Section 23A The responsible authority and relevant children.F1

England and Wales

(1)

The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.

C1( 2 )

In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—

(a)

is not being looked after F2by any local authority in England or by any local authority in Wales;

(b)

was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and

(c)

is aged sixteen or seventeen.

(3)

The F3Secretary of State may prescribe—

(a)

additional categories of relevant children; and

(b)

categories of children who are not to be relevant children despite falling within subsection (2).

(4)

In subsection (1) the “ responsible local authority ” is the one which last looked after the child.

(5)

If under subsection (3)(a) the F4Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), F5the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children.

Annotations

Textual amendments

F1: Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
F2: Words in s. 23A(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(a)
F3: Words in s. 23A(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(b)
F4: Words in s. 23A(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(c)
F5: Words in s. 23A(5) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 8(3)(b)

Modifications

C1: S. 23A(2) modified (W.) (1.10.2001) by S.I. 2001/2189, reg. 4(4)(5) (as amended (1.8.2002) by S.I. 2002/1855, reg. 2(b)(i))

Notes on Part III

Textual amendments

F1: Pt. 3 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(2)

Notes on Advice and assistance for certain children and young persons

Textual amendments

F1: Words in heading before s. 24 inserted (1.10.2001) by 2000 c. 35, ss. 2(3); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2