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The Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111116920

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 40(2) of the Children and Young Persons Act 2008, for approval by resolution of each House of Parliament.

Children And Young Persons, England

Social Care, England

Made 2014

Coming into force on the day after the day on which they are made

In accordance with section 40(2) of the Children and Young Persons Act 2008f1, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(6) and (7) and 40(12) of that Act.

Annotations to the whole text

Footnotes

f1

2008 c.23.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Functions to be treated as being relevant care functions
  4. 4Functions to be treated as not being relevant care functions
  5. 5Provision as to bodies corporate that may discharge the functions in regulation 3
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014 and come into force on the day after the day on which they are made.

2Interpretation

In these Regulations, “the Act” means the Children and Young Persons Act 2008.

3Functions to be treated as being relevant care functions

The following functions are to be treated as being relevant care functions for the purposes of section 1 of the Act—

(a)

social services functions not falling within section 1(2) of the Act conferred on or exercisable by a local authority so far as those functions relate to children;

(b)

the functions conferred on a local authority under section 10, 12C, 12D and 17A of the Children Act 2004f1.

4Functions to be treated as not being relevant care functions

A local authority’s functions under Part 1 of the Act are to be treated as not being relevant care functions for the purposes of section 1 of the Act.

5Provision as to bodies corporate that may discharge the functions in regulation 3

A body corporate that is carried on for profit may not be a party to an arrangement for the discharge of a function specified in regulation 3.

Signature

Name

Parliamentary Under Secretary of State

Department for Education

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision as to functions of a local authority in England that are to be treated as being relevant care functions (regulation 3) and functions that are to be treated as not being relevant care functions (regulation 4) for the purposes of section 1 (local authorities’ powers to enter into arrangements for the discharge of care functions) of the Children and Young Persons Act 2008. Regulation 5 makes provision as to the type of body corporate that can discharge the functions in regulation 3.

A full regulatory impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.