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Children and Families (Wales) Measure 2010
2010 nawm 1
A Measure of the National Assembly for Wales to make provision about contributing to the eradication of child poverty; to provide a duty for local authorities to secure sufficient play opportunities for children; to make provision about arrangements for participation of children in local authority decisions that might affect them; to make provision about child minding and day care for children; to make provision establishing integrated family support teams and boards; to make provision about improving standards in social work for children and persons who care for them; to make provision about assessing the needs of children where their parents need community care services or have health conditions that affect the needs of the children; and for connected purposes.
This Measure, passed by the National Assembly for Wales on 10 November 2009 and approved by Her Majesty in Council on 10 February 2010, enacts the following provisions:—
PART 1 WCHILD POVERTY, PLAY AND PARTICIPATION
CHAPTER 1WERADICATING CHILD POVERTY
Broad aimsW
1Broad aims for contributing to the eradication of child povertyW
(1)This section applies for the purposes of this Part.
(2)The broad aims for contributing to the eradication of child poverty are—
(a)to increase income for households including one or more children with a view to ensuring that, so far as reasonably practicable, there are no households in the relevant income group;
(b)ensuring that, so far as reasonably practicable, children living in households in the relevant income group are not materially deprived;
(c)to promote and facilitate paid employment for parents of children;
(d)to provide parents of children with the skills necessary for paid employment;
(e)to reduce inequalities in educational attainment between children;
(f)to support parenting of children;
(g)to reduce inequalities in health between children and between parents of children (so far as necessary to ensure the well-being of their children);
(h)to ensure that all children grow up in decent housing;
(i)to ensure that all children grow up in safe and cohesive communities;
(j)to reduce inequalities in participation in cultural, sporting and leisure activities between children and between parents of children (so far as necessary to ensure the well-being of their children);
(k)to help young persons participate effectively in education and training;
(l)to help young persons take advantage of opportunities for employment;
(m)to help young persons participate effectively and responsibly in the life of their communities.
(3)For the purposes of subsection (2)(a), the “relevant income group”, in relation to a household, is every household including one or more children where household income is less than 60% of median income in the United Kingdom.
(4)For the purposes of subsection (2)(b), the “relevant income group”, in relation to a household, is every household including one or more children where household income is less than 70% of median income in the United Kingdom.
(5)Regulations may provide for the determination of material deprivation and median income in relation to a household for the purposes of this section.
(6)If no regulations under subsection (5) are in force, a Welsh authority is to make its own determination of material deprivation and median income in relation to a household for the purposes of this section.
(7)In this section “young persons” means persons who have attained the age of 11 but not the age of 26.
(8)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2);
(b)add paragraphs to that subsection;
(c)amend or omit such additional paragraphs;
(d)amend or omit subsections (3), (4), (5), (6) and (7);
(e)add subsections which relate to subsection (2);
(f)amend or omit such additional subsections;
(g)make any amendments to this Part that are necessary or expedient in consequence of any provision made under paragraphs (a) to (f).
StrategiesW
2Strategies for contributing to the eradication of child povertyW
(1)A Welsh authority must prepare and publish a strategy for contributing to the eradication of child poverty in Wales which sets out each of the following—
(a)objectives chosen by the authority (subject to subsections (3) and (4)) which—
(i)relate to one or more of the broad aims for contributing to the eradication of child poverty, and
(ii)may be pursued in the exercise of its functions;
(b)any objectives specified in relation to the authority in regulations under subsection (5);
(c)actions to be performed and functions to be exercised by the authority for the purpose of achieving the objectives under paragraph (a) and, if any objectives are specified in relation to the authority in regulations under subsection (5), paragraph (b).
(2)A Welsh authority must take all reasonable steps to perform the actions and exercise the functions referred to in subsection (1)(c) in accordance with its strategy.
(3)The Welsh Ministers and a local authority must choose a range of objectives under subsection (1)(a) relating to all of the broad aims for the eradication of child poverty.
(4)The Welsh Ministers must also choose objectives under subsection (1)(a) which—
(a)relate to their powers to provide funding to any person, and
(b)promote the broad aims for the eradication of child poverty.
(5)The Welsh Ministers may specify objectives for a Welsh authority in regulations if—
(a)the objectives relate to one or more of the broad aims for contributing to the eradication of child poverty, and
(b)the objectives may be pursued by the Welsh authority in the exercise of its functions.
(6)Regulations under subsection (5) may also provide that subsection (1)(a) and paragraph (c) of that subsection (as it relates to paragraph (a)) do not apply to a Welsh authority to the extent specified in the regulations.
(7)For the purposes of this section, a reference to an action to be performed or a function to be exercised by a Welsh authority is a reference to an action or function which is within the powers of the Welsh authority.
(8)For provision about the preparation and publication of strategies, see sections 3 to 5 of this Measure and section 26 of the Children Act 2004 (c. 31).
Commencement Information
3Strategies prepared by the Welsh MinistersW
(1)The Welsh Ministers—
(a)must publish their first strategy under this Part in 2010,
(b)must keep their strategy under review, and
(c)may from time to time remake or revise their strategy.
(2)Before making, remaking or revising their strategy, the Welsh Ministers must consult—
(a)the Secretary of State, and
(b)such other persons as they consider appropriate.
(3)The provisions of subsection (2)(a) are not to be interpreted as conferring a power or duty on the Secretary of State.
(4)The Welsh Ministers must publish a strategy when they make it and whenever they remake it; and, if they revise the strategy without remaking it, they must publish either the revisions or the strategy as revised (as they consider appropriate).
(5)If the Welsh Ministers publish a strategy or revisions under subsection (4) they must lay a copy of the strategy or revisions before the National Assembly for Wales.
(6)The Welsh Ministers must in 2013 and in every third year after 2013—
(a)publish a report containing an assessment of the extent to which—
(i)the objectives contained in their strategy for contributing to the eradication of child poverty have been achieved, and
(ii)if an objective has not been achieved, progress that has been made towards achieving the objective;
(b)lay a copy of the report before the National Assembly for Wales.
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The Welsh authoritiesW
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Prospective
Services to tackle child povertyW
7Local authority duty to secure the availability of free childcareW
(1)A local authority must secure that childcare of a prescribed description is available free of charge for such periods as may be prescribed for each child of a prescribed description in its area who—
(a)has attained such age as may be prescribed, but
(b)is under compulsory school age.
(2)This duty is subject to the provisions of regulations made under section 10(1)(c).
(3)In this section “childcare” means—
(a)child minding or day care within the meaning of Part 2 in respect of which the provider is required to be registered under that Part, or
(b)care provided by a person of a description approved in accordance with a scheme made by the Welsh Ministers under section 12(5) of the Tax Credits Act 2002 (c. 21).
8Parental support services: powers of a local authorityW
(1)A local authority may provide, secure the provision of or participate in the provision of parental support services to parents of children.
(2)A local authority may not charge for anything provided under subsection (1).
(3)In this section and in section 10 “parental support services” means any of the following—
(a)training in parenting skills;
(b)any other service to promote or facilitate effective parenting.
9Health support services: powers of a local authorityW
(1)A local authority may provide, secure the provision of or participate in the provision of health support services.
(2)A local authority may not provide, secure the provision of or participate in the provision of nursing services under subsection (1) for any part of its area without the consent of the Local Health Board for that part of its area.
(3)A local authority may not charge for anything provided under subsection (1).
(4)In this section and in section 10, “health support services” means services providing assistance in relation to the health of children or parents of children (so far as necessary to secure the well-being of their children), apart from assistance that amounts to the provision of medical, dental, ophthalmic, or pharmaceutical services.
10Regulations about services to tackle child povertyW
(1)Regulations may—
(a)require a local authority to secure the provision of parental support services of a prescribed description free of charge for prescribed parents of children in its area;
(b)require a local authority to secure the provision of health support services of a prescribed description free of charge for prescribed children or prescribed parents of children in its area;
(c)provide that the duty in section 7(1) is to apply only in one or more parts of a local authority area;
(d)provide that a requirement in regulations under paragraph (a) or (b) is to apply only in one or more parts of a local authority area.
(2)Regulations under paragraph (c) or (d) of subsection (1) may (among other things)—
(a)specify one or more areas within a local authority area;
(b)provide for the specification of one or more areas by a local authority.
CHAPTER 2WPLAY AND PARTICIPATION
Play opportunitiesW
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ParticipationW
12Participation of children in local authority decision makingW
CHAPTER 3WINSPECTION, GUIDANCE AND DIRECTIONS
Prospective
InspectionW
13InspectionW
(1)The Welsh Ministers may by regulations make provision—
(a)for the inspection of the exercise by a local authority of functions under sections 7 to 12;
(b)for the publication of reports of the inspections in such manner as the Welsh Ministers consider appropriate.
