Children Act 1989

1 (1) The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any voluntary home which is designated as a controlled or assisted community home.

(2) Sub-paragraph (3) applies where two or more voluntary homes are designated as controlled community homes or as assisted community homes.

(3) If—

(a) those homes are, or are to be, provided by the same voluntary organisation; and

(b) the same local authority is to be represented on the body of managers for those homes,

a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them.

(4) The number of persons who, in accordance with an instrument of management, constitute the body of managers for a voluntary home shall be such number (which must be a multiple of three) as may be specified in the instrument.

(5) The instrument shall provide that the local authority specified in the instrument shall appoint—

(a) in the case of a voluntary home which is designated as a controlled community home, two-thirds of the managers; and

(b) in the case of a voluntary home which is designated as an assisted community home, one-third of them.

(6) An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument—

(a) so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided; and

(b) for the purpose of securing that—

(i) so far as is practicable, the character of the home as a voluntary home will be preserved; and

(ii) subject to paragraph 2(3), the terms of any trust deed relating to the home are observed.

(7) An instrument of management shall come into force on such date as it may specify.

(8) If an instrument of management is in force in relation to a voluntary home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation.

(9) In this paragraph—

• “foundation managers”, in relation to a voluntary home, means those of the managers of the home who are not appointed by a local authority in accordance with sub-paragraph (5); and

• “designated” means designated in accordance with section 53.