Children Act 2004

50 Intervention

(1) Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of a local education authority’s functions) applies in relation to—

(a) the relevant functions of a children’s services authority in England, and

(b) the relevant functions of a children’s services authority in Wales,

as it applies in relation to the functions of a local education authority referred to in subsection (1) of that section.

(2) For the purposes of this section, the relevant functions of a children’s services authority in England or Wales are—

(a) functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;

(b) the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (so far as not falling within paragraph (a)); and

(c) the functions conferred on the authority under sections 10, 12 and 17 above (in the case of a children’s services authority in England) or under sections 25, 26 and 29 above (in the case of a children’s services authority in Wales).

(3) In subsection (2)(a) “social services functions” has the same meaning as in the the Local Authority Social Services Act 1970 (c. 42).

(4) Sections 497AA and 497B of the Education Act 1996 apply accordingly where powers under section 497A of that Act are exercised in relation to any of the relevant functions of a children’s services authority in England or Wales.

(5) In the application of sections 497A(2) to (7), 497AA and 497B of that Act in relation to the relevant functions of a children’s services authority in England or Wales, references to the local education authority are to be read as references to the children’s services authority in England or Wales.

(6) In subsection (5) of section 497A of that Act, the reference to functions to which that section applies includes (for all purposes) relevant functions of a children’s services authority in England or Wales.