The Contracting Out (Management Functions in relation to certain Community Homes) Order 1996

• Citation: S.I. 1996/586
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Contracting Out (Management Functions in relation to certain Community Homes) Order 1996.

(2) This Order shall come into force on the day after the day on which it is made.

(3) In this Order—

“ the Act ” means the Children Act 1989 , and

“local authority” has the meaning given in section 105(1) of the Act (interpretation) in relation to England and Wales.

Section 2 Contracting out of management functions in relation to certain community homes

(1) Subject to paragraph (2) of this article, the function conferred on a local authority by section 53(3)(a) of the Act of managing a community home may be exercised by, or by the employees of, such person (if any) as may be authorised in that behalf by a local authority.

(2) Paragraph (1) of this article does not apply to the function of managing a community home, or any part of a community home, which is provided for the purpose of restricting the liberty of children under the age of eighteen.

Section 3 Meaning of “community home” for the purposes of section 53(3)(a) of the Act

Where the function of managing a community home is exercised in accordance with article 2(1) above otherwise than by a local authority, that home remains a community home within section 53(3)(a) of the Act.