Children (Leaving Care) Bill [H.L.] - continued        House of Lords
Personal advisers and pathway plans - continued

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Representations.     5. In the 1989 Act, after section 24C insert-
 
 
"Representations: sections 23A to 24B.     24D. - (1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by-
 
    (a) a relevant child for the purposes of section 23A or a young person falling within section 23C;
 
    (b) a person qualifying for advice and assistance; or
 
    (c) a person falling within section 24B(2),
  about the discharge of their functions under this Part in relation to him.
 
      (2) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.".
 
Exclusion from benefits.     6. - (1) No person is entitled to income-based jobseekers allowance under the Jobseekers Act 1995, or to income support or housing benefit under the Social Security Contributions and Benefits Act 1992, while he is a person to whom this section applies.
 
      (2) Subject to subsection (3), this section applies to-
 
 
    (a) an eligible child for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989;
 
    (b) a relevant child for the purposes of section 23A of that Act; and
 
    (c) any person of a description prescribed in regulations under subsection (4).
      (3) The Secretary of State may by regulations provide that this section does not apply to a person who falls within subsection (2)(a) or (b) but who also falls within such category or description, or satisfies such conditions, as may be prescribed in the regulations.
 
      (4) The Secretary of State may make regulations prescribing descriptions of person who do not fall within subsection (2)(a) or (b) but who-
 
 
    (a) have been looked after by a local authority in Scotland (within the meaning of section 17(6) of the Children (Scotland) Act 1995); and
 
    (b) otherwise correspond (whether or not exactly) to eligible or relevant children.
      (5) The Secretary of State may in regulations make such transitional, consequential and saving provision as he considers necessary or expedient in connection with the coming into force of this section.
 
      (6) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental power in relation to regulations) applies to regulations made under this section as it applies to regulations made under that Act.
 
      (7) Powers to make regulations under this section include power to make different provision for different areas.
 
      (8) Powers to make regulations under this section are exercisable by statutory instrument.
 
      (9) No statutory instrument containing regulations under subsection (4) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
 
      (10) A statutory instrument containing regulations under subsection (3) or (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Minor and consequential amendments.     7. - (1) The 1989 Act is amended as follows.
 
      (2) In section 17 (provision of services for children in need, their families and others), in subsection (5)(a), for "23 or 24" substitute "23, 23B to 23D, 24A or 24B".
 
      (3) In section 29 (recoupment of cost of providing services etc.)-
 
 
    (a) at the beginning of subsection (9), insert "Except where subsection (10) applies,"; and
 
    (b) after subsection (9) insert-
 
    "(10) Where a local authority ("authority A") comply with any request under section 27(2) from another local authority ("authority B") in relation to a child or other person-
 
 
    (a) whose responsible authority is authority B for the purposes of section 23B or 23C; or
 
    (b) whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),
  authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.".
 
      (4) In Part I of Schedule 2 (provision of services for families), in paragraph 1(2)(a)(i), for "20 and 24" substitute "20, 23B to 23D, 24A and 24B".
 
Interpretation, commencement, extent, Wales and short title.     8. - (1) In this Act, "the 1989 Act" means the Children Act 1989.
 
      (2) Apart from this section, this Act comes into force on such day as may be appointed by order made by statutory instrument.
 
      (3) An order under subsection (2) is to be made-
 
 
    (a) as respects section 6, by the Secretary of State;
 
    (b) as respects other provisions so far as they relate to England, by the Secretary of State; and
 
    (c) as respects those other provisions so far as they relate to Wales, by the National Assembly for Wales.
      (4) Different days may be appointed under this section for different provisions and for different purposes.
 
      (5) Any such order may make such transitional, consequential or saving provision as the Secretary of State or (as the case may be) the National Assembly for Wales considers necessary or expedient.
 
      (6) This Act extends only to England and Wales, except for section 6, which also extends to Scotland.
 
      (7) The reference to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this Act.
 
      (8) This Act may be cited as the Children (Leaving Care) Act 2000.
 
 
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Prepared 19 November 1999