PART 1 General

Citation, commencement and application

1.—(1) These Regulations may be cited as the Children Act 2004 Information Database (England) Regulations 2007 and come into force on the seventh day after the day on which they are made.

(2) These Regulations apply in relation to the establishment and operation of a database under section 12 of the Children Act 2004.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Children Act 2004;

“archived information” shall be construed in accordance with regulation 8;

“child record” in relation to a child or participating young person (including a child or participating young person who is not ordinarily resident in England or who has died) means the information contained in the database relating to that person;

“the database” means the database established and operated, or to be established and operated, by the Secretary of State for Children, Schools and Families under section 12 of the Act;

“local authority” means a children’s services authority in England within the meaning of section 65(1) of the Act;

“national partner” has the meaning given in regulation 9(1)(b);

“parental responsibility” has the same meaning as in section 3 of the Children Act 1989(2);

“participating young person” has the meaning given in regulation 4(2);

“relevant young person” means a person (other than a child) in relation to whom arrangements under section 10 of the Act may be made;

“a Schedule 4 body” has the meaning given in regulation 11(1)(a);

“a Schedule 5 body” has the meaning given in regulation 11(1)(b);

“sensitive service” means a specialist or targeted service which relates to—

“specialist or targeted service” means any service which is not normally provided to all persons in a particular age group.

(2) In these Regulations any reference to a child record for which a local authority is responsible means a child record for which, by virtue of regulation 3(2), the authority is responsible, and references to a local authority being responsible for child records are to be construed accordingly.

(3) In these Regulations any reference to a person employed includes a person employed whether under a contract of service or a contract for services, a person seconded to the organisation in question and a person working as a volunteer, and references to an employee are to be construed accordingly.

(4) In these Regulations a person (A) is not to be treated as having the care of another person (B) by reason only of the fact that A acts as a childminder to B or provides day care to B for part of the day only.

Participation by local authorities

3.—(1) A local authority must participate in the operation of the database in accordance with these Regulations.

(2) A local authority is responsible for any child records, responsibility for which—

(a) is allocated to the authority by the Secretary of State for Children, Schools and Families; or

(b) is accepted by the authority with the agreement of the local authority which previously had responsibility for that child record.