House of Commons portcullis
House of Commons
Session 2000-2001
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Children's Commissioner for Wales Bill
 
 

 
 
A

B I L L

TO

Make further provision about the Children's Commissioner for Wales.

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:-
 

Application of Part V of the Care Standards Act 2000.     1. - (1) Section 78 of the Care Standards Act 2000 (interpretation) is amended as follows.
 
      (2) For subsection (1) substitute-
 
 
    "(1) This Part applies to a child-
 
 
    (a) who is ordinarily resident in Wales;
 
    (b) 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
 
    (c) to or in respect of whom regulated children's services in Wales are provided.
      (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).
 
      (1B) A person falls within this subsection if he is a person to or in respect of whom services are provided in Wales by, or on behalf of or under arrangements with, a county council or county borough council in Wales by virtue of-
 
 
    (a) section 23C, 24, 24A or 24B of the Children Act 1989 (which provide for the continuing duties of such councils towards young persons); or
 
    (b) regulations made under section 23D of that Act (which may provide for the appointment of personal advisers for certain young persons).".
      (3) In subsection (6)(a), after the second "Part" insert-
 
 
      "(i) if he was at that time a child ordinarily resident in Wales;
 
      (ii) if services were provided in Wales to or in respect of him at that time by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or
 
      (iii) ".
Principal aim of the Commissioner.     2. After section 72 of the Care Standards Act 2000 (establishment of the office of the Children's Commissioner for Wales) insert-
 
 
"Principal aim of the Commissioner.     72A. The principal aim of the Commissioner in exercising his functions is to safeguard and promote the rights and welfare of children to whom this Part applies.".
 
Review of exercise of functions of Assembly and other persons.     3. - (1) After section 72A of the Care Standards Act 2000 (which is inserted by section 2 above) insert-
 
 
"Review of exercise of functions of Assembly and others persons.     72B. - (1) The Commissioner may review the effect on children to whom this Part applies of-
 
    (a) the exercise or proposed exercise by the Assembly of any function, including the making or proposed making of any subordinate legislation; or
 
    (b) the exercise or proposed exercise by any person mentioned in Schedule 2A of any function in relation to Wales.
      (2) The Assembly may by order amend this section or Schedule 2A by-
 
 
    (a) adding any person to that Schedule;
 
    (b) omitting any person from that Schedule;
 
    (c) altering the description of any person mentioned in that Schedule; or
 
    (d) making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, a function of the person which although exercisable in relation to Wales is not to be treated as such for the purposes of subsection (1)(b).
      (3) An order under subsection (2) may add a person to Schedule 2A only if-
 
 
    (a) some or all of the person's functions are in a field in which the Assembly has functions;
 
    (b) the person is established under an enactment or by virtue of Her Majesty's prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly; and
 
    (c) (unless consent is given by the Secretary of State under subsection (4)), at least half of the person's expenditure on the exercise of functions in relation to Wales (or, where the person's functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly.
      (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.
 
      (5) An order under subsection (2) must not add to Schedule 2A a person whose sole or main activity is-
 
 
    (a) the investigation of complaints by members of the public about the actions of any person; or
 
    (b) the supervision or review of, or of steps taken following, such an investigation.
      (6) The Assembly may not make an order under subsection (2) if the result would be that the Commissioner could review the effect of the exercise or proposed exercise of a person's function in a field in which the Assembly does not have functions.
 
      (7) In subsection (1)(a) "subordinate legislation" has the same meaning as in the Interpretation Act 1978.".
 
      (2) After Schedule 2 to the Care Standards Act 2000, insert the Schedule 2A contained in Part I of the Schedule to this Act.
 
Review and monitoring of arrangements.     4. - (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
 
    (b) for "to whom this Part applies." substitute"-
 
    (a) 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
 
    (b) to or in respect of whom regulated children's services in Wales are provided.".
      (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.".
 
      (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.
 
      (2B) The arrangements falling within this subsection are the arrangements made by a person providing services in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 2B for dealing with complaints or representations made to the person by or on behalf of a child about a service which is so provided to or in respect of the child.
 
      (2C) The arrangements falling within this subsection are the arrangements made by the Assembly for dealing with complaints or representations made by or on behalf of a child about a service which is provided in Wales to or in respect of the child by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B (other than the Assembly)."
 
      (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)";
 
    (b) for "such services" substitute "the services mentioned in subsection (3A).".
      (7) After that subsection insert-
 
 
    "(3A) The services are-
 
 
    (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;
 
    (b) in the case of a person mentioned in subsection (2B), services provided in Wales by the person to or in respect of a child on behalf of, or under arrangements with, a person mentioned in Schedule 2B;
 
    (c) in the case of a provider of regulated children's services in Wales, those services.".
      (8) In subsection (4), for "to whom this Part applies" substitute"-
 
 
      (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
 
      (ii) to or in respect of whom regulated children's services in Wales are provided".
      (9) After subsection (5) insert-
 
 
    "(5A) The Assembly may by order amend this section or Schedule 2B by-
 
 
    (a) adding any person to that Schedule;
 
    (b) omitting any person from that Schedule;
 
    (c) altering the description of any person mentioned in that Schedule; or
 
    (d) making provision specifying, in respect of a person mentioned in that Schedule and specified in the order, services which although provided by the person in Wales are not to be treated as such for the purposes of the exercise of the Commissioner's functions.
      (5B) An order under subsection (5A) may add a person to Schedule 2B only if-
 
 
    (a) the person provides services in Wales to or in respect of children;
 
    (b) some or all of the person's functions are in a field in which the Assembly has functions;
 
    (c) the person is established under an enactment or by virtue of Her Majesty's prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly; and
 
    (d) (unless consent is given by the Secretary of State under subsection (5C)), at least half of the person's expenditure on the exercise of functions in relation to Wales (or, where the person's functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly.
      (5C) An order may add to Schedule 2B a person who does not satisfy the condition in subsection (5B)(d) if the Secretary of State gives consent.
 
      (5D) An order under subsection (5A) must not add to Schedule 2B a person whose sole or main activity is-
 
 
    (a) the investigation of complaints by members of the public about the actions of any person; or
 
    (b) the supervision or review of, or of steps taken following, such an investigation.
      (5E) The Assembly may not make an order under subsection (5A) if the result would be that the Commissioner could exercise functions in relation to a person's functions in a field in which the Assembly does not have functions.".
 
      (10) After Schedule 2A to the Care Standards Act 2000 (which is inserted by section 3(2) above), insert the Schedule 2B contained in Part II of the Schedule to this Act.
 
Further functions of the Commissioner.     5. In section 76 of the Care Standards Act 2000 (further functions of the Commissioner), in subsection (1), after paragraph (a) insert-
 
 
    "(aa) in making a complaint or representation to or in respect of a person mentioned in Schedule 2B or section 73(2B);".
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2000
Prepared 12 December 2000