12Accommodation of looked after children: regional co-operation arrangements(1)

The Children Act 1989 is amended as follows.

(2)

After section 22I (inserted by section 5) insert—Accommodation of looked after children: regional co-operation arrangements

22JAccommodation of looked after children: regional co-operation arrangements(1)

The Secretary of State may give directions requiring two or more local authorities to make regional co-operation arrangements.

(2)

“Regional co-operation arrangements” means arrangements—

(a)

for the local authorities to carry out their strategic accommodation functions jointly,

(b)

for the local authorities’ strategic accommodation functions to be carried out by one of the local authorities on behalf of the others, or

(c)

for a body corporate to support the local authorities in carrying out their strategic accommodation functions.

(3)

A local authority’s “strategic accommodation functions” are—

(a)

assessing current and future requirements for the accommodation of children being looked after by the local authority,

(b)

developing and publishing strategies for meeting those requirements,

(c)

commissioning the provision of accommodation for children being looked after by the local authority,

(d)

recruiting prospective local authority foster parents and supporting local authority foster parents,

(e)

developing, or facilitating the development of, new provision for the accommodation of children being looked after by the local authority, and

(f)

any other functions relating to a local authority’s duties under section 22A, 22C or 22G that are specified in regulations made by the Secretary of State.

(4)

Before making regulations under subsection (3)(f) the Secretary of State must consult—

(a)

local authorities, and

(b)

such other persons (if any) as the Secretary of State considers appropriate.

(5)

A direction under subsection (1) may—

(a)

specify which of the three kinds of regional co-operation arrangements the local authorities must make, or

(b)

specify more than one kind of regional co-operation arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make.

(6)

A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(b) may—

(a)

specify which local authority is to carry out the strategic accommodation functions, or

(b)

require the local authorities to determine which of them is to carry out the strategic accommodation functions.

(7)

A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(c) may—

(a)

specify the kind of body corporate with which the arrangements may be made;

(b)

require a body corporate to be established for the purposes of the arrangements.

(8)

If a direction requires a body corporate to be established, it may—

(a)

specify which of the local authorities is to establish the body corporate, or

(b)

require the local authorities to determine which of them is to establish it.

(9)

The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1).

(10)

A direction under this section may make different provision for different purposes.

(3)

In section 104 (regulations and orders)—

(a)

in subsection (2), after “(3AB),” insert “(3AC),”;

(b)

in subsection (3A), after “(3AB),” insert “(3AC),”;

(c)

after subsection (3AB) insert—(3AC)

Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 22J(3)(f).