Part VIIE+W Voluntary Homes and Voluntary Organisations

59` Provision of accommodation by voluntary organisations.E+W

(1)Where a voluntary organisation provide accommodation for a child, they shall do so by—

(a)placing him (subject to subsection (2)) with —

(i)a family;

(ii)a relative of his; or

(iii)any other suitable person,

on such terms as to payment by the organisation and otherwise as the organisation may determine [F1(subject to section 49 of the Children Act 2004)];

[F2(aa)maintaining him in [F3“a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000] ;]

(f)making such other arrangements (subject to subsection (3)) as seem appropriate to them.

[F4(1A)Where under subsection (1)(aa) a [F5“voluntary organisation] maintains a child in a home provided, equipped and maintained by [F6an appropriate national authority] under section 82(5), it shall do so on such terms as [F7that national authority] may from time to time determine.]

(2)The [F8appropriate national authority] may make regulations as to the placing of children with foster parents by voluntary organisations [F9and the regulations may, in particular, make provision which (with any necessary modifications) is similar to the provision that may be made under section 23(2)(a)] .

(3)The [F10appropriate national authority] may make regulations as to the arrangements which may be made under subsection (1)(f) F9. . . .

[F11(3A)Regulations under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.]

(4)The [F12appropriate national authority] may make regulations requiring any voluntary organisation who are providing accommodation for a child—

(a)to review his case; and

(b)to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,

in accordance with the provisions of the regulations.

[F13(5A)Regulations under subsection (4) may, in particular—

(a)apply with modifications any provision of section 25A or 25B;

(b)make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.]

(6)Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

[F14(7)In this Part “appropriate national authority” means—

(a)in relation to England, the Secretary of State; and

(b)in relation to Wales, the Welsh Ministers.]

Textual Amendments

F1Words in s. 59(1)(a) inserted (15.1.2005) by Children Act 2004 (c. 34), ss. 49(4), 67(7)(d)

F2S. 59(1)(aa) substituted for s. 59(1)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F4S. 59(1A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F5Words in s. 59(1A) substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 2(3); S.I. 2010/2981, art. 4(a)

F6Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(a)

F7Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(b)

F8Words in s. 59(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(3)

F10Words in s. 59(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(4)

F12Words in s. 59(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(5)

F13S. 59(5A) substituted (15.11.2010 for E., otherwise prosp.) for s. 59(5) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 2(7); S.I. 2010/2714, art. 2(a)

Commencement Information

I1S. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)