Welsh Statutory Instruments
Children And Young Persons, Wales
Made
26 March 2016
The Welsh Ministers, in exercise of the powers conferred by section 44 of the Children and Young Persons Act 2008(1) make the following Order:
1.—(1) The title of this Order is the Children and Young Persons Act 2008 (Commencement No. 8 and Saving Provision) (Wales) Order 2016.
(2) In this Order “the Act” (“y Ddeddf”) means the Children and Young Persons Act 2008.
2. The following provisions of the Act (which make amendments to the Children Act 1989(2)) come into force in relation to Wales on 6 April 2016—
(a)section 8(1)(3) (provision of accommodation and maintenance for children who are looked after by a local authority) (to the extent not already in force);
(b)section 8(2) in so far as it relates to Schedule 1, paragraphs 1, 2, 3(1), (2) and (3), 5, 6 15, 16, 17, 18 and 21;
(c)section 10(1) and (3)(4) (independent reviewing officers) (to the extent not already in force) and Schedule 4 (repeals) in so far as it relates to the repeal of section 26(2)(k) and (2A) to (2D) of the Children Act 1989;
(d)section 16(5) (independent visitors for children looked after by a local authority) (to the extent not already in force).
3. Despite the coming into force of section 10(3) of the Act in accordance with article 2(c), section 26 of the Children Act 1989 continues to have effect without amendment for the purposes of paragraph 10(2)(l) of Schedule 6 to the Children Act 1989 (regulations as to the placing of children in private children’s homes).
Mark Drakeford
Minister for Health and Social Services, one of the Welsh Ministers
26 March 2016
(This note is not part of the Order)
This is the eighth Commencement Order made by the Welsh Ministers under the Children and Young Persons Act 2008 (“the Act”) which brings specified provisions of the Act into force in relation to Wales.
Article 2 of this Order provides that section 8(1) and 8(2) in so far as that subsection relates to specified paragraphs of Schedule 1, and sections 10 and 16 of the Act come into force on 6 April 2016 (in so far as they are not already in force).
Section 8 replaces section 23 of the Children Act 1989 (“the 1989 Act”) with new sections 22A to 22F. It re-enacts the duties on local authorities to provide accommodation for children who are in their care (new section 22A) and to maintain all looked after children in other respects apart from the provision of accommodation (new section 22B).
Section 10(1) and (3) replaces section 26(2)(k) and (2A) to (2D) of the 1989 Act with new sections 25A and 25B that set out: requirements regarding the appointment of an Independent Reviewing Officer (‘IRO’) for each looked after child; the IRO’s functions; and an associated provision enabling the functions of CAFCASS officers and Welsh family proceedings officers to be extended.
Section 16 replaces paragraph 17 of Schedule 2 to the 1989 Act, extending the group of looked after children for whom an independent person must be appointed to visit, befriend and advise the child, to include all those for whom an appointment would be in their interests. The appropriate national authority may by regulations extend those to whom the duty is owed to other prescribed groups of looked after children (subsection (1)(a)).
Article 3 contains a saving provision which provides that despite the amendments made to section 26 of the 1989 Act by the coming into force of provision within section 10(3) of the Act, section 26 continues to have effect without amendment for the purposes of making regulations under paragraph 10(2)(l) of Schedule 6 to the Children Act 1989 (regulations as to the placing of children in private children’s homes).
