Search Legislation

Children’s Commissioner for Wales Act 2001

Status:

This is the original version (as it was originally enacted).

Children’s Commissioner for Wales Act 2001

2001 CHAPTER 18

An Act to make further provision about the Children’s Commissioner for Wales.

[11th May 2001]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Application of Part 5 of the Care Standards Act 2000

(1)Section 78 of the Care Standards Act 2000 (c. 14) (interpretation) is amended as follows.

(2)For subsection (1) substitute—

(1)This Part applies to a child—

(a)who is ordinarily resident in Wales;

(b)to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(c)to or in respect of whom regulated children’s services in Wales are provided.

(1A)Regulations may provide that, for the purposes of this Part of this Act, “child” includes a person aged 18 or over who falls within subsection (1B).

(1B)A person falls within this subsection if he is a person to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a county council or county borough council in Wales by virtue of—

(a)section 23C, 24, 24A or 24B of the Children Act 1989 (c. 41) (which provide for the continuing duties of such councils towards young persons); or

(b)regulations made under section 23D of that Act (which may provide for the appointment of personal advisers for certain young persons)..

(3)For subsection (6) substitute—

(6)Regulations may provide for the references to a child in subsection (1) to include references to a person (including a child) who was at any time (including a time before the commencement of this Part)—

(a)a child ordinarily resident in Wales;

(b)a child to or in respect of whom services were provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(c)a child to or in respect of whom regulated children’s services in Wales were provided..

2Principal aim of the Commissioner

After section 72 of the Care Standards Act 2000 (c. 14) (establishment of the office of the Children’s Commissioner for Wales) insert—

72APrincipal aim of the Commissioner

The principal aim of the Commissioner in exercising his functions is to safeguard and promote the rights and welfare of children to whom this Part applies..

3Review of exercise of functions of Assembly and other persons

(1)After section 72A of the Care Standards Act 2000 (which is inserted by section 2 above) insert—

72BReview of exercise of functions of Assembly and other persons

(1)The Commissioner may review the effect on children to whom this Part applies of—

(a)the exercise or proposed exercise of any function of the Assembly, including the making or proposed making of any subordinate legislation; or

(b)the exercise or proposed exercise in relation to Wales of any function of any person mentioned in Schedule 2A.

(2)The Assembly may by order amend this section or Schedule 2A by—

(a)adding any person to that Schedule;

(b)omitting any person from that Schedule;

(c)altering the description of any person mentioned in that Schedule; or

(d)making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, a function of the person which although exercisable in relation to Wales is not to be treated as such for the purposes of subsection (1)(b).

(3)An order under subsection (2) may add a person to Schedule 2A only if—

(a)some or all of the person’s functions are in a field in which the Assembly has functions;

(b)the person is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly; and

(c)(unless consent is given by the Secretary of State under subsection (4)), at least half of the person’s expenditure on the exercise of functions in relation to Wales (or, where the person’s functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly.

(4)An order under subsection (2) may add to Schedule 2A a person who does not satisfy the condition in subsection (3)(c) if the Secretary of State gives consent.

(5)An order under subsection (2) must not add to Schedule 2A a person whose sole or main activity is—

(a)the investigation of complaints by members of the public about the actions of any person; or

(b)the supervision or review of, or of steps taken following, such an investigation.

(6)The Assembly may not make an order under subsection (2) if the result would be that the Commissioner could review the effect of the exercise or proposed exercise of a person’s function in a field in which the Assembly does not have functions.

(7)In subsection (1)(a) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)..

(2)After Schedule 2 to the Care Standards Act 2000 (c. 14), insert the Schedule 2A contained in Part 1 of the Schedule to this Act.

4Review and monitoring of arrangements

(1)Section 73 of the Care Standards Act 2000 (review and monitoring of arrangements) is amended as follows.

(2)In subsection (1)—

(a)after “subsection (2),” insert “(2A), (2B), (2C),”; and

(b)for “to whom this Part applies.” substitute

(a)to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(b)to or in respect of whom regulated children’s services in Wales are provided..

(3)After that subsection insert—

(1A)The Commissioner may also assess the effect on such children of the failure of any person to make such arrangements..

(4)In subsection (2), for “in respect of such services made by or on behalf of children to whom this Part applies” substitute “about such services made by or on behalf of children to whom such services are provided”.

(5)After that subsection insert—

(2A)The arrangements falling within this subsection are the arrangements made by a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about services provided in Wales by the person to or in respect of the child.

(2B)The arrangements falling within this subsection are the arrangements made by a person providing services in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about a service which is so provided to or in respect of the child.

(2C)The arrangements falling within this subsection are the arrangements made by the Assembly for dealing with complaints or representations made by or on behalf of a child about a service which is provided in Wales to or in respect of the child by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B (other than the Assembly).

(6)In subsection (3)—

(a)for “or by the Assembly” substitute “by the Assembly, or by another person mentioned in Schedule 2B or subsection (2B)”;

(b)for “such services” substitute “the services mentioned in subsection (3A).”.

(7)After that subsection insert—

(3A)The services are—

(a)in the case of a person mentioned in Schedule 2B, services provided in Wales by the person to or in respect of a child;

(b)in the case of a person mentioned in subsection (2B), services provided in Wales by the person to or in respect of a child on behalf of, or under arrangements with, a person mentioned in Schedule 2B;

(c)in the case of a provider of regulated children’s services in Wales, those services..

