“(2A)

For the purposes of this section, a relevant agency is a “designated
childcare or education agency” if it—

(a)

has functions relating to the provision of childcare or education
(or both), and

(b)

is designated as such by regulations made by the Secretary of
State.”

“16EA Section 16E arrangements: multi-agency child protection teams

(1)

Arrangements made under section 16E by the safeguarding partners
for a local authority area must include the establishment of one or more multi-agency child protection teams for the area for the purpose of providing support to the local authority in connection with the discharge of its duties under section 47 of the Children Act 1989 (duty to investigate where child at risk of significant harm).

(2)

The support referred to in subsection (1) includes—

(a)

the co-ordination of assistance for the local authority under section 47 (9) of the Children Act 1989 , and

(b)

support of any other kind prescribed by regulations made by
the Secretary of State.

(3)

A multi-agency child protection team is to consist of—

(a)

at least one of each of the persons mentioned in subsection (4) , and

(b)

such other persons as the local authority considers appropriate
after consulting the other safeguarding partners.

(4)

The persons referred to in subsection (3) (a) are—

(a)

a person, nominated by the local authority, with experience in
education in relation to children;

(b)

a social worker, nominated by the local authority, with
experience in social work in relation to children;

(c)

a registered health professional, nominated by an integrated
care board for an area any part of which falls within the area of the local authority, with experience in the provision of healthcare in relation to children;

(d)

a police officer nominated by the chief officer of police for a
police area any part of which falls within the area of the local authority.

(5)

A person may be nominated under a particular paragraph of subsection
(4) only if the person satisfies any requirements prescribed by
regulations made by the Secretary of State for the purposes of that paragraph.

(6)

The requirements that may be prescribed under subsection (5) include,
in particular, requirements relating to a person’s qualifications or their experience so far as relating to the safeguarding and promotion of the welfare of children.

(7)

Before making regulations under subsection (2) (b) or (5) , the Secretary
of State must consult such persons (if any) as the Secretary of State considers appropriate.

(8)

In this section—

“
registered health professional” means a person on the register
of one or more of the following bodies—

(a)

the General Medical Council;

(b)

the Nursing and Midwifery Council;

(c)

the Health and Care Professions Council;

“
social worker” means a person registered as a social worker in
the register kept under section 39(1) of the Children and Social Work Act 2017.

16EB Multi-agency child protection teams: co-operation

(1)

If the conditions in subsection (2) are met, the safeguarding partners
for a local authority area and a relevant agency must together draw up a memorandum setting out how the relevant agency will work with the safeguarding partners to facilitate the operation of MACPT arrangements.

(2)

The conditions are that—

(a)

the relevant agency is designated for the purposes of this
section by regulations made by the Secretary of State;

(b)

the safeguarding partners have notified the relevant agency
that it is required to work with the safeguarding partners in drawing up a memorandum under this section.

(3)

Before making regulations under subsection (2) (a) , the Secretary of
State must consult such persons (if any) as the Secretary of State considers appropriate.

(4)

In this section, “MACPT arrangements” means arrangements made
by the safeguarding partners in accordance with section 16EA (1) for the establishment of a multi-agency child protection team.”

“23ZZZA Educational achievement of children in need or in kinship care

(1)

A local authority must take such steps as it considers appropriate for
the purpose of promoting the educational achievement of children within subsection (2) .

(2)

The children within this subsection are—

(a)

children for whom, by virtue of subsection (10)(a) or (b) of
section 17, the authority is providing or has provided services under that section, and

(b)

children in the authority’s area who live in kinship care (within
the meaning of section 22I (1) ).

(3)

The steps that may be taken under subsection (1) include steps
designed—

(a)

to enable children within subsection (2) to overcome barriers
to their educational achievement;

(b)

to raise awareness of those barriers among, and to provide
support for, persons who work with children within subsection
(2) ;

(c)

to improve educational attendance and engagement of children
within subsection (2) ;

(d)

to promote educational opportunities for children within subsection (2) .

(4)

Subsection (1) does not require a local authority to take steps in relation
to a particular child.

(5)

A local authority must appoint at least one person for the purpose of
discharging the duty under subsection (1) .

(6)

A person appointed by a local authority under subsection (5) must be
an officer employed by that authority or another local authority.”

“(c)

the arrangements that the local authority has in place for the
purpose of supporting and assisting care leavers in their transition to adulthood and independent living.”

