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11. Before deciding whether to make direct payments in respect of a beneficiary the local authority must be satisfied—
(a)that the way the person who will receive direct payments proposes to use them to secure the agreed provision is an appropriate way to do so;
(b)that where a parent, nominee or representative is to receive direct payments on behalf of a beneficiary, that person will act in the best interests of the beneficiary when securing the agreed provision;
(c)that the making of direct payments in respect of the beneficiary will not have an adverse impact on other services which the local authority provides or arranges for children and young people in its area for whom it maintains a statement of special educational needs under section 324 of the 1996 Act or who are subject to a learning difficulty assessment arranged under section 139A of the 2000 Act; and
(d)that securing the agreed provision by means of direct payments in the case of that beneficiary is compatible with the authority’s efficient use of its resources.
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.
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