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The Children and Young Persons Act 2008 (Commencement No. 1) (England) Order 2009

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Statutory Instruments

2009 No. 323 (C. 15)

Children And Young Persons, England

The Children and Young Persons Act 2008 (Commencement No. 1) (England) Order 2009

Made

12th February 2009

The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by sections 6(2) and 44(4) of the Children and Young Persons Act 2008(1).

Citation

1.  This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 1) (England) Order 2009.

Appointed day

2.  16th February 2009 is the appointed day for the coming into force of the following provisions of the Children and Young Persons Act 2008 in relation to England—

(a)section 1 (power to enter into arrangements for discharge of care functions) but only in relation to the local authorities specified in article 3,

(b)sections 2 (restrictions on arrangements under section 1), 3 (effect of arrangements under section 1) and 5 (functions under Part 1 to be social services functions), and

(c)in so far as it is not already in force, section 6 (piloting and expiry of arrangements under Part 1).

Pilot local authorities

3.  The local authorities specified for the purpose of article 2(a) are—

(a)Liverpool City Council,

(b)Kent County Council,

(c)Sandwell Metropolitan Borough Council,

(d)Blackburn with Darwen Borough Council,

(e)Hillingdon London Borough Council, and

(f)Staffordshire County Council.

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

12th February 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the first Commencement Order made by the Secretary of State for Children, Schools and Families under the Children and Young Persons Act 2008 (“the Act”) which only brings provisions of the Act into force in relation to England.

Article 2 of the Order brings into force on 16th February 2009 the following provisions of the Act: sections 1, 2, 3, 5 and, in so far as it is not already in force, 6. Sections 1, 2, 3, 5 and 6 of the Act make provision for the delivery of social work services for children and young persons. Section 1 of the Act provides that a local authority may to 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. Section 2 provides for restrictions on arrangements under section 1. Section 3 provides for the effect of arrangements under section 1. Section 5 amends the Local Authority Social Services Act 1970 to provide for functions under Part 1 of the Act to be social services functions. Section 6 provides for the piloting and expiry of arrangements under section 1; article 2(a) of the Order limits the piloting of such arrangements to the local authorities specified in article 3.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 6 partially, in relation to England12th February 2009S.I. 2009/268 (C.11)
Section 8 partially, in relation to England12th February 2009S.I. 2009/268 (C.11)
Section 20 partially, in relation to England12th February 2009S.I. 2009/268 (C.11)
Section 21 partially, in relation to England12th February 2009S.I. 2009/268 (C.11)
(2)*Section 30 in relation to England6th April 2009S.I. 2009/268 (C.11)
*Section 311st April 2009S.I. 2009/268 (C.11)
*Section 321st April 2009S.I. 2009/268 (C.11)
Section 33 in relation to England12th February 2009S.I. 2009/268 (C.11)
Section 34 partially, in relation to England12th February 2009S.I. 2009/268 (C.11)
*Section 34 in so far as not already in force, in relation to England1st April 2009S.I. 2009/268 (C.11)
Section 35 in relation to England12th February 2009S.I. 2009/268 (C.11)
*Section 42 partially, in relation to England1st April 2009S.I. 2009/268 (C.11)
*Section 42 partially, in relation to England6th April 2009S.I. 2009/268 (C.11)
Schedule 2 in relation to England12th February 2009S.I. 2009/268 (C.11)
*Schedule 4 partially, in relation to England1st April 2009S.I. 2009/268 (C.11)
*Schedule 4 partially, in relation to England6th April 2009S.I. 2009/268 (C.11)
(2)

On the date this Commencement Order is made the commencement date of provisions marked * has not been reached.

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