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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the second Commencement Order made by the Secretary of State for Children, Schools and Families under the Children and Young Persons Act 2008 (“the Act”) which brings provisions of the Act into force only in relation to England.

Article 2(1) of the Order brings section 21 (which makes provision in relation to the entitlement to receive payment from a local authority in respect of higher education) of the Act fully into force on the day after the day on which this Order is made.

Article 2(2) brings provisions of the Act into force on 1st September 2009 as follows:

• article 2(2)(a) and (b) bring into force provisions which amend the regulation-making powers of the appropriate national authority in the Children Act 1989 (“the 1989 Act”) in respect of the accommodation and maintenance of looked after children;

• article 2(2)(c) to (e) bring into force provisions to enable the appropriate national authority to make regulations in respect of the appointment and functions of independent reviewing officers (sub-paragraph (c)), visits by representatives of the local authority to looked after children (sub-paragraph (d)), and independent visitors for children looked after by a local authority (sub-paragraph (e));

• article 2(2)(f) brings fully into force section 20 of the Act (which requires a maintained school to designate a member of staff for pupils looked after by a local authority);

• article 2(2)(g) brings into force provisions to enable the appropriate national authority to make regulations relating to the assessments required for the purpose of offering further assistance to care leavers under sections 23B(3) or 23CA of the 1989 Act;

• article 2(2)(h) brings into force provisions to enable the appropriate national authority to make regulations in respect of the local authority’s duties relating to breaks for carers of disabled children;

• article 2(2)(i) brings into force provisions to enable the appropriate national authority to make regulations in respect of the notification of enforcement action against persons carrying on or managing certain establishments or agencies; and

• article 2(2)(j), (k) and (l) bring into force provisions which amend the 1989 Act in respect of relatives’ entitlement to apply for residence and special guardianship orders and in respect of the duration of residence orders.