Welsh Statutory Instruments
CHILDREN AND YOUNG PERSONS, WALES
SOCIAL CARE, WALES
Made
27th November 2002
Coming into force
31st December 2002
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 23(2)(a) and (f), (5) and (9), 23A(3), 25(2) and (7), 26(1), (2), (5) and (6), 51(4), 59(2) to (5) and 104(4) of, and paragraphs 13 and 14 of Schedule 2, paragraph 4(1)(a) of Schedule 4, paragraph 7(1)(a) of Schedule 5, and paragraph 10(1)(a) and (2)(l) of Schedule 6 to, the Children Act 1989(1) and sections 3(3), 12(2)(a), 16(1)(a) and (3), 22(1) and 118(6) of the Care Standards Act(2) being of the opinion that these Regulations do not effect any substantial change in the provision made by other regulations made under section 22 of the 2000 Act(3) hereby makes the following Regulations:
1989 c. 41. The powers are conferred upon the Secretary of State. They are exercisable by the National Assembly for Wales in relation to Wales by virtue of section 22(1) of the Government of Wales Act 1998 (c. 38), and article 2 of, and the entry in respect of the Children Act 1989 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and, in respect of the power under section 23A of the 1989 Act, by section 8(7) of the Children (Leaving Care) Act 2000 (c. 35). See section 105(1) of the 1989 Act for the definition of “prescribed”.
2000 c. 14. The powers are conferred upon the “appropriate Minister”. “appropriate Minister” means the Assembly in relation to Wales: s.121(1) of the 2000 Act. “Assembly” means the National Assembly for Wales: section 5(b) of the 2000 Act. In relation to England, Scotland and Northern Ireland “appropriate Minister” means the Secretary of State: section 121(1) of the 2000 Act. See section 121(1) of the 2000 Act for the definitions of “regulations” and “prescribed”.
Under section 22(9) of the 2000 Act the appropriate Minister shall consult any person he considers appropriate before making any regulations under section 22, unless the regulations amend other regulations made under that section and in his opinion the regulations do not effect any substantial change in the provision made by those regulations. These Regulations amend other regulations made under section 22: see regulation 2.