Children's Commissioner for Wales Act 2001 This Act amended the 2000 Care Standards Act to make further provisions relating to the role of the Children's Commissioner for Wales.
The text of the Children's Commissioner for Wales Act 2001 was prepared by Derek Gillard and uploaded on 9 December 2020. |
Children's Commissioner for Wales Act 2001 © Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland. [page i] 1 Application of Part 5 of the Care Standards Act 2000
Schedule - Persons and arrangements subject to review Part 1 - Schedule 2A to be inserted in the Care Standards Act 2000 [page 1] An Act to make further provision about the Children's Commissioner for Wales. [11th May 2001] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1 Application of Part 5 of the Care Standards Act 2000 (1) Section 78 of the Care Standards Act 2000 (c. 14) (interpretation) is amended as follows. (2) For subsection (1) substitute - "(1) This Part applies to a child -(a) who is ordinarily resident in Wales;(1A) Regulations may provide that, for the purposes of this Part of this Act, "child" includes a person aged 18 or over who falls within subsection (1B). [page 2] (3) For subsection (6) substitute -(a) section 23C, 24, 24A or 24B of the Children Act 1989 (c. 41) (which provide for the continuing duties of such councils towards young persons); or "(6) Regulations may provide for the references to a child in subsection (1) to include references to a person (including a child) who was at any time (including a time before the commencement of this Part) -2 Principal aim of the Commissioner(a) a child ordinarily resident in Wales; After section 72 of the Care Standards Act 2000 (c. 14) (establishment of the office of the Children's Commissioner for Wales) insert - "72A Principal aim of the Commissioner3 Review of exercise of functions of Assembly and other persons (1) After section 72A of the Care Standards Act 2000 (which is inserted by section 2 above) insert - "72B Review of exercise of functions of Assembly and other persons [page 3] (3) An order under subsection (2) may add a person to Schedule 2A only if -(2) After Schedule 2 to the Care Standards Act 2000 (c. 14), insert the Schedule 2A contained in Part 1 of the Schedule to this Act.(a) some or all of the person's functions are in a field in which the Assembly has functions;(4) An order under subsection (2) may add to Schedule 2A a person who does not satisfy the condition in subsection (3)(c) if the Secretary of State gives consent. 4 Review and monitoring of arrangements (1) Section 73 of the Care Standards Act 2000 (review and monitoring of arrangements) is amended as follows. (2) In subsection (1) - (a) after "subsection (2)," insert "(2A), (2B), (2C),"; and(3) After that subsection insert - "(1A) The Commissioner may also assess the effect on such children of the failure of any person to make such arrangements.". [page 4] (4) In subsection (2), for "in respect of such services made by or on behalf of children to whom this Part applies" substitute "about such services made by or on behalf of children to whom such services are provided". (5) After that subsection insert - "(2A) The arrangements falling within this subsection are the arrangements made by a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about services provided in Wales by the person to or in respect of the child.(6) In subsection (3) - (a) for "or by the Assembly" substitute "by the Assembly, or by another person mentioned in Schedule 2B or subsection (2B)";(7) After that subsection insert - "(3A) The services are -(8) In subsection (4), for "to whom this Part applies" substitute" -(a) in the case of a person mentioned in Schedule 2B, services provided in Wales by the person to or in respect of a child; (9) After subsection (5) insert -(i) to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or "(5A) The Assembly may by order amend this section or Schedule 2B by -(a) adding any person to that Schedule; [page 5] (10) After Schedule 2A to the Care Standards Act 2000 (c. 14) (which is inserted by section 3(2) above), insert the Schedule 2B contained in Part II of the Schedule to this Act.(c) altering the description of any person mentioned in that Schedule; or(5B) An order under subsection (5A) may add a person to Schedule 2B only if - 5 Additional power of consideration and representation (1) After section 75 of the Care Standards Act 2000 (c. 14) insert - "75A Additional power of consideration and representation [page 6] representations about the matter in question by virtue of any other provision of this Act or any other enactment.".(2) In section 74 of that Act - (a) in subsection (1), after "may" insert ", in connection with the Commissioner's functions under this Part,"; and6 Further functions of the Commissioner In section 76 of the Care Standards Act 2000 (c. 14) (further functions of the Commissioner) - (a) in subsection (1), after paragraph (a) insert -7 Consequential, etc. provision"(aa) in making a complaint or representation to or in respect of a person mentioned in Schedule 2B or section 73(2B);";(b) after that subsection insert -"(1A) The proceedings which may be prescribed by virtue of subsection (1)(b) are proceedings relating to -(c) after subsection (5) insert -(a) the exercise or proposed exercise of a function as mentioned in section 72B(1); In section 118(8) of the Care Standards Act 2000 (orders and regulations) after "regulations" insert "or an order". 8 Financial provisions There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act. 9 Commencement, short title and extent (1) This Act (apart from this section) shall come into force on such day as the Assembly may by order made by statutory instrument appoint, and different days may be appointed for different purposes. (2) An order under subsection (1) may make such transitional or consequential provision as the Assembly considers appropriate. (3) This Act may be cited as the Children's Commissioner for Wales Act 2001. [page 7] (4) This Act does not extend to Scotland or Northern Ireland.
[page 8]
PART 1 SCHEDULE 2A TO BE INSERTED IN THE CARE STANDARDS ACT 2000 "SCHEDULE 2A PERSONS SUBJECT TO REVIEW BY THE COMMISSIONER UNDER SECTION 72B. 1 Any county council, county borough council or community council in Wales. 2 Any Health Authority for an area in, or consisting of, Wales. 3 Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales. 4 The National Council for Education and Training for Wales. 5 Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales. 6 Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales. 7 Any institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992. 8 Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section. 9 Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31). 10 Her Majesty's Chief Inspector of Education and Training in Wales. 11 Any agricultural wages committee for an area wholly in, or consisting of, Wales. 12 A National Park authority for a National Park in Wales. 13 The Arts Council of Wales. 14 The Care Council for Wales. 15 The Countryside Council for Wales. [page 9] 16 The National Library of Wales. 17 The National Museums and Galleries of Wales. 18 The Qualifications, Curriculum and Assessment Authority for Wales. 19 The Royal Commission on the Ancient and Historical Monuments of Wales. 20 The Sports Council for Wales. 21 The Wales Tourist Board. 22 The Welsh Development Agency. 23 The Welsh Language Board. 24 The Welsh National Board for Nursing, Midwifery and Health Visiting.". SCHEDULE 2B TO BE INSERTED IN THE CARE STANDARDS ACT 2000 "SCHEDULE 2B PERSONS WHOSE ARRANGEMENTS ARE SUBJECT TO REVIEW BY THE COMMISSIONER UNDER SECTION 73. 1 The Assembly. 2 Any county council or county borough council in Wales. 3 Any Health Authority for an area in, or consisting of, Wales. 4 Any National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales. 5 The National Council for Education and Training for Wales. 6 Any further education corporation within the meaning of section 17(1) of the Further and Higher Education Act 1992 (c. 13) which conducts an institution in Wales. 7 Any higher education corporation within the meaning of section 90(1) of the Further and Higher Education Act 1992 which conducts an institution in Wales. 8 Any institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992. 9 Any institution in Wales in relation to which a designation under section 28 of the Further and Higher Education Act 1992 has effect, which on the date the designation took effect was an institution falling within subsection (2)(a) of that section. 10 Any governing body of a school in Wales which is a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31).". |