Journal of the 1124th Plenary Meeting of the Permanent Council
A local authority may enter into arrangements with a body corporate for the discharge by that body of some or all of the relevant care functions of that authority (but subject to section 2).
The relevant care functions of a local authority are—
its social services functions in relation to individual children who are looked after by it; and
its functions under sections 23B to 24D of the 1989 Act.
A party (other than the local authority concerned) to arrangements entered into under this section—
may not include any other local authority; and
is referred to in this Part as a provider of social work services.
Arrangements under this section may be framed by reference to—
individuals of a particular description;
particular localities within the area of the local authority concerned.
Where an individual child (A) ceases to be looked after by a local authority and a provider of social work services (P) was discharging under arrangements under this Part social services functions of the authority in relation to A at that time, the arrangements may also make provision for P to discharge all or any of the authority's social services functions in relation to A after A ceases to be looked after by the authority.
The appropriate national authority may by regulations specify—
functions not falling within subsection (2) which are to be treated as being relevant care functions for the purposes of this section;
functions otherwise falling within that subsection which are to be treated as not being relevant care functions for the purposes of this section.
The appropriate national authority may by regulations make provision about the bodies corporate which may, or may not, be parties to arrangements under this section.
The appropriate national authority may by regulations provide that arrangements under this section may not be entered into—
for a period shorter than the prescribed minimum period; or
for a period exceeding the prescribed maximum period.
References in this Part to a child looked after by a local authority have the same meaning as they have in the 1989 Act (by virtue of section 22 of that Act).
“ Social services functions ” has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42).
In this Part—
“the 2014 Act” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).
Section 8(2)
Section 8(3)
Paragraph 12 of Schedule 2 to the 1989 Act (regulations as to placing of children with local authority foster parents) has effect as if paragraphs (d) and (g) were omitted.
That Schedule has effect as if, after paragraph 12, there were inserted—
Section 39
The 1989 Act is amended in accordance with this Schedule.
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for “Secretary of State” substitute “appropriate national authority”;
for “he” substitute “the appropriate national authority”;
for “the authority” substitute “the local authority”.
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In section 29(8)(c) after “Secretary of State” insert “, the Welsh Ministers ”.
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Section 59 is amended as follows. In subsection (1A)— In subsection (2) for “Secretary of State” substitute “ appropriate national authority ”. In subsection (3) for “Secretary of State” substitute “ appropriate national authority ”. In subsection (4) for “Secretary of State” substitute “ appropriate national authority ”. After subsection (6) add—
In section 62(3) for “Secretary of State” substitute “ appropriate national authority ”.
Section 104 is amended as follows. In subsection (2) after “108(2)” insert “or one containing regulations which fall within subsection (3B) or (3C) ”. Omit subsection (2A). For subsection (3) substitute— In subsection (4)(c) omit—
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In paragraph 7 of Schedule 5 for “Secretary of State” substitute “appropriate national authority ”.
Section 42 Short title and chapter Extent of repeal Children Act 1989 (c. 41) Section 12(5) and (6). In section 17(6), the words “, in exceptional circumstances,”. Section 23B(4) to (7). In section 26, subsections (2)(k) and (2A) to (2D). Section 45(9). In section 59— in subsection (2) the words from “and” to the end; in subsection (3) the words from “and” to the end. In section 91(10), the words “or 12(5)”. In section 104— subsection (2A); in subsection (3), the words “or 17(4)”; in subsection (4)(c), the word “such” and the words “as the person making it considers expedient”. In section 105(1), the definition of “appropriate children's home”. In Schedule 2— in paragraph 6(1), the word “and” immediately preceding paragraph (b); paragraph 17. Criminal Justice Act 1991 (c. 53) In section 61(5), the words from “and” to the end. Care Standards Act 2000 (c. 14) In section 5(1A), the word “and” immediately preceding paragraph (e). In section 21— in subsection (1), the word “or” immediately preceding paragraph (b); in subsection (5), the words “against a decision or order”. Adoption and Children Act 2002 (c. 38) In section 12— in subsection (1), the words “a panel constituted by”; in paragraph (a) of subsection (3), the words from “(including” to the end of that paragraph. In section 118, subsections (1)(c) and (2). Income Tax (Trading and Other Income) Act 2005 (c. 5) In section 806(5), the word “and” after paragraph (c). Childcare Act 2006 (c. 21) In section 18(8)(a), the words “ “appropriate children's home”,”. Education and Inspections Act 2006 (c. 40) In section 148(2), the words “(in accordance with subsection (1))”. Safeguarding Vulnerable Groups Act 2006 (c. 47) In section 53(7)(a), the words “of section 23(2)(a)”. This Act Part 1. Sections 11 to 13.
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)—
for “the authority have power” substitute “it is a function of the authority ”; and
for “23” substitute “22A to 22C ”.
In paragraph 5A(3) of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000 (requirement in supervision order to live with local authority foster parent for specified period) for “23(2)(a)” substitute “22C ”.
In section 21 of the Sexual Offences Act 2003 (positions of trust) in subsection (3)(a) for “under section 23(2)” substitute “in accordance with section 22C(6) ”.
Section 18 of the Childcare Act 2006 (meaning of childcare) is amended as follows. For subsection (5)(a)(i) substitute—. In subsection (8)—
“local authority” has the same meaning as in the Children Act 2004 (c. 31).
In section 22 of the Care Standards Act 2000 (regulation of establishments and agencies), in subsection (2)(e), for “23(2)(a)” substitute “22C ”>.
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In section 31 of that Act (inspection of establishments and agencies by authorised persons), in subsection (3)(b), for “23(2)(a)” substitute “22C ”.
In section 43(1) (local authority services: meaning of “relevant adoption functions” and “relevant fostering functions” for paragraph (b) substitute—
In section 27 of that Act (family relationships) in subsection (5)(c) for sub-paragraph (i) substitute— .
Section 59 of that Act (accommodation by voluntary organisations) is amended as follows. 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 ”. In subsection (1A) for “local authority” substitute “voluntary organisation ”. In subsection (2) omit the words from “and” to the end. In subsection (3) omit the words from “and” to the end. After subsection (3) insert— For subsection (5) substitute—
Section 105(1) of that Act (interpretation of certain expressions) is amended as follows. Omit the definition of “appropriate children's home”. “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); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part 2 of Schedule 2 to that Act (children looked after by local authorities) for paragraphs 12 to 14 substitute—
In paragraph 21(5) of that Schedule (liability to contribute towards maintenance of looked after child) for “allowed by the authority (under section 23(5)) to live with” substitute “living with, under arrangements made by the authority in accordance with section 22C, ”.
In paragraph 9 of Schedule 8 (accommodation of children during school holidays) in the second sentence of sub-paragraph (1) 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 ”.
In paragraph 2(1) of Schedule 9A (exemption of certain establishments from Part 10A), in paragraph (a) 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 ”.
“the appropriate Local Safeguarding Children Board” means the Board established by the children’s services authority in England or in Wales within whose area is situated the sub-district for which the register is kept;
in relation to a governing body of a maintained school in England, the Secretary of State;
“the 2000 Act” means the Care Standards Act 2000 (c. 14).
In Schedule 6 to the Adoption and Children Act 2002 (glossary giving certain expressions used in that Act the meaning given by the Children Act 1989 (c. 41)), in the entry relating to “local authority foster parent” for “23(3)” substitute “22C(12) ”.
Section 806 of the Income Tax (Trading and Other Income) Act 2005 (meaning of providing foster care) is amended as follows. In subsection (3)(a) for “23(2)(a)” substitute “22C ”. In subsection (5)—
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“child death review partners” has the meaning given by section 16Q(2) of the Children Act 2004;
A local authority must not enter into arrangements under section 1 for the discharge of an excluded function.
The excluded functions are—
the local authority's functions in relation to independent reviewing officers; and
its functions as an adoption agency (unless the other party to the arrangements is a registered adoption society).
The functions referred to in subsection (2)(a) are the local authority's functions under—
regulations made under section 26 of the 1989 Act by virtue of subsection (2)(k) of that section (provision for appointment by local authority of a person to carry out certain functions in review of case of child looked after by the authority);
section 25A of the 1989 Act (appointment of independent reviewing officer).
A restriction imposed on a local authority by reference to its area applies to a provider of social work services as if the provider has the same area as the authority.
A local authority must not enter into arrangements under section 1 unless it is satisfied that the functions to which the arrangements relate will be discharged by, or under the supervision of, registered social workers.
“ Registered social worker ” means a person registered as a social worker—
in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017;
in the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 (2001 asp 8); or
in the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3).
“ Registered adoption society ” has the meaning given by section 2(2) of the Adoption and Children Act 2002 (c. 38).
