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Children Act 1989
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Children Act 1989, Section 30 is up to date with all changes known to be in force on or before 15 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.
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[F130 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 [F2determining authority].
[F3(2A)For the purposes of subsection (2) “the determining authority” is—
(a)in a case where all the local authorities concerned are in Wales, the Welsh Ministers;
(b)in any other case, the Secretary of State.
(2B)In a case where—
(a)the determining authority is the Secretary of State, and
(b)one or more of the local authorities concerned are in Wales,
the Secretary of State must consult the Welsh Ministers before making a determination for the purposes of subsection (2).]
(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The [F5appropriate national authority] may make regulations for determining, as respects any [F6education] 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
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)
F2Words in s. 30(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 21(2)
F3Words in s. 30(2A)(2B) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 21(3)
F4S. 30(3) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(6)(a), Sch. 3 Pt. 2
F5Words in s. 30(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 21(4)
F6Words in s. 30(4) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(6)(b)
Commencement Information
I1S. 30 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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