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Change 1
As published
30ZE Persons who are subject to financial oversight
(1) A person is subject to financial oversight if the Secretary of State determines that the person is—
(a) a relevant provider who meets one or more of the financial oversight conditions, or
(b) a member of a relevant provider group which meets one or more of the financial oversight conditions.
(2) A “financial oversight condition” is a condition specified in regulations made by the Secretary of State for the purposes of this section.
(3) Before making the regulations the Secretary of State must have regard to the public interest in securing that—
(a) a relevant provider is subject to financial oversight if the provider has a position of strategic significance in respect of the provision of relevant establishments or agencies;
(b) a member of a relevant provider group is subject to financial oversight if the group has a position of strategic significance in that respect.
(4) The conditions which may be specified in the regulations may, in particular, relate to—
(a) the number of relevant establishments or agencies which are carried on by a relevant provider or a relevant provider group;
(b) the size of those establishments or agencies;
(c) the geographical concentration of those establishments or agencies;
(d) the share of any market within England for the provision of relevant establishments or agencies which is held by a relevant provider or a relevant provider group.
(5) Where the Secretary of State determines that a person is subject to financial oversight, the Secretary of State must serve written notice of the determination on the person.
(6) The notice may require the person to name an individual who—
(a) has a significant role in the management of the person, and
(b) may reasonably be expected to be in a position to ensure that the person complies with any requirement imposed by or under section 30ZG, 30ZH or 30ZI.
(7) In this section and sections 30ZF to 30ZJ—
“relevant establishment or agency” means—
a children’s home in England, or
a fostering agency in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England);
“relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies;
“relevant provider group” means—
a parent undertaking of a relevant provider, and
its relevant subsidiary undertakings;
“relevant subsidiary undertaking” means—
a relevant provider, or
a parent undertaking of a relevant provider;
“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.
Your change, as a redline
30ZE Persons who are subject to financial oversight
(1) A person is subject to financial oversight if the Secretary of State determines that the person is—
(a) a relevant provider who meets one or more of the financial oversight conditions, or
(b) a member of a relevant provider group which meets one or more of the financial oversight conditions.
(2) A “financial oversight condition” is a condition specified in regulations made by the Secretary of State for the purposes of this section.
(3) Before making the regulations the Secretary of State must have regard to the public interest in securing that—
(a) a relevant provider is subject to financial oversight if the provider has a position of strategic significance in respect of the provision of relevant establishments or agencies;
(b) a member of a relevant provider group is subject to financial oversight if the group has a position of strategic significance in that respect.
(4) The conditions which may be specified in the regulations may, in particular, relate to—
(a) the number of relevant establishments or agencies which are carried on by a relevant provider or a relevant provider group;
(b) the size of those establishments or agencies;
(c) the geographical concentration of those establishments or agencies;
(d) the share of any market within England for the provision of relevant establishments or agencies which is held by a relevant provider or a relevant provider group.
(5) Where the Secretary of State determines that a person is subject to financial oversight, the Secretary of State must serve written notice of the determination on the person.
(6) The notice may require the person to name an individual who—
(a) has a significant role in the management of the person, and
(b) may reasonably be expected to be in a position to ensure that the person complies with any requirement imposed by or under section 30ZG, 30ZH or 30ZI.
(7) In this section and sections 30ZF to 30ZJ—
“relevant establishment or agency” means—
a children’s home in England, or
a fostering agency in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England);
“relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies;
“relevant provider group” means—
a parent undertaking of a relevant provider, and
its relevant subsidiary undertakings;
“relevant subsidiary undertaking” means—
a relevant provider, or
a parent undertaking of a relevant provider;
“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.
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