Explanatory Note
(This note is not part of the Order)
This Order appoints a day for certain provisions of the Care Standards Act 2000 (“the 2000 Act”) to come into force concerning the Children’s Commissioner for Wales (“the Commissioner”). Some of the provisions are inserted by the Children’s Commissioner for Wales Act 2001 (“the 2001 Act”) to which the Children’s Commissioner for Wales Act 2001 (Commencement) Order 2001 applies.
26th August 2001 is the day appointed for the following provisions of the 2000 Act to come into force:
(a)Section 72A, inserted by the 2001 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;
(b)Section 72B, inserted by the 2001 Act, which enables the Commissioner to review the effect on children of the exercise of any function of the National Assembly for Wales (“the Assembly”) or of persons mentioned in Schedule 2A to the 2000 Act, as inserted by the 2001 Act;
(c)Section 73, as amended by the 2001 Act, which enables the Commissioner to review and monitor the operation of, and assess the effect of failure to make, arrangements for complaints, advocacy and whistleblowing by providers of children’s services regulated under the 2000 Act, the Assembly, persons mentioned in Schedule 2B to the 2000 Act, as inserted by the 2001 Act, and certain other persons;
(d)Section 74, as amended by the 2001 Act, which enables the Assembly to make regulations and makes other provision about examinations of particular cases by the Commissioner;
(e)Section 75, which enables the Commissioner to certify an offence to the High Court in the case of certain obstructive behaviour;
(f)Section 75A, as inserted by the 2001 Act, which concerns the Commissioner’s power to consider, and make representations to the Assembly about, any matter affecting the rights or welfare of children in Wales;
(g)Section 76, as amended by the 2001 Act, which enables the Assembly to make regulations about financial and other assistance which the Commissioner may provide in certain cases, and about reports and other powers and duties which the Assembly may give the Commissioner in connection with his functions under Part V of the 2000 Act. Section 76 also enables the Commissioner to give advice and information to anyone, in connection with his functions, deals with the naming of individuals in reports and confers absolute privilege on the contents of the Commissioner’s reports;
(h)Section 77, which provides for restrictions on the Commissioner’s functions in relation to certain proceedings and in relation to the functions of persons prescribed by regulations made by the Assembly;
(i)Section 78, as amended by the 2001 Act, which contains interpretation provisions and enables the Assembly to make regulations slightly extending the Commissioner’s jurisdiction in relation to certain children;
(j)Schedules 2A and 2B mentioned above, as inserted by the 2001 Act; and
(k)Paragraph 3 of Schedule 5 which makes transitional provision treating references to providers and services as references to providers and services which would be regulated pursuant to the 2000 Act, if certain other provisions of the 2000 Act were in force.