40 Directions that premises no longer to be used for community home.
(1) Where it appears to the Secretary of State that any premises used for the purposes of a community home are unsuitable for those purposes, or that the conduct of a community home is not in accordance with regulations made by him under section 39 of this Act or is otherwise unsatisfactory, he may by notice in writing served on the responsible body, direct that as from such date as may be specified in the notice the premises shall not be used for the purposes of a community home.
(2) Where the Secretary of State has given a direction in relation to a controlled or assisted community home under subsection (1) above and the direction has not been revoked, the Secretary of State may at any time by order revoke the instrument of management for that home.
(3) For the purposes of subsection (1) above the responsible body—
(a) in relation to a community home provided by a local authority, is that local authority;
(b) in relation to a controlled community home, is the local authority specified in the instrument of management for that home; and
(c) in relation to an assisted community home, is the voluntary organisation by which the home is provided.
42 Determination of disputes relating to controlled and assisted community homes.
(1) Subject to subsection (5) below, where any dispute relating to a controlled community home arises between the local authority specified in the instrument of management and either the voluntary organisation by which the home is provided or any other local authority who have placed, or desire or are required to place, a child in their care in the home, the dispute may be referred by either party to the Secretary of State for his determination.
(2) Subject to subsection (5) below, where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, a child in their care in the home, the dispute may be referred by either party to the Secretary of State for his determination.
(3) Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.
(4) The provisions of this section shall apply notwithstanding that the matter in dispute may be one which, under or by virtue of the preceding provisions of this Part of this Act, is reserved for the decision, or is the responsibility, of the local authority specified in the instrument of management or, as the case may be, the voluntary organisation by which the home is provided.
(5) Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.
43 Discontinuance by voluntary organisation of controlled or assisted community home.
(1) The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the instrument of management not less than two years’ notice in writing of their intention to do so.
(2) A notice under subsection (1) above shall specify the date from which the voluntary organisation intends to cease to provide the home as a community home; and where such a notice is given and is not withdrawn before the date specified in it, then, subject to subsection (4) below, the instrument of management for the home shall cease to have effect on that date and accordingly the home shall then cease to be a controlled or assisted community home.
(3) Where a notice is given under subsection (1) above, the local authority to whom the notice is given shall inform the children’s regional planning committee responsible for the regional plan under which the voluntary home in question was designated as a controlled or assisted community home of the receipt and content of the notice.
(4) Where a notice is given under subsection (1) above and the body of managers for the home to which the notice relates give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers of the home until the date specified in the first-mentioned notice, the Secretary of State may by order—
(a) revoke the instrument of management; and
(b) require the local authority who were specified in that instrument to conduct the home, until the date specified in the notice under subsection (1) above or such earlier date (if any) as may be specified for the purposes of this paragraph in the order, as if it were a community home provided by the local authority.
(5) Where the Secretary of State makes such a requirement as is specified in subsection (4)(b) above—
(a) nothing in the trust deed for the home in question shall affect the conduct of the home by the local authority; and
(b) the Secretary of State may by order direct that for the purposes of any provision specified in the direction and made by or under any enactment relating to community homes (other than this section) the home shall, until the date or earlier date specified as mentioned in subsection (4)(b) above, be treated as an assisted community home or as a controlled community home, but except in so far as the Secretary of State so directs, the home shall until that date be treated for the purposes of any such enactment as a community home provided by the local authority; and
(c) on the date or earlier date specified as mentioned in subsection (4)(b) above the home shall cease to be a community home.
44 Financial provisions applicable on cessation of controlled or assisted community home.
(1) Where the instrument of management for a controlled or assisted community home ceases to have effect by virtue either of an order under subsection (2) of section 40 of this Act or of subsection (2) or subsection (4)(a) of section 43 of this Act, the voluntary organisation by which the home was provided or, if the premises used for the purposes of the home are not vested in that organisation, the persons in whom those premises are vested (in this section referred to as “the trustees of the home”), shall become liable, in accordance with the following provisions of this section, to make repayment in respect of any increase in the value of the premises and other property belonging to the voluntary organisation or the trustees of the home which is attributable to the expenditure of public money thereon.
(2) Where an instrument of management has ceased to have effect as mentioned in subsection (1) above and the instrument related—
(a) to a controlled community home; or
(b) to an assisted community home which, at any time before that instrument of management came into force, was a controlled community home,
then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the local authority specified in that instrument of management a sum equal to that part of the value of any relevant premises which is attributable to expenditure by the local authority who at the time the expenditure was incurred had responsibility for the management, equipment and maintenance of the home by virtue of section 37(1) of this Act.
(3) For the purposes of subsection (2) above, “relevant premises”, in relation to a controlled or assisted community home, means premises used for the purposes of the home and belonging to the voluntary organisation or the trustees of the home but erected, extended or improved, at any time while the home was a controlled community home, by the local authority having, at that time, such responsibility in relation to the home as is mentioned in that subsection.
(4) Where an instrument of management has ceased to have effect as mentioned in subsection (1) above and the instrument related—
(a) to an assisted community home; or
(b) to a controlled community home which, at any time before the instrument of management came into force, was an assisted community home,
then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the Secretary of State a sum equal to that part of the value of the premises and any other property used for the purposes of the home which is attributable to the expenditure of money provided by way of grant under section 82 of this Act.
