Children and Young Persons Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Children and Young Persons Bill [HL]

Children and Young Persons Bill [HL]
Part 5 — Supplementary, General and Final Provisions
28

General
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Orders, regulations and guidance
(1)
Any order or regulations made by the Secretary of State or the Welsh Ministers
under this Act must be made by statutory instrument.
(2)
A statutory instrument containing provision made by the Secretary of State
5
under section 1(6) or (7) or section 12 may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House of
Parliament.
(3)
Any other statutory instrument containing provision made by the Secretary of
State is subject to annulment in pursuance of a resolution of either House of
10
Parliament.
(4)
A statutory instrument containing provision made by the Welsh Ministers
under section 1(6) or (7) may not be made unless a draft of the instrument has
been laid before and approved by a resolution of the National Assembly for
Wales.
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(5)
A statutory instrument containing provision made under section 13 may not be
made unless—
(a)
a draft of the instrument has been laid before and approved by a
resolution of the National Assembly for Wales, and
(b)
having been so approved, has been laid before and approved by a
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resolution of each House of Parliament.
(6)
As soon as reasonably practicable after the resolution required by subsection
(5)(a) has been passed, the First Minister must ensure that notice in writing of
the resolution and a copy of the draft of the statutory instrument is sent to the
Secretary of State.
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(7)
On receipt of a draft of a statutory instrument under subsection (6) the
Secretary of State must as soon as reasonably practicable lay it before each
House of Parliament.
(8)
Paragraph (b) of subsection (5) and subsections (6) and (7) cease to have effect
on the making of an order under section 105 of the Government of Wales Act
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2006 (c. 32) bringing the Assembly Act provisions into force.
(9)
In subsection (8) “the Assembly Act provisions” has the same meaning as in the
Government of Wales Act 2006 (see section 103(8) of that Act).
(10)
Any other statutory instrument containing provision made by the Welsh
Ministers is subject to annulment in pursuance of a resolution of the National
35
Assembly for Wales.
(11)
Subsections (3) and (10) do not apply to a statutory instrument containing only
provision made under section 44.
(12)
Any power to make regulations under this Act includes power to make—
(a)
different provision for different cases;
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(b)
such supplemental or consequential provisions as appear to the
Secretary of State or, as the case may, the Welsh Ministers to be
appropriate.

Children and Young Persons Bill [HL]
Part 5 — Supplementary, General and Final Provisions
29

(13)
Any power under this Act to give guidance includes power to give different
guidance for different cases.
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Interpretation
In this Act—
“the 1989 Act” means the Children Act 1989 (c. 41);
5
“the 2000 Act” means the Care Standards Act 2000 (c. 14).
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Repeals
The provisions specified in Schedule 3 are repealed to the extent there
specified.
Final
10
43
Extent
(1)
Subject to subsection (2), this Act extends to England and Wales only.
(2)
Paragraph 9 of Schedule 1 also extends to Scotland.
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Commencement
(1)
Section 8 and this Part come into force on the day on which this Act is passed.
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(2)
The reference in subsection (1) to this Part does not include—
(a)
paragraph 4 of Schedule 2 (which comes into force in accordance with
subsection (9)); and
(b)
section 42 and Schedule 3 (which come into force in accordance with
subsections (3) and (4)).
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(3)
In relation to Wales, the provisions specified in subsection (5) come into force
on such day as the Welsh Ministers may by order appoint.
(4)
Otherwise the provisions of this Act come into force on such day as the
Secretary of State may by order appoint.
(5)
The provisions are—
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(a)
Parts 1 to 4 (except sections 8, 18, 19, 31 and 32);
(b)
section 42 and Schedule 3.
(6)
An order under this section bringing subsection (2) of section 11 into force in
relation to Wales requires the consent of the Secretary of State.
(7)
An order under this section bringing section 18 or 19 into force requires the
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consent of the Welsh Ministers.
(8)
Before making an order bringing section 31 or 32 into force, the Secretary of
State must consult the Welsh Ministers.
(9)
Paragraph 4 of Schedule 2 comes 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
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purpose of inserting section 17B into the 1989 Act in relation to Wales.
(10)
An order under this section may—

Children and Young Persons Bill [HL]
Part 5 — Supplementary, General and Final Provisions
30

(a)
appoint different days for different purposes;
(b)
include transitional, saving or transitory provision.
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Short title
This Act may be cited as the Children and Young Persons Act 2008.

