Section 57Part 6 — COMMUNITY HOMES
Determination of disputes relating to controlled and assisted community homes
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Where any dispute relating to a controlled community home arises between the Department and the voluntary organisation by which the home is provided the dispute may be referred by either party to the Governor in Cabinet for determination.
Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and the Department, the dispute may be referred by either party to the Governor in Cabinet for determination.
Where a dispute is referred to the Governor in Cabinet under this section it may, in order to give effect to its determination of the dispute, give such directions as it thinks fit to the Department or voluntary organisation concerned.
This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of —
the Department as specified in the home's instrument of management; or
(as the case may be) the voluntary organisation by which the home is provided.
Where any trust deed relating to a controlled or assisted community home contains provisions whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, a dispute which is capable of being dealt with in accordance with that provision shall not be referred to the Governor in Cabinet under this section.
In this Part “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating —
the maintenance, management or conduct of the home; or
the constitution of a body of managers or trustees of the home.
Defined Terms
trust deed