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Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2013

S.I. 2013/523 · Made 7 March 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Children And Young Persons, England

Made 7th March 2013

Laid before Parliament 11th March 2013

Coming into force 1st April 2013

The Secretary of State for Education makes the following Regulations, in exercise of the powers conferred by sections 16(3), 31(7) and 118(5) and (6) of the Care Standards Act 2000f1, sections 147(1) and 155(1) and (2) of the Education and Inspections Act 2006f2 and sections 87D(2) and 104(4)(a) of the Children Act 1989f3:

Annotations to the whole text

Footnotes

f1

2000 c.14. See section 121 for the definitions of “prescribed” and “regulations”. Section 16(3) was substituted by the Health and Social Care (Community Health and Standards) Act 2003 (c.43), section 105(6) and amended by the Health and Social Care Act 2008 (c.14), Schedule 5, paragraph 15. Section 31(7) was amended by paragraph 27 of Schedule 5 to the Health and Social Care Act 2008.

f2

2006 c.40. See section 147(3) for the definition of “relevant functions” in relation to a local authority.

f3

1989 c.41. Section 87D was inserted by the Care Standards Act 2000, section 108. See section 87(10) for the definition of “appropriate authority” and section 87(11) and (12) for the definition of “relevant person”.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of regulation 14 of the Principal Regulations
  3. 3Amendment of regulation 15 of the Principal Regulations
  4. 4Amendment of regulation 17 of the Principal Regulations
  5. 5Amendment of regulation 18 of the Principal Regulations
  6. 6Amendment of regulation 19 of the Principal Regulations
  7. 7Amendment of regulation 2 of the Children Act 2004 (Children’s Services) Regulations 2005
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2013 and come into force on 1st April 2013.

(2)

In these Regulations “the Principal Regulations” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007f1.

2Amendment of regulation 14 of the Principal Regulations

In regulation 14(1) and (2) of the Principal Regulations (voluntary adoption agencies)—

(a)

for “£918.39” in each place where it occurs substitute “£952.54”; and

(b)

for “£459.20” in each place where it occurs substitute “£505.11”.

3Amendment of regulation 15 of the Principal Regulations

In regulation 15 of the Principal Regulations (adoption support agencies)—

(a)

in paragraph (1) for “£918.39” substitute “£956.05”; and

(b)

in paragraph (2) for “£459.20” substitute “£505.11”.

4Amendment of regulation 17 of the Principal Regulations

(1)

Regulation 17 of the Principal Regulations (children’s homes etc.) is amended as follows.

(2)

In paragraph (1) (children’s homes)—

(a)

for “£1323.01” in both places where it occurs substitute “£1455.32”;

(b)

for “62” in both places where it occurs substitute “37”;

(c)

in sub-paragraph (b)(ii)—

(i)

for “£131.77” substitute “£144.95; and

(ii)

for “62nd” substitute “37th”; and

(d)

in sub-paragraph (c) for “£9120” substitute “£6399.31”.

(3)

In paragraph (2A) (residential family centres)—

(a)

for “£881.12” substitute “£969.23”;

(b)

for sub-paragraph (b) substitute “has 4 approved places, £1090.75”; and

(c)

in sub-paragraph (c) for “5” substitute “4”.

(4)

In paragraph (3A) (boarding schools)—

(a)

for “£574.99” in both places where it occurs substitute “£632.49”;

(b)

in sub-paragraph (b) for “15” substitute “12”;

(c)

in sub-paragraph (b)(ii)—

(i)

for “£34.61” substitute “£38.07”; and

(ii)

for “14th” substitute “12th”; and

(d)

in sub-paragraph (c) for “16” substitute “13”.

(5)

In paragraph (3B) (residential colleges)—

(a)

for “£574.99” in both places where it occurs substitute “£632.49”;

(b)

for “14” in both places where it occurs substitute “11”; and

(c)

in sub-paragraph (b)(ii)—

(i)

for “£34.61” substitute “£38.07”; and

(ii)

for “14th” substitute “11th”.

(6)

In paragraph (3C) (residential special schools)—

(a)

for “£1058.15” in both places where it occurs substitute “£1163.96”;

(b)

for “20” in both places where it occurs substitute “18”; and

(c)

in sub-paragraph (b)(ii) —

(i)

for “£105.15” substitute “£115.66”; and

(ii)

for “20th” substitute “18th”.

5Amendment of regulation 18 of the Principal Regulations

(1)

Regulation 18 of the Principal Regulations (local authority adoption and fostering functions) is amended as follows.

(2)

In paragraph (a) (relevant adoption functions) for “£1549” substitute “£1161.75”.

(3)

In paragraph (b) (relevant fostering functions) for “£2421” substitute “£1815.75”.

6Amendment of regulation 19 of the Principal Regulations

In regulation 19 of the Principal Regulations (frequency of inspections), omit paragraph (1)(c).

7Amendment of regulation 2 of the Children Act 2004 (Children’s Services) Regulations 2005

In regulation 2(1)(v) of the Children Act 2004 (Children’s Services) Regulations 2005f1 (children’s services) for the words “social service” to the end, substitute “function listed at section 135(1)(d) or (e) of the Education and Inspections Act 2006f2”.

Signature

Edward Timpson

Parliamentary Under Secretary of State

Department for Education

7th March 2013

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Parts 4 (annual fees) and 5 (frequency of inspections) of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 (S.I. 2007/694) (“the Principal Regulations”). The Principal Regulations apply in relation to England only.

These Regulations amend the annual fees that are paid under the Care Standards Act 2000, the Education and Inspections Act 2006 and the Children Act 1989 to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills in respect of voluntary adoption agencies, adoption support agencies, children’s homes, residential family centres, boarding schools, residential colleges, residential special schools and in respect of local authority fostering and adoption functions.

Regulation 6 amends the Principal Regulations to remove the requirement that the Chief Inspector inspect premises used by local authorities in their performance of relevant functions (that is, their adoption and fostering functions) at least once in every three year period.

Regulation 7 amends the Children Act 2004 (Children’s Services) Regulations 2005 (S.I. 2005/1972) so as to update the definition of “children’s services” following amendments to the Health and Social Care (Community Health and Standards) Act 2003 (c.43).

An Impact Assessment has been prepared for this instrument and it is available from the Department for Education and annexed to the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.