(2)The regulations may provide for the inspections to be organised by—
(a)the Welsh Ministers, or
(b)Her Majesty's Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Welsh Ministers.
(3)The regulations may provide that for the purposes of the law of defamation any report published under the regulations is privileged unless the publication is shown to have been made with malice.
(4)Regulations made under subsection (3) do not limit any privilege subsisting apart from provision in such regulations.
14Powers of entryW
(1)Any person authorised by the Welsh Ministers may, for the purposes of regulations made under section 13, at any reasonable time enter—
(a)any premises owned or controlled by a local authority;
(b)any premises falling within subsection (3).
(2)But subsection (1) does not authorise entry to premises used wholly or mainly as a private dwelling.
(3)The premises referred to in subsection (1)(b) are premises—
(a)which are used, or proposed to be used, by any person in connection with services or facilities secured by a local authority;
(b)or which the person authorised under subsection (1) reasonably believes to be so used, or proposed to be so used.
(4)Authorisation under subsection (1)—
(a)may be given for a particular occasion or period;
(b)may be given subject to conditions.
(5)A person exercising any power conferred by subsection (1) or section 15 must, if so required, produce some duly authenticated document showing that person's authority to do so.
15Powers of inspectionW
(1)A person entering premises under section 14 may (subject to any conditions imposed under section 14(4)(b))—
(a)inspect the premises;
(b)inspect, take copies of and remove from the premises any documents or records relating to the discharge by the local authority of its functions under sections 7 to 12;
(c)inspect any other item and remove it from the premises;
(d)interview in private any person working at the premises.
(2)The power in subsection (1)(b) includes—
(a)power to require any person holding or accountable for documents or records kept on the premises to produce them, and
(b)in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
(3)The power in subsection (1)(b) does not include power—
(a)to require a person to produce any document or record in respect of which a claim to legal professional privilege could be maintained in legal proceedings, or
(b)to take copies of such a document or record or to remove it.
(4)In connection with inspecting any such documents, a person authorised for the purposes of section 14 (subject to any conditions imposed under section 14(4)(b))—
(a)may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he or she considers is or has been in use in connection with the documents, and
(b)may require a person within subsection (5) to afford him or her such reasonable assistance as may be required for that purpose.
(5)A person is within this subsection if he or she is—
(a)the person by whom or on whose behalf the computer is or has been used, or
(b)a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
(6)A person entering premises under section 14 (subject to any conditions imposed under section 14(4)(b)) may require any person to afford him or her such facilities and assistance with respect to matters within the person's control as are necessary to enable him or her to exercise powers under section 14 or this section.
(7)Any person who without reasonable excuse—
(a)obstructs a person exercising any power under section 14(1) or this section, or
(b)fails to comply with any requirement imposed under this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
16Power to require informationW
(1)The Welsh Ministers may at any time require any person specified in subsection (3) to provide them with any information, documents, records (including personal records) or other items—
(a)which relates or relate to the exercise by a local authority of its functions under sections 7 to 12, and
(b)which the Welsh Ministers—
(i)consider necessary or expedient to have for the purpose of any of their functions relating to the exercise by a local authority of its functions under sections 7 to 12, or
(ii)consider necessary or expedient for any person exercising functions under sections 14 to 15 to have for the purpose of those functions.
(2)The Welsh Ministers may share anything obtained under subsection (1) with any person exercising functions under sections 14 to 15.
(3)The persons referred to in subsection (1) are—
(a)a local authority;
(b)any person with whom the authority have entered into arrangements—
(i)in the exercise of any of its functions under sections 7 to 12, or
(ii)in connection with any related activity.
(4)The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require provision of them in a legible form which can be taken away.
(5)The power in subsection (1) does not include power to require the provision of information, documents or records in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
(6)Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Guidance and directionsW
17GuidanceW
(1)The Welsh Ministers may give guidance to another Welsh authority from time to time about—
(a)the exercise of functions under sections 1 to 10, or
(b)any action to promote the broad aims for contributing to the eradication of child poverty.
(2)A Welsh authority must have regard to the guidance when exercising its functions.
(3)In exercising its functions under sections 11 and 12, a local authority must have regard to any guidance given from time to time by the Welsh Ministers.