(5) Where an instrument of management has ceased to have effect as mentioned in subsection (1) above and the controlled or assisted community home to which it related was conducted in premises which formerly were used as an approved school or were an approved probation hostel or home but which were designated as a community home in a regional plan approved by the Secretary of State, then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the Secretary of State a sum equal to that part of the value of the premises concerned and of any other property used for the purposes of the home and belonging to the voluntary organisation or the trustees of the home which is attributable to the expenditure—
(a) of sums paid towards the expenses of the managers of an approved school under section 104 of the Children and Young Persons Act 1933; or
(b) of sums paid under section 51(3)(c) of the Powers of Criminal Courts Act 1973 in relation to expenditure on approved probation hostels or homes.
(6) The amount of any sum payable under this section by the voluntary organisation by which a controlled or assisted community home was provided or by the trustees of the home shall be determined in accordance with such arrangements—
(a) as may be agreed between the voluntary organisation by which the home was provided and the local authority concerned or, as the case may be, the Secretary of State; or
(b) in default of agreement, as may be determined by the Secretary of State;
and with the agreement of the local authority concerned or the Secretary of State, as the case may be, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises or other property used for the purposes of the home in question.
(7) The provisions of this section shall have effect notwithstanding anything in any trust deed for a controlled or assisted community home and notwithstanding the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.
(8) Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.
45 Liability for contributions in respect of children in care.
(1) Where—
(a) a child is in the care of a local authority under section 2 of this Act, or
(b) a child is in the care of a local authority by virtue of a care order (other than an interim order),
the following persons (and no others) shall be liable to make contributions in respect of the child, that is to say—
(i) if the child has not attained the age of sixteen, the father or mother of the child, and
(ii) if the child has attained the age of sixteen and is engaged in remunerative full-time work, the child himself.
(2) Any contribution which any person is required to make under subsection (1) above shall be payable to the local authority for the area in which that person is for the time being residing.
(3) Whether or not a contribution order has been made under section 47 of this Act in respect of any child in the care of a local authority, no contribution shall be payable in respect of him for any period during which he is allowed by the local authority to be under the charge and control of a parent, guardian, relative or friend, although remaining in the care of the local authority.
(4) Where a contribution order is made under section 47 of this Act requiring the father or mother of the child to make contributions in respect of the child, no payments shall be required to be made under the order in respect of any period after the child has attained the age of sixteen.
(1) Where a person is liable under section 45 of this Act to make a contribution in respect of a child in the care of a local authority then, subject to the provisions of this section, the amount of his contribution shall be such as may be proposed by the local authority and agreed by that person or, in default of agreement, as may be determined by a court under section 47 or 48 of this Act in proceedings for, or for the variation of, a contribution order.
(2) The maximum contribution which may be proposed by a local authority in respect of a child in their care shall be a weekly amount equal to the weekly amount which, in the opinion of the local authority, they would normally be prepared to pay if a child of the same age were boarded out by them (whether or not the child in respect of whom the contribution is proposed is in fact so boarded out and, if he is, whether or not the local authority are in fact paying that amount).
(1) Where—
(a) the local authority in whose care a child is have, by notice in writing given to a person liable to make a contribution in respect of the child under section 45 of this Act (in this section and section 48 of this Act referred to as a “contributor”), proposed an amount as the amount of his contribution; and
(b) either the contributor and the local authority have not, within the period of one month beginning with the day on which the notice was given to the contributor, agreed on the amount of his contribution or the contributor has defaulted in making one or more contributions of an amount which has been agreed,
the local authority entitled under section 45(2) of this Act to receive contributions in respect of the child may apply to a magistrates’ court appointed for the commission area where the contributor is for the time being residing for an order under this section.
(2) On an application under subsection (1) above, the court may make an order (in this Act referred to as a “contribution order”) requiring the contributor to contribute such weekly sum as the court having regard to his means thinks fit, not being greater than the amount proposed in the notice given to the contributor under subsection (1)(a) above.
(3) Subject to the provisions of this Act, a contribution order in respect of a child in the care of a local authority under section 2 of this Act shall remain in force so long as the child remains in the care of a local authority under that section and a contribution order in respect of a child who is in the care of a local authority by virtue of a care order shall remain in force so long as the child to whom it relates is in the care of the local authority to whose care he is committed by the care order.
(4) A contribution order may be enforced in like manner as an affiliation order and the enactments relating to the enforcement of affiliation orders shall, with any necessary modifications, apply accordingly, except that any powers conferred on a magistrates’ court by any such enactment shall as respects a contribution order be exercisable, and exercisable only, by a magistratres’ court appointed for the commission area where the contributor is for the time being residing.
(1) Any powers conferred on a magistrates’ court by section 53 of the Magistrates’ Courts Act 1952 (which confers power to revoke, vary or revive orders for periodical payments) shall as respects a contribution order be exercisable, and exercisable only, by a magistrates’ court appointed for the commission area where the contributor is for the time being residing.
(2) In proceedings for the variation of a contribution order, the local authority concerned shall specify the weekly amount which, having regard to section 46(2) of this Act, they propose should be the amount of the contribution payable under the order and the court shall not vary the contribution order so as to require the contributor to pay a contribution greater than that proposed by the local authority.
49 Transfer of payments under an affiliation order to local authority.
(1) Where a child who is in the care of a local authority under section 2 of this Act is illegitimate and an affiliation order for his maintenance is in force, any magistrates’ court appointed for the commission area where the putative father is for the time being residing may at any time order the payments under the affiliation order to be paid to the local authority who are from time to time entitled under section 45(2) of this Act to receive contributions in respect of the child.
