The Children and Young Persons Act 2008 (Commencement No.3, Saving and Transitional Provisions) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the third Commencement Order made by the Secretary of State under the Children and Young Persons Act 2008 (“the Act”) which brings provisions of the Act into force in relation to England and Wales.

Article 2 brings the following provisions of the Act into force on 1st April 2011 in relation to England and Wales: section 17, and section 18 (in so far as it is not already in force).

Article 3 brings section 1 of the Act into force on 16th December 2010 in relation to ten specified local authorities. Section 1 (which was commenced in relation to six other local authorities on 16th February 2009) provides that a local authority may 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.

Article 4 brings the following provisions of the Act into force on 1st April 2011 in relation to England:

(i)section 8 and Schedule 1 (in so far as they are not already in force),

(ii)section 9,

(iii)sections 10, 15 and 16 (in so far as they are not already in force),

(iv)section 19,

(v)sections 22 and 23 (in so far as they are not already in force),

(vi)section 24,

(vii)sections 25 and 29 (in so far as they are not already in force)

(viii)section 42 and Schedule 4 (in so far as they give effect to repeals set out in that Schedule which are not already in force, but with the exception of repeals relating to section 5(1A) of the Care Standards Act 2000 and the Act itself).

Article 5 provides that despite the amendments made to section 26 of the Children Act 1989 by the coming into force of provisions in this Order, section 26 continues to have effect without those amendments for the purposes of making regulations under paragraph 10(2)(l) of Schedule 6 to the Children Act 1989 (regulations as to the placing of children in private children’s homes).

Article 6 provides that section 23CA(1) of the Children Act 1989 (further assistance to pursue education or training) which is inserted by this Order has effect only in relation to a person falling within that sub-section if they inform the relevant local authority on or after 1st April 2011 that they are pursuing, or wish to pursue, a programme of education or training.