Legislation – Children and Families (Wales) Measure 2010

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Introduction

PART 1
CHILD POVERTY, PLAY AND PARTICIPATION

CHAPTER 1 ERADICATING CHILD POVERTY

Broad aims

1 Broad aims for contributing to the eradication of child poverty

Strategies

2 trategies for contributing to the eradication of child poverty

3 Strategies prepared by the Welsh Ministers

4 Strategies prepared by local authorities (children’s services authorities)

5 Strategies prepared by other Welsh authorities

The Welsh authorities

6 The Welsh authorities

Services to tackle child poverty

7 Local authority duty to secure the availability of free childcare

8 Parental support services: powers of a local authority

9 Health support services: powers of a local authority

10 Regulations about services to tackle child poverty

CHAPTER 2 PLAY AND PARTICIPATION

Play opportunities

11 Local authority duties in respect of play opportunities for children

Participation

12 Participation of children in local authority decision making

CHAPTER 3 INSPECTION, GUIDANCE AND DIRECTIONS

Inspection

13 Inspection

14 Powers of entry

15 Powers of inspection

16 Power to require information

Guidance and directions

17 Guidance

18 Directions

PART 2
CHILD MINDING AND DAY CARE FOR CHILDREN

19 Meaning of “child minding” and “day care for children”

20 Register of child minders

21 Duty of child minders to register

22 Register of providers of day care for children

23 Duty of day care providers to register

24 Applications for registration: child minding

25 Prescribed requirements for registration as a child minder

26 Applications for registration: day care for children

27 Prescribed requirements for registration of providers of day care for children

28 Entry on the register and certificates

29 Conditions on registration

30 Regulations governing activities

31 Cancellation of registration

32 Suspension of registration

33 Voluntary removal from the register

34 Protection of children in an emergency: cancellation of registration

35 Protection of children in an emergency: changes to conditions

36 Procedure for taking certain steps

37 Appeals

38 Disqualification from registration

39 Consequences of disqualification

40 Inspection

41 Powers of entry

42 Powers of inspection

43 Power of constable to assist in exercising powers of entry

44 Supply of information to the Welsh Ministers

45 Supply of information to local authorities

46 Offence of making false or misleading statement

47 Penalty notices

48 Penalty notices: supplementary provisions

49 Time limit for proceedings

50 Offences by bodies corporate

51 Unincorporated associations

52 Functions of local authorities

53 Fees

54 Co-operation between authorities

55 Notices

56 Death of registered person

PART 3
INTEGRATED FAMILY SUPPORT TEAMS

57 Establishment of integrated family support teams

58 Functions of integrated family support teams

59 Resources for integrated family support teams

60 Composition of integrated family support teams

61 Establishment of integrated family support boards

62 Functions of integrated family support boards

63 Regulations about integrated family support teams and boards

64 Annual reports on integrated family support teams

65 Guidance about integrated family support teams

PART 4
MISCELLANEOUS AND GENERAL

66 Family social work standards officers

67 Children’s needs arising from community care needs of their parents

68 Children’s needs arising from the health conditions of their parents

69 Social services functions

70 Guidance

71 General interpretation

72 Minor and consequential amendments

73 Repeals

74 Orders and regulations

75 Commencement

76 Short title

SCHEDULES

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

SCHEDULE 2 REPEALS

SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS

(introduced by section 72)

Magistrates’ Courts Act 1980 (c. 43)

1

Amend the Magistrates’ Courts Act 1980 as follows.

2

In section 65 (meaning of family proceedings), in subsection (1) after paragraph (nza) insert—

“(nzb)

sections 34 and 43 of the Children and Families (Wales) Measure 2010;”.

Senior Courts Act 1981 (c. 54)

3

Amend the Senior Courts Act 1981 as follows.

4

In Schedule 1 (distribution of business in High Court) after paragraph 3(ea) insert—

“(eb)

proceedings under section 43 of the Children and Families (Wales) Measure 2010;”.

Children Act 1989 (c. 41)

5

Amend the Children Act 1989 as follows.

6

In Section 80 (inspection of children’s homes etc by persons authorised by the Welsh Ministers)—

(a)

in subsection (1) omit paragraph (i);

(b)

in subsection (5) omit paragraphs (h) and (hh).

