The National Child Measurement Programme Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/3080 |
2008 No. 3080
National Health Service, England
The National Child Measurement Programme Regulations 2008
Made 27th November 2008
Laid before Parliament 4th December 2008
Coming into force 5th January 2009
The Secretary of State for Health, in exercise of the powers in sections 7, 8, 19, 272 and 273(4) of, and paragraph 7B of Schedule 1 to, the National Health Service Act 20061, makes the following Regulations:—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Child Measurement Programme Regulations 2008 and shall come into force on 5th January 2009.
(2) In these Regulations—
“the Act” means the National Health Service Act 2006;
“height measure” means a stadiometer on which a person stands to be measured by means of a vertical rule and a sliding horizontal rod or paddle;
“the National Child Measurement Programme” means the annual programme under which Primary Care Trusts weigh and measure children in schools;
“parent” in relation to a relevant child includes any person who has parental responsibility for, or has care of, the child and, in determining whether a person has care of the child, any absence of the child at a hospital or boarding school and any other temporary absence shall be disregarded;
“parental responsibility” has the same meaning as in section 3 of the Children Act 19892;
“process” and “processed” are to be interpreted in accordance with the meaning of “processing” in section 1(1) of the Data Protection Act 19983;
“reception year” means the school year in which the majority of the children are aged either 4 or 5 years;
“relevant child” means a child in the reception year or year 6;
“relevant health professional” means a registered medical practitioner or a registered nurse;
“scales” means an electronic device on which a person stands to be weighed;
“school year” has the same meaning as in section 579(1) of the Education Act 19964; and
“year 6” means the school year in which the majority of the children are aged either 10 or 11 years.
Gathering and further processing height and weight information
2.—(1) Subject to paragraph (4) and to any directions given by the Secretary of State, the functions of the Secretary of State under paragraph 7A(1) and (2) of Schedule 1 to the Act5, to make arrangements with local education authorities and proprietors of independent schools to weigh and measure children, are to be exercisable by Primary Care Trusts in relation to schools present in their area.
(2) Each Primary Care Trust may, as provided for under such arrangements, weigh and measure children and further process resulting information for the purposes of the National Child Measurement Programme where the conditions laid down in paragraph (3) are met.
(3) The conditions are —
(a)
(a) the child to be weighed and measured is a relevant child who is able and willing to stand unaided on scales and under a height measure;
(b)
(b) a parent of...
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