“(2A)

Information required to be published by a local authority under
subsection (1)(c) includes information about the authority’s arrangements for—

(a)

enabling it to anticipate the future needs of care leavers in
respect of accommodation and services of a kind mentioned in subsection (2);

(b)

co-operating with local housing authorities in its area in
assisting former relevant children aged under 25 to find and keep suitable accommodation;

(c)

providing assistance to find and keep suitable accommodation
to former relevant children aged under 25—

(i)

who are at risk of homelessness, or

(ii)

in the case of former relevant children detained in
prison, a young offender institution or a secure training centre, on their release from detention;

(d)

assisting former relevant children aged under 25 to access
services of a kind mentioned in subsection (2).

(2B)

Information published for the purposes of subsection (2A)(c)(i) must
include information about the authority’s arrangements for early intervention to prevent former relevant children aged under 25 from becoming homeless.”

“Accommodation of looked after children: regional co-operation arrangements

22J Accommodation of looked after children: regional co-operation
arrangements

(1)

The Secretary of State may give directions requiring two or more local
authorities to make regional co-operation arrangements.

(2)

“Regional co-operation arrangements” means arrangements—

(a)

for the local authorities to carry out their strategic
accommodation functions jointly,

(b)

for the local authorities’ strategic accommodation functions to
be carried out by one of the local authorities on behalf of the others, or

(c)

for a body corporate to support the local authorities in carrying
out their strategic accommodation functions.

(3)

A local authority’s “strategic accommodation functions” are—

(a)

assessing current and future requirements for the
accommodation of children being looked after by the local authority,

(b)

developing and publishing strategies for meeting those
requirements,

(c)

commissioning the provision of accommodation for children
being looked after by the local authority,

(d)

recruiting prospective local authority foster parents and
supporting local authority foster parents,

(e)

developing, or facilitating the development of, new provision
for the accommodation of children being looked after by the local authority, and

(f)

any other functions relating to a local authority’s duties under
section 22A, 22C or 22G that are specified in regulations made by the Secretary of State.

(4)

Before making regulations under subsection (3) (f) the Secretary of
State must consult—

(a)

local authorities, and

(b)

such other persons (if any) as the Secretary of State considers
appropriate.

(5)

A direction under subsection (1) may—

(a)

specify which of the three kinds of regional co-operation
arrangements the local authorities must make, or

(b)

specify more than one kind of regional co-operation
arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make.

(6)

A direction which requires or permits the local authorities to make
regional co-operation arrangements of the kind in subsection (2) (b) may—

(a)

specify which local authority is to carry out the strategic
accommodation functions, or

(b)

require the local authorities to determine which of them is to
carry out the strategic accommodation functions.

(7)

A direction which requires or permits the local authorities to make
regional co-operation arrangements of the kind in subsection (2) (c) may—

(a)

specify the kind of body corporate with which the arrangements
may be made;

(b)

require a body corporate to be established for the purposes of
the arrangements.

(8)

If a direction requires a body corporate to be established, it may—

(a)

specify which of the local authorities is to establish the body
corporate, or

(b)

require the local authorities to determine which of them is to
establish it.

(9)

The Secretary of State may give a direction requiring a local authority
to terminate arrangements made in accordance with a direction under subsection (1) .

(10)

A direction under this section may make different provision for
different purposes.”

“(1A)

Subject to the following provisions of this section, a child who is being
looked after by a local authority in England or Wales may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless it appears—

(a)

that—

(i)

the child has a history of absconding and is likely to
abscond from any other description of accommodation, and

(ii)

if the child absconds, the child is likely to suffer
significant harm; or

(b)

that if the child is kept in any other description of
accommodation the child is likely to injure themselves or other persons.

(1B)

References in this section to “relevant accommodation” are references
to accommodation that—

(a)

is provided for the purposes of the care and treatment of
children, and

(b)

is capable of being used (in whole or in part), in connection
with the provision of such care and treatment, for the purpose of depriving children of their liberty.”

“(5ZA)

Subsections (3) to (5) apply in respect of depriving a child of their
liberty in relevant accommodation as they apply in respect of the keeping of a child in secure accommodation.”

“(8ZA)

For the purposes of this section—

(a)

references in subsection (1) to any other description of
accommodation do not include relevant accommodation;

(b)

references in subsection (1A) to any other description of
accommodation do not include secure accommodation.”

“Powers of CIECSS in relation to parent undertakings (England)

23A Improvement plan notice

(1)

The CIECSS may serve an improvement plan notice on a parent
undertaking if it has—

(a)

a subsidiary undertaking which meets the requirements of
subsection (2) ;

(b)

two or more subsidiary undertakings which meet the
requirements of subsection (3) .

(2)

A subsidiary undertaking meets the requirements of this subsection
if—

(a)

the subsidiary undertaking is registered under this Part as
carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for
cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies.

(3)

A subsidiary undertaking meets the requirements of this subsection
if—

(a)

the subsidiary undertaking is registered under this Part as
carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for
cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies.

