The Children and Young Persons Act 2008 (Commencement No. 4) (Wales) Order 2010

Explanatory Note

(This note is not part of the Order)

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

Article 2 of the Order brings into force on 26 April 2010 the following:

• article 2(a) and (b) brings into force provisions which amend the regulation-making powers of the appropriate national authority (the Welsh Ministers in relation to Wales) in the Children Act 1989 (“the 1989 Act”) in respect of accommodation and maintenance of looked after children;

• article 2(c) to (e) brings into force provisions to enable the appropriate national authority to make regulations in respect of the appointment and functions of independent reviewing officers (sub-paragraph (c)), visits by representatives of the local authority to looked after children (sub-paragraph (d)) and independent visitors for children looked after by a local authority (sub-paragraph (e));

• article 2(f) brings into force section 20(3) of the Act, which provides for the appropriate national authority to make regulations requiring the governing body of a maintained school to designate a member of staff as having responsibility for promoting the educational achievement of pupils at a school who are looked after by a local authority;

• article 2(g) brings into force provisions to enable the appropriate national authority to make regulations in relation to entitlements to payment in respect of higher education under section 23C(5B) of the 1989 Act;

• article 2(h) brings into force provisions to enable the appropriate national authority to make regulations relating to the assessments required for the purposes of offering further assistance to care leavers under sections 23B(3) or 23CA of the 1989 Act;

• article 2(i) brings into force section 23(1) of the Act, which amends the regulation-making power in section 28D(1) of the 1989 Act so that regulations under that section will be able to require the appointment of a personal adviser for certain young persons who are under the age of 25;

• article 2(j) brings into force provisions to enable the appropriate national authority to make regulations in respect of the local authority’s duties relating to breaks for carers of disabled children;

• article 2(k) to (m) brings into force sections 27 to 29 of the Act. These sections amend the Care Standards Act 2000 to confer additional powers and duties upon the registration authority in relation to standards in social care settings for children;

• article 2(n) brings into force section 33 of the Act, which makes provision in relation to research and returns of information under the 1989 Act.