OpenLegislation

Schedule 1

Original text. Later amendments are not shown.

“Children

27A
(1)

This regulation shall apply where an area is transferred from one relevant area to another such area, and in this regulation “the transferred area” means the area so transferred and—

  • “local authority” means the council of a non-metropolitan county, a metropolitan district or a London borough or the Common Council of the City of London;

  • “the transferor authority”, in relation to any transferred area, means the local authority for the relevant area from which the transferred area is transferred;

  • “the transferor authority”, in relation to any transferred area, means the local authority for the relevant area to which the transferred area is transferred; and

  • “relevant area” means a non-metropolitan county, a metropolitan district, a London borough or the City and the Temples.

(2)
(a)

This paragraph shall apply to any child or young person—

(i)

received into the care of the transferor authority under section 1 of the Children Act 1948;

(ii)

committed to the care of the transferor authority by an order of the court in England or Wales; or

(iii)

placed under the supervision of the transferor authority by an order of the court in England or Wales made under any provision of the Children and Young Persons Act 1969 or any other enactment,

who was on the appointed day in the care, or as the case may be under the supervision, of the transferor authority.

(b)

Where a child or young person described in (i) of sub-paragraph (a) was ordinarily resident in the transferred area at the time he was received into care or if he has been so received on more than one occasion when last so received then that child or young person may on or after the appointed day be transferred to the care of the transferee authority. Any question as to such ordinary residence shall be determined as though it arose under section 1 of the Children Act 1948.

(c)

Where in the case of a child or young person described in (ii) of sub-paragraph (a)—

such child or young person resided in the transferred area at the time the order of the court was made; or

it had not appeared to the court making the order that such child or young person resided in the area of a local authority but it had appeared that the offence was committed, or the circumstances in consequence of which the order was made arose, in the transferred area,

then that child or young person may on or after the appointed day be transferred to the care of the transferee authority.

(d)

Where a child or young person described in (iii) of sub-paragraph (a) is immediately before the appointed day residing in the transferred area, then that child or young person may on or after that day be transferred to the supervision of the transferee authority.

(3)
(a)

Any functions, powers rights or liabilities vested in or attaching to the transferor authority with respect to a child or young person transferred to the care of the transferee authority under paragraph (2)(b) or (c) shall thereafter vest in the transferee authority.

(b)

Any order of the court committing a child or young person to whom paragraph (2)(c) or (d) applies to the care, or as the case may be the supervision, of the transferor authority shall, after the care or supervision of the child or young person is transferred, have effect with the substitution of the name of the transferee authority for that of the transferor authority.

(c)

Without prejudice to the provisions of sub-paragraph (a), where functions, powers, rights and liabilities under a resolution passed under section 2 of the Children Act 1948 are transferred under this regulation to a transferee authority, the resolution shall thereafter be deemed to have been passed by the transferee authority.

(4)

A transferor n authority may recover from the transferee authority any expenses in respect of any child or young person to whom paragraph (2) applies duly incurred under Part II of the Children Act 1948 or any other enactment by them on or after the appointed day, including any travelling or other expenses incurred in connection with a transfer under paragraph (2)(b).”