(4)

An “improvement plan notice” is a written notice which—

(a)

identifies each subsidiary undertaking which meets the
requirements of subsection (2) or (3) ,

(b)

identifies in the case of each of those subsidiary undertakings—

(i)

the establishments or agencies in respect of which the
CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration, and

(ii)

the issues which have led the CIECSS to have those
reasonable suspicions,

(c)

requires the parent undertaking to prepare and submit to the
CIECSS an improvement plan,

(d)

specifies the period within which the plan must be submitted,
and

(e)

provides information about the possible consequences of not
complying with the notice.

(5)

An “improvement plan” is a plan which—

(a)

sets out the action the parent undertaking is proposing to take
to address the issues identified in the improvement plan notice,

(b)

specifies the date by which the action will be taken, and

(c)

names an individual who meets the requirements of subsection (6) .

(6)

The requirements are—

(a)

the individual has a significant role in the management of the
parent undertaking, and

(b)

the individual may reasonably be expected to be in a position
to ensure that the parent undertaking complies with the requirement imposed by section 23B (5) (requirement to
implement an improvement plan) .

(7)

The period mentioned in subsection (4) (d) must not be less than the
period of 28 days beginning with the day on which the improvement plan notice is served on the parent undertaking.

(8)

The CIECSS may withdraw an improvement plan notice by serving
written notice on the parent undertaking.

(9)

Where the CIECSS serves a notice on a parent undertaking under this
section, the CIECSS must also serve a copy of the notice on the subsidiary undertakings identified in the improvement plan notice.

(10)

In this section and sections 23B to 23D , “parent undertaking” and
“subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.

23B Improvement plans

(1)

This section applies where a parent undertaking has submitted an
improvement plan to the CIECSS.

(2)

If the CIECSS is satisfied that—

(a)

the plan meets the requirements in section 23A (5) , and

(b)

the plan will be effective in addressing the issues identified in
the improvement plan notice,

the CIECSS must approve the plan; otherwise the CIECSS must reject it giving reasons for doing so.

(3)

The CIESS must—

(a)

serve written notice of the decision on the parent undertaking,
and

(b)

serve a copy of that notice on the subsidiary undertakings
identified in the improvement plan notice.

(4)

If the CIECSS rejects the improvement plan, the parent undertaking
is to be taken as having failed to comply with the improvement plan notice.

(5)

If the CIECSS approves the improvement plan, the parent undertaking
must implement it in full.

(6)

If the CIECSS is satisfied that the improvement plan has been
implemented in full—

(a)

the CIECSS must serve written notice on the parent undertaking
informing it of that fact, and

(b)

the CIECSS must serve a copy of that notice on the subsidiary
undertakings identified in the improvement plan notice.

(7)

Subsection (8) applies if the individual named in an improvement plan
which has been approved by the CIECSS no longer meets the requirements in section 23A (6) .

(8)

The parent undertaking which submitted the plan must—

(a)

modify the plan so as to name an individual who meets those
requirements, and

(b)

serve written notice of the modification on the CIECSS.

(9)

A parent undertaking may otherwise modify an improvement plan
which has been approved by the CIECSS only if the CIECSS agrees to the modification.

23C Cancellation of improvement plan

(1)

The CIECSS may serve a written notice (a “cancellation notice”) on a
parent undertaking cancelling an improvement plan which the CIECSS has approved.

(2)

The cancellation notice must specify the date on which the cancellation
takes effect (which may be a date before the notice is served).

(3)

If a cancellation notice is served on a parent undertaking, the
requirements mentioned in subsection (4) cease to apply to the undertaking (or are to be treated as having ceased to apply to the undertaking) from the date specified in the notice.

(4)

The requirements are—

(a)

the requirement imposed by section 23B (5) (requirement to
implement improvement plan);

(b)

the requirement imposed by section 23B (8) (requirement to
modify improvement plan to name another senior manager).

(5)

The CIECSS must serve a copy of the cancellation notice on the
subsidiary undertakings identified in the improvement plan notice.

23D Appeals relating to decisions under sections 23A and 23B

(1)

A parent undertaking may appeal to the Tribunal against a decision
of the CIECSS to—

(a)

serve an improvement plan notice on the parent undertaking,
or

(b)

reject an improvement plan submitted by the parent
undertaking.

(2)

An appeal under subsection (1) must be brought within the period of
28 days beginning with the decision date.

(3)

The “decision date” means—

(a)

if the appeal is against a decision to serve an improvement
plan notice, the day on which the notice is served on the parent undertaking;

(b)

if the appeal is against a decision to reject an improvement
plan, the day on which notice of that decision is served on the parent undertaking.

