Commentary on Sections Children in long term care Section 18: visits to children in long-term care
90.Section 18 inserts new section 86A in the 1989 Act, placing a new duty on the responsible authority to make arrangements for the children it is notified of under sections 85 and 86 to be visited. The appropriate national authority will have power to make regulations under section 86A(2), in similar terms to regulations made under section 23ZA of the 1989 Act (inserted by section 15) i.e. they may specify the frequency of the visits; the circumstances in which the visit should take place; and the functions of the visitor (e.g. to report to the local authority and the child’s parents on the visit) (section 86A(3)).
91.Under section 44 of this Act, sections 17 and 18 are to be commenced by the Secretary of State in relation to both England and Wales, with consent of the Welsh Ministers. Regulations under new section 86A are to be made by the Secretary of State and Welsh Ministers acting jointly. This is ensure that implementation of the Act in relation to cross-border bodies that provide accommodation to which these provisions relate is handled in a co-ordinated way.