- Latest available (Revised)
- Original (As made)
The Special Guardianship Regulations 2005
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
This version of this chapter contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Special Guardianship Regulations 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 2 Chapter 4:
- Regulations words substituted by S.I. 2022/634 Sch. para. 1(1)(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- blanket amendment words substituted by S.I. 2023/1071 Sch. para. 1
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. para. 1(ga)(gb) inserted by S.I. 2016/111 reg. 4(a)
- Sch. para. 2(ea) inserted by S.I. 2019/1458 Sch. 3 para. 75(b)
- reg. 4(2)(b)-(d) substituted for reg. 4(2)(b) by S.I. 2019/237 Sch. 1 para. 10(2)
Prospective
CHAPTER 4E+WREVIEWS
Reviews: general procedureE+W
17.—(1) This regulation applies where the local authority provide special guardianship support services for a person other than financial support payable periodically.
(2) The local authority must review the provision of such services—
(a)if any change in the person’s circumstances which may affect the provision of special guardianship support services comes to their notice;
(b)at such stage in the implementation of the plan as they consider appropriate; and
(c)in any event, at least annually.
(3) Regulations 12 and 13 apply in relation to a review under this regulation as they apply in relation to an assessment under Chapter 3 of this Part.
(4) If the local authority propose to vary or terminate the provision of special guardianship support services to any person, before making any decision as a result of the review they must give the person an opportunity to make representations and for that purpose they must give him notice of the proposed decision and the time allowed for making representations.
(5) The notice must contain the information mentioned in regulation 15(3) and, if the local authority propose to revise the plan, a draft of the revised plan.
(6) The local authority must, having regard to the review and after considering any representations received within the period specified in the notice—
(a)decide whether to vary or terminate the provision of special guardianship support services for the person; and
(b)where appropriate, revise the plan.
(7) The local authority must give the person notice of their decision (including the reasons for it) and, if applicable, details of the revised plan.
Commencement Information
I1Reg. 17 in force at 30.12.2005, see reg. 1(1)
Review of financial support payable periodicallyE+W
18.—(1) This regulation applies where the local authority provide financial support for a person payable periodically.
(2) The local authority must review the financial support—
(a)on receipt of the annual statement mentioned in regulation 10;
(b)if any relevant change of circumstances or any breach of a condition mentioned in regulation 10 comes to their notice; and
(c)at any stage in the implementation of the plan that they consider appropriate.
(3) In paragraph (2) a relevant change of circumstances is any of the changes that the person has agreed to notify under regulation 10.
(4) Regulations 12 and 13 apply in relation to a review under this regulation as they apply in relation to an assessment under Chapter 3 of this Part.
(5) If the local authority propose, as a result of the review, to reduce or terminate financial support or revise the plan, before making that decision, the local authority must give the person an opportunity to make representations and for that purpose they must give the person notice of the proposed decision and the time allowed for making representations.
(6) But paragraph (5) does not prevent the local authority from suspending payment of financial support pending that decision.
(7) The notice must contain the information mentioned in regulation 15(3) and, if applicable, a draft of the revised plan.
(8) The local authority must, having regard to the review, and after considering any representations received within the period specified in the notice—
(a)decide whether to vary or terminate payment of the financial support or whether to seek to recover all or part of any financial support that has been paid; and
(b)where appropriate, revise the plan.
(9) The local authority must give the person notice of their decision, including the reasons for it, and, if applicable, the revised plan.
Commencement Information
I2Reg. 18 in force at 30.12.2005, see reg. 1(1)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Chapter only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.