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The Children (Leaving Care) (Amendment) (Wales) Regulations 2002

W.S.I. 2002/1855 · Made 16 July 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CHILDREN AND YOUNG PERSONS, WALES

Made 16th July 2002

Coming into force 1 August 2002

The National Assembly for Wales, in exercise of the powers conferred by sections 23A(3) and 104(4) and paragraph 19B(3) of Schedule 2 to the Children Act 1989f1, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1989 c. 41.Section 23A(3) is inserted by the Children (Leaving Care) Act 2000. The functions of the Secretary of State under these provisions are transferred to the National Assembly for Wales in relation to Wales by virtue of article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 8(7) of the 2000 Act. “Prescribed” is defined in section 105(1) of the Children Act 1989.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Children (Leaving Care) (Wales) Regulations 2001
  3. Signature
  4. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Children (Leaving Care) (Amendment) (Wales) Regulations 2002 and shall come into force on 1st August 2002.

(2)

These Regulations shall apply to Wales only.

2Amendment of the Children (Leaving Care) (Wales) Regulations 2001

The Children (Leaving Care) (Wales) Regulations 2001f1 are amended as follows—

(a)

in Regulation 3 (Eligible children), paragraph (2)(b) is omitted,

(b)

in Regulation 4 (Relevant children)—

(i)

for paragraph (4) there is substituted—

“(4)

Subject to paragraph (6), any child who has lived with a person falling within section 23(4) of the Act (“a family placement”) for a continuous period of six months or more is not to be a relevant child despite falling within section 23A(2).”;

(ii)

after paragraph (5) there is inserted—

“(6)

Where

(a)

a family placement within the meaning of paragraph (4) breaks down and the child ceases to live with the person concerned, and

(b)

six months have elapsed since that family placement began,

the child is to be treated as a relevant child.”.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1

D. Elis-Thomas

The Presiding Officer of the National Assembly

16th July 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Children (Leaving Care) Regulations 2001 (“the 2001 Regulations”). The 2001 Regulations make provision about support for children and young people aged 16 and over, who are, or have been, looked after by a local authority.

Regulation 3 of the 2001 Regulations is amended so that children placed with a parent, a person with parental responsibility or someone with a residence order in their favour under section 23(4) of the Children Act 1989 and who are subject to a care order, are eligible for local authority assistance.

Regulation 4 of the 2001 Regulations is amended so that children who have spent 6 months or more living with a parent, a person with parental responsibility or someone with a residence order in their favour, will still be eligible for local authority assistance if the placement subsequently breaks down.