The Children and Young Persons Act 2008 (Commencement No.2) (England) Order 2009

Appointed days

2.  (1)  Section 21 of the Act (entitlement to payment in respect of higher education), in so far as it is not already in force, comes into force in relation to England on the day after the day on which this Order is made.

(2) 1st September 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England—

(a)section 8(1) (provision of accommodation and maintenance for children who are looked after by a local authority) in so far as it inserts into the 1989 Act(1)—

(i)section 22C(11), and

(ii)section 22F;

(b)section 8(2) and Schedule 1 in so far as they relate to paragraph 4 of that Schedule;

(c)section 10(1) (independent reviewing officers) in so far as it inserts, for the purpose only of enabling regulations to be made, sections 25A(4) and 25B(1)(b) and (d) and (2)(a) into the 1989 Act;

(d)section 15 (duty of local authority to ensure visits to looked after children and others) in so far as it inserts into the 1989 Act—

(i)for the purpose only of enabling regulations to be made, section 23ZA(3)(a), and

(ii)section 23ZA(4);

(e)section 16(1) (independent visitors for children looked after by a local authority) in so far as it inserts into the 1989 Act—

(i)for the purpose only of enabling regulations to be made, section 23ZB(1)(a), and

(ii)section 23ZB(9);

(f)section 20 (designated member of staff at school for pupils looked after by a local authority) in so far as it is not already in force;

(g)section 22(3) and (5) (assistance to pursue education or training) in so far as they insert section 23E(1B) and (1C) into the 1989 Act;

(h)section 25(4) (breaks from caring for disabled children) in so far as it inserts, for the purpose only of enabling regulations to made, sub-paragraph (2) into paragraph 6 of Schedule 2 to the 1989 Act;

(i)section 29 (notification of matters relating to persons carrying on or managing children’s homes etc) in so far as it inserts, for the purpose only of enabling regulations to be made, section 30A(3) and (4) into the 2000 Act(2);

(j)section 36 (entitlement of a relative to apply for a residence order);

(k)section 37 (duration of residence orders);

(l)section 38 (entitlement of a relative to apply for a special guardianship order); and

(m)section 42 and Schedule 4 (repeals) in so far as they relate to the repeal of the following provisions of the 1989 Act—

(i)section 12(5) and (6), and

(ii)the words “or 12(5)” in section 91(10).

(1)

“the 1989 Act” is defined in section 41 of the Children and Young Persons Act 2008 as meaning the Children Act 1989 (c.41).

(2)

“the 2000 Act” is defined in section 41 of the Children and Young Persons Act 2008 as meaning the Care Standards Act 2000 (c. 14).