Section 30ZG Power to require provision of recovery and resolution planF1
The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to—
prepare a recovery and resolution plan, and
submit the plan to the Secretary of State before the end of the period specified in the notice.
A recovery and resolution plan is a plan containing information about—
the nature and extent of any risk to the financial sustainability of the person,
the action the person proposes to take to mitigate or eliminate those risks,
any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised, and
the action the person proposes to take to reduce those adverse impacts if they arise.
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.
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.
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.
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.
Subsection (8) applies where—
a person has submitted a recovery and resolution plan to the Secretary of State,
there is a material change to the matters mentioned in subsection (2), and
the person is subject to financial oversight when the change occurs.
The person must inform the Secretary of State of the change as soon as is reasonably practicable.
Annotations
Textual amendments
- F1
Ss. 30ZE-30ZJ and cross-heading inserted (29.4.2026 for specified purposes, 15.7.2026 in so far as not already in force) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 16(2), 78(1)(a)(5); S.I. 2026/803, reg. 3(e)
Notes on Part II
Modifications
- C1
Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2
- C2
Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)
- C3
Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
- C4
Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5
- C5
Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1
- C6
Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5
- C7
Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4
- C8
Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)