New Clause 6 — Scheme for transfer of responsibility for relevant children

Consumer Protection (Standards of Fire Resistance of Children’s Fancy Dress and Play Costumes Etc) – in the House of Commons at 6:00 pm on 1st December 2015.

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‘(1) The Secretary of State may prepare a scheme for functions of, or which may be conferred on, a local authority in England (“the first authority”) to become functions of, or functions which may be conferred on, another local authority in England (“the second authority”) in accordance with arrangements under section (Transfer of responsibility for relevant children).

(2) The scheme—

(a) must specify the local authorities to which it relates, and

(b) unless it relates to all relevant children who may be the subject of arrangements under that section between those authorities, must specify the relevant child or children, or descriptions of relevant children, to which it relates.

(3) The Secretary of State may direct the first authority and the second authority to comply with the scheme.

(4) A direction may not be given under subsection (3) unless the Secretary of State is satisfied that compliance with the direction will not unduly prejudice the discharge by the second authority of any of its functions.

(5) Before giving a direction under subsection (3) to a local authority, the Secretary of State must give the authority notice in writing of the proposed direction.

(6) The Secretary of State may not give a direction to a local authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.

(7) The local authority may make written representations to the Secretary of State about the proposed direction within that period.

(8) The Secretary of State may modify or withdraw a direction under subsection (3) by notice in writing to the local authorities to which it was given.

(9) A modification or withdrawal of a direction does not affect any arrangements made under section (Transfer of responsibility for relevant children) pursuant to the direction before it was modified or withdrawn.

(10) Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—

(a) the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and

(b) subsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the local authorities to which it applies.

(11) In this section “local authority” and “relevant child” have the same meanings as in section (Transfer of responsibility for relevant children).”—(James Brokenshire.)

This new clause creates a mechanism for the Secretary of State to require local authorities in England to co-operate in the transfer of particular categories of unaccompanied migrant children from one local authority to another.

Brought up, and added to the Bill.