Anything done or omitted to be done by or in relation to a provider of social work services in, or in connection with, the exercise or purported exercise of a function which is the subject of the arrangements under section 1 to which the provider is a party is to be treated as done or omitted to be done by or in relation to the local authority which entered into the arrangements.
Subsection (1)—
does not affect the rights and liabilities of the parties to the arrangements as between one another;
does not make the local authority liable under section 6 of the Human Rights Act 1998 (c. 42) in respect of any act (within the meaning of that section) of a provider of social work services if the act is one of a private nature;
does not prevent any civil proceedings which could otherwise be brought by or against the provider of social work services from being brought; and
does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the provider of social work services.
A reference in this section to anything done or omitted to be done by or in relation to a provider of social work services includes a reference to anything done or omitted to be done by or in relation to an employee or agent of the provider.
In this section—
“ appropriate national authority ” means—
“ function ” includes any power to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;
“registered pupil” has the meaning given by section 434(5) of the Education Act 1996.
“appropriate national authority” means—
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In section 4 of the 2000 Act (basic definitions for the purposes of the Act), after subsection (9), insert—
In section 5 of that Act (registration authorities)—
if when this section comes into force the amendment made by paragraph 6(3) of Schedule 5 to the Health and Social Care Act 2008 (c. 14) has not come into force, in subsection (1)(a)(iii), for “and adoption support agencies” substitute “, adoption support agencies and providers of social work services”; and
if that amendment has come into force at that time or subsequently comes into force, in subsection (1A) after paragraph (e) insert and,
In section 121 of that Act (interpretation) after subsection (4) insert—
In section 148(2) of the Education and Inspections Act 2006 (c. 41) (Chief Inspector to make available information about services provided by those for whom that Inspector is the registration authority under Part 2 of the 2000 Act), omit “(in accordance with subsection (1))”.
Children and Young Persons Act 2008 Part 1, in so far as it confers functions on a local authority in England or Wales within the meaning of that Part...... Making arrangements for the discharge of relevant care functions in relation to certain children and young persons.
The piloting period—
begins on the day on which section 1(1) comes into force; and
ends on the earlier of—
the day on which section 4 comes into force; or
the end of the period of five years beginning with the day on which this Act is passed.
An order bringing section 1 into force may do so by reference to particular local authorities or local authorities of a particular description.
If the piloting period comes to an end in accordance with subsection (1)(b)(ii), sections 1 to 5 cease to have effect at that time.
If the period of five years beginning with the day on which this Act is passed ends without an order to bring section 1(1) into force having been made by the Secretary of State, sections 1 to 5 cease to have effect in relation to England at that time.
If the period of five years beginning with the day on which this Act is passed ends without an order to bring section 1(1) into force having been made by the Welsh Ministers, sections 1 to 5 cease to have effect in relation to Wales at that time.
No regulations under section 1(8) may be made so as to come into force before the end of the piloting period; and arrangements entered into during the piloting period must not be for a duration which lasts beyond the end of the period mentioned in subsection (1)(b)(ii).
It is the general duty of the Secretary of State to promote the well-being of children in England.
The general duty imposed by subsection (1) has effect subject to any specific duties imposed on the Secretary of State.
The activities which may be undertaken or supported in the discharge of the general duty imposed by subsection (1) include activities in connection with parenting.
The Secretary of State may take such action as the Secretary of State considers appropriate to promote the well-being of—
persons who are receiving services under sections 23C to 24D of the 1989 Act; and
persons under the age of 25 of a prescribed description.
The Secretary of State, in discharging functions under this section, must have regard to the aspects of well-being mentioned in section 10(2)(a) to (e) of the Children Act 2004 (c. 31).
In this section—
in relation to a register kept for a sub-district in Wales, the Safeguarding Children Board in Wales for the Safeguarding Board area within which is situated the sub-district for which the register is kept,
“children” means persons under the age of 18; and
In section 49(1)(a) of the Children Act 2004 (payments to local authority foster parents) for “23(2)(a)” substitute “22C ”.
In section 53(7)(a) of the Safeguarding Vulnerable Groups Act 2006 (meaning of foster parent) omit “of section 23(2)(a)”.
“maintained school” has the meaning given by section 39(1) of the Education Act 2002;
“registered pupil” has the same meaning as in the Education Act 1996 (c. 56) (see section 434(5) of that Act).
