Part IIIE+W+S Local Authority Support for Children and Families

Secure accommodationE+W+S

30 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 [F1determining authority].

[F2(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)Where the functions conferred on a local authority by this Part and the functions of a local education authority are concurrent, the Secretary of State may by regulations provide by which authority the functions are to be exercised.

(4)The [F3appropriate national authority] may make regulations for determining, as respects any local education authority 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

Commencement Information

I1S. 30 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)