(1)Where it is proposed to use a voluntary home or [F1private] children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home.
(2)Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent.
(3)In subsection (2) “foster parent” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation.
(4)The Secretary of State may by regulations—
(a)make provision as to the manner in which certificates may be issued;
(b)impose requirements which must be complied with while any certificate is in force; and
(c)provide for the withdrawal of certificates in prescribed circumstances.
(5)Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home.
(6)Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation.
(7)The provisions are—
(a)section 49;
[F2(b)articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales;]
(c)section 32(3) of the M1Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales;
(d)section 2 of the M2Child Abduction Act 1984.
Textual Amendments
F1Word in s. 51(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(7); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3))
F2S. 51(7)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 2(3)
Commencement Information
I1S. 51 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations