Section 59 ` Provision of accommodation by voluntary organisations.I1

England and Wales

(1)

Where a voluntary organisation provide accommodation for a child, they shall do so by—

(a)

placing him (subject to subsection (2)) with —

(i)

a family;

(ii)

a relative of his; or

(iii)

any other suitable person,

on such terms as to payment by the organisation and otherwise as the organisation may determine F1(subject to section 49 of the Children Act 2004);

F2(aa)

maintaining him in F3a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 F4or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

(f)

making such other arrangements (subject to subsection (3)) as seem appropriate to them.

F5(1A)

Where under subsection (1)(aa) a F6voluntary organisation maintains a child in a home provided, equipped and maintained by F7an appropriate national authority under section 82(5), it shall do so on such terms as F8that national authority may from time to time determine.

(2)

The F9appropriate national authority may make regulations as to the placing of children with foster parents by voluntary organisations F10... .

(3)

The F11appropriate national authority may make regulations as to the arrangements which may be made under subsection (1)(f) F12... .

F13(3A)

Regulations F14made in relation to England under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.

F15(3B)

Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.

(4)

The F16appropriate national authority may make regulations requiring any voluntary organisation who are providing accommodation for a child—

(a)

to review his case; and

(b)

to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,

in accordance with the provisions of the regulations.

F17(5A)

Regulations F18made in relation to England under subsection (4) may, in particular—

(a)

apply with modifications any provision of section 25A or 25B;

(b)

make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.

F19(5B)

Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.

(6)

Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F20(7)

In this Part “appropriate national authority” means—

(a)

in relation to England, the Secretary of State; and

(b)

in relation to Wales, the Welsh Ministers.

Annotations

Textual amendments

F1: Words in s. 59(1)(a) inserted (15.1.2005) by Children Act 2004 (c. 34), ss. 49(4), 67(7)(d)
F2: S. 59(1)(aa) substituted for s. 59(1)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F3: Words in s. 59(1)(aa) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(2); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
F4: Words in s. 59(1)(aa) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 10
F5: S. 59(1A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F6: Words in s. 59(1A) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(3); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
F7: Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(a)
F8: Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(b)
F9: Words in s. 59(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(3)
F10: Words in s. 59(2) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(4), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
F11: Words in s. 59(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(4)
F12: Words in s. 59(3) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(5), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
F13: S. 59(3A) inserted (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(6); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
F14: Words in s. 59(3A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(a)
F15: S. 59(3B) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(b)
F16: Words in s. 59(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(5)
F17: S. 59(5A) substituted for (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(7); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
F18: Words in s. 59(5A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(c)
F19: S. 59(5B) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(d)
F20: S. 59(7) added (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(6)

Commencement

I1: S. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)