(4)

If an appeal is brought against a decision to serve an improvement
plan notice, the requirement to prepare and submit an improvement plan is suspended during the period—

(a)

beginning with the decision date, and

(b)

ending with the day on which the appeal is finally determined
or withdrawn.

(5)

But where an improvement plan has been approved under section 23B , such an appeal does not suspend the requirements imposed by—

(a)

section 23B (5) (requirement to implement improvement plan),
or

(b)

section 23B (8) (requirement to modify improvement plan to
name another senior manager).

(6)

On an appeal against a decision to serve an improvement plan notice,
the Tribunal may—

(a)

confirm the decision, or

(b)

direct that it is to cease to have effect.

(7)

On an appeal against a decision to reject an improvement plan, the
Tribunal may—

(a)

confirm the decision, or

(b)

direct the CIECSS to retake the decision as to whether to
approve or reject the plan.”

“(5A)

Subsection (1) does not apply to a decision of the CIECSS under—

(a)

section 23A (1) (service of improvement plan notices), or

(b)

section 23B (2) (rejection of improvement plans).”

“Power of CIECSS to impose monetary penalties

30ZC Power of CIECSS to impose monetary penalties

(1)

The CIECSS may impose a monetary penalty on a person if the CIECSS
is satisfied on the balance of probabilities that the person has failed to comply with—

(a)

an improvement plan notice served on the person under section 23A ,

(b)

the requirement imposed by section 23B (5) (implementation of
improvement plans), or

(c)

the requirement imposed by section 23B (8) (modification of
improvement plans to name another senior manager).

(2)

The CIECSS may impose a monetary penalty on a person if—

(a)

the CIECSS is satisfied beyond reasonable doubt that an act or
omission of the person constitutes an offence under this Part, and

(b)

the act or omission relates to an establishment or agency for
which the CIECSS is the registration authority.

(3)

The CIECSS may not impose a monetary penalty under subsection (2) if—

(a)

the person has been convicted of an offence under this Part in
respect of the act or omission,

(b)

criminal proceedings for an offence under this Part in respect
of the act or omission have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under this Part in respect
of the act or omission have been concluded and the person has not been convicted of the offence.

(4)

If the CIECSS has under subsection (2) imposed a monetary penalty
on a person in respect of an act or omission (and the penalty has not been cancelled), the person may not be convicted of an offence under this Part in respect of it.

(5)

See Schedule 1A for further provision about monetary penalties under
this section.

(6)

In this section references to an offence under this Part include an
offence under regulations made under this Part.

30ZD CIECSS monetary penalties: publication of information

(1)

The Secretary of State may by regulations make provision requiring
the CIECSS to publish information about monetary penalties imposed under section 30ZC , which may include information identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.

(2)

None of the provisions in or made by virtue of this section are to be
read as requiring or authorising the processing of information which would contravene the data protection legislation (but in determining whether the processing would do so, take into account the duty imposed or the power conferred by the provision in question).

(3)

In this section, “the data protection legislation” and “processing” have
the same meaning as in section 3 of the Data Protection Act 2018.”

“(ba)

on the ground that a monetary penalty has been imposed on
the person under section 30ZC ;”.

“(7)

Subsection (1) does not apply to a decision of the CIECSS—

(a)

to impose a monetary penalty under section 30ZC ;

(b)

as to the amount of such a penalty.”

“Financial regulation (England)

30ZE Persons who are subject to financial oversight

(1)

A person is subject to financial oversight if the Secretary of State
determines that the person is—

(a)

a relevant provider who meets one or more of the financial
oversight conditions, or

(b)

a member of a relevant provider group which meets one or
more of the financial oversight conditions.

(2)

A “financial oversight condition” is a condition specified in regulations
made by the Secretary of State for the purposes of this section.

(3)

Before making the regulations the Secretary of State must have regard
to the public interest in securing that—

(a)

a relevant provider is subject to financial oversight if the
provider has a position of strategic significance in respect of the provision of relevant establishments or agencies;

(b)

a member of a relevant provider group is subject to financial
oversight if the group has a position of strategic significance in that respect.

(4)

The conditions which may be specified in the regulations may, in
particular, relate to—

(a)

the number of relevant establishments or agencies which are
carried on by a relevant provider or a relevant provider group;

(b)

the size of those establishments or agencies;

(c)

the geographical concentration of those establishments or
agencies;

(d)

the share of any market within England for the provision of
relevant establishments or agencies which is held by a relevant provider or a relevant provider group.

(5)

Where the Secretary of State determines that a person is subject to
financial oversight, the Secretary of State must serve written notice of the determination on the person.

