Regulation 2 Amendment of regulation 3 of the General Regulations

In regulation 3 of the General Regulations (child in residential accommodation in prescribed circumstances) from the words “section 12 of the Health Services” to the end there shall be substituted the following words—

• “paragraph 2 of Schedule 8 to the National Health Service Act 1977^f1, the Children Act 1989 or section 37 of the National Health Service (Scotland) Act 1978^f2) are any circumstances in which a child—

  1. (a)

     who has attained the age of eighteen is in residential accommodation pursuant to arrangements made under the said paragraph 2 or the said section 37; or

  2. (b)

     is in residential accommodation pursuant to arrangements made under section 17(1) of the Children Act 1989 (provision of services for children in need) and is a child to whom—

     1. (i)

        section 17(10)(b) of the Chidren Act 1989 (impairment of health or development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him; or

     2. (ii)

        section 17(10)(c) of the Children Act 1989 (disability) applies.”.