# The Netherton Park Instrument of Management (Variation) Order 2019, Article 2: Amendment of the Netherton Park Instrument of Management Order 1973


(1) The Netherton Park Instrument of Management Order 1973 is amended as follows.
(2) In article 2(1) (interpretation)—
(a) for the definition of “the Act” substitute—
““the Act” means the Children Act 1989”;
(b) for the definition of “the home” substitute—
““the home” means the Kyloe House secure community home at Netherton Park”;
(c) in the definition of “local authority”—
(i) for “Children and Young Persons Act 1969” substitute “Act”;
(ii) for “the council of the county of Northumberland” substitute “Northumberland County Council”;
(d) for the definition of “the Organisation” substitute—
““the Organisation” means the Trustees of the Netherton Park Trust”.
(3) In article 2(2), for “Interpretation Act 1889” substitute “Interpretation Act 1978”.
(4) In article 2(3), after “held” insert “or the terms of the lease of the home dated 7th July 2017 to which the Organisation and the Local Authority are party”.
(5) In article 4 (body of managers)—
(a) in paragraph (1), for “twelve” substitute “six”;
(b) in paragraph (2), for “Four” substitute “Two”;
(c) in paragraph (3), for “Eight” substitute “Four”.
(6) In article 5—
(a) for “voluntary” substitute “community”;
(b) for “Section 40(3) of” substitute “paragraph 2(4) of Schedule 4 to”.
(7) In article 9 (qualifications and other provisions as to managers)—
(a) omit paragraph (2);
(b) in paragraph (3) omit “or ineligible under paragraph (2)”.
(8) In article 12 (meeting of the managers)—
(a) in paragraph (2) for “three” substitute “two”;
(b) after paragraph (4) insert—
“(4A) A person elected under paragraph (3) or (4) must—
(a) in the case of an election of the chairman be elected from amongst the Local Authority managers;
(b) in the case of an election of the vice-chairman be one of the foundation managers.”.
(9) Omit article 18 (finance) and the heading preceding it.
(10) In article 19 (premises of the home)—
(a) renumber the existing text as paragraph (1);
(b) after paragraph (1) insert—
“(2) Nothing in paragraph (1) affects the Local Authority’s obligations to maintain the premises in a good condition.”.
(11) In article 20(3) (staff) after “otherwise direct,” insert “deliver written reports to the Chairman and”.
(12) In article 21(1) (the organisation) omit “Managing”.

---
Source: https://www.legislation.gov.uk/uksi/2019/1065/article/2 (the official version)
Page: https://openlegislation.uk/netherton-park-instrument-of-management-variation-order-2019/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.