Search Legislation

Children and Young Persons Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Children and Young Persons Act 2008, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 8(2)

SCHEDULE 1E+W+SChildren looked after by local authorities: supplementary and consequential provisions

This schedule has no associated Explanatory Notes

The 1989 ActE+W

1E+WIn section 17(5)(a) of the 1989 Act (facilitation of provision by others of services local authority provide under provisions of Part 3 of that Act)—

(a)for “the authority have power” substitute “it is a function of the authority ”; and

(b)for “23” substitute “22A to 22C ”.

Commencement Information

I1Sch. 1 para. 1 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I2Sch. 1 para. 1 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

2(1)Section 59 of that Act (accommodation by voluntary organisations) is amended as follows.E+W

(2)In subsection (1)(aa), for “an appropriate children's home” substitute “a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 ”.

(3)In subsection (1A) for “local authority” substitute “voluntary organisation ”.

(4)In subsection (2) omit the words from “and” to the end.

(5)In subsection (3) omit the words from “and” to the end.

(6)After subsection (3) insert—

(3A)Regulations under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.

(7)For subsection (5) substitute—

(5A)Regulations under subsection (4) may, in particular—

(a)apply with modifications any provision of section 25A or 25B;

(b)make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.

Commencement Information

I3Sch. 1 para. 2 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

I4Sch. 1 para. 2(1)-(3) in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I5Sch. 1 para. 2(4)-(7) in force at 15.11.2010 for E. by S.I. 2010/2714, art. 2(a)

3(1)Section 105(1) of that Act (interpretation of certain expressions) is amended as follows.E+W

(2)Omit the definition of “appropriate children's home”.

(3)For the definition of “children's home” substitute—

children's home” has the same meaning as it has for the purposes of the Care Standards Act 2000 (see section 1 of that Act);.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I6Sch. 1 para. 3 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I7Sch. 1 para. 3(1)-(3) in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

4E+WIn Part 2 of Schedule 2 to that Act (children looked after by local authorities) for paragraphs 12 to 14 substitute—

Regulations as to conditions under which child in care is allowed to live with parent, etcE+W

12ARegulations under section 22C may, in particular, impose requirements on a local authority as to—

(a)the making of any decision by a local authority to allow a child in their care to live with any person falling within section 22C(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made);

(b)the supervision or medical examination of the child concerned;

(c)the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom the child has been allowed to live;

(d)the records to be kept by local authorities.

Regulations as to placements of a kind specified in section 22C(6)(d)E+W

12BRegulations under section 22C as to placements of the kind specified in section 22C(6)(d) may, in particular, make provision as to—

(a)the persons to be notified of any proposed arrangements;

(b)the opportunities such persons are to have to make representations in relation to the arrangements proposed;

(c)the persons to be notified of any proposed changes in arrangements;

(d)the records to be kept by local authorities;

(e)the supervision by local authorities of any arrangements made.

Placements out of areaE+W

12CRegulations under section 22C may, in particular, impose requirements which a local authority must comply with—

(a)before a child looked after by them is provided with accommodation at a place outside the area of the authority; or

(b)if the child's welfare requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be prescribed.

Avoidance of disruption in educationE+W

12D(1)Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a child's placement if he is in the fourth key stage.

(2)A child is “in the fourth key stage” if he is a pupil in the fourth key stage for the purposes of Part 6 or 7 of the Education 2002 (see section 82 and 103 of that Act).

Regulations as to placing of children with local authority foster parentsE+W

12ERegulations under section 22C may, in particular, make provision—

(a)with regard to the welfare of children placed with local authority foster parents;

(b)as to the arrangements to be made by local authorities in connection with the health and education of such children;

(c)as to the records to be kept by local authorities;

(d)for securing that where possible the local authority foster parent with whom a child is to be placed is—

(i)of the same religious persuasion as the child; or

(ii)gives an undertaking that the child will be brought up in that religious persuasion;

(e)for securing the children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it.

12F(1)Regulations under section 22C may, in particular, also make provision—

(a)for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed;

(b)establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the appropriate national authority for a review of that determination by a panel constituted by that national authority.

(2)A determination is a qualifying determination if—

(a)it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent; and

(b)it is of a prescribed description.

(3)Regulations made by virtue of sub-paragraph (1)(b) may include provision as to—

(a)the duties and powers of a panel;

(b)the administration and procedures of a panel;

(c)the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment);

(d)the payment of fees to members of a panel;

(e)the duties of any person in connection with a review conducted under the regulations;

(f)the monitoring of any such reviews.

(4)Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the appropriate national authority such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.

(5)The appropriate national authority must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions.

(6)The appropriate national authority may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf.

(7)If the appropriate national authority makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority.

(8)The arrangement may include provision for payments to be made to the organisation by the appropriate national authority.

(9)Payments made by the appropriate national authority in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions.

(10)Where the Welsh Ministers are the appropriate national authority, sub-paragraphs (6) and (8) also apply as if references to an organisation included references to the Secretary of State.

(11)In this paragraph—

  • financial year” means a period of twelve months ending with 31st March;

  • independent review function” means a function conferred or imposed on a national authority by regulations made by virtue of sub-paragraph (1)(b);

  • organisation” includes a public body and a private or voluntary organisation.

12GRegulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged on their behalf.

