Part IV
Community Homes
36 Supplementary provisions as to instruments of management and trust deeds.
1
An instrument of management for a controlled or assisted community home shall contain such provisions as the Secretary of State considers appropriate for giving effect to the provisions of the regional plan by which the home is designated as a controlled or assisted community home, but nothing in the instrument of management for such a home shall affect the purposes for which the premises comprising the home are held.
2
Without prejudice to the generality of subsection (1) above, an instrument of management may contain—
a
provisions specifying the nature and purpose of the home or each of the homes to which it relates;
b
provisions requiring a specified number or proportion of the places in that home or those homes to be made available to local authorities and to any other body specified in the instrument; and
c
provisions relating to the management of that home or those homes and the charging of fees in respect of children placed therein or places made available to any local authority or other body.
3
Subject to subsection (1) above, in the event of any inconsistency between the provisions of any trust deed and the instrument of management relating to a controlled or assisted community home, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to that home.
4
After consultation with the voluntary organisation by which a controlled or assisted community home is provided and with the local authority specified in the instrument of management for the time being in force for that home, the Secretary of State may vary or revoke any provisions of that instrument of management by a further instrument of management.
5
In this Act the expression “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating the maintenance, management or conduct of the home or the constitution of a body of managers or trustees of the home.