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Children Act 1989

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Point in time view as at 01/12/2017.

Changes to legislation:

Children Act 1989, Cross Heading: Independent reviewing officers is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Independent reviewing officersE+W

Textual Amendments

F1Ss. 25A, 25B and cross-heading inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., and and 1.4.2011 otherwise for E.) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44; S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5)

F225AAppointment of independent reviewing officerE+W

(1)If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.

(2)The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.

(3)If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4)An appointee must be of a description prescribed in regulations made by the [F3Secretary of State].

Textual Amendments

F2S. 25A, 25B and crossheading inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44(4); S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5); S.I. 2016/452, art. 2(c)

F225BFunctions of the independent reviewing officerE+W

(1)The independent reviewing officer must—

(a)monitor the performance by the local authority of their functions in relation to the child's case;

(b)participate, in accordance with regulations made by the [F4Secretary of State], in any review of the child's case;

(c)ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d)perform any other function which is prescribed in regulations made by the [F5Secretary of State].

(2)An independent reviewing officer's functions must be performed—

(a)in such manner (if any) as may be prescribed in regulations made by the [F6Secretary of State]; and

(b)having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3)If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—

(a) an officer of the Children and Family Court Advisory and Support Service; F7 ...

F7( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a)to co-operate with that individual; and

(b)to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

Textual Amendments

F2S. 25A, 25B and crossheading inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44(4); S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5); S.I. 2016/452, art. 2(c)

[F825CReferred casesE+W

(1)In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—

(a)extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

(b)require any functions of the officers to be performed in the manner prescribed by the regulations.

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

26 Review of cases and inquiries into representations.E+W

(1)The [F10Secretary of State] may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.

(2)The regulations may, in particular, make provision—

(a)as to the manner in which each case is to be reviewed;

(b)as to the considerations to which the local authority are to have regard in reviewing each case;

(c)as to the time when each case is first to be reviewed and the frequency of subsequent reviews;

(d)requiring the authority, before conducting any review, to seek the views of—

(i)the child;

(ii)his parents;

(iii)any person who is not a parent of his but who has parental responsibility for him; and

(iv)any other person whose views the authority consider to be relevant,

including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

(e) requiring the authority F11 . . . , in the case of a child who is in their care

[F12(i)to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,

(ii)to consider], whether an application should be made to discharge the care order;

(f) requiring the authority F13 . . . , in the case of a child in accommodation provided by the authority

[F14(i)if there is no plan for the future care of the child, to prepare one,

(ii)if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,

(iii)to consider], whether the accommodation accords with the requirements of this Part;

(g)requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;

(h)requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;

(i)requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—

(i)the child;

(ii)his parents;

(iii)any person who is not a parent of his but who has parental responsibility for him; and

(iv)any other person whom they consider ought to be notified;

(j)requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.

F15( k ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16( 2C ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16( 2D ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by—

(a)any child who is being looked after by them or who is not being looked after by them but is in need;

(b)a parent of his;

(c)any person who is not a parent of his but who has parental responsibility for him;

(d)any local authority foster parent;

(e)such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,

about the discharge by the authority of any of their [F17qualifying functions ]in relation to the child.

[F18(3A)The following are qualifying functions for the purposes of subsection (3)—

(a)functions under this Part,

(b)such functions under Part 4 or 5 as are specified by the [F19Secretary of State] in regulations.

(3B)The duty under subsection (3) extends to representations (including complaints) made to the authority by—

(a)any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,

(b)such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,

about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the [F20Secretary of State] in regulations.]

[F21(3C)The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—

(a)a child with respect to whom a special guardianship order is in force,

(b)a special guardian or a parent of such a child,

(c)any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or

(d)any person who has applied for an assessment under section 14F(3) or (4),

about the discharge by the authority of such functions under section 14F as may be specified by the [F22Secretary of State] in regulations.]

(4)The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in—

(a)the consideration; and

(b)any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration

[F23but this subsection is subject to subsection (5A).]

[F24(4A)Regulations may be made by the [F25Secretary of State] imposing time limits on the making of representations under this section.]

(5)In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the [F26Secretary of State] for the purpose of regulating the procedure to be followed.

[F27(5A)Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.]

(6)The [F28Secretary of State] may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).

(7)Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—

(a)have due regard to the findings of those considering the representation; and

(b)take such steps as are reasonably practicable to notify (in writing)—

(i)the person making the representation;

(ii)the child (if the authority consider that he has sufficient understanding); and

(iii)such other persons (if any) as appear to the authority to be likely to be affected,

of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.

(8)Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.

Textual Amendments

F11Words in s. 26(2)(e) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)

F12Words in s. 26(2)(e) inserted (21.5.2004) by 2002 c. 38, ss. 118(1)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2

F13Words in s. 26(2)(f) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)

F14Words in s. 26(2)(f) inserted (21.5.2004) by 2002 c. 38, ss. 118(1)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2

F15S. 26(2)(k) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(3)(a), 44(4), Sch. 4; S.I. 2010/2981, art. 4(c)(l) (with art. 5); S.I. 2016/452, art. 2(c) (with art. 3)

F16S. 26(2A)-(2D) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(3)(b), 44(4), Sch. 4; S.I. 2010/2981, art. 4(c)(l) (with art. 5); S.I. 2016/452, art. 2(c) (with art. 3)

F17Words in s. 26(3) substituted (30.12.2005) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F18S. 26(3A)(3B) inserted (7.12.2004 for specified purposes and otherwise 30.12.2005) by 2002 c. 38, ss. 117(4), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi); S.I. 2005/2213, art. 2(k)

F23Words in s. 26(4) inserted (30.12.2005 ) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F24S. 26(4A) inserted (7.12.2004) by 2002 c. 38, ss. 117(6), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi)

F27S. 26(5A) inserted (30.12.2005) by 2002 c. 38, ss. 117(7), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

Commencement Information

I1S. 26 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F2926ZARepresentations: further considerationE+W

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F29S. 26ZA inserted (20.11.2003 for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 116(1), 199

F31 26ZB Representations: further consideration (Wales)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F3226A Advocacy servicesE+W

(1)Every local authority shall make arrangements for the provision of assistance to—

(a)persons who make or intend to make representations under section 24D; and

(b)children who make or intend to make representations under section 26.

(2)The assistance provided under the arrangements shall include assistance by way of representation.

F33( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The arrangements—

(a)shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the [F34Secretary of State]; and

(b)shall comply with any other provision made by the regulations in relation to the arrangements.

(4)The [F35Secretary of State] may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).

(5)Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.]

Textual Amendments

F32S. 26A inserted (30.1.2004 for certain purposes and otherwise 1.4.2004) by 2002 c. 38, ss. 119, 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(3)(4)(b)

27 Co-operation between authorities.E+W

(1) Where it appears to a local authority that any authority F36 . . . mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority F36 . . . specifying the action in question.

(2)An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.

(3)The [F37authorities] are—

(a)any local authority;

F38(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any local housing authority;

[F39(ca)the National Health Service Commissioning Board;]

(d) any [F40clinical commissioning group,] [F41[F42Local Health Board], Special Health Authority] F43 ... [F44, National Health Service trust or NHS foundation trust];

[F45(da)any local authority in Wales]; and

(e)any person authorised by the [F46Secretary of State] for the purposes of this section.

[F47(3A)The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.]

F48(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Words in s. 27(3)(d) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(5)(with Sch. 2, para. 6)

F42Words in s. 27(3)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(d)}

F43Words in s. 27(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I2S. 27 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

28 Consultation with local education authorities.E+W

F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3S. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

29 Recoupment of cost of providing services etc. E+W

(1)Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.

(2)Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.

(3)No person shall be liable to pay any charge under subsection (1) [F50for a service provided under section 17 or section 18(1) or (5)] at any time when he is in receipt [F51of universal credit (except in such circumstances as may be prescribed),] of income support [F52under][F53Part VII of the Social Security Contributions and Benefits Act 1992] [F54, of any element of child tax credit other than the family element, of working tax credit] [F55, of an income-based jobseeker's allowance or of an income-related employment and support allowance].

[F56(3A)No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt [F51of universal credit (except in such circumstances as may be prescribed),] of income support under Part VII of the Social Security Contributions and Benefits Act 1992 [F55, of an income-based jobseeker's allowance or of an income-related employment and support allowance].]

[F57(3B)No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—

(a)he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or

(b)he is a member of a [F58couple] (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.]

(4)The persons are—

(a)where the service is provided for a child under sixteen, each of his parents;

(b)where it is provided for a child who has reached the age of sixteen, the child himself; and

(c)where it is provided for a member of the child’s family, that member.

(5)Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

(6) Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the M1 Child Care Act 1980.

(7)Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority [F59or the area of a local authority in Wales], they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(8)Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority [F60or the area of a local authority in Wales] and they are not maintaining him in—

(a)a community home provided by them;

(b)a controlled community home; or

(c)a hospital vested in the [F61Secretary of State or] [F62, the Welsh Ministers]F63... [F64or any other hospital made available pursuant to arrangements made by [F65the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by] F66..., a [F67Local Health Board]F63...,],

they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(9)[F68Except where subsection (10) [F69or subsection (11)] applies,] Where a local authority comply with any request under section 27(2) [F70or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information)] in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority [F71or a local authority in Wales] in whose area the child or person is ordinarily resident any [F72reasonable expenses] incurred by them in respect of that person.

[F73(10) Where a local authority (“ authority A ”) comply with any request under section 27(2) from another local authority (“ authority B ”) in relation to a child or other person—

(a)whose responsible authority is authority B for the purposes of section 23B or 23C; or

(b)whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),

authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.]

[F74(11)Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.]

Textual Amendments

F50Words in s. 29(3) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2

F52Words in s. 29(3) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F54Words in s. 29(3) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F55Words in s. 29(3)(3A) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, {Sch, 3 para. 6(4)}; S.I. 2008/787, art. 2(4)(f)

F56S. 29(3A) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2

F57S. 29(3B) inserted (2.7.2002 for certain purposes, otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 para. 30; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)

F62Words in s. 29(8)(c) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 20

F63Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F66Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F67Words in s. 29(8)(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(e)}

F68Words in s. 29(9) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(a); S.I. 2001/2191, art. 2; 2001/2878, art. 2

F73S. 29(10) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

Commencement Information

I4S. 29 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

30 Miscellaneous.E+W

(1)Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.

(2)Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the [F75Secretary of State] [F76but see subsection (2C)].

F77( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77( 2B ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F78(2C)Any question arising as to whether a child is ordinarily resident—

(a)in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or

(b)in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,

shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.]

[F78(2D)The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).]

(3)F79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The [F80Secretary of State] may make regulations for determining, as respects any [F81education] functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.]

Textual Amendments

Commencement Information

I5S. 30 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F82 30A Meaning of appropriate national authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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