(2) Where a child who is in the care of a local authority by virtue of a care order (other than an interim order) is illegitimate and an affiliation order for his maintenance is in force, the court which makes the order may at the same time, and any magistrates’ court appointed for the commission area where the putative father is for the time being residing may subsequently at any time, order the payments under the affiliation order to be paid to the local authority who are from time to time entitled under section 45(2) of this Act to receive contributions in respect of the child.
(3) Applications for orders under subsection (1) or (2) above may be made by the local authority by whom applications for contribution orders may be made.
(4) Where an order made under subsection (1) or (2) above with respect to an affiliation order is in force—
(a) any powers conferred on a magistrates’ court by the enactments relating to the enforcement of affiliation orders or by section 53 of the Magistrates’ Courts Act 1952 (which confers power to revoke, vary or revive orders for periodical payments) shall as respects the affiliation order in question be exercisable, and exercisable only, by a magistrates’ court appointed for the commission area where the person liable is for the time being residing;
(b) any sums received under the affiliation order shall be applied in like manner as if they were contributions received under a contribution order;
(c) if the putative father changes his address he shall forthwith give notice thereof to the local authority who were immediately before the change entitled to receive payments under the order and, if he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
(5) The making of an order under subsection (1) or (2) above with respect to an affiliation order shall not extend the duration of the affiliation order.
(6) Where an order is made under this section with respect to an affiliation order, the affiliation order shall not remain in force (except for the purpose of the recovery of arrears)—
(a) in the case of an order made by virtue of subsection (1) above, after the child has ceased to be in the care of the local authority under section 2 of this Act, or
(b) in the case of an order made by virtue of subsection (2) above, after the child has ceased to be the subject of the care order; or
(c) in either case, if the child is allowed by the local authority to be under the charge and control of a parent, guardian, relative or friend, although remaining in the care of the local authority.
(7) Where an affiliation order would, but for the provisions of subsection (6) above, have continued in force, the mother, or any person entitled to make an application for an order under section 5 of the Affiliation Proceedings Act 1957, may apply to a magistrates’ court appointed for the commission area where she or he is for the time being residing for an order that the affiliation order may be revived and that payments thereunder may until the expiration thereof be made to the applicant at such a rate as may be proper, and the court may make such an order accordingly, and where such an order is so made, any power to vary, revoke or again revive the affiliation order or any part thereof, being a power which would but for the provisions of this subsection be vested in the court which originally made the affiliation order, shall be exercisable, and exercisable only, by the court which made the order under this subsection.
50 Application by local authority for affiliation order.
(1) Subject to the provisions of subsection (2) below, where—
(a) an illegitimate child is in the care of a local authority under section 2 of this Act, or
(b) an illegitimate child is in the care of a local authority by virtue of a care order (other than an interim order),
and no affiliation order has been made in respect of the child, the local authority whose area includes the place where the mother of the child resides may apply to a magistrates’ court appointed for the commission area which includes that place for a summons to be served under section 1 of the Affiliation Proceedings Act 1957.
(2) No application shall be made under subsection (1) above—
(a) in a case falling within paragraph (a) of that subsection, after the expiration of three years from the time when the child was received or last received into the care of the local authority or of another local authority from whom the care of the child was taken over by the first mentioned authority;
(b) in a case falling within paragraph (b) of that subsection, after the expiration of three years from the coming into force of the care order.
(3) In any proceedings on an application under subsection (1) above the court shall hear such evidence as the local authority may produce, and shall in all other respects, but subject to the provisions of subsection (4) below, proceed as on an application made by the mother under section 1 of the Affiliation Proceedings Act 1957.
(4) An order made under section 4 of the Affiliation Proceedings Act 1957 on an application under subsection (1) above shall provide that the payments to be made under the order shall, in lieu of being made to the mother or a person appointed to have the custody of the child, be made to the local authority who are from time to time entitled under section 45(2) of this Act to receive contributions in respect of the child.
(5) Where in accordance with section 49(6) of this Act an affiliation order has ceased to be in force, and but for that subsection the order would still be in force, then if the condition specified in paragraph (a) or (b) of subsection (1) above is fulfilled, the local authority whose area includes the place where the putative father of the child resides may make application to a magistrates’ court appointed for the commission area which includes that place—
(a) for the affiliation order to be revived, and
(b) for payments thereunder to be made to the local authority who are from time to time entitled under section 45(2) of this Act to receive contributions in respect of the child,
and the court may make an order accordingly.
(6) Subsections (4) to (7) of section 49 of this Act shall apply in relation to an order made on an application under subsection (1) above or to an affiliation order revived under subsection (5) above as if it were an affiliation order in respect of which an order had been made under subsection (1) or (2) of that section.
(1) Where during any period (in this section referred to as “the period of default”)—
(a) a person was liable to make contributions in respect of a child; but
(b) no order was in force requiring him to make the contributions;
a magistrates’ court having jurisdiction in the place where he is for the time being residing may, on the application of the local authority who would have been entitled to receive payments under such an order, make an order (in this Act referred to as an “arrears order”) requiring him to pay such weekly sum, for such period, as the court, having regard to his means, thinks fit; but the aggregate of the payments required to be made by any person under an arrears order shall not exceed the aggregate that, in the opinion of the court, would have been payable by him under a contribution order in respect of the period of the default or, if it exceeded three months, the last part thereof, less the aggregate of the payments (if any) made by him in respect of his liability during that period or, as the case may be, the last part thereof.
