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Welsh Statutory Instruments

2017 No. 1025 (W. 263)

Social Care, England And Wales

The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2017

Made

25 October 2017

Coming into force

1 December 2017

The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 198 of the Social Services and Well-being (Wales) Act 2014(1).

A draft of these Regulations was laid before the National Assembly for Wales under section 196(6) of that Act and has been approved by a resolution of the National Assembly for Wales.

Title and commencement

1.—(1) The title of these Regulations is the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2017.

(2) These Regulations come into force on 1 December 2017.

Children Act 1989

2.—(1) The Children Act 1989(2) is amended as follows.

(2) Omit section 25C(2)(3) (referred cases, regulations in respect of Wales).

Local Government and Housing Act 1989

3.—(1) The Local Government and Housing Act 1989(4) is amended as follows.

(2) In section 2(6)(c) for “section 6 of the Local Authority Social Services Act 1970” substitute “section 144 of the Social Services and Well-being (Wales) Act 2014”.

Social Services and Well-being (Wales) Act 2014

4.—(1) The Social Services and Well-being (Wales) Act 2014 is amended as follows.

(2) In sections 76 and 81, for “residence order” wherever the words occur, substitute “child arrangements order”.

Rebecca Evans

Minister for Social Services and Public Health, under authority of the Cabinet Secretary for Health, Wellbeing and Sport, one of the Welsh Ministers

25 October 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 198 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”). They make consequential amendments to primary legislation which are in addition to amendments made in the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016.

Regulation 2 of these Regulations amends the Children Act 1989 by disapplying section 25C(2) in relation to Wales.

Regulation 3 amends section 2(6)(c) of the Local Government and Housing Act 1989 by replacing the reference to “section 6 of the Local Authority Social Services Act 1970” with “section 144 of the Social Services and Well-being (Wales) Act 2014”.

The Children and Families Act 2014 introduced a “child arrangements order”, replacing residence and contact orders. Regulation 4 amends the 2014 Act by replacing references in sections 76 and 81 to “residence order” with “child arrangements order” to reflect this change.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(3)

Section 25C was inserted by the Children and Young Persons Act 2008 (c. 23), section 10(2).