The Child Trust Funds (Amendment No. 2) Regulations 2004

JurisdictionUK Non-devolved
CitationSI 2004/3382

2004 No. 3382

CHILD TRUST FUNDS

The Child Trust Funds (Amendment No. 2) Regulations 2004

Made 21th December 2004

Laid before Parliament 21th December 2004

Coming into force 6th April 2005

The Treasury, in exercise of the powers conferred upon them by sections 3(2), (5), (7) and (10), 16 and 28(1) to (4) of the Child Trust Funds Act 20041, make the following Regulations:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Child Trust Funds (Amendment No. 2) Regulations 2004 and shall come into force on 6th April 2005.

Amendments to the Child Trust Funds Regulations 2004

Amendments to the Child Trust Funds Regulations 2004

S-2 The Child Trust Funds Regulations 2004 are amended as follows.

The Child Trust Funds Regulations 2004 are amended as follows.

2. The Child Trust Funds Regulations 20042are amended as follows.

S-3 In regulation 13(11) add at the end “and shall be treated as a...

3. In regulation 13(11)3add at the end “and shall be treated as a party to the existing management agreement for the account in question”.

S-4 In regulation 33 add at the end— 8 Regulations 34 and 35 shall...

4. In regulation 334add at the end—

S-8

“8 Regulations 34 and 35 shall apply to local authorities, as if, in those regulations, for—

(a) “relevant person” there were substituted “local authority”; and

(b) references to an account or account investments there were substituted references to returns, forms or children mentioned in this regulation and regulation 33A,

so far as the Board may reasonably require information to be provided or records to be made available for the purposes of this regulation and regulation 33A.”.

S-5 After regulation 33 insert— 33A The Official Solicitor or...

5. After regulation 33 insert—

S-33A

The Official Solicitor or Accountant of Court to be the person who has the authority to manage an account

33A.—(1) Every local authority shall be under a duty to —

(a)

(a) identify any child born after 31st August 2002 and under 16, who falls within the circumstances specified in paragraph (2) and, for each such child,

(b)

(b) deliver a form (as part of the return required by regulation 33(2) or (4), as the case may be) in accordance with paragraph (3)(a).

(2) The circumstances specified are where—

(a)

(a) the child is looked after (in Scotland, looked after and accommodated) by the local authority, and

(b)

(b) at least one of the following conditions is satisfied.

Condition 1

There is no person, or no person other than the local authority, who has parental responsibility (in Scotland, parental responsibilities) for the child.

Condition 2

It is part of the care plan for the child that—

(a) the child will live indefinitely away from home (or his former home), and

(b) the child will not have face to face contact with any parent having parental responsibility (in Scotland, parental responsibilities) for the child.

Condition 3

An order has been made under section 34(4) of the Children Act 19895or Article 53(4) of the Children (Northern Ireland) Order 19956, authorising the local authority to refuse to allow contact between the child and any person with parental responsibility (or, in Scotland, a supervision requirement made with a condition regulating contact under section 70(5)(b) of the Children (Scotland) Act 19957that the child shall have no contact with a person with parental responsibilities), and there is no other individual with parental responsibility (in Scotland, parental responsibilities) for the child to act as registered contact.

Condition 4

The Court of Protection has—

(a) appointed a receiver for a person with parental responsibility for the child, or

(b) determined that such a person is a “patient” for the purposes of Part 7 of the Mental Health Act 19838,

and there is no other individual with parental responsibility for the child to act as registered contact.

In Scotland, in this Condition for—

(a) “Court of Protection” substitute “Sheriff”,

(b) “receiver” substitute “guardian appointed under section 58 of the Adults with Incapacity (Scotland) Act 20009”,

(c) the reference to a patient, substitute “incapable for the purposes of the Adults with Incapacity (Scotland) Act 2000,” and

(d) “parental responsibility” substitute “parental responsibilities”.

Condition 5

The child has been lost or abandoned, and there is no prospect for the foreseeable future of...

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