For the purposes of this subsection the last part of the period of default shall be taken to be the last three months thereof and such time, if any, preceding the last three months as is equal to the time during which it continued after the making of the application for the arrears order.
(2) No application for an arrears order shall be made later than three months after the end of the period of default.
(3) An arrears order shall be treated as a contribution order, and payments under it as contributions, for the purposes of sections 45(2) and (3), 47(4), 48 and 53 of this Act.
(4) A person liable to make payments under an arrears order shall, except at a time when he is under a duty to give information of his address under section 12 of this Act, keep the local authority to whom the payments are to be made informed of his address; and if he fails to do so he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £10.
(1) An appeal to the Crown Court from an order made by a magistrates’ court under this Part of this Act may be brought in the following cases and by the following persons, that is to say—
(a) in the case of an order requiring a person to contribute in respect of himself or any other person (whether a contribution order or an arrears order), by the person required to contribute;
(b) in the case of an order requiring all or any part of the payments accruing due under an affiliation order to be paid to some other person, by the person who would but for the order be entitled to the payments.
(2) Nothing in this section shall be construed as affecting any other right of appeal conferred by this or any other Act.
53 Contributions received by a local authority which are payable over to another authority.
(1) Where contributions payable under section 45 of this Act in respect of a child in the care of a local authority are payable, by the person liable to make the contributions, to an authority other than the authority responsible for maintenance, the authority receiving the contributions from that person shall pay them over to the authority responsible for maintenance, subject, however, to such deductions in respect of services rendered by the authority paying the contributions over as may be agreed between the two authorities or as in default of agreement may be determined by the Secretary of State.
(2) In this section references to the authority responsible for maintenance—
(a) in relation to a child who is in the care of a local authority by virtue of a care order, are references to that authority;
(b) in relation to a child who is received into the care of a local authority under section 2 of this Act, are references to the local authority into whose care the child has been received, except that where the authority to whom the contributions are payable by the person liable to make them has been notified that under section 2(4) of this Act expenses are being recovered from another authority, the said references shall be construed as references to that other authority.
54 Supplementary provisions regarding payment of arrears.
(1) Where by virtue of an order made under section 47, 49, 50 or 51 of this Act any sum is payable to a local authority, the local authority within whose area the person liable under the order is for the time being residing shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of, any arrears accrued due under the order, notwithstanding that those arrears may have accrued at a time when he was not resident in the area of that authority.
(2) In any proceedings under section 47, 49, 50 or 51 of this Act a certificate purporting to be signed by the clerk to an authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order is overdue and unpaid shall be evidence of the facts stated therein.
55 Proceedings by or against a person residing in Scotland or Northern Ireland.
(1) A magistrates’ court shall have jurisdiction in proceedings against a person residing in Scotland or Northern Ireland for a contribution order under section 47 of this Act or for an arrears order under section 51 of this Act.
(2) A magistrates’ court by which an order has been made under section 47 or 51 of this Act shall have jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of that order.
(3) A magistrates’ court shall have jurisdiction in proceedings against a man residing in Scotland or Northern Ireland for an affiliation order under section 50 of this Act if the act of intercourse resulting in the birth of the child or any act of intercourse between the parties which may have resulted therein took place in England or Wales.
(4) The provisions of this Part of this Act shall, in the cases mentioned in Schedule 2 to this Act, have effect subject to the modifications set out in that Schedule, being modifications consequential on the foregoing provisions of this section.
(5) Nothing in this section shall be construed as derogating from any jurisdiction exercisable, apart from the provisions of this section, by any court in England or Wales; and it is hereby declared that any jurisdiction conferred by this section is exercisable notwithstanding that any party to the proceedings is not domiciled in England and Wales and any jurisdiction conferred by this section in affiliation proceedings shall be exercisable notwithstanding that the child to whom the proceedings relate was not born in England or Wales.
In this Act, except where otherwise indicated, the expression “voluntary home” means any home or other institution for the boarding, care and maintenance of poor children, being either—
(a) a home or other institution supported wholly or partly by voluntary contributions, or
(b) a home or other institution supported wholly or partly by endowments, not being a school within the meaning of the Education Act 1944,
but does not in either case include a mental nursing home within the meaning of the Nursing Homes Act 1975 or a residential home for mentally disordered persons within the meaning of the Residential Homes Act 1980.
(1) No voluntary home shall be carried on unless it is for the time being registered in a register to be kept for the purposes of this section by the Secretary of State.
(2) Application for registration under this section shall be made by the persons intending to carry on the home to which the application relates, and shall be made in such manner, and accompanied by such particulars, as the Secretary of State may by regulations prescribe.
(3) On an application duly made under subsection (2) above the Secretary of State may either grant or refuse the application, as he thinks fit, but where he refuses the application he shall give the applicant notice in writing of the refusal.
(4) Where at any time it appears to the Secretary of State that the conduct of any voluntary home is not in accordance with regulations made or directions given under section 60 of this Act or is otherwise unsatisfactory, he may, after giving to the persons carrying on the home not less than twenty-eight days’ notice in writing of his proposal to do so, remove the home from the register.
(5) Any person who carries on a voluntary home in contravention of the provisions of subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.
