- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/03/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/04/2016
Point in time view as at 10/03/2014.
Children Act 1989, Cross Heading: Visiting is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1S. 23ZA and cross-heading inserted (1.9.2009 and 15.11.2010 for certain purposes for E., 26.4.2010 for certain purposes for W., 28.3.2011 for W. otherwise, 1.4.2011 for E. otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 15, 44; S.I. 2009/2273, art. 2(2)(d); S.I. 2010/1326, art. 2(d); S.I. 2010/2714, art. 2(d); S.I. 2010/2981, art. 4(d) (with art. 5); S.I. 2011/949, art. 3(1)(a)
(1)This section applies to—
(a)a child looked after by a local authority;
(b)a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.
(2)It is the duty of the local authority—
(a)to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
(b)to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
(3)The duties imposed by subsection (2)—
(a)are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;
(b)are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.
(4)Regulations under this section for the purposes of subsection (3)(a) may make provision about—
(a)the frequency of visits;
(b)circumstances in which a person to whom this section applies must be visited by a representative; and
(c)the functions of a representative.
(5)In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
(1)A local authority looking after a child must appoint an independent person to be the child's visitor if—
(a)the child falls within a description prescribed in regulations made by the appropriate national authority; or
(b)in any other case, it appears to them that it would be in the child's interests to do so.
(2)A person appointed under this section must visit, befriend and advise the child.
(3)A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.
(4)A person's appointment as a visitor in pursuance of this section comes to an end if—
(a)the child ceases to be looked after by the local authority;
(b)the person resigns the appointment by giving notice in writing to the appointing authority; or
(c)the authority give him notice in writing that they have terminated it.
(5)The ending of such an appointment does not affect any duty under this section to make a further appointment.
(6)Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—
(a)the child objects to it; and
(b)the authority are satisfied that the child has sufficient understanding to make an informed decision.
(7)Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—
(a)the child objects to its continuing; and
(b)the authority are satisfied that the child has sufficient understanding to make an informed decision.
(8)If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.
(9)The appropriate national authority may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.]]
Textual Amendments
F2S. 23ZB inserted (1.9.2009 for E. for certain purposes, 26.4.2010 for W. for certain purposes, 1.4.2011 otherwise for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 16(1), 44; S.I. 2009/2273, art. 2(2)(e); S.I. 2010/1329, art. 2(e); S.I. 2010/2981, art. 4(e)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys