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The Children and Families Act 2014 (Commencement No. 2) Order 2014

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Statutory Instruments

2014 No. 889 (C. 38)

Children And Young Persons

Family Proceedings

The Children and Families Act 2014 (Commencement No. 2) Order 2014

Made

31st March 2014

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 139(6) and (7) of the Children and Families Act 2014(1):

Citation and Interpretation

1.  This Order may be cited as the Children and Families Act 2014 (Commencement No. 2) Order 2014.

2.  In this Order “the Act” means the Children and Families Act 2014.

Provisions coming into force on 1st April 2014

3.  The following provisions of the Act come into force on 1st April 2014 for the purposes of making orders or regulations only—

(a)sections 30 and 31;

(b)section 34;

(c)sections 36 and 37;

(d)section 41;

(e)sections 44 to 47;

(f)section 49;

(g)sections 51 and 52;

(h)section 56;

(i)section 67;

(j)section 69;

(k)section 80;

(l)section 84;

(m)Schedule 4.

Provisions coming into force on 22nd April 2014

4.  The following provisions of the Act come into force on 22nd April 2014—

(a)section 9;

(b)section 12;

(c)section 14;

(d)section 15(1) and (3);

(e)section 16;

(f)Schedule 2.

Provisions coming into force on 13th May 2014

5.  The following provisions of the Act come into force on 13th May 2014—

(a)section 4;

(b)section 7;

(c)section 78;

(d)sections 85 to 89;

(e)sections 98 and 99;

(f)Schedule 1.

Provisions coming into force on 25th July 2014

6.  The following provisions of the Act come into force on 25th July 2014—

(a)section 1, in relation to England only;

(b)sections 2 and 3;

(c)section 6;

(d)section 8.

Provisions coming into force on 1st September 2014

7.  The following provisions of the Act come into force on 1st September 2014—

(a)Part 3, to the extent that it is not already in force, save for—

(i)in section 70(1), the words “Subject to this section and sections 71 to 75,”;

(ii)sections 70(2) to 75;

(iii)paragraphs 55 to 58 of Schedule 3;

(b)section 84, to the extent that it is not already in force;

(c)section 100;

(d)section 106;

(e)Schedule 4, to the extent that it is not already in force.

Edward Timpson

Parliamentary Under Secretary of State

Department for Education

31st March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Children and Families Act 2014 on 1st April, 22nd April, 13th May, 25th July and 1st September 2014.

Article 3 commences certain sections of Part 3 (children and young people in England with special educational needs or disabilities) and section 84 and Schedule 4 (childminder agencies), for the purposes of making orders or regulations, on 1st April 2014.

Article 4 commences section 9 (contact: post adoption) and certain provisions of Part 2 (family justice) on 22nd April 2014 to coincide with the introduction of the single family court.

Article 5 commences section 4 (recruitment, assessment and approval of prospective adopters), section 7 (the Adoption and Children Act register), section 78 (making and approval of code), certain sections of Part 4 (childcare etc.) and sections 98 (arrangements for living with former foster parents after reaching adulthood) and 99 (promotion of educational achievement of children looked after by local authorities) on 13th May 2014.

Article 6 commences certain sections of Part 1 (adoption and contact) on 25th July 2014. Section 1 is brought into force in relation to England only.

Article 7 brings Part 3 (children and young people in England with special educational needs or disabilities) into force on 1st September 2014, to the extent that it is not already in force, except for sections 70 to 75 (detained persons) in respect of which only section 70(1) will be brought into force on that date, without the words “Subject to this section and sections 71 to 75”. The effect of this will be that the provisions in Part 3 which relate to young offenders will not be commenced for the time being.

Article 7 also commences section 84 and Schedule 4 (childminder agencies), in so far as they have not already been commenced, and commences section 100 (duty to support pupils with medical conditions) and section 106 (provision of free school lunches) on 1st September 2014.

NOTE AS TO AN EARLIER COMMENCEMENT ORDER

(This note is not part of the Order)

Sections 10, 13 and 17 come into force on 22nd April 2014 by virtue of a previous commencement order (S.I. 2014/793 (c.30)).

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