For section 23 of the 1989 Act substitute—
Schedule 1 (which makes amendments supplementary to, and consequential on, the provisions of this section, including a power to make regulations about an independent review mechanism for certain decisions in relation to foster parents) has effect.
Until the coming into force of subsection (1), Schedule 2 to the 1989 Act has effect with the modifications specified in Schedule 2.
After section 22F of the 1989 Act (which is inserted by section 8) insert—
After section 25 of the 1989 Act insert—
After section 25B of that Act (which is inserted by subsection (1)) insert—
In section 26 of that Act omit—
subsection (2)(k);
subsections (2A) to (2D).
The Secretary of State may by order—
establish a body corporate to discharge such functions as may be conferred on it by the order; or
confer functions on the Service.
An order under this section may confer functions in relation to England in connection with any or all of the following matters (but no others)—
the provision of training for persons appointed or to be appointed as independent reviewing officers;
the accreditation of persons as independent reviewing officers;
the appointment of persons as independent reviewing officers;
the management of persons appointed or accredited as independent reviewing officers.
An order under this section may, in consequence of the conferral of a function by the order, modify any provision made by or under an enactment—
relating to independent reviewing officers;
where the function is conferred on the Service, relating to the Service.
An order under this section which establishes a body corporate may provide—
that the body is to be subject to inspection by the Chief Inspector and may, for that purpose apply, with or without modification, any provision of the Education and Inspections Act 2006 (c. 41);
that the functions of the body must be performed in accordance with directions given by the Secretary of State.
In this section—
“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);
“the Service” means the Children and Family Court Advisory Support Service.
The Welsh Ministers may by order—
establish a body corporate to discharge such functions as may be conferred on it by the order; or
provide for the discharge by them of such functions as may be conferred on them by the order.
An order under this section may confer functions in relation to Wales in connection with any or all of the following matters (but no others)—
the provision of training for persons appointed or to be appointed as independent reviewing officers;
the accreditation of persons as independent reviewing officers;
the appointment of persons as independent reviewing officers;
the management of persons appointed or accredited as independent reviewing officers.
An order under this section may, in consequence of the conferral of a function by the order, modify any provision made by or under an enactment—
relating to independent reviewing officers;
where the function is conferred on the Welsh Ministers, relating to those Ministers.
An order under this section which establishes a body corporate may provide—
that the body is to be subject to inspection by an independent inspector specified in or established by the order, and may for that purpose apply, with or without modifications, any enactment relating to the carrying out of inspections;
that the functions of the body must be performed in accordance with directions given by the Welsh Ministers.
In this section “accreditation” has the same meaning as in section 11.
The conferral of any function by an order under section 11 or 12(1)(a) also confers on the recipient power to do anything which is incidental or conducive to, or designed to facilitate, the discharge of that function.
An order under section 11 or 12 may authorise the recipient to charge fees for the discharge by it of any function conferred by the order.
An order under section 11 or 12 may transfer property, rights and liabilities to the recipient (and may also provide that anything which might otherwise prevent, penalise or restrict such a transfer is not to do so).
Where an order makes provision by virtue of subsection (3) in relation to rights and liabilities relating to an employee it must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to that transfer.
An order under section 11 or 12 may require the recipient to establish a procedure for dealing with complaints relating to the discharge by it of its functions.
In this section “recipient” means, in relation to a function, the body on which the function is conferred by the order in question, and for this purpose “body” includes the Welsh Ministers.
If no order has been made under section 11 by the relevant time, that section, and section 13 so far as it applies for the purposes of that section, cease to have effect.
If no order has been made under section 12 by the relevant time, that section, and section 13 so far as it applies for the purposes of that section, cease to have effect.
“The relevant time” is the end of the period of 7 years beginning with the day on which this Act is passed.
After section 23 of the 1989 Act insert—
After section 23ZA of the 1989 Act (which is inserted by section 15) insert—
Omit paragraph 17 of Schedule 2 to the 1989 Act.
Section 85 of the 1989 Act (children accommodated by health bodies or local education authorities) is amended in accordance with subsections (2) to (5).
In each of subsections (1) and (2), after “notify” insert “ the appropriate officer of ”.
After subsection (3) insert—
In subsection (4)—
for “a local authority have” substitute “ the appropriate officer of a local authority has ”; and
for “they”, where it first occurs, substitute “ the local authority ”.
