The Children and Young Persons Act 2008 (Commencement No. 9) (Wales) Order 2017

Made: 26 September 2017

The Welsh Ministers, in exercise of the powers conferred by section 44(3) and (5) of the Children and Young Persons Act 2008 and with the consent of the Secretary of State[^f00001], make the following Order:

Title and interpretation

1

• (1) The title of this Order is the Children and Young Persons Act 2008 (Commencement No. 9) (Wales) Order 2017.

• (2) In this Order “the Act” (“y Ddeddf”) means the Children and Young Persons Act 2008.

Appointed day

2

1 December 2017 is the appointed day for the coming into force in relation to Wales of the following provisions of the Act—

• (a) section 8(2) and Schedule 1 (children looked after by local authorities: supplementary and consequential provisions) in so far as they relate to paragraph 19 of that Schedule;

• (b) section 10(2) (independent reviewing officers);

• (c) section 42 and Schedule 4 (repeals) in so far as they relate to the repeal as specified in that Schedule of provisions in—

• (i) section 59 of the Children Act 1989[^f00002];

• (ii) section 105(1) of the Children Act 1989;

• (iii) section 806(5) of the Income Tax (Trading and Other Income) Act 2005[^f00003];

• (iv) section 18(8)(a) of the Childcare Act 2006[^f00004][^f00005].

Signed

Rebecca Evans — Minister for Social Services and Public Health under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers — 26 September 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the ninth Commencement Order made by the Welsh Ministers under the Children and Young Persons Act 2008 (“the Act”), which brings specified provisions of the Act in force in relation to Wales.

Article 2 provides that 1 December 2017 is the appointed day for the coming into force in relation to Wales of the provisions of the Act listed below—

• (a) section 8(2) and Schedule 1 in so far as they relate to paragraph 19 of that Schedule;

• (b) section 10(2);

• (c) section 42 and Schedule 4 (repeals) in so far as they relate to the repeal as specified in that Schedule of provisions in—

• (i) sections 59 and 105(1) of the Children Act 1989,

• (ii) section 806(5) of the Income Tax (Trading and Other Income) Act 2005,

• (iii) section 18(8)(a) of the Childcare Act 2006.

Paragraph 19 of Schedule 1 makes amendments to the meaning of “childcare” in section 18(8)(a) of the Childcare Act 2006.

Section 10(2) inserts section 25C into the Children Act 1989, which contains a regulation making power for the Lord Chancellor to extend the statutory functions of Independent Reviewing Officers (who have functions under the Children Act 1989 in relation to children who are looked after by local authorities).

Footnotes

[^f00001]: 2008 c. 23. By virtue of section 44(6) of the Act an Order bringing section 10(2) into force in relation to Wales requires the consent of the Secretary of State.

[^f00002]: 1989 c. 41.

[^f00003]: 2005 c. 5.

[^f00004]: 2006 c. 21.

[^f00005]: The repeals in the provisions listed in article 2(c)(i) to (iv) as specified in Schedule 4 to the Act have already been commenced in relation to England by S.I. 2010/2981.

[^f00006]: The Carers and Disabled Children Act 2000 (c. 16) was repealed (subject to savings) by S.I. 2016/413 (W. 131), regulation 77. Section 7(1) of that Act (which inserted section 17B into the Children Act 1989 (“the 1989 Act”)) was commenced in relation to England by S.I. 2003/1183, article 2 and was prospectively amended so that it applied only in relation to Wales by S.I. 2015/914, Schedule 1, paragraph 47(2). Section 17B of the 1989 Act was repealed by S.I. 2016/413 (W. 131) without having been commenced in relation to Wales.