Children and Families (Wales) Measure 2010

Legislation Crest

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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

StrategiesW

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3Strategies prepared by the Welsh MinistersW
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Welsh authoritiesW

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Services to tackle child povertyW

7Local authority duty to secure the availability of free childcareW
8Parental support services: powers of a local authorityW
9Health support services: powers of a local authorityW
10Regulations about services to tackle child povertyW

CHAPTER 2WPLAY AND PARTICIPATION

Play opportunitiesW

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ParticipationW

12Participation of children in local authority decision makingW

CHAPTER 3WINSPECTION, GUIDANCE AND DIRECTIONS

Prospective

InspectionW

13InspectionW
14Powers of entryW
15Powers of inspectionW
16Power to require informationW

Guidance and directionsW

17GuidanceW
18DirectionsW

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

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30Regulations governing activitiesW

Cancellation and suspension of registrationW

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32Suspension of registrationW

33Voluntary removal from the registerW

Emergency protectionW

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InformationW

44Supply of information to the Welsh MinistersW

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BoardsW

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RegulationsW

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ReportsW

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GuidanceW

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 WMISCELLANEOUS AND GENERAL

Prospective

Family social work standards officersW

66Family social work standards officersW

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

68Children's needs arising from the health conditions of their parentsW

Prospective

Social services functionsW

F369Social services functionsW

GeneralW

70GuidanceW

Prospective

71General interpretationW

72Minor and consequential amendmentsW

73RepealsW

74Orders and regulationsW

75CommencementW

76Short titleW

(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.