Child Care Act 1980

33 Approval and variation of regional plans

(1) After considering any regional plan submitted to him under section 32 of this Act and after making in .the plan such modifications (if any) as he may agree with the committee by which the plan was submitted and as he may consider appropriate for securing that the plan makes proper provision for the accommodation and maintenance of children in the care of the relevant authorities, the Secretary of State may approve the plan.

(2) Where the Secretary of State considers that, either with or without such modifications as are referred to in subsection (1) above, part but not the whole of a plan submitted to him under section 32 of this Act makes proper provision for the accommodation and maintenance of the children to whom that part of the plan relates, the Secretary of State may approve that part of the plan.

(3) Where the Secretary of State has approved part only of a regional plan, the committee for the planning area concerned shall prepare and submit to him under section 32 of this Act a further regional plan containing proposals to supplement that part of the previous plan which was approved by the Secretary of State.

(4) If, at any time after the approval of the whole or part of a regional plan by the Secretary of State, the committee for the planning area concerned consider that the plan, or such part of it as was approved, should be varied or replaced, they shall prepare and submit to the Secretary of State under section 32 of this Act a further regional plan for that purpose; and any such further regional plan may—

(a) take the form of a replacement for the regional plan or part thereof which was previously approved by the Secretary of State ; or

(b) contain proposals for the amendment of that regional plan or part thereof.

(5) In relation to a further regional plan which contains proposals for supplementing or amending a regional plan or part of a regional plan which has been previously approved by the Secretary of State (in this subsection referred to as " the approved plan ")—

(a) section 32(4) of this Act shall have effect as if references to a regional plan were references to the approved plan as it would have effect if supplemented or amended in accordance with the proposals contained in the further regional plan; and

(b) subsection (1) above shall have effect as if the reference therein to children in the care of the relevant authorities were a reference to the children to whom the proposals in the plan relate; and

(c) in so far as the further regional plan contains proposals under which a home would cease to be a community home, or would become a community home of a different description, or would be used for a purpose different from that provided for in the approved plan, the committee preparing the further plan shall, before submitting it to the Secretary of State, obtain the consent of the local authority or voluntary organisation by which the home is provided and, if the proposal is for a home to become or to cease to be a controlled or assisted community home, the consent of the local authority which it is proposed should be, or which is, specified in the instrument of management for the home.

(6) Where the Secretary of State approves a regional plan, in whole or in part, he shall give notice in writing of his approval to the committee for the planning area concerned specifying the date on which the plan is to come into operation, and the committee shall send a copy of the notice to each of the relevant authorities and to any voluntary organisation whose consent was required to any provision of the plan.