Children and Young Persons Act 1969

10 (1) The provisions of this paragraph apply where in a regional plan approved by the Secretary of State, the whole or any part of the premises of an approved institution to which a section 46 order relates is designated as a controlled or assisted community home and an instrument of management for a community home which consists of or includes the premises so designated has come into force; and in this paragraph “the former approved institution”, in relation to such a community home, means the approved institution the whole or part of the premises of which are comprised in that home. E+W

(2) Where this paragraph applies and the community home concerned is a controlled community home, then—

(a) the Secretary of State may, by the section 46 order, make such provision as he considers appropriate for the transfer to the responsible authority of any rights, liabilities and obligations which, immediately before the specified date, were rights, liabilities and obligations of the managers of, or the society or person carrying on, the former approved institution; and

(b) except in so far as the section 46 order otherwise provides, any legal proceedings pending immediately before the specified date by or against those managers or that society or person shall be continued on and after that date, with the substitution of the responsible authority for those managers or that society or person as a party to the proceedings.

(3) Where this paragraph applies and the community home concerned is an assisted community home but the responsible organisation does not consist of the persons who were the managers of or, as the case may be, is not the society or person who carried on, the former approved institution, paragraphs (a) and (b) of sub-paragraph (2) of this paragraph shall apply with the substitution for any reference to the responsible authority of a reference to the responsible organisation.

(4) If any liabilities of a voluntary organisation which is the responsible organisation in relation to an assisted community home falling within sub-paragraph (1) of this paragraph were incurred by the organisation before the specified date or were transferred to the organisation by the section 46 order (by virtue of sub-paragraph (3) of this paragraph) and, in either case, had the former approved institution continued to be an approved institution, any expenditure incurred in meeting those liabilities would have been eligible for a grant out of moneys provided by Parliament—

(a) under section 104(1)(a) of the Act of 1933 as the expenses of the managers of an approved school, or

(b) under section 77(3)(b) of the M1 Criminal Justice Act 1948 [F1 or under section 51(3)(c) of the M2 Powers of Criminal Courts Act 1973][F2 or under section 20 of the Probation Service Act 1993][F3 or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000] [F4 or under sections 3, 6 or 13 of the Offender Management Act 2007] as expenditure falling within that section and relating to an approved probation hostel or home,

then any expenditure incurred after the specified date by the responsible organisation in meeting those liabilities shall be deemed for the purposes of section 65(1) of this Act to be expenditure incurred by the responsible organisation in connection with the assisted community home in question.

Textual Amendments

F1 Words inserted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 38(c)

F2 Words in Sch. 3 para. 10(4) inserted (5.2.1994) by 1993 c. 47, ss. 32, 33, Sch. 3 para. 3(4)(c).

F3 Words in s. 10(4)(b) inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 43(4); S.I. 2001/919, art. 2(f)(ii)

F4 Words in Sch. 3 para. 10(4)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 3(3)(d)

Marginal Citations

M1 1948 c. 58(39:1).

M2 1973 c. 62(39:1).