(8)In subsection (4), for “to whom this Part applies” substitute

(i)to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or

(ii)to or in respect of whom regulated children’s services in Wales are provided.

(9)After subsection (5) insert—

(5A)The Assembly may by order amend this section or Schedule 2B by—

(a)adding any person to that Schedule;

(b)omitting any person from that Schedule;

(c)altering the description of any person mentioned in that Schedule; or

(d)making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, services which although provided by the person in Wales are not to be treated as such for the purposes of the exercise of the Commissioner’s functions.

(5B)An order under subsection (5A) may add a person to Schedule 2B only if—

(a)the person provides services in Wales to or in respect of children;

(b)some or all of the person’s functions are in a field in which the Assembly has functions;

(c)the person is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly; and

(d)(unless consent is given by the Secretary of State under subsection (5C)), at least half of the person’s expenditure on the exercise of functions in relation to Wales (or, where the person’s functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly.

(5C)An order may add to Schedule 2B a person who does not satisfy the condition in subsection (5B)(d) if the Secretary of State gives consent.

(5D)An order under subsection (5A) must not add to Schedule 2B a person whose sole or main activity is—

(a)the investigation of complaints by members of the public about the actions of any person; or

(b)the supervision or review of, or of steps taken following, such an investigation.

(5E)The Assembly may not make an order under subsection (5A) if the result would be that the Commissioner could exercise functions in relation to a person’s functions in a field in which the Assembly does not have functions..

(10)After Schedule 2A to the Care Standards Act 2000 (c. 14) (which is inserted by section 3(2) above), insert the Schedule 2B contained in Part II of the Schedule to this Act.

5Additional power of consideration and representation

(1)After section 75 of the Care Standards Act 2000 (c. 14) insert—

75AAdditional power of consideration and representation

(1)The Commissioner may consider, and make representations to the Assembly about, any matter affecting the rights or welfare of children in Wales.

(2)The function of the Commissioner under subsection (1) is exercisable only where he does not have power to consider and make representations about the matter in question by virtue of any other provision of this Act or any other enactment..

(2)In section 74 of that Act—

(a)in subsection (1), after “may” insert “, in connection with the Commissioner’s functions under this Part,”; and

(b)after that subsection insert—

(1A)The reference in subsection (1) to functions of the Commissioner does not include a reference to his power to consider and make representations by virtue of section 75A(1)..

6Further functions of the Commissioner

In section 76 of the Care Standards Act 2000 (c. 14) (further functions of the Commissioner)—

(a)in subsection (1), after paragraph (a) insert—

(aa)in making a complaint or representation to or in respect of a person mentioned in Schedule 2B or section 73(2B);;

(b)after that subsection insert—

(1A)The proceedings which may be prescribed by virtue of subsection (1)(b) are proceedings relating to—

(a)the exercise or proposed exercise of a function as mentioned in section 72B(1);

(b)the provision of services as mentioned in section 78(1)(b) or (c).; and

(c)after subsection (5) insert—

(5A)The references in subsections (4) and (5) to functions of the Commissioner do not include a reference to his power to consider and make representations by virtue of section 75A(1)..

7Consequential, etc. provision

In section 118(8) of the Care Standards Act 2000 (orders and regulations) after “regulations” insert “or an order”.

8Financial provisions

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

9Commencement, short title and extent

(1)This Act (apart from this section) shall come into force on such day as the Assembly may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(2)An order under subsection (1) may make such transitional or consequential provision as the Assembly considers appropriate.

(3)This Act may be cited as the Children’s Commissioner for Wales Act 2001.

(4)This Act does not extend to Scotland or Northern Ireland.

SCHEDULEPersons and arrangements subject to review

Part 1Schedule 2A to be inserted in the Care Standards Act 2000.

SCHEDULE 2APersons subject to review by the Commissioner under section 72B.

1Any county council, county borough council or community council in Wales.

2Any Health Authority for an area in, or consisting of, Wales.

3Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales.

4The National Council for Education and Training for Wales.

5Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales.

6Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales.

7Any institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992.

8Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section.

9Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).

10Her Majesty’s Chief Inspector of Education and Training in Wales.

11Any agricultural wages committee for an area wholly in, or consisting of, Wales.

12A National Park authority for a National Park in Wales.

13The Arts Council of Wales.

14The Care Council for Wales.

15The Countryside Council for Wales.

16The National Library of Wales.

17The National Museums and Galleries of Wales.

18The Qualifications, Curriculum and Assessment Authority for Wales.

19The Royal Commission on the Ancient and Historical Monuments of Wales.

20The Sports Council for Wales.

21The Wales Tourist Board.

22The Welsh Development Agency.

23The Welsh Language Board.

24The Welsh National Board for Nursing, Midwifery and Health Visiting.

Part 2Schedule 2B to be inserted in the Care Standards Act 2000.

SCHEDULE 2BPersons whose arrangements are subject to review by the Commissioner under section 73.

1The Assembly.

2Any county council or county borough council in Wales.

3Any Health Authority for an area in, or consisting of, Wales.

4Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales.

5The National Council for Education and Training for Wales.

6Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales.

7Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales.

8Any institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992.

9Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section.

10Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources