Children Act 1989

Application for registration E+W

1 (1) An application for the registration of a children’s home shall be made—

(a) by the person carrying on, or intending to carry on, the home; and

(b) to the local authority for the area in which the home is, or is to be, situated.

(2) The application shall be made in the prescribed manner and shall be accompanied by—

(a) such particulars as may be prescribed; and

(b) such reasonable fee as the local authority may determine.

(3) In this Schedule “prescribed” means prescribed by regulations made by the Secretary of State.

(4) If a local authority are satisfied that a children’s home with respect to which an application has been made in accordance with this Schedule complies or (as the case may be) will comply—

(a) with such requirements as may be prescribed, and

(b) with such other requirements (if any) as appear to them to be appropriate,

they shall grant the application, either unconditionally or subject to conditions imposed under paragraph 2.

(5) Before deciding whether or not to grant an application a local authority shall comply with any prescribed requirements.

(6) Regulations made for the purposes of sub-paragraph (5) may, in particular, make provision as to the inspection of the home in question.

(7) Where an application is granted, the authority shall notify the applicant that the home has been registered under this Act as from such date as may be specified in the notice.

(8) If the authority are not satisfied as mentioned in sub-paragraph (4), they shall refuse the application.

(9) For the purposes of this Act, an application which has not been granted or refused within the period of twelve months beginning with the date when it is served on the authority shall be deemed to have been refused by them, and the applicant shall be deemed to have been notified of their refusal at the end of that period.

(10) Where a school to which section 63(1) applies is registered it shall not cease to be a registered children’s home by reason only of a subsequent change in the number of children for whom it provides accommodation.

Modifications etc. (not altering text)

C1 Sch. 6 Pt. I para. 1(9) excluded (temp.) by S.I. 2000/2795, art. 3(4)

Commencement Information

I1 Sch. 6 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)