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The Visits to Children in Long-Term Residential Care Regulations 2011

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2.  In these Regulations—

“the 1989 Act” means the Children Act 1989;

“A” means an accommodated child within the meaning of paragraph 8A(2) of Schedule 2 to the 1989 Act(1);

“R” means a representative of the responsible local authority;

“responsible local authority” means—

(a)

where a notification has been made under section 85(1)(2) of the 1989 Act, the responsible authority as defined in section 85(3);

(b)

where a notification has been made under section 86(1)(3) of the 1989 Act, the local authority(4) within whose area the establishment is carried on;

“working day” means any day other than a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(5).

(1)

Paragraph 8A of Schedule 2 was inserted by section 19 of the 2008 Act and provides that “accommodated children” are those children in respect of whose accommodation the local authority have been notified under section 85 or 86.

(2)

Section 85(1) was amended by: the National Health Service and Community Care Act 1990 (c. 19), paragraph 36(5) of Schedule 9; the Health Authorities Act 1995 (c. 17), paragraph 118(9) of Schedule 1; the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), paragraphs 75 and 81 of Schedule 4; the 2008 Act, section 17(1) and (2); and S.I. 2000/90 and 2007/961.

(3)

Section 86(1) was amended by the Care Standards Act 2000 (c. 14), paragraph 14(1) and (20) of Schedule 4 to and by section 17(6), (7)(a), (b) and (c) of the 2008 Act.

(4)

“Local authority” is defined in section 105(1) of the 1989 Act. Further, by virtue of the Isles of Scilly (Children Act 1989) Order 2010 (S.I. 2010/1116), any reference to a local authority in the 1989 Act is to be construed, in relation to the Isles of Scilly, as a reference to the Council of the Isles of Scilly.

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