Section 30ZH Power to require informationF1
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—
the nature and extent of any risks to the financial sustainability of the person;
the action the person could 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;
the action the person could take to reduce those adverse impacts if they arise.
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.
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.
The power under subsection (1) includes the power to require the provision of—
an explanation of any information required under that subsection,
copies of any documents or records, and
a legible copy of information recorded otherwise than in legible form.
Subsection (6) applies where—
a person provides information to the Secretary of State under this section,
there is a material change to that information, 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)