2009 No. 3265 (W.286)

SOCIAL CARE, WALES
CHILDREN AND YOUNG PERSONS, WALES

The Children Act 1989 (Amendment of Miscellaneous Regulations) (No. 2) (Wales) Regulations 2009

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers make the following regulations in exercise of the power conferred on them by sections 79C and 104(4) of the Children Act 19891.

Title, commencement and application1

1

The title of these Regulations is the Children Act 1989 (Amendment of Miscellaneous Regulations) (No.2) (Wales) Regulations 2009 and they come into force on 20 January 2010.

2

These Regulations apply in relation to Wales.

Amendment of the Child Minding and Day Care (Wales) Regulations 200222

1

The Child Minding and Day Care Regulations (Wales) 2002 are amended in accordance with the following provisions of this regulation.

2

In regulation 2(1) in the line beginning “organisation” (“corff”) after “body corporate” add “or unincorporated association”.

3

In regulation 4(2)(b)(i) after “officer of the organisation” add “where that organisation is a body corporate or an officer or member of the governing body where the organisation is an unincorporated association”.

4

At the end of schedule 3 add —

14

The name, home address and telephone number of every current member of the committee or governing body of an unincorporated association.

Amendment of the Registration of Social Care and Independent Health Care (Wales) Regulations 200233

1

The Registration of Social Care and Independent Health Care (Wales) Regulations 2002 are amended in accordance with the following provisions of this regulation.

2

In regulation 2 in the definition of “organisation” after “corporate” add “and, in the case of provision of day care only, a body corporate or unincorporated association”.

3

Regulation 17(1)(e) and (2) are revoked.

4

In Regulation 17(1)(d) delete the words “except where paragraph (2) applies,”.

5

In Schedule 7 paragraph 2(a) after “and” add “,where the organisation is a body corporate,”;

6

In Schedule 8 paragraph 5 substitute “a body corporate” for “an organisation”.

Revocation4

The Children Act 1989 (Amendment of Miscellaneous Regulations) (Wales) Regulations 20094 are revoked.

Jane HuttMinister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

(This note is not part of the Regulations)

These Regulations revoke The Children Act 1989 (Amendment of Miscellaneous Regulations) (Wales) Regulations 2009 which contained drafting errors.

The Children Act 2004 extended the meaning of “organisation” in the Children Act 1989 to include an unincorporated association. These Regulations make amendments to the Childminding and Day Care (Wales) Regulations 2002 and the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 to give administrative effect to that amendment. They also amend the schedule of documents and information that an applicant for registration is required to provide where a person has been appointed to be in charge of day care.