The Review of Children’s Cases (Amendment No.2 and Transitional Arrangements) (England) Regulations 2004

This Statutory Instrument has been made in consequence of a defect in S.I. 2004/1419 and is being issued free of charge to all known recipients of the Statutory Instrument

Statutory Instruments

2004 No. 2253

CHILDREN AND YOUNG PERSONS

The Review of Children’s Cases (Amendment No.2 and Transitional Arrangements) (England) Regulations 2004

Made

1st September 2004

Laid before Parliament

6th September 2004

Coming into force

27th September 2004

The Secretary of State in exercise of the powers conferred by sections 26(1) to (2B), 59(4) (a) and (5) and 104(4) of, and paragraph 10 of Schedule 6 to, the Children Act 1989(1) hereby makes the following Regulations:

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Review of Children’s Cases (Amendment No.2 and Transitional Arrangements)(England) Regulations 2004 and shall come into force on the 27^th September 2004.

(2) These Regulations apply in relation to England only.

(3) In these Regulations “the principal Regulations” means the Review of Children’s Cases Regulations 1991(2).

Amendment of the Review of Children’s Cases Regulations 1991

2.—(1) The principal Regulations are amended as follows.

(2) In regulation 2A(2) after “General Social Care Council” insert “or by the Care Council for Wales”.

Transitional arrangements for the appointment of independent reviewing officers

3.  Regulation 2A(2) of the principal Regulations (requirement to be registered as a social worker) does not apply to an independent reviewing officer appointed during the period from 27^th September 2004 to 31^st March 2005 provided—

(a) he has a qualification which is accepted by the General Social Care Council under section 58 of the Care Standards Act 2000(3) for the purposes of registration as a social worker, or

(b) he has a qualification obtained elsewhere than in the UK and holds a Letter of Verification issued by the Central Council for Education and Training in Social Work(4) or by the General Social Care Council,

but regulation 2A(2) shall apply to that person from 1^st April 2005.

Margaret Hodge

Minister of State,

Department for Education and Skills

1st September 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations makes further provision in relation to persons appointed as independent reviewing officers under regulation 2A of the Review of Children’s Cases Regulations 1991 (the principal Regulations). Regulation 2A was inserted by the Review of Children’s Cases (Amendment) (England) Regulations 2004, which come into force on 27^th September 2004.

The further provision made by these Regulations relates to the requirement in regulation 2A(2) of the principal Regulations for the person appointed as an independent reviewing officer to be registered as a social worker.

Regulation 2 of these Regulations amends regulation 2A(2) of the principal Regulations by adding a reference to the register maintained by the Care Council for Wales. This corrects a previous omission.

Regulation 3 provides for a transitional period from 27^th September 2004 to 31^st March 2005 during which registration is not compulsory if the person has qualifications that would be acceptable for the purposes of registration by the General Social Care Council.

These Regulations do not impose any costs on business.

(1)

1989 c. 41. Section 118 of the Adoption and Children Act 2002 (c. 38) amended the powers to make regulations in section 26(2) of the Act and inserted subsections (2A) to (2C) in section 26.

(2)

S.I.1991/895, amended in respect of England and Wales by S.I. 1991/2033, 1993/3069, 1995/2015, 1997/649, in respect of England only by S.I 2002/546 and S.I. 2004/1419.

(3)

2000 c. 14.

(4)

This body was the predecessor to the General Social Care Council.