Children Act 1989

21 Provision of accommodation for children in police protection or detention or on remand, etc. E+W

(1) Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.

(2) Every local authority shall receive, and provide accommodation for, children—

(a) in police protection whom they are requested to receive under section 46(3)(f);

(b) whom they are requested to receive under section 38(6) of the M1 Police and Criminal Evidence Act 1984;

(c) who are—

(i) on remand under [F1 paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or section] 23(1) of the M2 Children and Young Persons Act 1969; or

(ii) the subject of a supervision order imposing a [F2 local authority residence requirement under paragraph 5 of Schedule 6 to that Act of 2000][F3 or a foster parent residence requirement under paragraph 5A of that Schedule] ,

and with respect to whom they are the designated authority.

(3) Where a child has been—

(a) removed under Part V; or

(b) detained under section 38 of the Police and Criminal Evidence Act 1984,

and he is not being provided with accommodation by a local authority or in a hospital vested in the Secretary of State [F4 or a Primary Care Trust,][F5 or otherwise made available pursuant to arrangements made by a [F6 [F7 Local Health Board]]][ or a Primary Care Trust], any reasonable expenses of accommodating him shall be recoverable from the local authority in whose area he is ordinarily resident.

Textual Amendments

F1 Words in s. 21(2)(c)(i) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 126(a)

F2 Words in s. 21(2)(c)(ii) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 126(b)

F3 Words in s. 21(2)(c)(ii) inserted (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 88, Sch. 2 para. 5; S.I. 2004/2168, art. 2(a)(ii)(iii)

F4 Words in s. 21(3) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch.1 para. 24(3)(a)(b)

F5 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(1)

F6 Words in s. 21(3) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(3) (with Sch. 2 para. 6)

F7 Words in s. 21(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(a)}

Commencement Information

I1 S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1984 c. 60.

M2 1969 c. 54.