After that subsection add—
Section 86 of the 1989 Act (children accommodated in care homes or independent hospitals) is amended in accordance with subsections (7) to (10).
In subsection (1)—
for the words “the home”, in the first place where they occur, substitute “ the establishment in question ”;
after “notify” insert “ the appropriate officer of ”; and
for the words “the home”, in the second place where they occur, substitute “ the establishment ”.
In subsection (2)—
for “the home”, in both places, substitute “ the establishment ”; and
after “notify” insert “ the appropriate officer of ”.
In subsection (3)—
for “a local authority have” substitute “ the appropriate officer of a local authority has ”;
for “they”, where it first occurs, substitute “ the local authority ”; and
in paragraph (a), for “the home” substitute “ the establishment in question ”.
In subsection (4) for “home” substitute “ care home or independent hospital ”.
After section 86 of the 1989 Act insert—
After paragraph 8 of Schedule 2 to the 1989 Act insert—
The governing body of a maintained school must designate a member of the staff at the school (“the designated person”) as having responsibility for promoting the educational achievement of registered pupils at the school who—
are being looked after by a local authority; or
fall within subsection (6).
The governing body must ensure that the designated person undertakes appropriate training.
If the school is in England, the governing body must ensure that the designated person has regard to any guidance issued by the Secretary of State.
The appropriate national authority may by regulations make provision requiring the governing body of a maintained school to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.
In exercising its functions under this section a governing body of a maintained school must have regard to any guidance issued by the appropriate national authority.
For the purposes of subsection (1)(a) a person is “looked after by a local authority” if the person is—
looked after by a local authority for the purposes of the 1989 Act , Part 6 of the 2014 Act or the Children (Scotland) Act 1995 (c. 36); or
looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
A person falls within this subsection if the person—
is a relevant child within the meaning of section 23A of the 1989 Act or article 34B of the Children (Northern Ireland) Order 1995;
is a former relevant child within the meaning of section 23C of the 1989 Act or article 34D of the Children (Northern Ireland) Order 1995; or
is a category 2 or 3 young person within the meaning of section 104 of the 2014 Act,
has been looked after by a local authority for the purposes of the Children (Scotland) Act 1995 at any time after attaining the age of 16.
In this section—
“the appropriate authority ” means— and “Safeguarding Board area” has the meaning given by section 142 of the 2014 Act.;
in relation to a register kept for a sub-district in England, the child death review partners for the local authority area within which is situated the sub-district for which the register is kept; or
In section 26 of the Children (Scotland) Act 1995 (manner in which accommodation is to be provided) for subsection (2)(b)(i) substitute—.
The governing body of a maintained school in England must—
designate a member of the staff at the school (the “designated person”) as having responsibility for promoting the educational achievement of registered pupils within subsection (2), and
ensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State.
A registered pupil is within this subsection if the pupil—
was looked after by a local authority but ceased to be looked after by them as a result of—
a child arrangements order (within the meaning given by section 8(1) of the 1989 Act) which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,
a special guardianship order (within the meaning given by section 14A(1) of the 1989 Act), or
an adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002), or
appears to the governing body—
to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and
to have ceased to be in that state care as a result of being adopted.
The Secretary of State may by regulations require the governing body of a maintained school in England to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.
In exercising its functions under this section the governing body of a maintained school in England must have regard to any guidance issued by the Secretary of State.
For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the 1989 Act or Part 6 of the 2014 Act.
For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—
a public authority,
a religious organisation, or
any other organisation the sole or main purpose of which is to benefit society.
In this section—
Section 23C of the 1989 Act (continuing functions of local authorities in respect of former relevant children) is amended in accordance with subsections (2) and (3).
After subsection (5) insert—
In subsection (9) after “subsection (4)(b)” insert “ or who is in receipt of a payment under subsection (5A) ”.
In section 776 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) (scholarship income) after subsection (2) insert—
In section 23B of the 1989 Act omit subsections (4) to (7).
After section 23C of the 1989 Act insert—
Section 23E (pathway plans) of the 1989 Act is amended in accordance with subsections (4) and (5).
In subsection (1)(b) after “23B” insert “ or 23CA ”.
After subsection (1) insert—
In paragraph 1 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (ineligibility for support) in sub-paragraph (1)(g), after “23C,” insert “ 23CA, ”.
