SCHEDULES

C1SCHEDULE 3 Approved schools and other institutions

Annotations:
Modifications etc. (not altering text)

Use of premises as homes for children in care

6

1

Where a section 46 order is made in relation to an approved institution (other than an institution provided by a local authority) and, in a regional plan approved by the Secretary of State, the whole or any part of the premises of the institution is designated as a community home to be provided by a local authority, then if the Secretary of State is satisfied that the premises so designated were to a substantial extent provided with the assistance of grants under section 104 of the Act of 1933 or F1section 20 of the Probation Service Act 1993F2or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000F4or under sections 3, 6 or 13 of the Offender Management Act 2007 , he may, by an authorisation in writing under this paragraph, authorise the transfer of the premises so designated to that local authority.

2

The transfer of any premises in pursuance of an authorisation under this paragraph—

a

shall be on such terms, as to payment and other matters, as may be agreed between the local authority concerned and the trustees or other persons in whom the premises are vested and, if the authorisation so provides, as may be approved by the Secretary of State;

b

shall not take effect before the specified date; and

c

shall operate to vest the premises transferred in the local authority free from any charitable trust and from any other obligation requiring the use of the premises for the purposes of an approved institution.

3

Before giving an authorisation under this paragraph authorising the transfer of any premises belonging to a charity or otherwise held on charitable trusts, the Secretary of State shall consult the F3Charity Commission .