The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

4.—(1) A child falls within this paragraph if both of sub-paragraphs (2) and (3) apply to the child.

(2) This sub-paragraph applies to a child if any of the following is the case—

(a) the child is looked after by a local authority within the meaning of section 22 of the Children Act 1989(1) (general duty of local authority in relation to children looked after by them), other than by way of being accommodated in a secure children’s home in respect of which the National Health Service Commissioning Board(2) must arrange for the provision of services to children detained there(3);

(b) the child is a relevant child within the meaning of section 23A of that Act(4)(the responsible authority and relevant children);

(c) the child is a person to whom section 24(1A) or (1B) of that Act(5)(persons qualifying for advice and assistance) applies;

(d) the child is provided with accommodation at a school to which he or she is admitted in accordance with a statement of special educational needs made under section 324 of the Education Act 1996(6)(statement of special educational needs); or

(e) the child requires accommodation in a care home, a children’s home or an independent hospital to meet the child’s continuing care needs.

(3) This sub-paragraph applies to a child if—

(a) the child is provided with—

(i) services which consist of or include the provision of accommodation situated in the area of another CCG or of a Local Health Board, under arrangements made by the CCG in the exercise of its commissioning functions (by itself or jointly with a local authority), or

(ii) such services under arrangements made by the local authority and immediately before those arrangements were made the CCG was responsible for the child under section 3(1A) of the 2006 Act; and

(b) the child is both—

(i) resident in that accommodation, and

(ii) would not be a person for whom the CCG is responsible under section 3(1A)(a) of the 2006 Act.

(1)

1989 c. 41.

(2)

The National Health Service Commissioning Board is established by section 1H of the 2006 Act as inserted by section 9(1) of the 2012 Act.

(3)

See regulation 10 of these Regulations (services to be provided by the Board for prisoners and other detainees).

(4)

Section 23A was inserted into the Children Act 1989 by section 2(1) and (4) of the Children (Leaving Care) Act 2000 (c.35).

(5)

Section 24(1A) and (1B) were inserted into the Children Act 1989 by section 139(1) of, and paragraphs 54, 60(a) and 60(b) of Schedule 3 to the Adoption and Children Act 2002 ( c.38).

(6)

1996 c. 56. Section 324 was amended by section 140(1) of, and paragraph 77(b) of Schedule 30 to, the School Standards and Framework Act 1998 (c. 31) and section 9 of the Special Educational Needs and Disability Act 2001 (c. 10).