The Children and Young Persons Act 2008 (Commencement No. 1 and Saving Provision) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the first Commencement Order made by the Secretary of State for Children, Schools and Families under the Children and Young Persons Act 2008 (“the Act”).

Article 2 of the Order brings into force on 1st April 2009 sections 31 and 32 of the Act. These sections make provision for the supply of information concerning the death of children to Local Safeguarding Children Boards and for the power of the Registrar General to supply information to national authorities. These sections extend to, and are brought into force in respect of both, England and Wales.

Article 3(1) of the Order brings into force (in relation to England) on 12th February 2009 the following provisions of the Act: sections 6(2), 8(3) and Schedule 2, 20(3), 21(2) in so far as it inserts subsection (5B) into section 23C of the Children Act 1989, 33, 34(1) to (4) (partially) and 35. Section 6(2) of the Act makes provision for an order bringing section 1 (power to enter into arrangements for discharge of care functions) into force to do so by reference to particular local authorities or local authorities of a particular description. Section 8(3) of, and Schedule 2 to, the Act make transitory modifications of Schedule 2 to the Children Act 1989. Section 20(3) provides for the appropriate national authority to make regulations requiring the governing body of a maintained school to ensure that the designated person (the member of staff designated by the governing body as having responsibility for promoting the educational achievement of pupils at a school who are looked after by a local authority) has the qualifications or experience, or both, prescribed by the regulations. Section 21(2) amends section 23C of the Children Act 1989; section 23C(5B) provides for the appropriate national authority to make regulations in relation to entitlements to payment in respect of higher education. Section 33 of the Act makes provision in relation to research and returns of information under the Children Act 1989. Section 34 amends section 12 of the Adoption and Children Act 2002 which makes provision for the independent review of determinations relating to adoption. Section 35 of the Act extends the period allowed for the making of regulations under section 45 or 46 of the Children Act 2004.

Article 3(2) brings fully into force (in relation to England) on 1st April 2009 section 34 of the Act and related repeals in Schedule 4. Article 4 of the Order makes a saving provision in respect of regulations made under section 12 of the Adoption and Children Act 2002.

Article 3(3) brings into force (in relation to England) on 6th April 2009 section 30 of the Act and a related repeal in Schedule 4. Section 30 removes a restriction on the hearing of applications for discharge of emergency protection orders.