HC Deb 12 June 2002 vol 386 c893

11 Regulations under paragraph 8, 9 or 10 may—

  1. (a) provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;
  2. (b) confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;
  3. (c) provide that arrangements must be made in a specified manner or in accordance with specified principles;
  4. (d) provide that arrangements may not be made in a specified manner;
  5. (e) require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;
  6. (f) require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.

12 (1) Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—

  1. (a) new arrangements may be made for him under paragraph 8, but
  2. (b) new arrangements may not be made for him under paragraph 9.

(2) Regulations by virtue of this paragraph may include exceptions in the case of a person who—

  1. (a) has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and
  2. (b) satisfies any requirements of the regulations for proof of the excuse.

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