Children and Young Persons Act 2008

Children and Young Persons Act 2008

2008 CHAPTER 23

Commentary on Sections

Part 2 - Functions in Relation to Children and Young Persons

Independent Reviewing Officers (IROs)

Section 13: Orders under sections 11 and 12: supplementary provisions

78. Section 13 provides that an order under sections 11 and 12 may also:

• confer on the recipient power to do anything which is incidental or conducive to, or designed to facilitate, the discharge of that function (Section 13(1));

• authorise the recipient to charge fees for the discharge of any function conferred by that order, for example for providing training. It is implicit that these fees must be of a reasonable amount having regard to the cost of performing the function to which the fee relates (section 13(2));

• transfer property, rights and liabilities to the new service (section 13(3)) and if in doing so it would affect employees rights, for example by transferring employees from local authority employment to the new service, the order must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply (section 13(4)); and.

• require the new IRO service to establish a complaints procedure (section 13(5)).