5. Despite the coming into force of section 10(3) of the Act in accordance with article 4(c) and the associated repeal in Schedule 4 of the Act in accordance with article 4(l), section 26 of the 1989 Act(1) continues to have effect without amendment for the purposes of paragraph 10(2)(l) of Schedule 6 to the 1989 Act(2).
By virtue of section 41 of the Act, “the 1989 Act” means the Children Act 1989 (c.41).
Paragraph 10(2)(l) of Schedule 6 to the 1989 Act provides that regulations made under paragraph 10 in relation to children placed in private children’s homes may make provision similar to that made by regulations under section 26. A “private children’s home” is defined in section 105(1) of the 1989 Act as meaning a children’s home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 which is not a community home or a voluntary home.