Section 1 Children’s homes to which the Act applies.

England and Wales

(1)

For the purposes of this Act a children’s home is a home or other institution providing accommodation and maintenance wholly or mainly for children, other than an institution excluded by subsection (2) below.

(2)

The institutions excluded by this subsection are—

(a)

community homes provided under section 32 of the M1Child Care Act 1980;

(b)

voluntary homes as defined by section 56 of that Act;

(c)

homes registered under the M2Nursing Homes Act 1975 or the M3Residential Homes Act 1980;

(d)

any health service hospital within the meaning of the M4National Health Service Act 1977 and any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State;

(e)

homes and other premises managed by a government department or provided by a local authority; and

(f)

subject to subsection (3) below, any school within the meaning of the M5Education Act 1944.

(3)

An independent school within the meaning of that Act is not excluded by subsection (2) above (and is accordingly a children’s home for the purposes of this Act) if the school provides accommodation for fifty children or less and is not for the time being approved by the Secretary of State under section 11(3)(a) of the M6Education Act 1981.

Annotations

Marginal citations

M1: 1980 c. 5.
M2: 1975 c. 37.
M3: 1980 c. 7.
M4: 1977 c. 49.
M5: 1944 c. 31.
M6: 1981 c. 60.

Notes on the whole Act

Textual amendments

F1: Act repealed (14.10.1991) by Children Act 1989 (c.41, SIF 20) Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I 1991/828, art. 3(2)