Children Act 1989

[F1 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 [F2Secretary of State] [F3but see subsection (2C)].

F4( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4( 2B ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(2C)Any question arising as to whether a child is ordinarily resident—

(a)in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or

(b)in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,

shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.]

[F5(2D)The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).]

(3)F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The [F7Secretary of State] may make regulations for determining, as respects any [F8education] 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.]