Section 49 Payments to foster parents

England and Wales

(1)

The appropriate person may by order make provision as to the payments to be made—

(a)

by a F1local authority in England or Wales or a person exercising functions on its behalf to a local authority foster parent with whom any child is placed by that authority or person under section F222C of the Children Act 1989F3or section 81 of the Social Services and Well-being (Wales) Act 2014;

(b)

by a voluntary organisation to any person with whom any child is placed by that organisation under section 59(1)(a) of F4the Children Act 1989.

(2)

In subsection (1)—

“appropriate person” means—
1. (a)
  the Secretary of State, in relation to a local authority in England;
2. (b)
  the Assembly, in relation to a local authority in Wales;
F5...
F6“local authority foster parent” has the same meaning as in section 105(1) of the Children Act 1989;
“voluntary organisation” has the same meaning as in the Children Act 1989.

(3)

In section 23(2)(a) of the Children Act 1989, at the end insert . “ (subject to section 49 of the Children Act 2004) ”

(4)

In section 59(1)(a) of that Act, at the end insert “ (subject to section 49 of the Children Act 2004) ” .

Annotations

Textual amendments

F1: Words in s. 49(1)(2) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , arts. 1 , 5(1) , Sch. 2 para. 55(7)
F2: Word in s. 49(1)(a) substituted (1.4.2011 for E. and 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23) , ss. 8(2) , 44 , Sch. 1 para. 17 ; S.I. 2010/2981 , art. 4(a) ; S.I. 2016/452, art. 2(b)
F3: Words in s. 49(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 219(a)
F4: Words in s. 49(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 219(b)
F5: Words in s. 49(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 219(c)
F6: Words in s. 49(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 219(d)