SCHEDULESCHEDULE TO BE INSERTED AS SCHEDULE 4 TO THE COMMENCEMENT NO. 2 ORDER
SCHEDULE 4CONSEQUENTIAL AMENDMENTS TO MISCELLANEOUS SUBORDINATE LEGISLATION
Rehabilitation of Offenders Act 1974 (Exceptions) Order 19751
1
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 19753 is amended as follows.
2
In article 2—
a
in paragraph (a) of the definition of “child minding”, for “section 79A of the Children Act 1989” substitute “section 19 of the Children and Families (Wales) Measure 2010”, and
b
in paragraph (a) of the definition of “day care”, for “section 79D(5) of the Children Act 1989” substitute “section 23(1) of the Children and Families (Wales) Measure 2010”.
Non-Domestic Rating (Demand Notices) (Wales) Regulations 19932
1
The Non-Domestic Rating (Demand Notices) (Wales) Regulations 19934 are amended as follows.
2
Schedule 2 (explanatory information for supply with rate demand notices) is amended as follows–
a
in Part I, in paragraph 1, under the heading “Small Business Rate Relief”, in paragraph (f), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
in Part II, in paragraph 1, under the heading “Rhyddhad Ardrethi i Fusnesau Bach”, in paragraph (dd), for “Ran XA o Deddf Plant 1989” substitute “Ran 2 o Fesur Plant a Theuluoedd (Cymru) 2010”.
Social Security Benefit (Computation of Earnings) Regulations 19963
1
The Social Security (Computation of Earnings) Regulations 19965 are amended as follows.
2
In Schedule 2 (childcare charges to be deducted in the calculation of earnings), in paragraph 2, in the definition of “relevant child care charges”—
a
in paragraph (e), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for paragraph (f) substitute—
f
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school referred to in article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
Housing Renewal Grants Regulations 19964
1
The Housing Renewal Grants Regulations 19966 are amended in relation to Wales as follows.
2
In regulation 19(7) (treatment of child care charges)—
a
in sub-paragraph (f), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for sub-paragraph (g) substitute—
g
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
Police Act 1997 (Criminal Records) Regulations 20025
1
The Police Act 1997 (Criminal Records) Regulations 20027 are amended as follows.
2
Regulation 2 (interpretation) is amended as follows—
a
in the definition of “child minding”, for “section 79A(2) of the Children Act 1989” substitute “section 19(2) of the Children and Families (Wales) Measure 2010”, and
b
in the definition of “day care”, for “section 79A(6) of the Children Act 1989” substitute “section 19(3) of the Children and Families (Wales) Measure 2010”.
3
In paragraph (g) of regulation 5A (enhanced criminal record certificates: prescribed purposes), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”. .
Disqualification from Caring for Children (England) Regulations 20026
1
The Disqualification from Caring for Children (England) Regulations 20028 are amended as follows.
2
In regulation 2(10) (grounds for disqualification)—
a
omit “or” where it appears after sub-paragraph (c), and
b
at the end of sub-paragraph (d) substitute a semi colon for the full stop and insert the following —
or
e
Part 2 of the Children and Families (Wales) Measure 2010.
Independent Schools (Provision of Information) (Wales) Regulations 20037
1
The Independent Schools (Provision of Information) (Wales) Regulations 20039 are amended as follows.
2
In Part 2 of the Schedule (information required in an application), in paragraph 3(7), for “paragraph 1(2) of Schedule 9A to the Childrens Act 1989” substitute “article 14 of the Child Minding and Day Care Exceptions (Wales) Order 201010”.
Disqualification from Caring for Children (Wales) Regulations 20048
1
The Disqualification from Caring for Children (Wales) Regulations 200411 are amended as follows.
2
In regulation 3 (interpretation)—
a
in paragraph (1), omit the definitions of—
i
“appropriate office” (“swyddfa briodol”), and
ii
“disqualified” (“wedi'i ddatgymhwyso / wedi'u datgymhwyso);
b
omit paragraph (2); and
c
re-number the existing provision in paragraph (1) as regulation 3.
3
In Part II of the Schedule, in paragraph 28 (refusal of registration, disqualification and cancellation of registration for provision of nurseries, day care or for child minding), after sub-paragraph (c), insert—
ca
Part 2 of the Children and Families (Wales) Measure 2010;
Government of Maintained Schools (Wales) Regulations 20059
1
The Government of Maintained Schools (Wales) Regulations 200512 are amended as follows.
2
In Schedule 5 (qualifications and disqualifications), in paragraph 9(bc) (persons whose employment is prohibited or restricted), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
Housing Benefit Regulations 200610
1
The Housing Benefit Regulations 200613 are amended as follows.
2
In regulation 28(8) (treatment of child care charges)—
a
in sub-paragraph (c), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for sub-paragraph (d) substitute—
d
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200611
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200614 are amended as follows.
2
In regulation 31(8) (treatment of child care charges)—
a
in sub-paragraph (c), “for Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for sub-paragraph (d) substitute—
d
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
Council Tax Benefit Regulations 200612
1
The Council Tax Benefit Regulations 200615 are amended as follows.
2
In regulation 18(8) (treatment of child care charges)—
a
in sub-paragraph (c), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for sub-paragraph (d) substitute—
d
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200613
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200616 are amended as follows.
