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The Children’s Commissioner for Wales Act 2001 (Commencement) Order 2001

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Welsh Statutory Instruments

2001 No. 2783 (W.236)(C.93)

CHILDREN'S COMMISSIONER, WALES

The Children’s Commissioner for Wales Act 2001 (Commencement) Order 2001

Made

25th July 2001

The National Assembly for Wales makes the following Order in exercise of the powers conferred by section 9(1) of the Children’s Commissioner for Wales Act 2001(1):

Citation and interpretation

1.—(1) This Order may be cited as the Children’s Commissioner for Wales Act 2001 (Commencement) Order 2001.

(2) In this Order “the Act” (“y Ddeddf”) means the Children’s Commissioner for Wales Act 2001.

Appointed day

2.—(1) The provisions of the Act specified in paragraph (2) shall come into force in relation to Wales on 26th August 2001.

(2) The provisions are—

(a)Section 1 (application of Part 5 of the Care Standards Act 2000);

(b)Section 2 (principal aim of the Commissioner);

(c)Section 3 (review of exercise of functions of Assembly and other persons);

(d)Section 4 (review and monitoring of arrangements);

(e)Section 5, (additional power of consideration and representation);

(f)Section 6 (further functions of the Commissioner);

(g)Section 7 (consequential, etc. provision);

(h)Section 8 (financial provisions); and

(i)The Schedule (persons and arrangements subject to review).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

Rhodri Morgan

The first minister of the National Assembly for Wales

25th July 2001

Explanatory Note

(This note is not part of the Order)

This Order appoints 26th August 2001 for the following provisions of the Children’s Commissioner for Wales Act 2001 (“the 2001 Act”) to come into force:—

(a)Section 1, which amends section 78 (interpretation) of the Care Standards Act 2000 (“the 2000 Act”);

(b)Section 2, which inserts section 72A into the 2000 Act which provides that the principal aim of the Commissioner in exercising his or her functions is to safeguard and promote the rights and welfare of children to whom Part V of the 2000 Act applies;

(c)Section 3, which inserts section 72B into the 2000 Act which enables the Commissioner to review the effect of the exercise of functions of the National Assembly for Wales (“the Assembly”) and of other persons specified in Schedule 2A to the 2000 Act, which is also inserted by section 3. Section 72B provides for the Assembly to be able to amend Schedule 2A by order in certain circumstances;

(d)Section 4, which amends section 73 of the 2000 Act which deals with review and monitoring of certain complaints, advocacy and whistle-blowing arrangements and inserts Schedule 2B to the 2000 Act. In particular the amendments provide for the Assembly to be able to amend Schedule 2B by order in certain circumstances.

(e)Section 5, which inserts section 75A into the 2000 Act together with consequential amendments to section 74. Section 75A enables the Commissioner to consider, and make representations to the Assembly about, any matter affecting the rights or welfare of children in Wales;

(f)Section 6, which makes minor consequential amendments to section 76 of the 2000 Act;

(g)Section 7, which makes minor consequential amendments to section 118(8) of the 2000 Act;

(h)Section 8, which contains consequential financial provisions; and

(i)The Schedule, which inserts Schedules 2A and 2B into the 2000 Act.

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