Children Act 2004

Local Safeguarding Children Boards E+W

31 Establishment of LSCBs in Wales E+W

(1) Each [F1 local authority] in Wales must establish a Local Safeguarding Children Board for their area.

(2) A Board established under this section must include such representative or representatives of—

(a) the authority by which it is established, and

(b) each Board partner of that authority,

as the Assembly may by regulations prescribe.

(3) For the purposes of this section each of the following is a Board partner of a [F1 local authority] in Wales—

(a) the chief officer of police for a police area any part of which falls within the area of the authority;

(b) a local probation board for an area any part of which falls within the area of the authority;

[F2 (ba) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;

(bb) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Board partner of the authority;]

(c) a youth offending team for an area any part of which falls within the area of the authority;

(d) a Local Health Board for an area any part of which falls within the area of the authority;

(e) an NHS trust providing services in the area of the authority;

(f) the governor of any secure training centre within the area of the authority (or, in the case of a contracted out secure training centre, its director);

(g) the governor of any prison in the area of the authority which ordinarily detains children (or, in the case of a contracted out prison, its director).

(4) Regulations under subsection (2) that make provision in relation to a Board partner referred to in subsection (3)(a) to (c), (f) or (g) may only be made with the consent of the Secretary of State.

(5) A [F1 local authority] in Wales must take reasonable steps to ensure that the Local Safeguarding Children Board established by them includes representatives of relevant persons and bodies of such descriptions as may be prescribed by the Assembly in regulations.

(6) A Local Safeguarding Children Board established under this section may also include representatives of such other relevant persons or bodies as the authority by which it is established consider, after consulting their Board partners, should be represented on it.

(7) For the purposes of subsections (5) and (6), relevant persons and bodies are persons and bodies of any nature exercising functions or engaged in activities relating to children in the area of the authority in question.

(8) In the establishment and operation of a Local Safeguarding Children Board under this section—

(a) the authority establishing it must co-operate with each of their Board partners; and

(b) each Board partner must co-operate with the authority.

(9) Two or more [F3 local authorities] in Wales may discharge their respective duties under subsection (1) by establishing a Local Safeguarding Children Board for their combined area (and where they do so, any reference in this section and sections 32 to 34 to the authority establishing the Board shall be read as a reference to the authorities establishing it).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in Pt. 3 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(5)

F2 S. 31(3)(ba)(bb) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 4(7); S.I. 2008/504, art. 3

F3 Words in Pt. 3 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(5)

Commencement Information

I1 S. 31 not in force at Royal Assent see s. 67(3); s. 31 in force for W. at 1.10.2006 by S.I. 2006/870, art. 2(2)

32 Functions and procedure of LSCBs in Wales E+W

(1) The objective of a Local Safeguarding Children Board established under section 31 is—

(a) to co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area of the authority by which it is established; and

(b) to ensure the effectiveness of what is done by each such person or body for those purposes.

(2) A Local Safeguarding Children Board established under section 31 is to have such functions in relation to its objective as the Assembly may by regulations prescribe (which may in particular include functions of review or investigation).

(3) The Assembly may by regulations make provision as to the procedures to be followed by a Local Safeguarding Children Board established under section 31.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2 S. 32 not in force at Royal Assent see s. 67(3); s. 32 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

Prospective

[F4 32A Supply of information requested by LSCBs in Wales E+W

(1) If a Local Safeguarding Children Board established under section 31 requests a person or body to supply information specified in the request to—

(a) the Board, or

(b) another person or body specified in the request,

the request must be complied with if the first and second conditions are met and either the third or fourth condition is met.

(2) The first condition is that the request is made for the purpose of enabling or assisting the Board to perform its functions.

(3) The second condition is that the request is made to a person or body whose functions or activities are considered by the Board to be such that the person or body is likely to have information relevant to the exercise of a function by the Board.

(4) The third condition is that the information relates to—

(a) the person or body to whom the request is made,

(b) a function or activity of that person or body, or

(c) a person in respect of whom a function is exercisable, or an activity is engaged in, by that person or body.

(5) The fourth condition is that the information—

(a) is information requested by the Board from a person or body to whom information was supplied in compliance with another request under this section, and

(b) is the same as, or is derived from, information so supplied.

(6) The information may be used by the Board, or other person or body to whom it is supplied under subsection (1), only for the purpose of enabling or assisting the Board to perform its functions.

(7) A Local Safeguarding Children Board must have regard to any guidance given to it by the Welsh Ministers in connection with the exercise of its functions under this section.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 S. 32A inserted (prosp.) by Children, Schools and Families Act 2010 (c. 26), ss. 9, 29 (with s. 27)

33 Funding of LSCBs in Wales E+W

(1) Any person or body specified in subsection (3) may make payments towards expenditure incurred by, or for purposes connected with, a Local Safeguarding Children Board established under section 31—

(a) by making the payments directly; or

(b) by contributing to a fund out of which the payments may be made.

(2) Any person or body specified in subsection (3) may provide staff, goods, services, accommodation or other resources for purposes connected with a Local Safeguarding Children Board established under section 31.

(3) The persons and bodies referred to in subsections (1) and (2) are—

(a) the [F5 local authority] in Wales by which the Board is established;

(b) any person who is a Board partner of the authority under section 31(3)(a) to (e);

(c) in a case where the governor of a secure training centre or prison is a Board partner of the authority, the Secretary of State; and

(d) in a case where the director of a contracted out secure training centre or prison is a Board partner of the authority, the contractor.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5 Words in Pt. 3 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(5)

Commencement Information

I3 S. 33 not in force at Royal Assent see s. 67(3); s. 33 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

34 LSCBs in Wales: supplementary E+W

(1) The Assembly may by regulations make provision as to the functions of [F6 local authorities] in Wales relating to Local Safeguarding Children Boards established by them.

(2) A [F7 local authority] in Wales and each of their Board partners must, in exercising their functions relating to a Local Safeguarding Children Board, have regard to any guidance given to them for the purpose by the Assembly.

(3) The Assembly must obtain the consent of the Secretary of State before giving guidance under subsection (2) at any time after the coming into force of any of paragraphs (a) to (c), (f) or (g) of section 31(3).

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6 Words in Pt. 3 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(5)

F7 Words in Pt. 3 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(5)

Commencement Information

I4 S. 34 not in force at Royal Assent see s. 67(3); s. 34 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)