Applications to court under section 119 of the Act may only be made by the local authority (including an English local authority) which is looking after the child (subject to the power of a local authority to arrange for its functions to be carried out by another person under section 101 of the Local Government Act 19724 or sections 14 to 20 of the Local Government Act 20005).

But where regulation 16 of these Regulations applies to modify section 119 of the Act so that it applies in relation to children other than those being looked after by a local authority, then applications to court can be made by the Local Health Board, NHS Trust or local authority in the exercise of education functions which is providing accommodation for a child and to whom section 119 of the Act applies.