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Children and Young Persons Bill [HL]
Schedule 1 — Children looked after by local authorities: supplementary and consequential provisions

Schedules
Schedule 1
Section 9(2)

Children looked after by local authorities: supplementary and consequential
provisions
The 1989 Act
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1
In section 17(5)(a) of the 1989 Act (facilitation of provision by others of
services local authority provide under provisions of Part 3 of that Act)—
(a)
for “the authority have power” substitute “it is a function of the
authority”; and
(b)
for “23” substitute “22A to 22C”.
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2     (1)
Section 59 of that Act (accommodation by voluntary organisations) is
amended as follows.
      (2)
In subsection (1)(aa), for “an appropriate children’s home” substitute “a
children’s home in respect of which a person is registered under Part 2 of the
Care Standards Act 2000”.
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      (3)
In subsection (1A) for “local authority” substitute “voluntary organisation”.
      (4)
In subsection (2) omit the words from “and” to the end.
      (5)
In subsection (3) omit the words from “and” to the end.
      (6)
After subsection (3) insert—
“(3A)
Regulations under subsection (2) or (3) may in particular make
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provision which (with any necessary modifications) is similar to that
which may be made under section 22C by virtue of any of
paragraphs 12B, 12E and 12F of Schedule 2.”
      (7)
For subsection (5) substitute—
“(5A)
Regulations under subsection (4) may, in particular—
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(a)
apply with modifications any provision of section 25A or
25B;
(b)
make provision which (with any necessary modifications) is
similar to any provision which may be made under section
25A, 25B or 26.”
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3     (1)
Section 105(1) of that Act (interpretation of certain expressions) is amended
as follows.
      (2)
Omit the definition of “appropriate children’s home”.

Children and Young Persons Bill [HL]
Schedule 1 — Children looked after by local authorities: supplementary and consequential provisions
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      (3)
For the definition of “children’s home” substitute—
““children’s home” has the same meaning as it has for the
purposes of the Care Standards Act 2000 (see section 1 of that
Act);”
      (4)
For the definition of “local authority foster parent” substitute—
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““local authority foster parent” has the meaning given in section
22C(12);”.
4
In Part 2 of Schedule 2 to that Act (children looked after by local authorities)
for paragraphs 12 to 14 substitute—
“Regulations as to conditions under which child in care is allowed to live with parent,
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etc
12A
Regulations under section 22C may, in particular, impose
requirements on a local authority as to—
(a)
the making of any decision by a local authority to allow a
child in their care to live with any person falling within
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section 22C(3) (including requirements as to those who
must be consulted before the decision is made and those
who must be notified when it has been made);
(b)
the supervision or medical examination of the child
concerned;
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(c)
the removal of the child, in such circumstances as may be
prescribed, from the care of the person with whom the
child has been allowed to live;
(d)
the records to be kept by local authorities.
Regulations as to placements of a kind specified in section 22C(6)(d)
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12B
Regulations under section 22C as to placements of the kind
specified in section 22C(6)(d) may, in particular, make provision
as to—
(a)
the persons to be notified of any proposed arrangements;
(b)
the opportunities such persons are to have to make
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representations in relation to the arrangements proposed;
(c)
the persons to be notified of any proposed changes in
arrangements;
(d)
the records to be kept by local authorities;
(e)
the supervision by local authorities of any arrangements
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made.
Placements out of area
12C
Regulations under section 22C may, in particular, impose
requirements which a local authority must comply with—
(a)
before a child looked after by them is provided with
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accommodation at a place outside the area of the authority;
or
(b)
if the child’s welfare requires the immediate provision of
such accommodation, within such period of the
accommodation being provided as may be prescribed.
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Children and Young Persons Bill [HL]
Schedule 1 — Children looked after by local authorities: supplementary and consequential provisions
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Avoidance of disruption in education
12D   (1)
Regulations under section 22C may, in particular, impose
requirements which a local authority must comply with before
making any decision concerning a child’s placement if he is in the
fourth key stage.
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      (2)
A child is “in the fourth key stage” if he is a pupil in the fourth key
stage for the purposes of Part 6 or 7 of the Education 2002 (see
section 82 and 103 of that Act).
Regulations as to placing of children with local authority foster parents
12E
Regulations under section 22C may, in particular, make
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provision—
(a)
with regard to the welfare of children placed with local
authority foster parents;
(b)
as to the arrangements to be made by local authorities in
connection with the health and education of such children;
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(c)
as to the records to be kept by local authorities;
(d)
for securing that where possible the local authority foster
parent with whom a child is to be placed is—
(i)
of the same religious persuasion as the child; or
(ii)
gives an undertaking that the child will be brought
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up in that religious persuasion;
(e)
for securing the children placed with local authority foster
parents, and the premises in which they are
accommodated, will be supervised and inspected by a
local authority and that the children will be removed from
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those premises if their welfare appears to require it.
12F   (1)
Regulations under section 22C may, in particular, also make
provision—
(a)
for securing that a child is not placed with a local authority
foster parent unless that person is for the time being
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approved as a local authority foster parent by such local
authority as may be prescribed;
(b)
establishing a procedure under which any person in
respect of whom a qualifying determination has been
made may apply to the appropriate national authority for
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a review of that determination by a panel constituted by
that national authority.
      (2)
A determination is a qualifying determination if—
(a)
it relates to the issue of whether a person should be
approved, or should continue to be approved, as a local
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authority foster parent; and
(b)
it is of a prescribed description.
      (3)
Regulations made by virtue of sub-paragraph (1)(b) may include
provision as to—
(a)
the duties and powers of a panel;
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(b)
the administration and procedures of a panel;

