Health and Social Services and Social Security Adjudications Act 1983

4 Abolition of regional plans for accommodation for children

(1) The following section shall be substituted for sections 31 to 34 of the [1980 c. 5.] Child Care Act 1980—

“31 Arrangements for provision of homes for children.

(1) A local authority shall make such arrangements as they consider appropriate for securing that homes (in this Act referred to as "community homes") are available for the accommodation and maintenance of children in their care and for purposes connected with the welfare of children, whether in their care or not and, without prejudice to section 101(5) of the [1972 c. 70.] Local Government Act 1972, may do so jointly with one or more other local authorities.

(2) In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation of different descriptions and suitable for different purposes and the requirements of different descriptions of children.

(3) A community home may be—

(a) a home provided, managed, equipped and maintained by a local authority ; or

(b) a home provided by a voluntary organisation but in respect of which a local authority and the voluntary organisation propose that, in accordance with an instrument of management, the management, equipment and maintenance of the home shall be the responsibility either of the local authority or of the voluntary organisation.

(4) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home.

(5) Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home.”.

(2) A voluntary home designated as a controlled or assisted community home in accordance with a regional plan approved by the Secretary of State under the [1980 c. 5.] Child Care Act 1980 shall be deemed to have been designated as such a home by the local authority named in the instrument of management made for the home under section 35 of that Act.