(6)

The notice may require the person to name an individual who—

(a)

has a significant role in the management of the person, and

(b)

may reasonably be expected to be in a position to ensure that
the person complies with any requirement imposed by or under section 30ZG , 30ZH or 30ZI .

(7)

In this section and sections 30ZF to 30ZJ —

“
relevant establishment or agency” means—

(a)

a children’s home in England, or

(b)

a fostering agency in England (or, where the activities
of a fostering agency are carried on from two or more branches, the branches in England);

“
relevant provider” means a person, other than a local authority,
who is registered under this Part as carrying on one or more relevant establishments or agencies;

“
relevant provider group” means—

(a)

a parent undertaking of a relevant provider, and

(b)

its relevant subsidiary undertakings;

“
relevant subsidiary undertaking” means—

(a)

a relevant provider, or

(b)

a parent undertaking of a relevant provider;

“
parent undertaking” and “subsidiary undertaking” have the
meanings given by section 1162 of the Companies Act 2006 .

30ZF Financial oversight period

(1)

A person is subject to financial oversight for the financial oversight
period.

(2)

The “financial oversight period” is the period of 12 months beginning
with the day on which the Secretary of State makes a determination under section 30ZE (1) , but this is subject to subsection (3) .

(3)

If the Secretary of State makes a further determination under section 30ZE (1) before the end of the financial oversight period, that period
is extended until the end of the period of 12 months beginning with the day on which the further determination is made.

30ZG Power to require provision of recovery and resolution plan

(1)

The Secretary of State may serve a written notice on a person who is
subject to financial oversight requiring the person to—

(a)

prepare a recovery and resolution plan, and

(b)

submit the plan to the Secretary of State before the end of the
period specified in the notice.

(2)

A recovery and resolution plan is a plan containing information
about—

(a)

the nature and extent of any risk to the financial sustainability
of the person,

(b)

the action the person proposes to take to mitigate or eliminate
those risks,

(c)

any adverse impacts on local authorities, and children looked
after by local authorities, that might result if those risks materialised, and

(d)

the action the person proposes to take to reduce those adverse
impacts if they arise.

(3)

The period mentioned in subsection (1) (b) must not be less than 28
days beginning with the day on which the notice is served on the person.

(4)

Subsection (5) applies where the person on whom the Secretary of
State serves a notice under subsection (1) is a parent undertaking of a relevant provider.

(5)

The Secretary of State may also require that the information provided
under subsection (2) (a) is to include information about the nature and extent of any risks to the financial sustainability of the relevant subsidiary undertakings of the parent undertaking.

(6)

The Secretary of State may serve written notice on a person who has
submitted a recovery and resolution plan requiring the person to provide an explanation of any information contained in the plan.

(7)

Subsection (8) applies where—

(a)

a person has submitted a recovery and resolution plan to the
Secretary of State,

(b)

there is a material change to the matters mentioned in
subsection (2) , and

(c)

the person is subject to financial oversight when the change
occurs.

(8)

The person must inform the Secretary of State of the change as soon
as is reasonably practicable.

30ZH Power to require information

(1)

The Secretary of State may serve a written notice on a person who is
subject to financial oversight requiring the person to provide such information as the Secretary of State considers it necessary or expedient to have for the purpose of assessing—

(a)

the nature and extent of any risks to the financial sustainability
of the person;

(b)

the action the person could take to mitigate or eliminate those
risks;

(c)

any adverse impacts on local authorities, and children looked
after by local authorities, that might result if those risks materialised;

(d)

the action the person could take to reduce those adverse
impacts if they arise.

(2)

Subsection (3) applies where the Secretary of State serves a notice
under subsection (1) on a person who is a parent undertaking of a relevant provider.

(3)

Where this subsection applies, the power under subsection (1) (a) includes the power to require information for the purposes of assessing the nature of any risks to the financial sustainability of the relevant subsidiary undertakings of the person.

(4)

The power under subsection (1) includes the power to require the
provision of—

(a)

an explanation of any information required under that
subsection,

(b)

copies of any documents or records, and

(c)

a legible copy of information recorded otherwise than in legible
form.

(5)

Subsection (6) applies where—

(a)

a person provides information to the Secretary of State under
this section,

(b)

there is a material change to that information, and

(c)

the person is subject to financial oversight when the change
occurs.

(6)

The person must inform the Secretary of State of the change as soon
as is reasonably practicable.

30ZI Power to arrange for independent business review

(1)

The Secretary of State may arrange for a qualified person to carry out
an independent business review in relation to a person who is subject to financial oversight (a “reviewed person”) if satisfied that either or both of the conditions in subsection (2) are met.

(2)

The conditions are—

(a)

there is a significant risk to the financial sustainability of the
reviewed person, or

(b)

where the reviewed person is a parent undertaking of a relevant
provider, there is a significant risk to the financial sustainability of one or more of their relevant subsidiary undertakings.

