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SCHEDULE 2Savings and transitional provisions in relation to looked after and accommodated children

Transitional provision in relation to children provided with accommodation under section 20 of the 1989 Act

3.—(1) This sub-paragraph applies where, immediately before the relevant day a child is looked after by a local authority and is being provided with accommodation by that authority under section 20 of the 1989 Act.

(2) A child to whom sub-paragraph (1) applies will, on and after the relevant day, be treated for the purposes of the Act as a child who is looked after by a local authority under Part 6 of the Act and who is provided with accommodation by that authority under section 76 of the Act (but will cease to be so treated once he or she ceases to be provided with accommodation under section 76).

(3) Where, immediately before the relevant day, a local authority had made arrangements for a child to whom sub-paragraph (1) applies to live—

(a)with a person who is a parent of the child,

(b)with a person who is not a parent of the child but who has parental responsibility for the child,

(c)with a local authority foster parent,

(d)in a children’s home,

(e)in secure accommodation within the meaning of section 25 of the 1989 Act, or

(f)in any other accommodation arranged by the local authority which does not fall within the description in paragraphs (a) to (e),

on and after that day Part 6 of the Act applies as if those arrangements were made in accordance with that Part.