The Children and Young Persons Act 2008 (Commencement No. 1 and Saving Provision) Order 2009

• Citation: S.I. 2009/268
• Sections: 4

Section 1 Citation and interpretation

(1) This Order may be cited as the Children and Young Persons Act 2008 (Commencement No. 1 and Saving Provision) Order 2009.

(2) In this Order, “ the Act ” means the Children and Young Persons Act 2008.

Section 2 Appointed day for provisions coming into force in relation to England and Wales

1st April 2009 is the appointed day for the coming into force of sections 31 (supply of information concerning the death of children to Local Safeguarding Children Boards) and 32 (power of Registrar General to supply information to national authorities) of the Act.

Section 3 Appointed day for provisions coming into force in relation to England

(1) 12th February 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England—

(a) section 6(2) (piloting of arrangements under Part 1),

(b) section 8(3) (provision of accommodation and maintenance for children who are looked after by a local authority) and Schedule 2 (transitory modifications of Schedule 2 to the Children Act 1989) ,

(c) section 20(3) (designated member of staff at school for pupils looked after by a local authority),

(d) section 21(2) (entitlement to payment in respect of higher education) in so far as it inserts subsection (5B) into section 23C of the Children Act 1989 ,

(e) section 33 (research etc. into matters connected with certain statutory functions),

(f) the following subsections of section 34 (independent review of determinations relating to adoption)—

(i) in so far as it relates to the subsections specified in sub-paragraphs (ii) and (iii) of this sub-paragraph, subsection (1),

(ii) subsections (2) and (3), and

(iii) in so far as it inserts subsection (3A) into section 12 of the Adoption and Children Act 2002 , subsection (4), and

(g) section 35 (extension of period allowed for making regulations under section 45 or 46 of the Children Act 2004 ).

(2) 1st April 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England—

(a) in so far as it is not brought into force by paragraph (1)(f) of this article, section 34, and

(b) section 42 and Schedule 4 (repeals) in so far as they relate to the repeals relating to section 12 of the Adoption and Children Act 2002.

(3) 6th April 2009 is the appointed day for the coming into force of the following provisions of the Act in relation to England—

(a) section 30 (removal of restriction on hearing of application for discharge of emergency protection order), and

(b) section 42 and Schedule 4 (repeals) in so far as they relate to the repeal of section 45(9) of the Children Act 1989.

Section 4 Saving provision

The Independent Review of Determinations (Adoption) Regulations 2005 shall continue to have effect despite the amendments made by section 34 of the Act.