In section 23D(1) of the 1989 Act (power to make provision for personal advisers for certain young persons)—
for “twenty-one” substitute “ twenty-five ”; and
after paragraph (c) insert; or
In section 24B of that Act (assistance in connection with employment, education and training), in subsection (3)(a) for “twenty-four” substitute “ twenty-five ”.
In section 17(6) of the 1989 Act (nature of services which may be provided by a local authority for children in need, their families and others) omit “, in exceptional circumstances,”.
Paragraph 6 of Schedule 2 to the 1989 Act (provision by local authorities for disabled children) is amended as follows.
The existing provision becomes sub-paragraph (1) of that paragraph.
In that sub-paragraph, after paragraph (b) insert; and
After that sub-paragraph insert—
In section 14(1) of the 2000 Act (cancellation of registration) after paragraph (c) insert—.
After section 22 of that Act insert—
After section 22A of the 2000 Act (which is inserted by section 26) insert—
Section 21 of the 2000 Act (appeals to the Tribunal) is amended in accordance with subsections (2) to (5).
In subsection (1), after paragraph (b) insert; or .
After subsection (2) insert—
After subsection (4) insert—
In subsection (5) omit “against a decision or order”.
In section 23(4) of that Act (occasions on which national minimum standards are to be taken into account)—
after paragraph (b) insert—; and
in paragraph (c) for “against such a decision or order” substitute “ under section 21 ”.
Before section 31 of the 2000 Act, but after the cross-heading which precedes that section, insert—
In section 45 of the 1989 Act (emergency protection orders: supplementary provisions) omit subsection (9).
Subsection (2) applies if, under the 1953 Act, a registrar of births and deaths registers the death of a person and the registrar believes that the deceased was or may have been under the age of 18 at the time of death.
The registrar must, before the end of the required period, secure that the appropriate authority is notified of the particulars of the death entered in the register.
Subsection (4) applies if, under the 1953 Act, an entry in a register kept for a sub-district concerning a death is corrected and the person making the correction believes that the entry relates to a person who was or may have been under the age of 18 at the time of death.
The person who makes the correction must, before the end of the required period, secure that the appropriate authority is notified of the particulars of the death as corrected.
Subsections (5A) and (6) apply if, under the 1953 Act, a registrar of births and deaths issues a certificate to the effect that a death is not required by law to be registered in England or Wales but the registrar believes that the deceased was or may have been under the age of 18 at the time of death.
Where the registrar's sub-district is in England, the registrar must, before the end of the required period, secure that the appropriate authority is notified—
of the issuing of the certificate; and
of the registrar's belief and the grounds for it.
Where the registrar's sub-district is in Wales, the registrar must, before the end of the required period, secure that the ... Safeguarding Children Board in Wales established by the local authority within whose area the registrar's sub-district is situated is notified—
of the issuing of the certificate; and
of the registrar's belief and the grounds for it.
The required period is the period of seven days beginning with the day after—
for the purposes of subsection (2), the day on which the death was registered;
for the purposes of subsection (4), the day on which the correction was made; and
for the purposes of subsections (5A) and (6), the day on which the certificate was issued.
The requirements of this section do not apply if the death occurred before 1 April 2008.
... each Safeguarding Children Board in Wales must—
make arrangements for the receipt by it of notifications under this section; and
publish those arrangements.
In this section—
“children’s services authority in England” and “children’s services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31).
...
“Safeguarding Children Board in Wales” means a Board established under section 134(4) of the 2014 Act.
The child death review partners for each local authority area in England must—
make arrangements for the receipt by them of notifications under this section; and
publish those arrangements.
The Registrar General may supply information to which this section applies— for research purposes.
to the Secretary of State, or
to the Welsh Ministers,
Information supplied under subsection (1) to the Secretary of State may be disclosed by the Secretary of State—
to any other person if the disclosure is for research purposes; and
to a Local Safeguarding Children Board in England or Safeguarding Children Board in Wales for the purposes of its functions.
Information supplied under subsection (1) to the Welsh Ministers may be disclosed by them—
to any other person if the disclosure is for research purposes; and
to a Local Safeguarding Children Board in England or a Safeguarding Children Board in Wales for the purposes of its functions.
This section applies to any information that—
is kept by the Registrar General under any provision made by or under an enactment; and
relates to a deceased person who was or may have been under the age of 18 at the time of death.
“For research purposes” means for the purposes of any research that is being or may be conducted or assisted under section 83(1) or section 83A(1) of the 1989 Act or under section 184(1) of the 2014 Act.
