Schedule RELEVANT HEALTH OR ADULT SOCIAL CARE COMMISSIONER OR PROVIDER; EXCLUDED PERSONSI1
England and Wales
The following persons are excluded from the definition of “relevant health or adult social care commissioner or provider” for the purposes of sections 251A, 251B and 251C of the Act–
a local authority in the exercise of its children’s social services functions;
a body corporate exercising relevant care functions under arrangements with a local authority under section 1(1) of the Children and Young Persons Act 2008f1;
a local authority in the exercise of its functions under Part 1 of the Childcare Act 2006f4;
a person who is registered to carry on a children’s home (as defined in section 1 of the Care Standards Act 2000f5);
a person who is registered to carry on a residential family centre (as defined in section 4 of the Care Standards Act 2000);
a person who is registered to carry on a holiday scheme for disabled children which is subject to Part 2 of the Care Standards Act 2000 by virtue of regulations made under section 42(1) of that Act;
a person who is registered to carry on a fostering agency (as defined in section 4 of the Care Standards Act 2000);
a person who is registered to carry on a registered adoption society (as defined in section 2(2) of the Adoption and Children Act 2002f6);
a person who is registered to carry on an adoption support agency (as defined in section 8 of the Adoption and Children Act 2002);
the governing body of a maintained school (as defined in section 20(7) of the School Standards and Framework Act 1998f7);
the governing body of a maintained nursery school (as defined in section 22(9) of the Schools Standards and Framework Act 1998);
a person providing a service, or carrying on or managing an activity, at a children’s centre (as defined in section 5A(4) of the Childcare Act 2006);
a person providing childcare (as defined in section 18 of the Childcare Act 2006) who is required, or may apply, to be registered under Part 3 of that Act;
the proprietor of an independent educational institution (within the meaning of section 92(1)(a) of the Education and Skills Act 2008f8) entered on a register of independent educational institutions in England kept under section 95 of that Act;
the proprietor of a school approved under section 342 of the Education Act 1996 (non-maintained special schools);
the proprietor of an Academy school (as defined in section 1A(3) of the Academies Act 2010f9);
the proprietor of a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010);
the proprietor of an alternative provision Academy (as defined in section 1C(3) of the Academies Act 2010);
a person providing education under arrangements made with the persons mentioned in paragraphs (q), (r) and (s);
a further education corporation in England (as defined in section 90(1) of the Further and Higher Education Act 1992f10);
a sixth form college corporation (as defined in section 90(1) of the Further and Higher Education Act 1992);
the proprietor of a special post-16 institution (as defined in section 83(2) of the Children and Families Act 2014f11);
a local authority in the exercise of its duty to make arrangements under section 19 of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere);
a person providing education under such arrangements referred to in (x);
a person who is responsible for conducting the establishment where education referred to in (y) is being delivered;
a person providing—
instruction or training pursuant to a requirement imposed by a governing body of a maintained school under section 29(3) of the Education Act 2002 (requirement for pupils to attend at a place outside school premises for instruction or training), or
education pursuant to a requirement imposed by a governing body of a maintained school, a proprietor of an Academy school or alternative provision Academy, or a management committee of a pupil referral unit under section 29A of the Education Act 2002 (educational provision for improving behaviour);
a person who is responsible for conducting the establishment where education, F2instruction or training referred to in (aa) is being delivered;
a person providing education under arrangements made by a governing body or proprietor of a school in the exercise of the body’s or proprietor’s duty under section 100 of the Education and Inspections Act 2006f12 (duty of governing body or proprietor where pupil excluded for fixed period);
a person who is responsible for conducting the establishment where education referred to in (cc) is being delivered.
Annotations
Textual amendments
- F1
Sch. para. (aa) substituted (26.7.2026) by The Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026 (S.I. 2026/558), regs. 1(2), 9(a)
- F2
Word in Sch. para. (bb) substituted (26.7.2026) by The Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026 (S.I. 2026/558), regs. 1(2), 9(b)
Commencement
Footnotes
- f1
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Regulation 3 of the Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014 (S.I. 2014/2407) makes further provision as to functions of a local authority in England that are to be treated as being relevant care functions.
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