(This note is not part of the Order)
The following provisions of this Act have been brought into force in relation to Wales by Commencement Order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 8(1) (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 8(2) (partially) and paragraph 4 of Schedule 1 | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 8(3) and Schedule 2 | 31 March 2010 | 2010/749 (W. 77) (C. 51) |
| Section 10(1) (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 15 (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 15 (in so far as not already in force) | 28 March 2011 | 2011/949 (W. 135) (C. 37) |
| Section 16(1) (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 19 | 28 March 2011 | 2011/949 (W. 135) (C. 37) |
| Section 20(3) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 20 (in so far as it is not already in force) | 1 September 2011 | 2011/949 (W. 135) (C. 37) |
| Section 21(2) (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 21 (in so far as not already in force) | 18 March 2011 | 2011/824 (W. 123) (C. 32) |
| Section 22(3) and (5) (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 22 (in so far as not already in force) | 19 June 2012 | 2012/1553 (W. 206) (C. 58) |
| Section 23(1) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 23 (in so far as not already in force) | 19 June 2012 | 2012/1553 (W. 206) (C. 58) |
| Section 24 | 19 June 2012 | 2012/1553 (W. 206) (C. 58) |
| Section 25(4) (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 25 (in so far as not already in force) | 19 June 2012 | 2012/1553 (W. 206) (C. 58) |
| Section 27 | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 28 | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 29 (partially) | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 29 (in so far as it is not already in force) | 28 March 2011 | 2011/949 (W. 135) (C. 37) |
| Section 30 | 6 April 2009 | 2009/728 (W. 64) (C. 47) |
| Section 33 | 26 April 2010 | 2010/1329 (W. 112) (C. 81) |
| Section 34 | 31 March 2010 | 2010/749 (W. 77) (C. 51) |
| Section 35 | 6 April 2009 | 2009/728 (W. 64) (C. 47) |
| Section 36 | 1 September 2009 | 2009/1921 (W. 175) (C. 91) |
| Section 37 | 1 September 2009 | 2009/1921 (W. 175) (C. 91) |
| Section 38 | 1 September 2009 | 2009/1921 (W. 175) (C. 91) |
| Section 42 and Schedule 4 in so far as they relate to the repeal of section 49(5) of the 1989 Act | 6 April 2009 | 2009/728 (W. 64) (C. 47) |
| Section 42 and Schedule 4 in so far as they relate to the repeal of section 12(5) and (6) and the repeal in part of section 91(1) of the 1989 Act | 1 September 2009 | 2009/1921 (W. 175) (C. 91) |
| Section 42 and Schedule 4 in so far as they relate to the repeal in part of section 12 of the Adoption and Children Act 2002 | 31 March 2010 | 2010/749 (W. 77) (C. 51) |
| Section 42 and Schedule 4 in so far as they relate to the repeal of section 104 of the 1989 Act and to the repeal in part of section 21 of the Care Standards Act 2000 | 28 March 2011 | 2011/949 (W. 135) (C. 37) |
| Section 42 and Schedule 4 in so far as they relate to the repeal in part of section 17(6), the repeal of section 23B(4) to (7) and the repeal in part of paragraph 6(1) of Schedule 2 | 19 June 2012 | 2012/1553 (W. 206) (C. 58) |
The following provisions of the Act have been brought into force in relation to England and Wales by Commencement Order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 17 | 1 April 2011 | 2010/2981 (C. 131) |
| Section 18 (partially) | 1 January 2010 | 2009/3354 (C. 154) |
| Section 18 (in so far as it is not already in force) | 1 April 2011 | 2010/2981 (C. 131) |
| Section 31 | 1 April 2009 | 2009/268 (C. 11) |
| Section 32 | 1 April 2009 | 2009/268 (C. 11) |
Various provisions of the Act have been brought into force in relation to England by the following Commencement Orders made before the date of this Order:
See also section 44(1) and (2) of the Act for the provisions that came into force on 13 November 2008 (date of Royal Assent).
See also section 44(9) for the provision which will come into force on the same day as section 7(1) of the Carers and Disabled Children Act 2000 (c. 16) comes into force for the purpose of inserting section 17B into the 1989 Act in relation to Wales(6).
Section 8 was commenced in part by article 2(a) of the Children and Young Persons Act 2008 (Commencement No. 3) (Wales) Order 2010 (2010/749 (W. 77) (C. 51)) and in part by article 2(a) and (b) of the Children and Young Persons Act 2008 (Commencement No. 4) (Wales) Order 2010 (2010/1329 (W. 112) (C. 81)) (“the No. 4 Commencement Order”).
Section 10 was commenced in part by the No. 4 Commencement Order.
Section 16 was commenced in part by the No. 4 Commencement Order.
The appointed day for the coming into force of section 7(1) of the Carers and Disabled Children Act 2000 is 6 April 2016.