(6) Where—
(a) a voluntary home is carried on in contravention of the provisions of subsection (1) above, or
(b) notice of a proposal to remove a voluntary home from the register is given under subsection (4) above,
the Secretary of State may, notwithstanding that the time for any appeal under section 58 of this Act has not expired or that such an appeal is pending, notify the local authority in whose area the home is situated and require them forthwith to remove from the home and receive into their care under section 2 of this Act all or any of the children for whom accommodation is being provided in the home; and the local authority shall comply with the requirement whether or not the circumstances of the children are such that they fall within paragraphs (a) to (c) of subsection (1) of that section and notwithstanding that any of the children may appear to the local authority to be over the age of seventeen.
For the purposes of carrying out the duty of the local authority under this subsection, any person authorised in that behalf by the local authority may enter any premises in which the home in question is being carried on.
(7) Where the Secretary of State registers a home under this section or removes a home from the register he shall notify the local authority in whose area the home is situated.
(8) Any notice under this section required to be given by the Secretary of State to the persons carrying on, or intending to carry on, a voluntary home may be given to those persons by being delivered personally to any one of them, or being sent by post in a registered letter to them or any one of them.
For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter enclosing a notice under this section to the persons carrying on a voluntary home or anyone of them shall be deemed to be properly addressed if it is addressed to them or him at the home.
(1) Where under section 57 of this Act application for the registration of a voluntary home is refused, or it is proposed to remove a voluntary home from the register, the persons intending to carry on or carrying on the home, as the case may be, may within fourteen days from the giving of the notice under subsection (3) or subsection (4) of that section appeal against the refusal or proposal; and where the appeal is brought against a proposal to remove a home from the register, the home shall not be removed therefrom before the determination of the appeal.
(2) An appeal under this section shall be brought by notice in writing addressed to the Secretary of State requiring him to refer the refusal or proposal to an appeal tribunal constituted in accordance with the provisions of Schedule 3 to this Act.
(3) On an appeal under this section the appeal tribunal may confirm the refusal or proposal of the Secretary of State or may direct that the home shall be registered or, as the case may be, shall not be removed from the register, and the Secretary of State shall comply with the direction.
(4) The Lord Chancellor may with the concurrence of the Lord President of the Council make rules as to the practice and procedure to be followed with respect to the constitution of appeal tribunals for the purposes of this section, as to the manner of making appeals to such tribunals, and as to proceedings before such tribunals and matters incidental or consequential on such proceedings; and without prejudice to the generality of the foregoing provisions of this subsection such rules may make provision as to the particulars to be supplied by or to the Secretary of State of matters relevant to the determination of the appeal and as to representation before such tribunals, whether by counsel or solicitor or otherwise.
(5) The Secretary of State may out of moneys provided by Parliament—
(a) pay to members of tribunals constituted for the purposes of this section such fees and allowances as he may with the consent of the Minister for the Civil Service determine;
(b) defray the expenses of such tribunals up to such amount as he may with the like consent determine.
(6) The provisions of the Arbitration Act 1950 shall not apply to any proceedings before a tribunal constituted for the purposes of this section except so far as any provisions thereof may be applied thereto with or without modifications by rules made under this section.
59 Notification of particulars with respect to voluntary homes.
(1) It shall be the duty of the person in charge of any voluntary home established after the commencement of this Act to send to the Secretary of State within three months from the establishment of the home such particulars with respect to the home as the Secretary of State may by regulations prescribe.
(2) It shall be the duty of the person in charge of any voluntary home (whether established before or after the commencement of this Act) to send to the Secretary of State—
(a) in the case of a home established before the commencement of this Act, in every year, or
(b) in the case of a home established after the commencement of this Act, in every year subsequent to the year in which particulars are sent under subsection (1) above,
by such date as the Secretary of State may by regulations prescribe, such particulars with respect to the home as may be so prescribed.
(3) Where the Secretary of State by regulations varies the particulars which are to be sent to him under subsection (1) or (2) above by the person in charge of a voluntary home—
(a) the person in charge of such a home shall send to the Secretary of State the prescribed particulars within three months from the date of the making of the regulations;
(b) where any such home was established before, but not more than three months before, the making of the regulations, compliance with paragraph (a) above shall be sufficient compliance with the requirement of subsection (1) above to send the prescribed particulars within three months from the establishment of the home;
(c) in the year in which the particulars are varied, compliance with paragraph (a) above by the person in charge of any voluntary home shall be sufficient compliance with the requirement of subsection (2) above to send the prescribed particulars before the prescribed date in that year.
(4) If default is made in sending the prescribed particulars with respect to any voluntary home in accordance with the requirements of this section, the person in charge of the home shall be guilty of an offence and liable on summary conviction to a fine not exceeding £25 and to a further fine not exceeding £1 in respect of each day during which the default continues after conviction.
