Care Standards Act 2000

[F1 30ZI Power to arrange for independent business review E+W

(1) The Secretary of State may arrange for a qualified person to carry out an independent business review in relation to a person who is subject to financial oversight (a “reviewed person”) if satisfied that either or both of the conditions in subsection (2) are met.

(2) The conditions are—

(a) there is a significant risk to the financial sustainability of the reviewed person, or

(b) where the reviewed person is a parent undertaking of a relevant provider, there is a significant risk to the financial sustainability of one or more of their relevant subsidiary undertakings.

(3) An “independent business review” is a review of—

(a) the nature and extent of any relevant financial sustainability risks;

(b) the action the reviewed person could take to mitigate or eliminate those risks;

(c) any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;

(d) the action the reviewed person could take to reduce those adverse impacts if they arise.

(4) A “relevant financial sustainability risk” means—

(a) where the Secretary of State is satisfied that the condition in subsection (2)(a) is met, a risk to the financial sustainability of the reviewed person;

(b) where the Secretary of State is satisfied that the condition in subsection (2)(b) is met, a risk to the financial sustainability of the relevant subsidiary undertakings mentioned in that subsection.

(5) A person is “qualified” to carry out an independent business review if the Secretary of State is satisfied that the person—

(a) is independent of the reviewed person and the Secretary of State, and

(b) has the skills necessary to carry out the review.

(6) Where the Secretary of State arranges for a qualified person to carry out an independent business review, the Secretary of State must serve a written notice on the reviewed person informing the person of that fact.

(7) The notice may make provision for the reviewed person to be liable to the Secretary of State for payment of the qualified person’s remuneration and expenses relating to the review.

(8) An amount payable to the Secretary of State under the notice is recoverable, if a county court so orders, as if it were payable under an order of that court.

(9) The reviewed person must give the qualified person all such assistance as the qualified person may reasonably require to carry out the review.]

Textual Amendments

F1 Ss. 30ZE-30ZJ and cross-heading inserted (29.4.2026 for specified purposes, 15.7.2026 in so far as not already in force) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 16(2), 78(1)(a)(5); S.I. 2026/803, reg. 3(e)