the rights of children and young people measurment

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Proposed Rights of Children and Young Persons (Wales) Measure 2011

1

ACCOMPANYING DOCUMENTS
Explanatory Notes and an Explanatory Memorandum are printed separately.

Proposed Rights of Children and Young
Persons (Wales) Measure 2011
[AS PASSED]

CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Duty to have due regard to Convention on the Rights of the Child The children’s scheme
Preparation and publication of the scheme
Reports
Duty to promote knowledge of the Convention
Power to amend legislation etc
Application to young persons
The Convention on the Rights of the Child
Other interpretive provisions
Orders
Commencement
Short title

Schedule — The Convention, Protocols, Declarations and Reservations Part 1 — Part I of the Convention
Part 2 — Protocols
Part 3 — Declarations and Reservations

GPM-18-S3

3-IV-10

Proposed Rights of Children and Young Persons (Wales) Measure 2011

2

Proposed Rights of Children and Young
Persons (Wales) Measure 2011
[AS PASSED]
A MEASURE of the National Assembly for Wales to make provision for and in connection with giving further effect in Wales to the rights and obligations set out in the United Nations Convention on the Rights of the Child; and for connected purposes. 1

Duty to have due regard to Convention on the Rights of the Child (1) From the beginning of May 2014, the Welsh Ministers must, when exercising any of their functions, have due regard to the requirements of—

(a) Part I of the Convention,
(b) articles 1 to 7 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, except article 6(2), and
(c) articles 1 to 10 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. (2) From the beginning of May 2012 until the end of April 2014, the Welsh Ministers must, in making any decision which falls within subsection (3), have due regard to the requirements of Part I of the Convention and the Protocols. (3) A decision falls within this subsection if it is a decision about any of the following— (a) provision proposed to be included in an enactment;

(b) formulation of a new policy;
(c) a review of or change to an existing policy.
(4) References in this Measure to the Welsh Ministers’ duty under this section are— (a) from the beginning of May 2012 until the end of April 2014, to the duty in subsection (2); and
(b) from the beginning of May 2014, to the duty in subsection (1). (5) This section applies to the First Minister as to the Welsh Ministers (and any reference in this Measure to the duty under this section is to be read accordingly).

2

The children’s scheme
(1) The Welsh Ministers must make a scheme (“the children’s scheme”) setting out the arrangements they have made, or propose to make, for the purpose of securing compliance with the duty under section 1.

GPM-18-S3

3-IV-10

Proposed Rights of Children and Young Persons (Wales) Measure 2011

3

(2) The scheme may—
(a) require the Welsh Ministers to publish reports on the operation of the scheme or on any other matter mentioned in it (in addition to the reports required under section 4(1)), and
(b) specify matters which must be included in such reports or in reports under section 4(1).
(3) The scheme may contain such other matters as the Welsh Ministers consider appropriate.
(4) The Welsh Ministers must, within six months of the Committee making any suggestion or general recommendation under article 45(d) based on a UK report, consider whether to revise or remake the scheme in the light of that suggestion or recommendation.

(5) The Welsh Ministers may revise or remake the scheme at any time. (6) In this section—
(a) “the Committee” means the Committee on the Rights of the Child established under article 43(1);
(b) “UK report” means a report submitted by the United Kingdom under article 44(1)(b); and
(c)...
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