(1) The Secretary of State may make regulations as to the conduct of voluntary homes and for securing the welfare of the children therein, and regulations under this section may in particular—
(a) impose requirements as to the accommodation and equipment to be provided in homes, authorise the Secretary of State to give directions prohibiting the provision for the children in any home of clothing of any description specified in the directions, and impose requirements as to the medical arrangements to be made for protecting the health of the children in the homes;
(b) require the furnishing to the Secretary of State of information as to the facilities provided for the parents and guardians of children in the homes to visit and communicate with the children and authorise the Secretary of State to give directions as to the provision of such facilities;
(c) authorise the Secretary of State to give directions limiting the number of children who may at any one time be accommodated in any particular home;
(d) provide for consultation with the Secretary of State as to applicants for appointment to the charge of a home and empower the Secretary of State to prohibit the appointment of any particular applicant therefor except in the cases (if any) in which the regulations dispense with such consultation by reason that the person to be appointed possesses such qualifications as may be prescribed by the regulations;
(e) require notice to be given to the Secretary of State of any change of the person in charge of a home; and
(f) impose requirements as to the facilities which are to be given for children to receive a religious upbringing appropriate to the persuasion to which they belong;
and may contain different provisions for different descriptions of cases and as respects different descriptions of homes.
(2) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes or fails to comply with the regulation or any requirement or direction thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.
61 Regulations as to the boarding out of children by voluntary organisations.
(1) The power conferred by Part III of this Act on the Secretary of State to make regulations as to the boarding out of children by local authorities shall extend also to the boarding out of children by voluntary organisations, subject to the modification that in the provisions of the said Part III conferring that power any reference to the supervision and inspection by a local authority of boarded out children and the premises in which they are boarded out shall, in relation to children boarded out by voluntary organisations, be deemed to be a reference to supervision and inspection either by a local authority or, where it is so provided by or under the regulations, by a voluntary organisation.
(2) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes or fails to comply with the regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
62 Regulations as to arrangements by voluntary organisations for emigration of children.
(1) The Secretary of State may by regulations control the making and carrying out by voluntary organisations of arrangements for the emigration of children.
(2) Any regulations made under this section may contain such consequential and incidental provisions as appear to the Secretary of State to be necessary or expedient, including, in particular, provisions for requiring information to be given to the Secretary of State as to the operations or intended operations of the organisation and for enabling the Secretary of State to be satisfied that suitable arrangements have been or will be made for the children’s reception and welfare in the country to which they are going.
(3) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes or fails to comply with the regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
63 Restriction on removal of child from care of voluntary organisation.
(1) Section 13(1) of this Act shall apply in relation to children who are not in the care of local authorities under section 2 of this Act but who are in voluntary homes or are boarded out, as it applies by virtue of subsection (2) of that section to children in the care of the local authority, except that in the case of a child who is not in the care of a local authority the references in subsection (2) of that section to a local authority shall be construed as references to the voluntary organisation in whose care the child is.
(2) For the purposes of this section a child is boarded out if he is boarded out, by the voluntary organisation in whose care he is, with foster parents to live in their home as a member of their family.
64 Transfer of parental rights and duties to voluntary organisations.
(1) Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body—
(a) that the child is not in the care of any local authority; and
(b) that a condition specified in section 3(1) of this Act is satisfied; and
(c) that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,
the authority may, subject to subsections (5) and (6) below, resolve that there shall vest in the organisation the parental rights and duties with respect to that child.
(2) While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.
(3) If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly in that other person and the organisation in whose care the child is.
(4) In determining for the purposes of subsection (1) above whether the condition specified in section 3(1)(b)(i) of this Act is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.
(5) A resolution under subsection (1) above may not be passed by a local authority in respect of any child unless—
(a) the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and
(b) that organisation has requested the authority to pass the resolution.
(6) The parental rights and duties which may vest in an organisation by virtue of this section do not include—
(a) the right to consent or refuse to consent to the making of an application under section 18 of the Adoption Act 1976 (orders freeing a child for adoption in England and Wales) or section 18 of the Adoption (Scotland) Act 1978 (orders freeing a child for adoption in Scotland) and
(b) the right to agree or refuse to agree to the making of an adoption order or an order under section 55 of the Adoption Act 1976 (orders in England and Wales authorising adoption abroad) or section 49 of the Adoption (Scotland) Act 1978 (orders in Scotland authorising adoption abroad),
and regulations made under section 62 of this Act shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.
(7) Section 5(2) of this Act shall apply in relation to a resolution under subsection (1) above as if it were a resolution under section 3 of this Act.
65 Duty of local authority to assume parental rights and duties.
(1) Where the parental rights and duties with respect to a child are by virtue of a resolution under section 64 of this Act vested in a voluntary organisation, then, if it appears to the local authority for the area in which the child is living that, having regard to the interests of the welfare of the child, it is necessary that the parental rights and duties should no longer be vested in the organisation, the local authority shall resolve that there shall vest in them the parental rights and duties relating to the child.
(2) The local authority shall within seven days of passing a resolution under subsection (1) above by notice in writing inform the organisation and each parent, guardian or custodian of the child whose whereabouts are known to them that the resolution has been passed.
(1) A resolution under subsection (1) of section 64 of this Act shall cease to have effect on the passing of a resolution under subsection (1) of section 65 of this Act.
(2) Section 8 of this Act shall have effect in relation to a resolution under subsection (1) of section 64 of this Act as it has effect in relation to a resolution under section 3 of this Act.
(3) A resolution under subsection (1) of section 65 of this Act shall be deemed to be a resolution under section 3 of this Act except that sections 3(2) to (7), 4(1) and 5(4) of this Act shall not apply.
(1) Subsections (2) to (7) of section 3 of this Act shall apply to a resolution under section 64 of this Act as they apply to a resolution under the said section 3, with the substitution for the reference in subsection (2) to the vesting of parental rights and duties in the local authority of a reference to the vesting of parental rights and duties in the voluntary organisation.