2
In regulation 21(8) (treatment of child care charges)—
a
in sub-paragraph (c), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for sub-paragraph (d) substitute the following—
d
by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school or establishment referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;
Criminal Defence Service (Financial Eligibility) Regulations 200614
1
The Criminal Defence Service (Financial Eligibility) Regulations 200617 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “child care costs” —
a
in paragraph (d), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for paragraph (e) substitute—
e
persons referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010, in schools or establishments referred to in those articles;
Tax Credits (Approval of Child Care Providers) (Wales) Scheme 200715
1
The Tax Credits (Approval of Child Care Providers) (Wales) Scheme 200718 is amended as follows.
2
In article 5(3)(a) (qualifying child care), for “Part 10A of the 1989 Act” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
3
In article 11(2) (appeals), for “section 79M of the 1989 Act” substitute “section 37 of the Children and Families (Wales) Measure 2010”.
School Governance (Constitution) (England) Regulations 200716
1
The School Governance (Constitution) (England) Regulations 200719 are amended as follows.
2
In Schedule 6 (qualifications and disqualifications), in paragraph 9(d) (persons whose employment is prohibited or restricted), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
School Governance (New Schools) (England) Regulations 200717
1
The School Governance (New Schools) (England) Regulations 200720 are amended as follows.
2
In Schedule 2 (qualifications and disqualifications), in paragraph 8(d) (persons whose employment is prohibited or restricted), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
School Organisation (Requirements as to Foundations) (England) Regulations 200718
1
The School Organisation (Requirements as to Foundations) (England) Regulations 200721 are amended as follows.
2
In the Schedule (individuals disqualified from acting as charity trustees of a foundation), in paragraph 1(d), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 200719
1
The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 200722 are amended as follows.
2
In Schedule 2 (qualifications and disqualifications), in paragraph 8(d) (persons whose employment is prohibited or restricted), for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 200820
1
The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 200823 are amended as follows.
2
In regulation 2(1), in the definition of “childcare” (“gofal plant”)—
a
for “part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010, and
b
for “part 10A” substitute “Part 2”.
Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 200821
In regulation 5(2)(h) of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 200824 (prescribed descriptions of information), for paragraph (i) substitute—
i
the Welsh Ministers in pursuance of their functions as registration authority under Part 2 of the Children and Families (Wales) Measure 2010;
Non-Domestic Rating (Small Business Relief) (Wales) Order 200822
1
The Non-Domestic Rating (Small Business Relief) (Wales) Order 200825 is amended as follows.
2
In article 8(a) (conditions for relief – the child care conditions), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
Childcare (Disqualification) Regulations 200923
In paragraph 19 of Schedule 1 to the Childcare (Disqualification) Regulations 200926 (orders etc. relating to the care of children)—
a
omit “or” where it appears after sub-paragraph (h), and
b
at the end of sub-paragraph (i) substitute a semi colon for the full stop and insert the following—
or,
j
Part 2 of the Children and Families (Wales) Measure 2010.
Supreme Court Fees Order 200924
1
The Supreme Court Fees Order 200927 is amended as follows.
2
In Schedule 2 (remissions and part remissions), in paragraph 5(4) (disposable monthly income), in the definition of “child care costs”—
a
in paragraph (d), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
in paragraph (e), for “paragraph 1 or 2 of Schedule 9A to the Children Act 1989” substitute “article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010”.
Criminal Defence Service (Contribution Orders) Regulations 200925
1
The Criminal Defence Service (Contribution Orders) Regulations 200928 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “child care costs” —
a
in paragraph (d), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”, and
b
for paragraph (e) substitute—
e
persons referred to in article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010, in schools or establishments referred to in those articles;
Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 201026
1
The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 201029 are amended as follows.
2
In Schedule 7 (qualifications and disqualifications), in paragraph 9(d) (persons whose employment is prohibited or restricted), for “Part XA of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.
Child Minding and Day Care (Disqualification) (Wales) Regulations 201027
The Child Minding and Day Care (Disqualification) (Wales) Regulations 201030 are amended as follows—
a
in regulation 2(1) (interpretation)—
i
in the appropriate place in the alphabetical order, insert—
“the Measure” (“y Mesur”) means the Children and Families (Wales) Measure 2010;
ii
in the definition of “disqualified” (“wedi ei anghymhwyso / wedi eu hanghymhwyso”) for “Part 10A of the Act” substitute “Part 2 of the Measure”;
b
in regulation 2(2), for “Part 10A of the Act” substitute “Part 2 of the Measure”;
c
for regulation 10 (prescribed determination) substitute the following—
Prescribed determination10
For the purposes of section 37(2)(a) of the Measure (appeals), a determination by the Welsh Ministers as to whether to give consent to waive disqualification under regulation 9(1) is a prescribed determination.
d
in regulation 11(1) (duty of disclosure), for “Part 10A of the Act” substitute “Part 2 of the Measure”;
e
in paragraph 20 of Schedule 1 (orders etc relating to the care of children)—
i
after sub-paragraph (h) omit “or”, and
ii
at the end of sub-paragraph (i) substitute a semi colon for the full stop and insert the following—
or,
j
Part 2 of the Measure.