Statutory Instruments
2005 No. 394 (C.18)
CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES
The Children Act 2004 (Commencement No. 1) Order 2005
Made
25th February 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred upon her by section 67(2), (7)(a), (c), (e) and (h) of, and paragraph (a) of Parts 1 to 4 of Schedule 5 to, the Children Act 2004( 1 ), hereby makes the following Order:–
Citation, interpretation and application
1. —(1) This Order may be cited as the Children Act 2004 (Commencement No. 1) Order 2005.
(2) In this Order “the Act” means the Children Act 2004.
(3) This Order applies to England except for Article 2(1)(j) which applies to England and Wales.
Provisions coming into force
2. —(1) The following provisions of the Act shall come into force on 1st March 2005—
(a) section 11(arrangements to safeguard and promote welfare) for the purposes of making an order under section 11(1)(d);
(b) sections 13 (establishment of LSCBs), 14 (functions and procedure of LSCBs) and 16 (LSCBs: supplementary) for the purposes of making regulations;
(c) section 17 (children and young people’s plans);
(d) sections 20 (joint area reviews), 21 (framework), 22 (co-operation and delegation) and 23 (sections 20 to 22: interpretation);
(e) section 48 (child minding and day care) and paragraph 1 of Schedule 4 in so far as they relate to paragraphs 2, 5 and 7 to 9 of Schedule 4;
(f) section 50 (intervention);
(g) section 53 (ascertaining children’s wishes);
(h) section 54 (information about individual children);
(i) section 57 (fees payable to adoption review panel members);
(j) section 60 (child safety orders);
(k) paragraphs 2, 5 and 7 to 9 of Schedule 4;
(l) Part 1 of Schedule 5; and
(m) Part 2 of Schedule 5 in so far as it relates to section 79G(2) of, and paragraph 4(3A)(b) of Schedule 9A to, the Children Act 1989( 2 ).
(2) The following provisions of the Act shall come into force on 1st April 2005—
(a) section 10 (co-operation to improve well-being);
(b) section 18 (director of children’s services);
(c) section 24 (performance rating of social services);
(d) section 44 (amendments to notification scheme) for the purposes of making regulations;
(e) section 51 (inspection of local education authorities);
(f) section 55 (social services committees); and
(g) Parts 3 and 4 of Schedule 5.
(3) The following provisions of the Act shall come into force on 1st July 2005—
(a) section 44 (amendments to notification scheme) in so far as it is not already in force; and
(b) section 52 (duty of local authorities to promote educational achievement).
(4)Section 11 (arrangements to safeguard and promote welfare) shall come into force on 1st October 2005 in so far as it is not already in force.
Margaret Hodge
Minister of State
Department for Education and Skills
25th February 2005