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Children and Families (Wales) Measure 2010

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(introduced by section 72)

SCHEDULE 1WMINOR AND CONSEQUENTIAL AMENDMENTS

Magistrates' Courts Act 1980 (c. 43)W

1Amend the Magistrates' Courts Act 1980 as follows.W

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Commencement Information

I1Sch. 1 para. 1 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

2In section 65 (meaning of family proceedings), in subsection (1) after paragraph (nza) insert—W

(nzb)sections 34 and 43 of the Children and Families (Wales) Measure 2010;.

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Commencement Information

I2Sch. 1 para. 2 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Senior Courts Act 1981 (c. 54)W

3Amend the Senior Courts Act 1981 as follows.W

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Commencement Information

I3Sch. 1 para. 3 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

4In Schedule 1 (distribution of business in High Court) after paragraph 3(ea) insert—W

(eb)proceedings under section 43 of the Children and Families (Wales) Measure 2010;.

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Commencement Information

I4Sch. 1 para. 4 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Children Act 1989 (c. 41)W

5Amend the Children Act 1989 as follows.W

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Commencement Information

I5Sch. 1 para. 5 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

6In Section 80 (inspection of children's homes etc by persons authorised by the Welsh Ministers)—W

(a)in subsection (1) omit paragraph (i);

(b)in subsection (5) omit paragraphs (h) and (hh).

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Commencement Information

I6Sch. 1 para. 6 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

7In section 105 (interpretation)—W

(a)in subsection (1)—

(i)in the definition of “day care” omit “(except in Part XA)”;

(ii)in the definition of “hospital” omit “(except in Schedule 9A)”;

(b)omit subsection (5A).

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Commencement Information

I7Sch. 1 para. 7 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Water Industry Act 1991 (c. 56)W

8Amend the Water Industry Act 1991 as follows.W

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Commencement Information

I8Sch. 1 para. 8 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

9In Schedule 4A (premises that are not to be disconnected for non-payment of charges) in paragraph 12(2) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.W

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Commencement Information

I9Sch. 1 para. 9 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Protection of Children Act 1999 (c. 14)W

10Amend the Protection of Children Act 1999 as follows.W

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Commencement Information

I10Sch. 1 para. 10 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

11In section 2A (power of certain authorities to refer individuals for inclusion in list of persons considered unsuitable to work with children), in subsection (1)(a) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.W

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Commencement Information

I11Sch. 1 para. 11 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

12In section 9 (the Tribunal), in subsection (2)—W

(a)in paragraph (c) omit “or under, or by virtue of, Part XA of that Act”;

(b)in paragraph (f), omit “or”;

(c)at the end of paragraph (g) insert “ ; or ”;

(d)after paragraph (g) insert—

(h)on an appeal under, or by virtue of, Part 2 of the Children and Families (Wales) Measure 2010.

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Commencement Information

I12Sch. 1 para. 12 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Care Standards Act 2000 (c. 14)W

13Amend the Care Standards Act 2000 as follows.W

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Commencement Information

I13Sch. 1 para. 13 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

14In section 55(3)(e)—W

(a)for “Assembly” in both places where it appears substitute “ Welsh Assembly Government ”;

(b)for “section 79T of that Act” substitute “ section 40 of the Children and Families (Wales) Measure 2010 ”.

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Commencement Information

I14Sch. 1 para. 14 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Children Act 2004 (c. 31)W

15Amend the Children Act 2004 as follows.W

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Commencement Information

I15Sch. 1 para. 15 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

16In section 29 (information databases: Wales) in subsection (8)(a) for “Part 10A of the Children Act 1989 (c. 41)” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.W

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Commencement Information

I16Sch. 1 para. 16 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Education Act 2005 (c .18)W

17Amend the Education Act 2005 as follows.W

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Commencement Information

I17Sch. 1 para. 17 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

18In section 59 (combined reports), for subsection (1)(b) substitute the following—W

(b)Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),.

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Commencement Information

I18Sch. 1 para. 18 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Education and Inspections Act 2006 (c. 40)W

19Amend section 162 of the Education and Inspections Act 2006 (as amended by the Education (Wales) Measure 2009) as follows.W

20In subsection (5A)—W

(a)after paragraph (a) insert—

(aa)make such provision as appears to them to be appropriate for the purpose of—

(i)repealing any reference in a Measure of the National Assembly for Wales to a children's services authority (however expressed), and

(ii)replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;;

(b)in paragraph (b), after “paragraph (a)” insert “ or paragraph (aa) ”.

Childcare Act 2006 (c. 21)W

21Amend the Childcare Act 2006 as follows.W

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Commencement Information

I19Sch. 1 para. 21 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

22In section 30 (interpretation of Part 2) in the definition of “childcare”, for “Part 10A of the Children Act 1989 (c 41)” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.W

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Commencement Information

I20Sch. 1 para. 22 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

23In section 75 (disqualification from registration), in subsection (3)(f) after “Part 10A of the Children Act 1989 (c 41)” insert “ or under Part 2 of the Children and Families (Wales) Measure 2010 ”.W

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Commencement Information

I21Sch. 1 para. 23 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

24In section 101 (provision of information about children: Wales)—W

(a)in subsection (1)(a) for “Part 10A of the Children Act 1989 (c 41)” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”;

(b)in subsection (9), in the definition of “child minding” and “day care” for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.

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Commencement Information

I22Sch. 1 para. 24 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

National Health Service (Wales) Act 2006 (c. 42)W

25Amend the National Health Service (Wales) Act 2006 as follows.W

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Commencement Information

I23Sch. 1 para. 25 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

26In Schedule 1, paragraph 7A (weighing and measuring of children)—W

(a)in sub-paragraph (3) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”;

(b)in sub-paragraph (4) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.

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Commencement Information

I24Sch. 1 para. 26 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Safeguarding Vulnerable Groups Act 2006 (c. 47)W

27Amend the Safeguarding Vulnerable Groups Act 2006 as follows.W

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Commencement Information

I25Sch. 1 para. 27 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

28In Schedule 4—W

(a)in paragraph 1(6)(a) for “section 79D of the Children Act 1989 (c 41)” substitute “ section 21 of the Children and Families (Wales) Measure 2010 ”;

(b)in paragraph 1(6)(b), after “eight” insert “ (or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010) ”;

(c)in paragraph 3(2)(c), for “(within the meaning of section 79A of the Children Act 1989 (c 41))” substitute “ (within the meaning of section 19 of the Children and Families (Wales) Measure 2010) ”.

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Commencement Information

I26Sch. 1 para. 28 in force at 1.4.2011 by S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

(introduced by section 73)

SCHEDULE 2WREPEALS

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Commencement Information

I27Sch. 2 in force at 1.4.2011 for specified purposes by S.I. 2010/2582, art. 2, Sch. 1 (with art. 3, Sch. 2, Sch. 3)

Short title and chapterExtent of repeal
Children Act 1989 (c. 41)

In section 80(1), paragraph (i).

In section 80(5), paragraphs (h) and (hh).

In section 105, subsection (5A).

Part XA.

Schedule 9A.

Education Act 2002 (c. 32)Section 176.
Education Act 2005 (c. 18)In Schedule 7, paragraphs 5 and 6.
Childcare Act 2006 (c. 21)In Schedule 2, paragraphs 5 to 18.
Education and Inspections Act 2006 (c. 40)Section 167.
Education and Skills Act 2008 (c. 25)Section 158.

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