7

In section 105 (interpretation)—

(a)

in subsection (1)—

(i)

in the definition of “day care” omit “(except in Part XA)”;

(ii)

in the definition of “hospital” omit “(except in Schedule 9A)”;

(b)

omit subsection (5A).

Water Industry Act 1991 (c. 56)

8

Amend the Water Industry Act 1991 as follows.

9

In Schedule 4A (premises that are not to be disconnected for non-payment of charges) in paragraph 12(2) for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.

Protection of Children Act 1999 (c. 14)

10

Amend the Protection of Children Act 1999 as follows.

11

In section 2A (power of certain authorities to refer individuals for inclusion in list of persons considered unsuitable to work with children), in subsection (1)(a) for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.

12

In section 9 (the Tribunal), in subsection (2)—

(a)

in paragraph (c) omit “or under, or by virtue of, Part XA of that Act”;

(b)

in paragraph (f), omit “or”;

(c)

at the end of paragraph (g) insert “; or”;

(d)

after paragraph (g) insert—

“(h)

on an appeal under, or by virtue of, Part 2 of the Children and Families (Wales) Measure 2010”.

Care Standards Act 2000 (c. 14)

13

Amend the Care Standards Act 2000 as follows.

14

In section 55(3)(e)—

(a)

for “Assembly” in both places where it appears substitute “Welsh Assembly Government”;

(b)

for “section 79T of that Act” substitute “section 40 of the Children and Families (Wales) Measure 2010”.

Children Act 2004 (c. 31)

15

Amend the Children Act 2004 as follows.

16

In section 29 (information databases: Wales) in subsection (8)(a) for “Part 10A of the Children Act 1989 (c. 41)” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.

Education Act 2005 (c .18)

17

Amend the Education Act 2005 as follows.

18

In section 59 (combined reports), for subsection (1)(b) substitute the following—

“(b)

Part 2 of the Children and Families (Wales) Measure 2010 (child minding and day care for children),”.

Education and Inspections Act 2006 (c. 40)

19

Amend section 162 of the Education and Inspections Act 2006 (as amended by the Education (Wales) Measure 2009) as follows.

20

In subsection (5A)—

(a)

after paragraph (a) insert—

“(aa)

make such provision as appears to them to be appropriate for the purpose of—

(i)

repealing any reference in a Measure of the National Assembly for Wales to a children’s services authority (however expressed), and

(ii)

replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;”;

(b)

in paragraph (b), after “paragraph (a)” insert “or paragraph (aa)”.

Childcare Act 2006 (c. 21)

21

Amend the Childcare Act 2006 as follows.

22

In section 30 (interpretation of Part 2) in the definition of “childcare”, for “Part 10A of the Children Act 1989 (c 41)” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.

23

In section 75 (disqualification from registration), in subsection (3)(f) after “Part 10A of the Children Act 1989 (c 41)” insert “or under Part 2 of the Children and Families (Wales) Measure 2010”.

24

In section 101 (provision of information about children: Wales)—

(a)

in subsection (1)(a) for “Part 10A of the Children Act 1989 (c 41)” substitute “Part 2 of the Children and Families (Wales) Measure 2010”;

(b)

in subsection (9), in the definition of “child minding” and “day care” for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.

National Health Service (Wales) Act 2006 (c. 42)

25

Amend the National Health Service (Wales) Act 2006 as follows.

26

In Schedule 1, paragraph 7A (weighing and measuring of children)—

(a)

in sub-paragraph (3) for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”;

(b)

in sub-paragraph (4) for “Part 10A of the Children Act 1989” substitute “Part 2 of the Children and Families (Wales) Measure 2010”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

27

Amend the Safeguarding Vulnerable Groups Act 2006 as follows.

28

In Schedule 4—

(a)

in paragraph 1(6)(a) for “section 79D of the Children Act 1989 (c 41)” substitute “section 21 of the Children and Families (Wales) Measure 2010”;

(b)

in paragraph 1(6)(b), after “eight” insert “(or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010)”;

(c)

in paragraph 3(2)(c), for “(within the meaning of section 79A of the Children Act 1989 (c 41))” substitute “(within the meaning of section 19 of the Children and Families (Wales) Measure 2010)”.