(3)

An “independent business review” is a review of—

(a)

the nature and extent of any relevant financial sustainability
risks;

(b)

the action the reviewed person could take to mitigate or
eliminate those risks;

(c)

any adverse impacts on local authorities, and children looked
after by local authorities, that might result if those risks materialised;

(d)

the action the reviewed person could take to reduce those
adverse impacts if they arise.

(4)

A “relevant financial sustainability risk” means—

(a)

where the Secretary of State is satisfied that the condition in
subsection (2) (a) is met, a risk to the financial sustainability of the reviewed person;

(b)

where the Secretary of State is satisfied that the condition in
subsection (2) (b) is met, a risk to the financial sustainability of the relevant subsidiary undertakings mentioned in that subsection.

(5)

A person is “qualified” to carry out an independent business review
if the Secretary of State is satisfied that the person—

(a)

is independent of the reviewed person and the Secretary of
State, and

(b)

has the skills necessary to carry out the review.

(6)

Where the Secretary of State arranges for a qualified person to carry
out an independent business review, the Secretary of State must serve a written notice on the reviewed person informing the person of that fact.

(7)

The notice may make provision for the reviewed person to be liable
to the Secretary of State for payment of the qualified person’s remuneration and expenses relating to the review.

(8)

An amount payable to the Secretary of State under the notice is
recoverable, if a county court so orders, as if it were payable under an order of that court.

(9)

The reviewed person must give the qualified person all such assistance
as the qualified person may reasonably require to carry out the review.

30ZJ Duty to issue advance warning notice

(1)

The Secretary of State must serve a written notice (an “advance
warning notice”) on a local authority if the Secretary of State considers that—

(a)

there is a real possibility that one or more relevant
establishments or agencies will cease to be carried on because of any risk to the financial sustainability of a person who is subject to financial oversight, and

(b)

the local authority, or any children looked after by the local
authority, might be adversely affected if that were to happen.

(2)

An advance warning notice must—

(a)

identify the establishments or agencies mentioned in subsection (1) ;

(b)

inform the local authority that the Secretary of State considers
that there is a real possibility that those establishments or agencies will cease to be carried on for the reasons mentioned in that subsection, and

(c)

explain why the Secretary of State considers that the local
authority, or children looked after by the local authority, might be adversely affected if that were to happen.

(3)

Where the Secretary of State serves an advance warning notice under
subsection (1) , the Secretary of State must also—

(a)

serve a copy of the notice on the CIECSS, and

(b)

inform the person who is registered as carrying on the
establishments or agencies identified in the notice that an advance warning notice has been served in relation to those establishments or agencies.”

“30ZK Power to limit profits of relevant providers

(1)

The Secretary of State may by regulations provide that any profit made
by a relevant provider from carrying on relevant establishments or agencies must not exceed an amount specified in, or determined in accordance with, the regulations.

(2)

“Relevant provider” means a person, other than a local authority, who
is registered under this Part as carrying on one or more relevant establishments or agencies.

(3)

“Relevant establishments or agencies” are—

(a)

children’s homes in England, and

(b)

fostering agencies in England (or, where the activities of a
fostering agency are carried on from two or more branches, the branches in England).

(4)

The regulations may make provision about how the profit made by a
relevant provider from carrying on relevant establishments or agencies is to be determined.

(5)

The provision that may be made by virtue of subsection (4) includes
provision about making adjustments for disguised profit arrangements.

(6)

Arrangements are “disguised profit arrangements” if—

(a)

having regard to all the circumstances, it would be reasonable
to conclude that the main purpose, or one of the main purposes, of the arrangements was to reduce profit, and

(b)

they meet any other conditions specified in the regulations.

(7)

The Secretary of State may make regulations under this section only
if satisfied that it is necessary to do so, having regard to the public interest in securing that relevant providers are providing placements on terms which represent value for money.

(8)

Before making regulations under this section the Secretary of State
must have regard to—

(a)

the welfare of children being looked after by local authorities
in England,

(b)

the interests of local authorities in England, and

(c)

the interests of relevant providers (including the opportunity
to make a profit).

(9)

Before making regulations under this section the Secretary of State
must consult—

(a)

local authorities in England,

(b)

any persons appearing to the Secretary of State to represent
the interests of relevant providers, and

(c)

such other persons (if any) as the Secretary of State considers
appropriate.

30ZL Power to limit profits of relevant providers: supplementary provision

(1)

The Secretary of State may by regulations require relevant providers
to make an annual return to the Secretary of State for the purpose of determining whether they have complied with any requirement imposed by regulations under section 30ZK .

(2)

Regulations under this section may make provision—

(a)

about the contents of the return;

(b)

about the period in respect of which, and date by which, it is
to be made.

(3)

Regulations under this section may make provision conferring on the
Secretary of State powers to require the provision of information from relevant providers in connection with the contents of the return.

(4)

“Relevant provider” has the same meaning as in section 30ZK .”

“(b)

section 30ZK ;”.

“Monetary penalties: procedure etc

30ZN Monetary penalties: procedure etc

Schedule 1A makes provision about—

(a)

monetary penalties imposed by the CIECSS under section 30ZC , and

(b)

monetary penalties imposed by the Secretary of State under 30ZM .”

“Schedule 1A

Section 30ZN

Monetary penalties under Part 2

Interpretation

1

(1)

In this Schedule “monetary penalty” means—

(a)

a monetary penalty under section 30ZC ;

(b)

a monetary penalty under section 30ZM .

(2)

In this Schedule the “relevant authority” means—

(a)

in relation to a monetary penalty under section 30ZC , the
CIECSS;

(b)

in relation to a monetary penalty under section 30ZM , the
Secretary of State.

Notice of intention to impose monetary penalty

2

(1)

Before imposing a monetary penalty on a person, the relevant
authority must serve on the person a notice (a “notice of intention”) stating that the relevant authority proposes to impose the penalty.

(2)

A notice of intention must—

(a)

state the reasons for the proposal to impose a penalty;

(b)

state the amount of the proposed penalty;

(c)

inform the person that the person may, before the end of
the period of 28 days beginning with the day on which the notice is served on the person, make written representations to the relevant authority about the proposal.

(3)

If at any time after the notice of intention is served the relevant
authority decides not to impose a monetary penalty on the person, the relevant authority must serve on the person a notice to that effect.

(4)

The relevant authority may not decide to impose a monetary penalty
on the person before—

(a)

the relevant authority has considered any written
representations made before the end of the period mentioned in sub-paragraph (2) (c) ,

(b)

the person has notified the relevant authority in writing that
they do not intend to make representations, or

(c)

the period mentioned in sub-paragraph (2) (c) has ended
without any written representations having been made.

Imposition of monetary penalty

3

(1)

If the relevant authority decides to impose a monetary penalty on
the person, the relevant authority must (subject to sub-paragraphs (2) and (3) ) serve on the person a notice to that effect.

(2)

A notice imposing a penalty under section 30ZC (1) or 30ZM (penalty
for failure to comply with requirements) may not be served—

(a)

more than 6 months after the relevant authority first has
sufficient evidence to be satisfied on the balance of probabilities that the failure to comply occurred, or

(b)

more than 3 years after the failure to comply occurred,

(whichever is earlier).

(3)

A notice imposing a penalty under section 30ZC (2) (penalty for act
or omission constituting an offence) may not be served after the end of the period within which proceedings could be brought for the offence in question (see section 29).

(4)

A notice imposing a penalty (a “penalty notice”) must—

(a)

state the reasons for imposing the penalty;

(b)

state the amount of the penalty;

(c)

state how the penalty may be paid;

(d)

state the period within which the penalty must be paid;

(e)

inform the person of the right to appeal under paragraph 6 ;

(f)

explain the consequences of non-payment.

(5)

The period specified under sub-paragraph (4) (d) must not be less
than 28 days beginning with the day on which the penalty notice is served on the person.

(6)

The person must pay the penalty before the end of—

(a)

the period specified under sub-paragraph (4) (d) , or

(b)

if an appeal is brought under paragraph 6 , the period of 28
days beginning with the day on which the appeal is withdrawn or finally determined (if the penalty notice then has effect).

(7)

Where a penalty notice has been served on a person, the relevant
authority may cancel or vary it by serving on the person a notice to that effect (but may not vary it so as to increase the amount of the penalty or reduce the period within which it may be paid).

Amount of monetary penalty

4

(1)

Subject to sub-paragraphs (2) to (4) , a monetary penalty may be of
any amount.

(2)

The Secretary of State may by regulations set the maximum amount
of a penalty imposed under section 30ZC (1) or 30ZM (penalty for failure to comply with requirements).

(3)

The amount of a penalty imposed by the CIECSS under section 30ZC (2) (penalty for act or omission constituting an offence) may
not exceed the amount of the fine that may be imposed on summary conviction for the offence in question (where that is not an unlimited amount).

(4)

In deciding the amount of a monetary penalty, the relevant authority
must consider—

(a)

the nature and seriousness of the failure to comply, or the
act or omission, for which the penalty is to be imposed;

(b)

whether there are any mitigating or aggravating factors;

(c)

whether the person has previously failed to comply with,
or committed offences under, this Part or regulations made under it;

(d)

the likely impact of the monetary penalty on the person.