(2) An appeal may be made—
(a) where the complaint relates to a resolution under section 64 of this Act, by a person deprived of parental rights and duties by the resolution, or
(b) where the complaint relates to a resolution under section 65 of this Act, by a person who but for that resolution and an earlier resolution under section 64 would have parental rights and duties,
to a juvenile court having jurisdiction in the area of the authority which passed the resolution, on the ground that—
(i) there was no ground for the making of the resolution, or
(ii) that the resolution should in the interests of the child be determined.
(3) An appeal shall lie to the High Court against the decision of a juvenile court under this section.
(4) Section 7 of this Act shall apply in relation to proceedings under this section.
(1) It shall be the duty of local authorities from time to time to cause children in voluntary homes in their area, other than community homes, to be visited in the interests of the well-being of the children, and any person authorised in that behalf by a local authority may enter any such voluntary home in the area of the authority for the purpose of visiting the children in the home.
(2) Any person authorised in that behalf by a local authority may enter any voluntary home outside the area of the authority for the purpose of visiting children in the home who are in the care of the authority under section 2 of this Act or are for the time being committed to the care of the authority by a care order or by a warrant under section 23(1) of the Children and Young Persons Act 1969 (which relates to remands in the care of local authorities).
(3) Nothing in subsection (1) or (2) above shall apply to a voluntary home which, otherwise than by virtue of section 74 of this Act, is as a whole subject to inspection by or under the authority of a government department.
(4) A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.
(5) Any person who obstructs the exercise of any power of entry or inspection conferred by this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £25 or, in the case of a second or subsequent conviction, to a fine not exceeding £50.
69 After-care of children formerly in care of voluntary organisations.
(1) Where it comes to the knowledge of a local authority that there is in their area any child over compulsory school age who at the time when he ceased to be of that age or at any subsequent time was, but is no longer, in the care of a voluntary organisation, then, unless the authority are satisfied that the welfare of the child does not require it, they shall be under a duty so long as he has not attained the age of eighteen to advise and befriend him; but if the local authority are satisfied that the voluntary organisation have the necessary facilities for advising and befriending the child, the local authority may make arrangements whereby, while the arrangements continue in force, he shall be advised and befriended by the voluntary organisation instead of by the local authority.
(2) Where a child over compulsory school age ceases to be in the care of a voluntary organisation, the organisation shall inform the local authority for the area in which the child proposes to reside.
(3) Where it comes to the knowledge of a local authority or a voluntary organisation that a child whom they have been advising and befriending in pursuance of this section proposes to transfer or has transferred his residence to the area of another local authority, the first mentioned local authority or, as the case may be, the voluntary organisation shall inform that other local authority.
70 Returns of information by voluntary organisations.
Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the children who are accommodated and maintained in voluntary homes provided by the organisation or who have been boarded out by the organisation.
(1) There shall continue to be a council, to be known as the Advisory Council on Child Care, for the purpose of advising the Secretary of State on matters connected with the discharge of his functions in England and Wales under—
(a) this Act,
(b) the Children and Young Persons Acts 1933 to 1969,
(c) the Children Act 1975, and
(d) the Adoption Act 1976.
(2) The Advisory Council on Child Care shall consist of such persons, to be appointed by the Secretary of State, as the Secretary of State may think fit, being persons specially qualified to deal with matters affecting the welfare of children and persons having such other qualifications as the Secretary of State considers requisite.
Among the persons appointed under this subsection there shall be persons having experience in local government.
(3) The Secretary of State shall appoint a person to be chairman, and a person to be the secretary, of the Advisory Council on Child Care.
(4) It shall be the duty of the Advisory Council on Child Care to advise the Secretary of State on any matter which the Secretary of State may refer to them, being such a matter as is mentioned in subsection (1) above, and they may also, of their own motion, make representations to the Secretary of State as respects any such matter as is mentioned in that subsection.
(5) The Secretary of State may make out of moneys provided by Parliament such payments to the members of the Advisory Council on Child Care in respect of travelling, subsistence and other expenses as he may with the consent of the Minister for the Civil Service determine.
72 Accommodation of persons over school age in convenient community home.
A local authority may provide accommodation in a community home for any person who is over compulsory school age but has not attained the age of twenty-one if the community home is provided for children who are over compulsory school age and is near the place where that person is employed or seeking employment or receiving education or training.
(1) Local authorities shall make provision in community homes provided by them or in controlled community homes for the reception and maintenance of—
(a) children removed to a place of safety under the Children and Young Persons Act 1933, sections 2(5), 16(3) or 28 of the Children and Young Persons Act 1969, section 34 of the Adoption Act 1976, or section 12 of the Foster Children Act 1980, and
(b) children detained by them in pursuance of arrangements under section 29(3) of the Children and Young Persons Act 1969.
(2) Where under any of the enactments mentioned in subsection (1) above a child is removed to a place of safety, not being a community home provided by a local authority or a controlled community home and not being a hospital vested in the Secretary of State, the expenses of the child’s maintenance there shall be recoverable from the local authority within whose area the child was immediately before his removal.