18DirectionsW
(1)This section applies if the Welsh Ministers are satisfied that any other Welsh authority is failing, or is likely to fail, to comply with any duty under section 2, 7, 10, 11 or 12.
(2)The Welsh Ministers may direct the Welsh authority to take any action which the Welsh Ministers consider necessary or expedient to secure its compliance with the requirements of the relevant duty.
(3)A direction given under this section—
(a)must be given in writing;
(b)may be varied or revoked by a later direction;
(c)is enforceable by mandatory order on the application of the Welsh Ministers.
PART 2 WCHILD MINDING AND DAY CARE FOR CHILDREN
Main termsW
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of child mindingW
20Register of child mindersW
21Duty of child minders to registerW
Registration of day care for childrenW
22Register of providers of day care for childrenW
23Duty of day care providers to registerW
Process and requirements of registrationW
24Applications for registration: child mindingW
25Prescribed requirements for registration as a child minderW
26Applications for registration: day care for childrenW
27Prescribed requirements for registration of providers of day care for childrenW
28Entry on the register and certificatesW
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30Regulations governing activitiesW
Cancellation and suspension of registrationW
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32Suspension of registrationW
33Voluntary removal from the registerW
Emergency protectionW
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35Protection of children in an emergency: changes to conditionsW
Procedural safeguardsW
36Procedure for taking certain stepsW
37AppealsW
Disqualification from registrationW
38Disqualification from registrationW
39Consequences of disqualificationW
InspectionW
40InspectionW
41Powers of entryW
42Powers of inspectionW
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InformationW
44Supply of information to the Welsh MinistersW
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Offences, criminal proceedings and fixed penaltiesW
46Offence of making false or misleading statementW
47Penalty noticesW
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49Time limit for proceedingsW
50Offences by bodies corporateW
51Unincorporated associationsW
MiscellaneousW
52Functions of local authoritiesW
53FeesW
54Co-operation between authoritiesW
55NoticesW
56Death of registered personW
PART 3 WINTEGRATED FAMILY SUPPORT TEAMS
TeamsW
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60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BoardsW
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62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RegulationsW
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ReportsW
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GuidanceW
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PART 4 WMISCELLANEOUS AND GENERAL
Prospective
Family social work standards officersW
66Family social work standards officersW
A local authority must designate an officer of the authority (to be known as the “family social work standards officer”) as having responsibility for the following matters in relation to social work conducted by or on behalf of the authority in connection with children and persons who care for children—
(a)raising standards in social work practice;
(b)raising awareness of relevant research evidence amongst persons engaged in social work;
(c)promoting adaptation of social work practice in the light of relevant research evidence.
Prospective
Children's needs arising from community care and health needs of their parentsW
67Children's needs arising from community care needs of their parentsW
(1)This section applies to a child where it appears to a local authority that the child's parent—
(a)is a person for whom it may provide or arrange for the provision of community care services, and
(b)may be in need of any such services.
(2)A local authority must consider whether the child appears to the authority to be a child in need as a result of the needs of the parent.
(3)A local authority must take account of the results of its consideration under subsection (2) in deciding—
(a)whether or not to assess the needs of the child for the purposes of section 17 of the Children Act 1989 (c. 41) (provision of services for children in need), and
(b)what, if any, services to provide under that section for the child or the child's family.
(4)A local authority must take account of the results of its consideration under subsection (2) in making any decision in respect of the parent under section 47(1)(b) of the National Health Service and Community Care Act 1990 (c. 19) (assessment of needs for community care services).
(5)In this section—
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“child in need” (“plentyn mewn angen”) means a child taken to be in need for the purposes of Part 3 of the Children Act 1989;
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“community care services” (“gwasanaethau gofal cymunedol”) has the same meaning as in section 46 of the National Health Service and Community Care Act 1990.
(6)In this section and in section 68 “parent”, in relation to a child, includes any individual—
(a)who is not a parent of the child but who has parental responsibility for the child, or
(b)who has care of the child.
(7)For the purposes of subsection (6)—
(a)“parental responsibility” has the same meaning as in the Children Act 1989 (c. 41);
(b)in determining whether an individual has care of a child, any absence of the child at a hospital, children's home or foster placement and any other temporary absence is to be disregarded.
68Children's needs arising from the health conditions of their parentsW
(1)This section applies to the provision of specified health services to a child's parent where the services are provided by, or secured by, a specified National Health Service body.
