Child and Family Agency Act 2013

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Particular arrangements — special care and residential places

58. (1) The Agency may make arrangements with any suitable person to discharge its obligations under section Part IVA and Part VI of the Child Care Act 1991 (as amended by the Child Care (Amendment) Act 2011 ).

(2) A person referred to in subsection (1) shall—

(a) keep in such form as may be approved by the Agency, in accordance with any general direction issued by the Minister, all proper and usual accounts and records of income received and expenditure incurred by it,

(b) submit such accounts annually for audit, and

(c) supply a copy of the audited accounts and the auditor’s certificate and report on the accounts to the Agency within such period as may be specified by the Agency.

(3) The expenses of an audit of accounts submitted in accordance with subsection (2) are payable by the person submitting them.

(4) The Agency may request from a person referred to in subsection (1) any information that it considers material to the provision of a service by such a person in such form as it may specify.

(5) A person shall comply with a request made under subsection (4) within a reasonable period of time.

(6) Where a person fails to comply with a request made under subsection (4), the Agency—

(a) shall not enter into an arrangement with that person under subsection (1), and

(b) where such an arrangement has been entered into, the Agency may proceed to terminate the arrangement.

(7) At the Minister’s request, the Agency shall supply the Minister with any information obtained in response to a request under subsection (4).

(8) Nothing in this Act shall empower the Agency to delegate to a service provider the duty imposed on it under section 4 of the Child Care Act 1991 to take a child into its care or to make an application for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011 ) or VI of that Act.

(9) The Minister may prescribe requirements relating to the provision of services by service providers in accordance with this section.

(10) For the avoidance of doubt, an arrangement under this section shall not give rise to an employment relationship between a service provider and its employees or agents on the one hand and the Agency on the other.