PART 5

Support etc for certain categories of migrant

Transfer of responsibility for relevant children

Transfer of responsibility for relevant children
69
1
This section applies in relation to a local authority ... (“the first authority”) if—
a
the authority has functions under any of the relevant provisions in relation to a relevant child, or
b
functions under any of the relevant provisions may be conferred on the authority in relation to a relevant child.
2
The first authority may make arrangements with another local authority in the same part of the United Kingdom (“the second authority”) under which—
a
if this section applies to the authority by virtue of paragraph (a) of subsection (1), the functions mentioned in that paragraph become functions of the second authority in relation to the relevant child, and
b
if this section applies to the authority by virtue of paragraph (b) of subsection (1), the functions mentioned in that paragraph become functions that may be conferred on the second authority in relation to the relevant child.
3
The effect of arrangements under subsection (2) is that, from the time at which the arrangements have effect in accordance with their terms—
a
functions under the relevant provisions cease to be functions of, and may not be conferred on, the first authority in relation to the relevant child (“C”),
b
any of the relevant provisions which immediately before that time applied in relation to C as a result of C's connection with the first authority or the area of the first authority have effect as if C had that connection with the second authority or the area of the second authority (if that would not otherwise be the case), and
c
C is to be treated for the purposes of the relevant provisions as if C were not and had never been ordinarily resident in the area of the first authority (if that would otherwise be the case).
3A
The first authority may make arrangements with another local authority in a different part of the United Kingdom (“the second authority”) having the effects mentioned in subsection (3B).
3B
The effects are that, from the time at which the arrangements have effect in accordance with their terms—
a
the first authority ceases to have any functions in relation to the relevant child (“C”) under the relevant provisions and functions under those provisions may not be conferred on the first authority in relation to C,
b
C is to be treated as having a like connection with the second authority, or the area of the second authority, as C had immediately before that time with the first authority or the area of the first authority, and
c
C is to be treated for the purposes of the relevant provisions in relation to both the first authority and the second authority as if the first authority had never had any functions in relation to C.
3C
Where a statutory provision would, but for this subsection, require the approval of a court or of any other person for arrangements under subsection (3A), that statutory provision does not apply in relation to such arrangements.
4
Subsections (3)(b) and (3B)(b) are subject to any change in C's circumstances after the time at which the arrangements have effect.
5
Nothing in subsection (3) or (3B) affects any liability of the first authority in relation to C for any act or omission of the first authority before the time at which the arrangements have effect.
6
The Secretary of State may by regulations make further provision about the effect of arrangements under this section.
7
Arrangements under this section may not be brought to an end by the first or second authority once they have come into effect.
8
In this section “local authority”—
a
in relation to England and Wales has the same meaning as in the Children Act 1989 (see section 105(1) of that Act),
b
in relation to Scotland means a council constituted under section 2 of the Local Government
etc.
(Scotland) Act 1994, and
c
in relation to Northern Ireland means a Health and Social Care trust established under Article 10 of the Health and Personal Services (Northern Ireland) Order 1991.
8A
In this section “the relevant provisions”—
a
in relation to a local authority in England, means the provisions of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families and care, supervision and protection of children), and
b
in relation to a local authority in Wales, Scotland or Northern Ireland, means any statutory provision which confers functions on, or which are exercisable by, such an authority which correspond, or are similar, to the functions conferred on a local authority in England by or under any of those Parts of that Act.
9
In this section “relevant child” means—
a
a person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,
b
a person under the age of 18 who is unaccompanied and who—
i
requires leave to enter or remain in the United Kingdom but does not have it, and
ii
is a person of a kind specified in regulations made by the Secretary of State, or
c
a person under the age of 18 who is unaccompanied and who—
i
has leave to enter or remain in the United Kingdom, and
ii
is a person of a kind specified in regulations made by the Secretary of State.
10
The Secretary of State may by regulations make provision about the meaning of “unaccompanied” for the purposes of subsection (9).
11
In subsection (9)—
a
“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, and
b
the reference to a protection claim having been determined is to be construed in accordance with section 94(3) of the Immigration and Asylum Act 1999.
12
In this section “statutory provision” means a provision made by or under—
a
an Act,
b
an Act of the Scottish Parliament,
c
a Measure or Act of the National Assembly for Wales, or
d
an Act of the Northern Ireland Assembly.
13
In this section a reference to a part of the United Kingdom is a reference to England, Wales, Scotland or Northern Ireland.
S. 69 in force at 31.5.2016 by S.I. 2016/603, reg. 2(b)
Words in s. 69(4) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(6)
S. 69(3A)-(3C) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(5)
Words in s. 69(1) omitted (7.2.2018) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(2)(a)
Words in s. 69(5) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(7)
Words in s. 69(3) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(4)
S. 69(8)(8A) substituted for s. 69(8) (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(8)
Ss. 69-72 extended to Scotland and Northern Ireland (as well as to England and Wales) by virtue of The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 2(a)
Words in s. 69(2) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(3)
S. 69(12)(13) inserted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(9)
Words in s. 69(1)(a) substituted (7.2.2018) by The Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2018 (S.I. 2018/153), regs. 1, 3(2)(b)