Commencement Information

I8Sch. 1 para. 4 in force at 1.9.2009 for E. by S.I. 2009/2273, art. 2(2)(b)

I9Sch. 1 para. 4 in force at 26.4.2010 for W. by S.I. 2010/1329, art. 2(b)

5E+WIn paragraph 21(5) of that Schedule (liability to contribute towards maintenance of looked after child) for “allowed by the authority (under section 23(5)) to live with” substitute “living with, under arrangements made by the authority in accordance with section 22C, ”.

Commencement Information

I10Sch. 1 para. 5 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I11Sch. 1 para. 5 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

6E+WIn paragraph 9 of Schedule 8 (accommodation of children during school holidays) in the second sentence of sub-paragraph (1) for “an appropriate children's home” substitute “a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 ”.

Commencement Information

I12Sch. 1 para. 6 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I13Sch. 1 para. 6 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

7E+WIn paragraph 2(1) of Schedule 9A (exemption of certain establishments from Part 10A), in paragraph (a) for “an appropriate children's home” substitute “a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 ”.

Commencement Information

I14Sch. 1 para. 7 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Criminal Justice Act 1991 (c. 53)E+W

F28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I15Sch. 1 para. 8 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Children (Scotland) Act 1995 (c. 36)E+W+S

9E+W+SIn section 26 of the Children (Scotland) Act 1995 (manner in which accommodation is to be provided) for subsection (2)(b)(i) substitute—

(i)a local authority in England and Wales could place the child in a placement falling within section 22C(6)(c) of the Children Act 1989;.

Commencement Information

I16Sch. 1 para. 9 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

10E+WIn paragraph 5A(3) of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000 (requirement in supervision order to live with local authority foster parent for specified period) for “23(2)(a)” substitute “22C ”.

Commencement Information

I17Sch. 1 para. 10 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Care Standards Act 2000 (c. 14)E+W

11E+WIn section 22 of the Care Standards Act 2000 (regulation of establishments and agencies), in subsection (2)(e), for “23(2)(a)” substitute “22C ”>.

Commencement Information

I18Sch. 1 para. 11 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

12E+WIn section 31 of that Act (inspection of establishments and agencies by authorised persons), in subsection (3)(b), for “23(2)(a)” substitute “22C ”.

Commencement Information

I19Sch. 1 para. 12 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

13E+WIn section 43(1) (local authority services: meaning of “relevant adoption functions” and “relevant fostering functions” for paragraph (b) substitute—

(b)relevant fostering functions” means functions under section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F.

Commencement Information

I20Sch. 1 para. 13 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Adoption and Children Act 2002 (c. 38)E+W

14E+WIn Schedule 6 to the Adoption and Children Act 2002 (glossary giving certain expressions used in that Act the meaning given by the Children Act 1989 (c. 41)), in the entry relating to “local authority foster parent” for “23(3)” substitute “22C(12) ”.

Commencement Information

I21Sch. 1 para. 14 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Sexual Offences Act 2003 (c. 42)E+W

15E+WIn section 21 of the Sexual Offences Act 2003 (positions of trust) in subsection (3)(a) for “under section 23(2)” substitute “in accordance with section 22C(6) ”.

Commencement Information

I22Sch. 1 para. 15 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I23Sch. 1 para. 15 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

16E+WIn section 27 of that Act (family relationships) in subsection (5)(c) for sub-paragraph (i) substitute

(i)he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6)(a) or (b) of that section (placement with local authority foster parent),

(ia)he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),.

Commencement Information

I24Sch. 1 para. 16 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(e)

I25Sch. 1 para. 16 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

Children Act 2004 (c. 31)E+W

17E+WIn section 49(1)(a) of the Children Act 2004 (payments to local authority foster parents) for “23(2)(a)” substitute “22C ”.

Commencement Information

I26Sch. 1 para. 17 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I27Sch. 1 para. 17 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

Income Tax (Trading and Other Income) Act 2005 (c. 5)E+W

18(1)Section 806 of the Income Tax (Trading and Other Income) Act 2005 (meaning of providing foster care) is amended as follows.E+W

(2)In subsection (3)(a) for “23(2)(a)” substitute “22C ”.

(3)In subsection (5)—

(a)after paragraph (c) omit “and”; and

(b)after paragraph (d) insert ; and

(e)an individual with whom the child is placed under a placement falling within section 22C(6)(d) of the Children Act 1989.

Commencement Information

I28Sch. 1 para. 18 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I29Sch. 1 para. 18 in force at 6.4.2016 for W. by S.I. 2016/452, art. 2(b)

Childcare Act 2006 (c. 21)E+W

19(1)Section 18 of the Childcare Act 2006 (meaning of childcare) is amended as follows.E+W

(2)For subsection (5)(a)(i) substitute—

(i)a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000,.

(3)In subsection (8)—

(a)in paragraph (a) omit “ “appropriate children's home”,”; and

(b)in paragraph (b) after “ “care home”,” insert “ “children's home”, ”.

Commencement Information

I30Sch. 1 para. 19 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

I31Sch. 1 para. 19 in force at 1.12.2017 for W. by S.I. 2017/948, art. 2(a)

Safeguarding Vulnerable Groups Act 2006 (c. 47)E+W

20E+WIn section 53(7)(a) of the Safeguarding Vulnerable Groups Act 2006 (meaning of foster parent) omit “of section 23(2)(a)”.

Commencement Information

I32Sch. 1 para. 20 in force at 1.4.2011 for E. by S.I. 2010/2981, art. 4(a)

Criminal Justice and Immigration Act 2008E+W

F321E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources