Title

1.  The title of this Order is the Children and Young Persons Act 2008 (Commencement No. 5) (Wales) Order 2011.

Appointed day

2.  18 March 2011 is the appointed day for the coming into force of the following provisions of the Children and Young Persons Act 2008 in respect of entitlement to payment in respect of higher education—

(a)section 21(1), (3) and (4); and

(b)section 21(2) in so far as not already commenced by article 2(g) of the Children and Young Persons Act 2008 (Commencement No. 4) (Wales) Order 2010(2).

Explanatory Note

(This note is not part of the Order)

This Order is the fifth Commencement Order made by the Welsh Ministers under the Children and Young Persons Act 2008 (c. 23) (“the 2008 Act”) which brings specified provisions of the 2008 Act into force in relation to Wales.

This Order appoints 18 March 2011 as the day on which section 21 of the 2008 Act is brought into force in relation to Wales in so far as not already brought into force by the Children and Young Persons Act 2008 (Commencement No. 4) (Wales) Order 2010 (S.I. 2010/1329 (W.112) (C.81)).

Subsections (1) to (3) of section 21 of the 2008 Act amend section 23C of the Children Act 1989 (“the 1989 Act”). Section 21(2) inserts new subsections (5A) to (5C), which enable the Welsh Ministers to make regulations:

• prescribing the relevant amount (higher education bursary) payable under section 23C(5A) of the 1989 Act by a local authority;

• prescribing the meaning of “higher education” for the purpose of the higher education bursary;

• which make provision as to payment of the higher education bursary; and

• which make provision as to the circumstances in which the higher education bursary may be recovered by the local authority.

Section 21(4) inserts a new subsection (2A) to section 776 of the Income Tax (Trading and Other Income) Act 2005 (c. 5). The new subsection makes provision for no income tax liability to arise on higher education bursaries.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provision of the 2008 Act have been brought into force in relation to Wales by Commencement Orders made before the date of this Order:

The following provisions have been brought into force in relation to England and Wales by Commencement Order made before the date of this Order:

The following provisions are to be brought into force in relation to England and Wales by Commencement Order made before the date of this Order:

Various provisions of the 2008 Act have been brought into force in relation to England by the following Commencement Orders made before the date of this Order:

• S.I. 2009/268 (C.11)

• S.I. 2009/323 (C.15)

• S.I. 2009/2273 (C.99)

• S.I. 2009/3354 (C.154)

• S.I. 2010/2714 (C.126)

• S.I. 2010/2981 (C.131)

See also section 44(1) and (2) of the 2008 Act for the provisions that came into force on 13 November 2008 (date of Royal Assent).

See also section 44(9) of the 2008 Act for the provision which will come into force on the same day as section 7(1) of the Carers and Disabled Children Act 2000 (c. 16) comes into force for the purpose of inserting section 17B into the 1989 Act in relation to Wales.