Part III Local Authority Services

43 Introductory.

(1)

This section has effect for the purposes of this Part.

(2)

Relevant functions”, in relation to a local authority, means relevant adoption functions and relevant fostering functions.

(3)

In relation to a local authority—

(a)

relevant adoption functions” means functions under F1the Adoption and Children Act 2002 of making or participating in arrangements for the adoption of children F2or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002); and

F3(b)

relevant fostering functions” means functions under section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F.

44 General powers of the Commission.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45 Inspection by registration authority of adoption and fostering services.

(1)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46 Inspections: supplementary.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47 Action following inspection.

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 Regulation of the exercise of relevant fostering functions.

(1)

Regulations may make provision about the exercise by local authorities of relevant fostering functions, and may in particular make provision—

(a)

as to the persons who are fit to work for local authorities in connection with the exercise of such functions;

(b)

as to the fitness of premises to be used by local authorities in their exercise of such functions;

(c)

as to the management and control of the operations of local authorities in their exercise of such functions;

(d)

as to the numbers of persons, or persons of any particular type, working for local authorities in connection with the exercise of such functions;

(e)

as to the management and training of such persons;

F9(f)

as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions.

(2)

Regulations under subsection (1)(a) may, in particular, make provision for prohibiting persons from working for local authorities in such positions as may be prescribed unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).

49 National minimum standards.

(1)

Subsections (1), (2) and (3) of section 23 shall apply to local authorities in their exercise of relevant functions as they apply to establishments and agencies.

(2)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50 Annual returns.

(1)

Regulations may require a local authority to make to the registration authority an annual return containing such information with respect to the exercise by the local authority of relevant functions as may be prescribed.

(2)

Provision may be made by the regulations as to the period in respect of which and date by which the return is to be made.

51 Annual fee.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Contravention of regulations.

(1)

Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

(2)

A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

53 Offences: general provisions.

Sections 29 and 30 apply in relation to this Part as they apply in relation to Part II.