Children and Young Persons Act 2008 Explanatory Notes

Children and Young Persons Act 2008

2008 CHAPTER 23

Commentary on Sections

Part 5 – Supplementary, General and Final Provisions (Sections 39 to 45)

Supplementary

Section 39 and Schedule 3: Minor and supplementary amendments to the 1989 Act

153. Provisions in the Act, notably sections 8, 9, 10, 15, 16, 18, 19 and 25; andSchedules 1 and 2insert new provisions into the 1989 Act, primarily into Part 3 and Schedule 2.  The new provisions reflect the current status of devolution under the Government of Wales Act 2006 and, where appropriate, refer to “Welsh Ministers” directly, or to the Welsh Ministers as the “appropriate national authority”. These references are not textually consistent with existing references in Part 3 of the 1989 Act to the “Secretary of State”, which are to be read (where appropriate) as references to the Welsh Ministers by virtue of the Government of Wales Act 2006.  Therefore, in order to achieve clarity and textual consistency in the Parts of 1989 Act that are amended by this Act, section 39 gives effect to Schedule 3, which amends Parts 3 and 7 of, and Schedule 2 to, the 1989 Act by substituting references to the Welsh Ministers or to the appropriate national authority, for existing references to the Secretary of State.  Schedule 3also inserts a new section 104A into the 1989 Act, which makes provision for regulations and orders made by the Welsh Ministers under Part 3 and certain other parts of that Act.

General