Children and Young Persons Act 2008
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Change 1
SCHEDULE 3 Minor and supplementary amendments to the 1989 Act
Section 39 1 The 1989 Act is amended in accordance with this Schedule. 20 In section 29(8)(c) after “Secretary of State” insert “, the Welsh Ministers ”. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (1) Section 59 is amended as follows. (2) In subsection (1A)— (a) for the words “the Secretary of State”, in the first place where they occur, substitute “ an appropriate national authority ”; and (b) for those words in the second place where they occur, substitute “ that national authority ”. (3) In subsection (2) for “Secretary of State” substitute “ appropriate national authority ”. (4) In subsection (3) for “Secretary of State” substitute “ appropriate national authority ”. (5) In subsection (4) for “Secretary of State” substitute “ appropriate national authority ”. (6) After subsection (6) add— (7) In this Part “appropriate national authority” means— (a) in relation to England, the Secretary of State; and (b) in relation to Wales, the Welsh Ministers. 24 In section 62(3) for “Secretary of State” substitute “ appropriate national authority ”. 25 (1) Section 104 is amended as follows. (2) In subsection (2) after “108(2)” insert “or one containing regulations which fall within subsection (3B) or (3C) ”. (3) Omit subsection (2A). (4) For subsection (3) substitute— (3A) An order under section 4(1B) or 17(4) or regulations which fall within subsection (3B) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament. (3B) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b). (3C) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2. (5) In subsection (4)(c) omit— (a) the word “such”; (b) the words “as the person making it considers expedient”. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 In paragraph 7 of Schedule 5 for “Secretary of State” substitute “appropriate national authority ”.
SCHEDULE 3 Minor and supplementary amendments to the 1989 Act
Section 39 1 The 1989 Act is amended in accordance with this Schedule. 20 In section 29(8)(c) after “Secretary of State” insert “, the Welsh Ministers ”. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (1) Section 59 is amended as follows. (2) In subsection (1A)— (a) for the words “the Secretary of State”, in the first place where they occur, substitute “ an appropriate national authority ”; and (b) for those words in the second place where they occur, substitute “ that national authority ”. (3) In subsection (2) for “Secretary of State” substitute “ appropriate national authority ”. (4) In subsection (3) for “Secretary of State” substitute “ appropriate national authority ”. (5) In subsection (4) for “Secretary of State” substitute “ appropriate national authority ”. (6) After subsection (6) add— (7) In this Part “appropriate national authority” means— (a) in relation to England, the Secretary of State; and (b) in relation to Wales, the Welsh Ministers. 24 In section 62(3) for “Secretary of State” substitute “ appropriate national authority ”. 25 (1) Section 104 is amended as follows. (2) In subsection (2) after “108(2)” insert “or one containing regulations which fall within subsection (3B) or (3C) ”. (3) Omit subsection (2A). (4) For subsection (3) substitute— (3A) An order under section 4(1B) or 17(4) or regulations which fall within subsection (3B) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament. (3B) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b). (3C) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2. (5) In subsection (4)(c) omit— (a) the word “such”; (b) the words “as the person making it considers expedient”. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 In paragraph 7 of Schedule 5 for “Secretary of State” substitute “appropriate national authority ”.
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