(b) of Schedule 5 to the 2008 Act. Section 16(3) was substituted by section 105(6) of the 2003 Act and amended by paragraphs 1 and 15 of Schedule 5 to the 2008 Act. Section 31(7) was amended by paragraphs 1 and 27 of Schedule 5 to the 2008 Act. Sections 12(2), 15(3) and 16(3) were applied to a person who carries on or manages a holiday scheme for disabled children by regulation 2(1), (2)(b), (d), (e) and (j) of S.I. 2013/253 , with the modifications specified in paragraphs 2 and 6 of the Schedule to those Regulations. See section 121 of the 2000 Act for the definitions of “prescribed” and “regulations”.
2006 c.40 . See sections 147(3) and 155(12) for the definition of “relevant functions” in relation to a local authority. Section 181(2) was amended by section 23(3)(b) of the Learner Travel (Wales) Measure 2008 (2008 nawm 2) .
2006 c.21 . Section 89(1) was amended by paragraph 58 of Schedule 4 to the Children and Families Act 2014 (c.6) . See section 106 for the definition of “prescribed” and “regulations”.
2002 c.38 . Section 128 was amended by the Children and Families Act 2014 (c.6) . See section 144(1) for the definition of “regulations” and section 131(1)(b) for the definition of “prescribed”.
S.I. 2015/551 , amended by S.I. 2015/971 , S.I. 2016/322 , S.I. 2017/245 and S.I. 2018/246 .
S.I. 2008/1804 , amended by S.I. 2010/307 and SI 2017/768 .
S.I. 2005/389 , amended by S.I. 2005/3482 , S.I. 2007/603 , S.I. 2009/1892 , S.I. 2009/1895 , S.I. 2010/1172 , S.I. 2011/589 , S.I. 2012/1410 , S.I. 2013/235 , S.I. 2013/985 , S.I. 2014/852 , S.I. 2014/1492 , S.I. 2014/1556 and S.I. 2014/2103 .