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The Children and Young Persons Act 2008 (Commencement No.3, Saving and Transitional Provisions) Order 2010

S.I. 2010/2981 · Made 15 December 2010

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Children And Young Persons, England And Wales

Made 15th December 2010

The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 6(2) and 44(4) and (10) of the Children and Young Persons Act 2008 and with the consent of the Welsh Ministersf1:

Annotations to the whole text

Footnotes

f1

2008 c.23; by virtue of section 44(7) an Order bringing sections 17 or 18 into force requires the consent of the Welsh Ministers.

Contents

  1. 1Citation and interpretation
  2. 2Appointed day for provisions coming into force in relation to England and Wales
  3. 3Appointed days for provisions coming into force in relation to England
  4. 4Appointed days for provisions coming into force in relation to England
  5. 5Saving provision
  6. 6Transitional provision
  7. Signature
  8. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 3, Saving and Transitional Provisions) Order 2010.

(2)

In this Order “the Act” means the Children and Young Persons Act 2008.

2Appointed day for provisions coming into force in relation to England and Wales

1st April 2011 is the appointed day for the coming into force of the following provisions of the Act in relation to England and Wales—

(a)

section 17 (notification to appropriate officer of children in long-term care), and

(b)

section 18 (visits to children in long-term care) in so far as it is not already in force.

3Appointed days for provisions coming into force in relation to England

16th December 2010 is the appointed day for the coming into force of section 1 of the Act (power to enter into arrangements for discharge of care functions) in relation to the following local authorities—

(a)

Bristol City Council,

(b)

Coventry City Council,

(c)

Lincolnshire County Council,

(d)

Norfolk County Council,

(e)

North Tyneside Council,

(f)

Northumberland County Council,

(g)

Peterborough City Council,

(h)

South Tyneside Council,

(i)

Wakefield Council, and

(j)

Warwickshire County Council.

4Appointed days for provisions coming into force in relation to England

1st April 2011 is the appointed day for the coming into force of the following provisions of the Act in relation to England—

(a)

section 8 (provision of accommodation and maintenance for children who are looked after by a local authority) and Schedule 1 in so far as they are not already in force,

(b)

section 9 (general duty of local authority to secure sufficient accommodation),

(c)

section 10 (independent reviewing officers) in so far as it is not already in force,

(d)

section 15 (duty of local authority to ensure visits to looked after children and others) in so far as it is not already in force,

(e)

section 16 (independent visitors for children looked after by a local authority) in so far as it is not already in force,

(f)

section 19 (support for accommodated children),

(g)

section 22 (assistance to pursue education or training) in so far as it is not already in force,

(h)

section 23 (extension of entitlements to personal adviser and to assistance in connection with education or training) in so far as it is not already in force,

(i)

section 24 (extension of power to make payments in cash),

(j)

section 25 (breaks from caring for disabled children) in so far as it is not already in force,

(k)

section 29 (notification of matters relating to persons carrying on or managing children’s homes etc) in so far as it is not already in force, and

(l)

section 42 and Schedule 4 (repeals) in so far as they relate to the repeals set out in that Schedule which are not already commenced, with the exception of-

(i)

the repeal relating to section 5(1A) of the Care Standards Act 2000f1, and

(ii)

the repeals relating to the Act.

5Saving provision

Despite the coming into force of section 10(3) of the Act in accordance with article 4(c) and the associated repeal in Schedule 4 of the Act in accordance with article 4(l), section 26 of the 1989 Actf1 continues to have effect without amendment for the purposes of paragraph 10(2)(l) of Schedule 6 to the 1989 Actf2.

6Transitional provision

Despite the coming into force of section 22 of the Act in accordance with article 4(g), section 23CA(1) of the 1989 Act applies only where the notification referred to in section 23CA(1)(c) is given on or after 1st April 2011.

Signature

Tim Loughton

Parliamentary Under Secretary of State

Department for Education

15th December 2010

Explanatory note

(This note is not part of the Order)

This Order is the third Commencement Order made by the Secretary of State under the Children and Young Persons Act 2008 (“the Act”) which brings provisions of the Act into force in relation to England and Wales.

Article 2 brings the following provisions of the Act into force on 1st April 2011 in relation to England and Wales: section 17, and section 18 (in so far as it is not already in force).

Article 3 brings section 1 of the Act into force on 16th December 2010 in relation to ten specified local authorities. Section 1 (which was commenced in relation to six other local authorities on 16th February 2009) provides that a local authority may enter into arrangements with a provider of social work services for the discharge by that provider of some or all of the relevant care functions of that authority.

Article 4 brings the following provisions of the Act into force on 1st April 2011 in relation to England:

(i)

section 8 and Schedule 1 (in so far as they are not already in force),

(ii)

section 9,

(iii)

sections 10, 15 and 16 (in so far as they are not already in force),

(iv)

section 19,

(v)

sections 22 and 23 (in so far as they are not already in force),

(vi)

section 24,

(vii)

sections 25 and 29 (in so far as they are not already in force)

(viii)

section 42 and Schedule 4 (in so far as they give effect to repeals set out in that Schedule which are not already in force, but with the exception of repeals relating to section 5(1A) of the Care Standards Act 2000 and the Act itself).

Article 5 provides that despite the amendments made to section 26 of the Children Act 1989 by the coming into force of provisions in this Order, section 26 continues to have effect without those amendments 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).

Article 6 provides that section 23CA(1) of the Children Act 1989 (further assistance to pursue education or training) which is inserted by this Order has effect only in relation to a person falling within that sub-section if they inform the relevant local authority on or after 1st April 2011 that they are pursuing, or wish to pursue, a programme of education or training.