(2)A specified National Health Service body must make such arrangements as it thinks fit—
(a)for consideration to be given to the effect of any health condition of the parent on the needs of the child and whether that effect may call for the provision of services by a local authority in the exercise of its social services functions;
(b)for referral of appropriate cases to the relevant local authority, subject to any duty owed by the National Health Service body to the child or the parent in respect of the disclosure of information relating to the child or the parent.
(3)In this section—
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“health” (“iechyd”) means physical or mental health;
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“National Health Service body” (“corff Gwasanaeth Iechyd Gwladol”) means any one of the following—
(a)a Local Health Board;
(b)a National Health Service trust;
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“specified” (“penodedig”) means specified by order of the Welsh Ministers.
Prospective
Social services functionsW
F369Social services functionsW
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Textual Amendments
F3S. 69 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 277
GeneralW
70GuidanceW
(1)This section has effect in relation to any guidance issued by the Welsh Ministers under this Measure to bodies that must have regard to it.
(2)The Welsh Ministers—
(a)may give guidance to bodies generally or to one or more particular bodies;
(b)may issue different guidance to or in respect of different bodies;
(c)must, before they issue guidance, consult the bodies that must have regard to the guidance;
(d)must publish the guidance.
Prospective
71General interpretationW
In this Measure—
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“child” (“plentyn”) means a person who has not attained the age of 18;
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“child minding” (“gwarchod plant”) is to be interpreted in accordance with section 19 for the purposes of Part 2;
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“day care for children” (“gofal dydd i blant”) (and “day care” (“gofal dydd”)) is to be interpreted in accordance with section 19 for the purposes of Part 2;
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“local authority” (“awdurdod lleol”) means a county council or a county borough council in Wales;
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“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42);
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“premises” (“mangre”) includes any area and any vehicle;
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“prescribed” (“rhagnodi”) means prescribed in regulations;
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“regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;
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“Welsh authority” (“awdurdod Cymreig”) means a person specified in section 6(1).
72Minor and consequential amendmentsW
Schedule 1 contains minor and consequential amendments.
73RepealsW
Schedule 2 contains repeals.
74Orders and regulationsW
(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.
(2)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—
(a)to make different provision for different cases or classes of case, different areas or different purposes;
(b)to make provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;
(c)to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit.
(3)Any statutory instrument containing regulations made under this Measure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(4)Subsection (3) does not apply to orders to which subsection (5) applies.
(5)A statutory instrument containing regulations under section 2(5) or an order under section 1(8), 6(2), or 19(4) 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.
75CommencementW
(1)The following provisions come into force at the end of a period of two months beginning on the day on which this Measure is approved by Her Majesty in Council—
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section 1;
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section 2 (in so far as it applies the Welsh Ministers);
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section 3;
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section 74;
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this section;
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section 76.
(2)Paragraphs 19 to 20 of Schedule 1 come into force on the day on which this Measure is approved by Her Majesty in Council.
(3)The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order.
76Short titleW
This Measure may be cited as the Children and Families (Wales) Measure 2010.
(introduced by section 72)
SCHEDULE 1WMINOR AND CONSEQUENTIAL AMENDMENTS
Magistrates' Courts Act 1980 (c. 43)W
1WAmend the Magistrates' Courts Act 1980 as follows.
2WIn section 65 (meaning of family proceedings), in subsection (1) after paragraph (nza) insert—
“(nzb)sections 34 and 43 of the Children and Families (Wales) Measure 2010;”.
Senior Courts Act 1981 (c. 54)W
3WAmend the Senior Courts Act 1981 as follows.
4WIn Schedule 1 (distribution of business in High Court) after paragraph 3(ea) insert—
“(eb)proceedings under section 43 of the Children and Families (Wales) Measure 2010;”.
Children Act 1989 (c. 41)W
5WAmend the Children Act 1989 as follows.
6WIn Section 80 (inspection of children's homes etc by persons authorised by the Welsh Ministers)—
(a)in subsection (1) omit paragraph (i);
(b)in subsection (5) omit paragraphs (h) and (hh).
7WIn section 105 (interpretation)—
(a)in subsection (1)—
(i)in the definition of “day care” omit “(except in Part XA)”;
(ii)in the definition of “hospital” omit “(except in Schedule 9A)”;
(b)omit subsection (5A).
Water Industry Act 1991 (c. 56)W
8WAmend the Water Industry Act 1991 as follows.
9WIn Schedule 4A (premises that are not to be disconnected for non-payment of charges) in paragraph 12(2) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.
Protection of Children Act 1999 (c. 14)W
10WAmend the Protection of Children Act 1999 as follows.
11WIn section 2A (power of certain authorities to refer individuals for inclusion in list of persons considered unsuitable to work with children), in subsection (1)(a) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.
12WIn section 9 (the Tribunal), in subsection (2)—
(a)in paragraph (c) omit “or under, or by virtue of, Part XA of that Act”;
(b)in paragraph (f), omit “or”;
(c)at the end of paragraph (g) insert “ ; or ”;
(d)after paragraph (g) insert—
“(h)on an appeal under, or by virtue of, Part 2 of the Children and Families (Wales) Measure 2010”.
Care Standards Act 2000 (c. 14)W
13WAmend the Care Standards Act 2000 as follows.
14WIn section 55(3)(e)—
(a)for “Assembly” in both places where it appears substitute “ Welsh Assembly Government ”;
(b)for “section 79T of that Act” substitute “ section 40 of the Children and Families (Wales) Measure 2010 ”.
Children Act 2004 (c. 31)W
15WAmend the Children Act 2004 as follows.
16WIn section 29 (information databases: Wales) in subsection (8)(a) for “Part 10A of the Children Act 1989 (c. 41)” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.
Education Act 2005 (c .18)W
17WAmend the Education Act 2005 as follows.
18WIn section 59 (combined reports), for subsection (1)(b) substitute the following—
“(b)Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),”.
Education and Inspections Act 2006 (c. 40)W
19WAmend section 162 of the Education and Inspections Act 2006 (as amended by the Education (Wales) Measure 2009) as follows.
20WIn subsection (5A)—
(a)after paragraph (a) insert—
“(aa)make such provision as appears to them to be appropriate for the purpose of—
(i)repealing any reference in a Measure of the National Assembly for Wales to a children's services authority (however expressed), and
(ii)replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;”;
(b)in paragraph (b), after “paragraph (a)” insert “ or paragraph (aa) ”.
Childcare Act 2006 (c. 21)W
21WAmend the Childcare Act 2006 as follows.
22WIn section 30 (interpretation of Part 2) in the definition of “childcare”, for “Part 10A of the Children Act 1989 (c 41)” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.
23WIn section 75 (disqualification from registration), in subsection (3)(f) after “Part 10A of the Children Act 1989 (c 41)” insert “ or under Part 2 of the Children and Families (Wales) Measure 2010 ”.
24WIn section 101 (provision of information about children: Wales)—
(a)in subsection (1)(a) for “Part 10A of the Children Act 1989 (c 41)” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”;
(b)in subsection (9), in the definition of “child minding” and “day care” for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.
National Health Service (Wales) Act 2006 (c. 42)W
25WAmend the National Health Service (Wales) Act 2006 as follows.
26WIn Schedule 1, paragraph 7A (weighing and measuring of children)—
(a)in sub-paragraph (3) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”;
(b)in sub-paragraph (4) for “Part 10A of the Children Act 1989” substitute “ Part 2 of the Children and Families (Wales) Measure 2010 ”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)W
27WAmend the Safeguarding Vulnerable Groups Act 2006 as follows.
28WIn Schedule 4—
(a)in paragraph 1(6)(a) for “section 79D of the Children Act 1989 (c 41)” substitute “ section 21 of the Children and Families (Wales) Measure 2010 ”;
(b)in paragraph 1(6)(b), after “eight” insert “ (or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010) ”;
(c)in paragraph 3(2)(c), for “(within the meaning of section 79A of the Children Act 1989 (c 41))” substitute “ (within the meaning of section 19 of the Children and Families (Wales) Measure 2010) ”.
(introduced by section 73)
SCHEDULE 2WREPEALS
Short title and chapter | Extent of repeal |
---|---|
Children Act 1989 (c. 41) |
In section 80(1), paragraph (i). In section 80(5), paragraphs (h) and (hh). In section 105, subsection (5A). Part XA. Schedule 9A. |
Education Act 2002 (c. 32) | Section 176. |
Education Act 2005 (c. 18) | In Schedule 7, paragraphs 5 and 6. |
Childcare Act 2006 (c. 21) | In Schedule 2, paragraphs 5 to 18. |
Education and Inspections Act 2006 (c. 40) | Section 167. |
Education and Skills Act 2008 (c. 25) | Section 158. |