74 Inspection of children’s homes etc. by persons authorised by Secretary of State.
(1) Subject to subsection (2) below, the Secretary of State may cause to be inspected from time to time—
(a) any community home provided by a local authority under section 34 of this Act;
(b) any voluntary home (whether a community home or not);
(c) any premises in which a child is living with a person (other than his parent, guardian, relative or custodian) with whom he has been placed by an adoption agency within the meaning of section 1 of the Adoption Act 1976;
(d) any other premises at which one or more children in the care of a local authority are being accommodated and maintained;
(e) any other premises at which one or more children are being boarded out by a voluntary organisation, and
(f) any other premises where a protected child within the meaning of Part III of the Adoption Act 1976 or a foster child within the meaning of the Foster Children Act 1980, or a child to whom any of the provisions of the said Act of 1980 are extended by section 17 or 18 thereof, is being accommodated or maintained.
(2) Subsection (1) above does not apply to any home or other premises which is as a whole subject to inspection by or under the authority of a government department.
(3) An inspection under this section shall be conducted by a person authorised in that behalf by the Secretary of State, but an officer of a local authority shall not be so authorised except with the consent of that authority.
(4) Any person inspecting a home or other premises under this section may inspect the children therein and make such examination into the state and managment of the home or other premises and the treatment of children therein as he thinks fit.
(1) A person authorised to inspect any home or other premises under section 74 of this Act shall have a right to enter the home or other premises for that purpose and for any other purpose specified in subsection (4) of that section, but shall if so required produce some duly authenticated document showing his authority to exercise the power of entry conferred by this subsection.
(2) A person who obstructs the exercise by a person authorised as mentioned in subsection (1) above of a power of entry conferred thereby shall be guilty of an offence and liable on summary conviction to a fine not exceeding £5 or, in the case of a second or subsequent conviction, to a fine not exceeding £20.
(3) A refusal to allow any such person as is mentioned in subsection (1) above to enter any such home or other premises as are mentioned in section 74(1) of this Act shall be deemed, for the purposes of section 40 of the Children and Young Persons Act 1933 (which relates to search warrants), to be a reasonable cause to suspect that a child in the home or other premises is being neglected in a manner likely to cause him unnecessary suffering or injury to health.
(1) The Secretary of State may cause an inquiry to be held into any matter relating to—
(a) the functions of the social services committee of a local authority, in so far as those functions relate to children;
(b) the functions of an adoption agency within the meaning of section 1 of the Adoption Act 1976;
(c) the functions of a voluntary organisation in so far as those functions relate to voluntary homes;
(d) a home maintained by the Secretary of State for the accommodation of children who are in the care of local authorities and are in need of the particular facilities and services provided in the home;
(e) the detention of a child under section 53 of the Children and Young Persons Act 1933.
(2) The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given, the person holding the inquiry may if he thinks fit hold it or any part of it in private.
(3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
(4) In this section—
“functions” includes powers and duties which a person has otherwise than by virtue of any enactment;
“voluntary home” means a home or other institution for the boarding, care and maintenance of poor children which is supported wholly or partly by voluntary contributions, but does not include a mental nursing home within the meaning of the Nursing Homes Act 1975 or a residential home for mentally disordered persons within the meaning of the Residential Homes Act 1980.
(1) The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities under—
(a) this Act,
(b) the Children and Young Person Acts 1933 to 1969, or
(c) the Foster Children Act 1980,
or any matter connected with the adoption of children.
(2) Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions under the enactments mentioned in subsection (1) above or their functions connected with the adoption of children.
(3) Any expenses incurred by the Secretary of State under this section shall be defrayed out of moneys provided by Parliament.
(1) The Secretary of State with the consent of the Treasury may out of moneys provided by Parliament defray or contribute towards any fees or expenses incurred by persons undergoing training approved by the Secretary of State with a view to, or in the course of, their employment for the purposes of any of the enactments specified in subsection (2) below, or their employment by a voluntary organisation for similar purposes, and may defray or contribute towards the cost of maintenance of persons undergoing such training.
(2) The enactments referred to in subsection (1) above are—
(a) this Act,
(b) Parts III and IV of the Children and Young Persons Act 1933,
(c) the Children and Young Persons Act 1963, except Part II and section 56,
(d) the Children and Young Persons Act 1969,
(e) section 7(4) of the Family Law Reform Act 1969, section 44 of the Matrimonial Causes Act 1973 and section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978,
(f) the Adoption Act 1976,
(g) the Foster Children Act 1980.
79 Returns of information and presentation of reports etc. to Parliament.
(1) Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars as he may require—
(a) with respect to the performance by the local authority of all or any of their functions under the enactments mentioned in subsection (5) below; and
(b) with respect to the children in relation to whom the authority have exercised those functions.
(2) The clerk of each juvenile court shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the proceedings of the court.
(3) The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (1) and (2) above and under section 70 of this Act.
(4) The Secretary of State shall lay before Parliament in 1982 and in every third subsequent year a report with respect to the exercise by local authorities of their functions under the enactments mentioned in subsection (5) below, the provision by voluntary organisations of facilities for children and such other matters relating to children as he thinks fit.
(5) The enactments referred to in subsections (1) and (4) above are—
(a) this Act,
(b) Parts III and IV of the Children and Young Persons Act 1933,
(c) section 9 of the Mental Health Act 1959 and section 10 of that Act so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section,
(d) section 10 of the Mental Health (Scotland) Act 1960 so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section,
(e) the Children and Young Persons Act 1963, except Part II and section 56,
(f) the Children and Young Persons Act 1969,
(g) section 7(4) of the Family Law Reform Act 1969, section 44 of the Matrimonial Causes Act 1973 and section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978,
(h) the Adoption Act 1976,
(i) the Foster Children Act 1980.