- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Each [F1local 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 [F1local 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 [F1local 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 [F3local 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).
(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.
(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.]
(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 [F5local 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.
(1)The Assembly may by regulations make provision as to the functions of [F6local authorities] in Wales relating to Local Safeguarding Children Boards established by them.
(2)A [F7local 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).
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: