Statutory Instruments
2010 No. 2981 (C. 131)
Children And Young Persons, England And Wales
The Children and Young Persons Act 2008 (Commencement No.3, Saving and Transitional Provisions) Order 2010
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 Ministers( 1 ):
Citation and interpretation
1. —(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.
Appointed day for provisions coming into force in relation to England and Wales
2. 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.
Appointed days for provisions coming into force in relation to England
3. 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.
4. 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 2000( 2 ), and
(ii) the repeals relating to the Act.
Saving provision
5. 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 Act( 3 ) continues to have effect without amendment for the purposes of paragraph 10(2)(l) of Schedule 6 to the 1989 Act( 4 ).
Transitional provision
6. 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.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
15th December 2010
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.
By virtue of section 41 of the Act, “the 1989 Act” means the Children Act 1989 (c.41) .
Paragraph 10(2)(l) of Schedule 6 to the 1989 Act provides that regulations made under paragraph 10 in relation to children placed in private children’s homes may make provision similar to that made by regulations under section 26. A “private children’s home” is defined in section 105(1) of the 1989 Act as meaning a children’s home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 which is not a community home or a voluntary home.