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2004 No. 1449 (W.149)

CHILDREN AND YOUNG PERSONS, WALES

The Review of Children's Cases (Amendment) (Wales) Regulations 2004

  Made 26 May 2004 
  Coming into force 1 September 2004 

The National Assembly for Wales in exercise of the powers conferred by section 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 1989[1] hereby makes the following Regulations:

Citation, commencement, interpretation and application
     1.  - (1) These Regulations may be cited as the Review of Children's Cases (Amendment) (Wales) Regulations 2004 and shall come into force on 1 September 2004.

    (2) In these Regulations "the principal Regulations" ("y prif Reoliadau") means the Review of Children's Cases Regulations 1991[
2].

    (3) These Regulations apply to Wales.

Amendment of the principal Regulations
     2.  - (1) The principal Regulations are amended as follows.

    (2) After regulation 2 insert - 

    (3) For regulation 3 substitute - 

    (4) After regulation 8 insert - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
3].


D. Elis-Thomas
The Presiding Officer of the National Assembly

26 May 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations impose new obligations on local authorities and voluntary organisations to appoint independent reviewing officers ("IROs") in connection with the review of cases of children who are being looked after or for whom accommodation is being provided under Part VII of the Children Act 1989.

The power to require local authorities to appoint IROs was inserted in section 26 of the Children Act 1989 (review of cases) by section 118 of the Adoption and Children Act 2002. The requirements may be applied to voluntary organisations by virtue of section 59(4) and (5) of the Children Act 1989.

Regulation 2 amends the Review of Children's Cases Regulations 1991 made under section 26 of the Children Act 1989. The new regulation 2A provides for the functions of IROs, the description of persons that may be appointed as IROs and the manner in which the IROs should carry out their functions. It also substitutes a new regulation 3, providing for timing of reviews (including provision for reviews to be held when the IRO so directs). The new regulation 8A requires the local authority to inform the IRO about any significant change of circumstances following a review or significant failure to implement decisions of a review.


Notes:

[1] 1989 c.41. The powers are exercisable by the Secretary of State. In relation to Wales the functions are transferred to the National Assembly for Wales by Article 2 of, and the entry for the 1989 Act in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 145(1) of the Adoption and Children Act 2002. Section 26 was amended by section 118 of the Adoption and Children Act 2002 (c.38).back

[2] S.I.1991/895 amended by S.I. 1991/2033, S.I. 1993/3069, S.I. 1995/2015, S.I. 1997/649, S.I. 2002/2935 and S.I. 2002/3013.back

[3] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11090951 8


  © Crown copyright 2004

Prepared 4 June 2004


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URL: http://www.bailii.org/wales/legis/num_reg/2004/20041449e.html