Two-year notice to cease community home - CA 1989 s. 56
Voluntary organisation must give at least two years' written notice to Secretary of State and local authority before ceasing to provide the home.
The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the home’s instrument of management not less than two years’ notice in writing of their intention to do so. A notice under subsection (1) shall specify the date from which the voluntary organisation intend to cease to provide the home as a community home. Where such a notice is given and is not withdrawn before the date specified in it, the home’s instrument of management shall cease to have effect on that date and the home shall then cease to be a controlled or assisted community home. Where a notice is given under subsection (1) and the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as its managers until the date specified in the subsection (1) notice, the Secretary of State may by order— revoke the home’s instrument of management; and require the local authority who were specified in that instrument to conduct the home until— the date specified in the subsection (1) notice; or such earlier date (if any) as may be specified for the purposes of this paragraph in the order, as if it were a community home provided by the local authority. Where the Secretary of State imposes a requirement under subsection (4)(b)— nothing in the trust deed for the home shall affect the conduct of the home by the local authority; the Secretary of State may by order direct that for the purposes of any provision specified in the direction and made by or under any enactment relating to community homes (other than this section) the home shall, until the date or earlier date specified as mentioned in subsection (4)(b), be treated as a controlled or assisted community home; except in so far as the Secretary of State so directs, the home shall until that date be treated for the purposes of any such enactment as a community home provided by the local authority; and on the date or earlier date specified as mentioned in subsection (4)(b) the home shall cease to be a community home.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when a voluntary organisation that runs a controlled or assisted community home decides to stop providing it. The organisation must give at least two years' written notice of this intention to the Secretary of State and to the local authority named in the home's instrument of management. The notice must state the date on which the organisation intends to stop.
If the notice is not withdrawn, the instrument of management expires on that date, and the home ceases to be a controlled or assisted community home. If the home's managers tell the Secretary of State that they cannot or will not continue until that date, the Secretary of State can order that the instrument of management be revoked and require the local authority to run the home until the original date or an earlier date set by the order.
When the Secretary of State imposes such a requirement, the trust deed for the home cannot prevent the local authority from running it. The Secretary of State may also direct that for certain legal purposes the home continues to be treated as a controlled or assisted community home. Otherwise, it is treated as a community home provided by the local authority. On the specified date, the home finally ceases to be a community home.
When it applies
- A charity that runs a children's home decides to close it; they must give two years' notice to the Secretary of State and the local council.
- The managers of a community home resign before the two-year notice period ends; the Secretary of State can order the local authority to take over and run the home.
- A trust deed restricts how the home's property can be used, but once the Secretary of State requires the local authority to take over, the trust deed no longer applies.
What this section does not say
- Closure of a community home by the local authority itself (covered by section 57).
- Financial provisions when a home ceases (covered by section 58).
- General provision of accommodation by voluntary organisations (covered by section 59).
- Duties of voluntary organisations (covered by section 61).
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This page reproduces the text of CA 1989 s. 56 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.