“Local Safeguarding Children Board in England” and “Safeguarding Children Board in Wales” have the same meanings as in section 31.
Section 83 of the 1989 Act (research and returns of information) is amended as follows.
In subsection (1) after paragraph (a) insert—.
In subsection (2) after paragraph (a) insert—.
In subsection (3) after paragraph (b) insert; and
In subsection (9) after paragraph (c) insert—
Section 12 of the Adoption and Children Act 2002 (c. 38) (independent review of determinations) is amended as follows.
In subsection (1)—
omit the words “a panel constituted by”;
at the end insert “ by a panel constituted by that Minister ”.
In paragraph (a) of subsection (3), omit the words from “(including” to the end of that paragraph.
After subsection (3) insert—
In subsection (4) for the words “functions in relation to the panel” substitute “ independent review functions ”.
After subsection (6) insert—
“financial year” means a period of twelve months ending with 31st March, “independent review function” means a function conferred or imposed on an appropriate Minister by regulations made by virtue of this section
In section 47(3) of the Children Act 2004 (c. 31) (relevant time for the expiry of powers under sections 45 and 46 of that Act) for “four” substitute “ seven ”.
In section 10 of the 1989 Act (power of the court to make orders under section 8 of that Act), after subsection (5A) insert—
In section 9(6) of the 1989 Act (restriction on length of orders under section 8 of that Act) for the words from the beginning to “which” substitute “ No court shall make a specific issue order, contact order or prohibited steps order ”.
In section 12 of that Act (residence orders and parental responsibility) omit subsections (5) and (6).
In section 91(10) of that Act (duration of section 8 orders)—
after “section 8 order” insert “ other than a residence order ”; and
omit “or 12(5)”.
In section 14A(5) of the 1989 Act (persons entitled to apply for special guardianship order), after paragraph (d) insert;
Schedule 3 (which contains minor and supplementary amendments to the 1989 Act, including amendments to Parts 3 and 7 of that Act to substitute references to the Welsh Ministers for existing phrases which are to be read as including references to those Ministers by virtue of the Government of Wales Act 2006 (c. 32)) has effect.
Any order or regulations made by the Secretary of State or the Welsh Ministers under this Act must be made by statutory instrument.
A statutory instrument containing provision made by the Secretary of State under section 1(6) or (7) or section 11 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
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 Parliament.
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.
A statutory instrument containing provision made under section 12 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, and
having been so approved, has been laid before and approved by a resolution of each House of Parliament.
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.
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.
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 2006 (c. 32) bringing the Assembly Act provisions into force.
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).
Any other statutory instrument containing provision made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Subsections (3) and (10) do not apply to a statutory instrument containing only provision made under section 44.
Any power to make regulations under this Act includes power to make—
different provision for different cases;
such supplemental or consequential provisions as appear to the Secretary of State or, as the case may, the Welsh Ministers to be appropriate.
Any power under this Act to give guidance includes power to give different guidance for different cases.
In this Act—
“the 1989 Act” means the Children Act 1989 (c. 41);
The provisions specified in Schedule 4 are repealed to the extent there specified.
Subject to subsection (2), this Act extends to England and Wales only.
Paragraph 9 of Schedule 1 also extends to Scotland.
Section 7 and this Part come into force on the day on which this Act is passed.
The reference in subsection (1) to this Part does not include—
paragraph 4 of Schedule 3 (which comes into force in accordance with subsection (9)); and
section 42 and Schedule 4 (which come into force in accordance with subsections (3) and (4)).
In relation to Wales, the provisions specified in subsection (5) come into force on such day as the Welsh Ministers may by order appoint.
Otherwise the provisions of this Act come into force on such day as the Secretary of State may by order appoint.
The provisions are—
Parts 1 to 4 (except sections 7, 17, 18, 31 and 32);
section 42 and Schedule 4.
An order under this section bringing subsection (2) of section 10 into force in relation to Wales requires the consent of the Secretary of State.
An order under this section bringing section 17 or 18 into force requires the consent of the Welsh Ministers.
Before making an order bringing section 31 or 32 into force, the Secretary of State must consult the Welsh Ministers.
Paragraph 4 of Schedule 3 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 purpose of inserting section 17B into the 1989 Act in relation to Wales.
An order under this section may—
appoint different days for different purposes;
include transitional, saving or transitory provision.
This Act may be cited as the Children and Young Persons Act 2008.