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Statutory Instruments made by the National Assembly for Wales


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The Children and Young Persons Act 2008 (Commencement No. 4) (Wales) Order 2010

Made

21 April 2010

The Welsh Ministers, in exercise of the powers conferred by section 44(3) and (5) of the Children and Young Persons Act 2008(1), make the following Order:

Title and interpretation

1.–(1) The title of this Order is the Children and Young Persons Act 2008 (Commencement No. 4) (Wales) Order 2010.

(2) In this Order unless otherwise stated, references to sections and Schedules are references to sections of and Schedules to the Children and Young Persons Act 2008.

Appointed day

2. 26 April 2010 is the appointed day for the coming into force of the following provisions in relation to Wales–

(a) section 8(1) (provision of accommodation and maintenance for children who are looked after by a local authority) in so far as it inserts into the 1989 Act(2)–

(i) section 22C(11), and

(ii) section 22F;

(b) section 8(2) and Schedule 1 in so far as they relate to paragraph 4 of that Schedule;

(c) section 10(1) (independent reviewing officers) in so far as it inserts into the 1989 Act, for the purposes only of enabling regulations to be made–

(i) section 25A(4), and

(ii) section 25B(1)(b) and (d) and (2)(a);

(d) section 15 (duty of local authority to ensure visits to looked after children and others) in so far as it inserts into the 1989 Act-

(i) for the purposes only of enabling regulations to be made, section 23ZA(3)(a), and

(ii) section 23ZA(4);

(e) section 16(1) (independent visitors for children looked after by a local authority) in so far as it inserts into the 1989 Act–

(i) for the purposes only of enabling regulations to be made, section 23ZB(1)(a), and

(ii) section 23ZB(9);

(f) section 20(3) (designated member of staff at school for pupils looked after by a local authority);

(g) section 21(2) (entitlement to payment in respect of higher education) in so far as it inserts sub-section (5B) into section 23C of the 1989 Act(3);

(h) section 22(3) and (5) (assistance to pursue education or training) in so far as they insert section 23E(1B) and (1C) into the 1989 Act;

(i) section 23(1) (extension of entitlements to personal adviser and to assistance in connection with education or training);

(j) Section 25(4) (breaks from caring for disabled children) in so far as it inserts, for the purposes only of enabling regulations to be made, sub-paragraph (2) into paragraph 6 of Schedule 2 to the 1989 Act;

(k) section 27 (notice restricting accommodation at certain establishments);

(l) section 28 (appeals etc. in relation to notices under section 22B of the 2000 Act(4));

(m) section 29 (notification of matters relating to persons carrying on or managing children´s homes etc.) in so far as it inserts, for the purposes only of enabling regulations to be made, section 30A(3) and (4) into the 2000 Act;

(n) section 33 (research etc. into matters connected with certain statutory functions).

Edwina Hart

Minister for Health and Social Services, one of the Welsh Ministers

21 April 2010

Explanatory Note

(This note is not part of the Order)

This Order is the fourth Commencement Order made by the Welsh Ministers under the Children and Young Persons Act 2008 ("the Act"), which brings specified provisions of the Act into force in relation to Wales.

Article 2 of the Order brings into force on 26 April 2010 the following:

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Children and Young Persons Act 2008 ("the Act") have been brought into force in relation to Wales by commencement order made before the date of this Order:

Provision Date of Commencement S.I. No.
Section 8 (partially) and Schedule 2 31 March 2010 2010/749 (W.77) (C.51)
Section 30 6 April 2009 2009/728 (W.64) (C.47)
Section 34 31 March 2010 2010/749 (W.77) (C.51)
Section 35 6 April 2009 2009/728 (W.64) (C.47)
Section 36 1 September 2009 2009/1921 (W.175) (C.91)
Section 37 1 September 2009 2009/1921 (W.175) (C.91)
Section 38 1 September 2009 2009/1921 (W.175) (C.91)
Section 42 and Schedule 4 (partially) 6 April 2009 2009/728 (W.64) (C.47)
Section 42 and Schedule 4 (partially) 1 September 2009 2009/1921 (W.175) (C.91)
Section 42 and Schedule 4 (partially) 31 March 2010 2010/749 (W.77) (C.51)

The following provisions have been brought into force in relation to England and Wales by commencement order made before the date of this Order:

Provision Date of Commencement S.I. No .
Section 18 (partially) 1 January 2010 2009/3354 (C.154)
Section 31 1 April 2009 2009/268 (C.11)
Section 32 1 April 2009 2009/268 (C.11)

Various provisions of the Act have been brought into force in relation to England by the following Statutory Instruments:

See also section 44(1) and (2) of the Act for the provisions that came into force on 13 November 2008 (date of Royal Assent).

(1)

2008 c. 23 ("the Act"). Back [1]

(2)

"the 1989 Act" is defined in section 41 of the Act as meaning the Children Act 1989 (c. 41). Back [2]

(3)

Section 23C of the Children Act 1989 was inserted by section 2 of the Children (Leaving Care) Act 2000 (c. 35). Back [3]

(4)

"the 2000 Act" is defined in section 41 of the Act as meaning the Care Standards Act 2000 (c. 14). Back [4]



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