Children and Young Persons Bill [HL]
Schedule 1 — Children looked after by local authorities: supplementary and consequential provisions
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(c)
the appointment of members of a panel (including the
number, or any limit on the number, of members who may
be appointed and any conditions for appointment);
(d)
the payment of fees to members of a panel;
(e)
the duties of any person in connection with a review
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conducted under the regulations;
(f)
the monitoring of any such reviews.
      (4)
Regulations made by virtue of sub-paragraph (3)(e) may impose a
duty to pay to the appropriate national authority such sum as that
national authority may determine; but such a duty may not be
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imposed upon a person who has applied for a review of a
qualifying determination.
      (5)
The appropriate national authority must secure that, taking one
financial year with another, the aggregate of the sums which
become payable to it under regulations made by virtue of sub-
15
paragraph (4) does not exceed the cost to it of performing its
independent review functions.
      (6)
The appropriate national authority may make an arrangement
with an organisation under which independent review functions
are performed by the organisation on the national authority’s
20
behalf.
      (7)
If the appropriate national authority makes such an arrangement
with an organisation, the organisation is to perform its functions
under the arrangement in accordance with any general or special
directions given by that national authority.
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      (8)
The arrangement may include provision for payments to be made
to the organisation by the appropriate national authority.
      (9)
Payments made by the appropriate national authority in
accordance with such provision shall be taken into account in
determining (for the purpose of sub-paragraph (5)) the cost to that
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national authority of performing its independent review
functions.
     (10)
Where the Welsh Ministers are the appropriate national authority,
sub-paragraphs (6) and (8) also apply as if references to an
organisation included references to the Secretary of State.
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     (11)
In this paragraph—
“financial year” means a period of twelve months ending
with 31st March;
“independent review function” means a function conferred
or imposed on a national authority by regulations made by
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virtue of sub-paragraph (1)(b);
“organisation” includes a public body and a private or
voluntary organisation.
12G
Regulations under section 22C may, in particular, also make
provision as to the circumstances in which local authorities may
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make arrangements for duties imposed on them by the regulations
to be discharged on their behalf.”