The Children and Young People’s Plan (England) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 57

CHILDREN AND YOUNG PERSONS, ENGLAND

The Children and Young People’s Plan (England) (Amendment) Regulations 2007

Made

11th January 2007

Laid before Parliament

19th January 2007

Coming into force

19th February 2007

The Secretary of State, in exercise of the powers conferred by sections 17 and 66(1) of the Children Act 2004(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Children and Young People’s Plan (England) (Amendment) Regulations 2007 and come into force on 19th February 2007.

Amendment of the Children and Young People’s Plan (England) Regulations 2005

2.  The Children and Young People’s Plan (England) Regulations 2005(2) are amended in accordance with regulations 3 to 6.

3.  In regulation 2, insert the following definitions at the appropriate places—

““proprietor” has the same meaning as in section 579 of the Education Act 1996(3);”;

““school” has the same meaning as in section 4 of the Education Act 1996;”.

4.  In regulation 4(2), for sub-paragraph (a) substitute—

“(a) a statement as to how the authority intend to achieve the improvements referred to in regulation 4(1), with specific reference to the following—

(i) the integration of services provided by the authority and its relevant partners to improve the well-being of children and relevant young persons;

(ii) arrangements made by the authority under section 11(2) of the Children Act 2004 (arrangements to safeguard and promote welfare); and

(iii) arrangements for early intervention and preventative action;”.

5.  In regulation 7—

(a) in paragraph (1)(g), omit “and”; and

(b) after paragraph (1)(h), insert—

“(i) the proprietor of each school in the authority’s area;

(j) the schools forum(4) for the authority’s area; and

(k) the admission forum(5) for the authority’s area.”.

6.  In regulation 9 and in its heading—

(a) for “excellent” in each place where the word occurs, substitute “four stars”;

(b) after paragraph (3) add—

“(4) Where a children’s services authority—

(a) was categorised as excellent by reason of the Local Authorities (Categorisation) (England) (No.2) Order 2005(6), and

(b) is not categorised as four stars by reason of the Local Authorities (Categorisation) (England) Order 2006(7),

regulations 3 to 8 apply to the authority so as to require the authority to publish a plan on or before 1st May 2007.”.

Transitional provisions

7.—(1) The amendments made by regulations 3 to 5 of these Regulations do not apply in relation to any plan that is published before 1st October 2007.

(2) The amendments made by regulation 6(a) of these Regulations do not have any effect in relation to a children’s services authority which, immediately before the coming into force of these Regulations, was required by virtue of regulation 9(2) and (3) of the Children and Young People’s Plan (England) Regulations 2005 to publish a plan on or before 1st April 2007.

Beverley Hughes

Minister of State

Department for Education and Skills

11th January 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Children and Young People’s Plan (England) Regulations 2005 (S.I. 2005/2149) in three substantive respects. They substitute for the requirement to include in a plan a copy of the local authority’s vision statement, a statement as set out in regulation 4 above; they add to the list of consultees in preparing plans; and they make provision for the change in the categorisation of local authorities from the current system in the Local Authorities (Categorisation) (England) (No.2) Order 2005 (S.I. 2005/2416) to the star system brought into effect by the Local Authorities (Categorisation) (England) Order 2006 (S.I. 2006/3096), both Orders made under section 99(4) of the Local Government Act 2003. This latter provision ensures that the exception from the duty to prepare a plan, which is currently allowed to authorities categorised as excellent under the 2005 Order, will transfer to those rated as four stars under the new Order.

Not all authorities will transfer from being excellent to four stars. Regulation 6(b) provides that those authorities previously categorised as excellent and categorised as three stars under the new system have until 1st May 2007 to prepare their plan.

The transitional provisions provide that the amendments in respect of the vision statement and the list of consultees will not apply in relation to any plan that is published before 1st October 2007. They also provide that if an authority is required to publish a plan by 1st April 2007 by virtue of regulation 9(2) and (3) as it stands immediately before the coming into force of these Regulations, the amendments made by regulation 6(a) of these Regulations shall not affect that requirement.

(1)

2004 c. 31.

(2)

S.I. 2005/2149.

(3)

1996 c. 56.

(4)

As to a schools forum, see section 47A of the School Standards and Framework Act 1998 (c. 31).

(5)

As to an admission forum, see section 85A of the School Standards and Framework Act 1998.

(6)

S.I. 2005/2416.

(7)

S.I. 2006/3096.