Part II E+W Establishments and agencies

Modifications etc. (not altering text)

C1 Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2

C2 Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C3 Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3

C4 Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5 Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6 Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

C7 Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

C8 Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)

[F1 Financial regulation (England) E+W

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)

30ZJ Duty to issue advance warning notice E+W

(1) The Secretary of State must serve a written notice (an “advance warning notice”) on a local authority if the Secretary of State considers that—

(a) there is a real possibility that one or more relevant establishments or agencies will cease to be carried on because of any risk to the financial sustainability of a person who is subject to financial oversight, and

(b) the local authority, or any children looked after by the local authority, might be adversely affected if that were to happen.

(2) An advance warning notice must—

(a) identify the establishments or agencies mentioned in subsection (1);

(b) inform the local authority that the Secretary of State considers that there is a real possibility that those establishments or agencies will cease to be carried on for the reasons mentioned in that subsection, and

(c) explain why the Secretary of State considers that the local authority, or children looked after by the local authority, might be adversely affected if that were to happen.

(3) Where the Secretary of State serves an advance warning notice under subsection (1), the Secretary of State must also—

(a) serve a copy of the notice on the CIECSS, and

(b) inform the person who is registered as carrying on the establishments or agencies identified in the notice that an advance warning notice has been served in relation to those establishments or agencies.]