Rights of Children and Young Persons (Wales) Measure 2011 Explanatory Notes

Section 7 – Application to young persons

58.The purpose of the provisions in this section is to require consideration of, and allow potential for, the appropriate application in relation to young people of Part I of the Convention and its Optional Protocols, or provisions of this Measure.

59.Subsection (1) – This requires the Welsh Ministers to consider whether and to what extent the requirements of Part I of the Convention and its Optional Protocols may be relevant to young people, and whether and to what extent the provisions of this Measure could be applied to young people.

60.This includes considering whether Part I of the Convention and its Optional Protocols could be relevant to young people, or this Measure could be applied in relation to them, in an amended form.

61.“Young persons” is defined in section 9 and means 18 to 24 year olds (i.e., those who are under 25).

62.Subsection (2) - This requires that the first time the Welsh Ministers make and publish the children’s scheme, they must include in that scheme their proposals to carry out consultation on the relevance of Part I of the Convention and its Optional Protocols to young people, and on the potential application of the Measure to them.

63.Subsection (3) – This allows the Welsh Ministers, alongside the consultation under subsection (2), to also carry out consultation  about any other matter relating to young people which they consider appropriate. This may cover a consultation on whether there are other more appropriate ways to address the rights of young people.

64.Subsection (4) – This requires the Welsh Ministers to publish a report on their conclusions under subsection (1) as to the relevance of Part I of the Convention and its Optional Protocols to young people, and on the potential application of the Measure to them.

65.Subsection (5) – This requires the Welsh Ministers to lay before the Assembly a copy of the report which they have published under subsection (4).

66.Subsections (6) and (7) – These allow the Welsh Ministers by making an order to apply the whole of, or any provision of, this Measure in relation to young people.  They may do so in a modified form if that is what they consider appropriate. The Welsh Ministers may also make any other provision which they consider appropriate to apply the requirements of Part I of the Convention and its Optional Protocols in relation to young people.

67.Subsection (8) – This requires the Welsh Ministers, before making an order under subsection (6), to publish the order in draft and to consult whoever they consider appropriate about that draft.

68.The Welsh Ministers must not make an order using this power unless a draft of it has been laid before the Assembly and approved by a resolution of the Assembly (see section 10(2)).

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