Interest and recovery

5

(1)

This paragraph applies if all or part of a monetary penalty is unpaid
by the time when it is required to be paid.

(2)

The unpaid amount of the penalty for the time being carries interest
at the rate specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(3)

The total amount of interest imposed must not exceed the amount
of the penalty.

(4)

The unpaid amount of the penalty and any unpaid interest may be
recovered by the relevant authority as a debt.

Right of appeal against imposition of monetary penalty

6

(1)

A person on whom a penalty notice has been served may appeal
to the Tribunal against the decision of the relevant authority—

(a)

to impose the penalty;

(b)

as to the amount of the penalty.

(2)

An appeal under this paragraph may not be brought after the end
of the period of 28 days beginning with the day on which the penalty notice was served on the person.

(3)

On an appeal under this paragraph the Tribunal may—

(a)

confirm the penalty notice,

(b)

direct that the penalty notice ceases to have effect, or

(c)

in the case of an appeal against the amount of the penalty,
vary the amount.”

“(c)

paragraph 4 (2) of Schedule 1A .”

“56A Provision of information to the Secretary of State

(1)

The Care Quality Commission may provide market oversight
information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000.

(2)

“Market oversight information” means information held by the
Commission in connection with its functions under sections 54 to 56.

(3)

Except as provided for by subsection (4) , a disclosure of information
authorised by subsection (1) does not breach—

(a)

any obligation of confidence owed by the person making the
disclosure, or

(b)

any other restriction on the disclosure of information (however
imposed).

(4)

Subsection (1) does not authorise the processing of information if the
processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by that subsection).

(5)

In this section, “the data protection legislation” and “processing” have
the same meaning as in section 3 of the Data Protection Act 2018.”

“17A Restrictions on employment of children in England

(1)

A child may not be employed to work in England—

(a)

so long as the child is under the age of 14 (subject to
regulations under subsection (2) );

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by
the Secretary of State;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is
required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more
than five hours in any day on which the child is not required to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more
than 25 hours in any week in which the child is not required to attend school;

(i)

for more than four hours in any day without a break of one
hour;

(j)

at any time in a year unless at that time a person employing
the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.

(2)

The Secretary of State may by regulations authorise the employment
of children aged 13 to do specified descriptions of light work in England.

(3)

A child may not be employed to work in England except in accordance
with a permit (a “child employment permit”) granted by a local authority in England on an application made in accordance with regulations made by the Secretary of State.

(4)

The Secretary of State may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases
or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4) (a) includes provision—

(a)

authorising a local authority in England to request such
information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;

(b)

requiring a local authority in England to have regard to
specified matters when determining an application;

(c)

for the grant of a child employment permit subject to conditions
determined by a local authority;

(d)

requiring a child employment permit to contain specified
information;

(e)

authorising a local authority in England to vary, suspend or
revoke a child employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children
(including requirements to produce child employment permits for inspection);

(h)

requiring or authorising a local authority in England, in
specified circumstances, to disclose information about a child employment permit to another local authority in England or to a local authority in Wales.

(6)

The Secretary of State may by regulations make provision (subject to subsection (1) and regulations under subsection (2) )—

(a)

specifying the number of hours in each day, or in each week,
for which children may be employed, and the times of day at which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and
breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the
employment of children.

(7)

Nothing in this section, or in regulations made under any provision
of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that
section is required for the child to do it.

(8)

In this section—

“
light work” means work which, on account of the inherent nature
of the tasks which it involves and the particular conditions under which they are performed—

(a)

is not likely to be harmful to the safety, health or
development of children, and

(b)

is not such as to be harmful to their attendance at school
or to their participation in work experience in accordance with section 560 of the Education Act 1996 , or their capacity to benefit from the education received or the experience gained (as the case may be);

“
specified”, in relation to regulations made under any provision
of this section, means specified in the regulations;

“
week” means any period of seven consecutive days;

“
year” means a period of 12 months beginning with 1 January.

17B Regulations under section 17A : further provision

(1)

Regulations under section 17A may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Except as provided by subsection (3) , regulations under section 17A may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing
the information, or

(b)

any other restriction on the processing of information (however
imposed).

(3)

Regulations under section 17A are not to be read as requiring or
authorising the processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or power conferred by the provision of the regulations in question).

(4)

Regulations under section 17A are to be made by statutory instrument.

(5)

A statutory instrument containing regulations under section 17A is
subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

In this section—

“
the data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3(9) of that Act);

“
personal data” and “processing” have the same meaning as in
the Data Protection Act 2018 (see section 3(2) and (4) of that Act).”