Children Act 1989

[F1 23A The responsible authority and relevant children. E+W

(1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.

( 2 ) In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—

(a) is not being looked after [F2 by any local authority in England or by any local authority in Wales];

(b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and

(c) is aged sixteen or seventeen.

(3) The [F3 Secretary of State] may prescribe—

(a) additional categories of relevant children; and

(b) categories of children who are not to be relevant children despite falling within subsection (2).

(4) In subsection (1) the “ responsible local authority ” is the one which last looked after the child.

(5) If under subsection (3)(a) the [F4 Secretary of State] prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), [F5 the [F4 Secretary of State]] may in the regulations also provide for which local authority is to be the responsible local authority for those children.]

Textual Amendments

F1 Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F2 Words in s. 23A(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(a)

F3 Words in s. 23A(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(b)

F4 Words in s. 23A(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(c)

F5 Words in s. 23A(5) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 8(3)(b)

Modifications etc. (not altering text)

C1 S. 23A(2) modified (W.) (1.10.2001) by S.I. 2001/2189, reg. 4(4)(5) (as amended (1.8.2002) by S.I. 2002/1855, reg. 2(b)(i))