Schedule 4

Where immediately before the appointed day —

a person was operating a home for children and young persons under a licence granted under the Children and Young Persons Act 1993 as in force immediately before the appointed day (called in this Schedule the old CYP Act); and

the licence was not revoked or suspended under the old CYP Act,the licence continues in force, so far as not inconsistent with the provisions of this Act, as if it were a licence granted under this Act to operate the home for children and young persons for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1), the period is —

a period ending on the earliest of the following dates:

the date the licence is surrendered under section 14;

the date the licence is revoked or lapses under section 15;

the date the licence is revoked under section 30;

the date of expiry of 6 months after the appointed day; or

if none of the events mentioned in sub‑paragraph (a)(i), (ii) and (iii) occurs before the expiry of the 6‑month period after the appointed day and within that period, the person has applied under section 7 for a new licence to operate the home for children and young persons and the application has not been granted, refused or withdrawn on or before that date — the further period mentioned in sub‑paragraph (3).(3) For the purposes of sub‑paragraph (2)(b), the further period is a period ending on the earlier of the following dates:

the date on which the Director‑General grants a new licence under section 8 to the person;

the date that the application for a licence is finally refused by the Director‑General under section 8 or withdrawn.2.—

Where —

before the appointed day, an application is made to the Director‑General under section 63 of the old CYP Act for or to renew a licence to operate a home for children and young persons; and

immediately before the appointed day, the application is pending before the Director‑General,then on or after the appointed day, the application is treated as an application made under section 7.(2) Any thing that has been started by the Director‑General in connection with an application mentioned in sub‑paragraph (1) may be carried on and completed by the Director‑General under the corresponding provisions in Part 2 of this Act.

before the appointed day, the person mentioned in paragraph 1(1) of this Part (called in this Schedule the licensee) and the person to whom the licensee desires to transfer the licensee’s licence (called in this Part the intended transferee) had made a written application to the Director‑General under section 66 of the old CYP Act for the transfer of the licence to the intended transferee; and

immediately before the appointed day, the application is pending before the Director‑General, then on or after the appointed day, the application is treated as an application made by the licensee and the intended transferee to the Director‑General under section 13 for the Director‑General’s consent to the transfer of the licence, and any rights, benefits or privileges under the licence, to the intended transferee.Part 3SAVING AND TRANSITIONAL PROVISIONS FOR REGULATORY ACTION UNDER OLD CYP ACT AGAINST OPERATORS OF EXISTING HOMES FOR CHILDREN AND YOUNG PERSONS, ETC.

before the date of commencement of section 63 (called in this Part the section 63 start date), the Director‑General had given a direction under section 69(1) of the old CYP Act to the licensee; and

as at the section 63 start date, the period of time within which the direction must have been complied with has not expired,then on or after that date, the direction continues in force as if it had been given by the Director‑General to the licensee under section 25.

before the section 63 start date, the Director‑General had given a written notice under section 70(1) of the old CYP Act to require the licensee to furnish any information within a period specified in the written notice; and (b)as at the section 63 start date, the period specified in the written notice has not expired,then on or after that date, the written notice is treated as a written notice given by the Director‑General to the licensee under section 42 requiring the licensee to provide that information within that period.3.—

Where —

before the section 63 start date, the Director‑General had given notice under section 73(2) of the old CYP Act to the licensee of the Director‑General’s intent to take any action under section 73 of that Act in respect of the licensee; and

the Director‑General has not made a decision in respect of the matter before that date,the Director‑General may continue to make a decision in respect of the taking of the action under section 73 of the old CYP Act as if section 63 had not been enacted.(2) Subject to sub‑paragraph (3), where the Director‑General has taken or made a decision to take an action against the licensee —

in accordance with section 73 of the old CYP Act before the section 63 start date; or

in accordance with sub‑paragraph (1) on or after the section 63 start date,then —

the ground on which the Director‑General has taken or made the decision to take an action against the licensee is treated as a ground on which an action may be taken against the licensee under section 30; and

the action continues in force as if it had been taken under that provision.(3) Where the Director‑General suspends the licence granted under the old CYP Act to the licensee —

in accordance with section 73 of the old CYP Act before the section 63 start date; or

in accordance with sub‑paragraph (1) on or after the section 63 start date,then the suspension of the licence is treated as a suspension imposed under section 30(2) for the period determined by the Director‑General.

before the section 63 start date, the Minister had, under section 75 of the old CYP Act, ordered the licensee to discharge the children or young persons residing in a home for children and young persons or transfer those children or young persons to another home for children and young persons specified in the order; and

as at the section 63 start date, the licensee has not commenced or completed the discharge or transfer of the children or young persons,then on or after that date, the order is treated as a direction given by the Director‑General to the operator under section 26.

an appeal has been made to the Minister under section 76 of the old CYP Act before the section 63 start date; and

the appeal has not been dealt with or disposed of immediately before that date,the appeal may be dealt with or disposed of under the old CYP Act as if this Act had not been enacted.

Despite anything in this Act, every individual who, immediately before the appointed day, was acting as a key appointment holder of the licensee, may continue to act as such on or after the appointed day —

until the expiry of 6 months after the appointed day; or

if, before the expiry of the 6‑month period after the appointed day, the licensee has applied under section 7 for a new licence to operate the home for children and young persons and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(b), the period is —

a period ending on the date that the licensee’s application for a new licence is finally refused by the Director‑General under section 8 or withdrawn; or

where the Director‑General grants a new licence under section 8 to the licensee —

6 months after the new licence is granted to the licensee; or

if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to appoint the individual as a key appointment holder of the licensee, the period that ends on the earlier of the following dates:

the date on which the Director‑General grants the approval under section 21;

the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.2.—

Despite anything in this Act, an individual who, immediately before the appointed day, was acting as the person‑in‑charge of the home for children and young persons mentioned in paragraph 1(1) of Part 2, may continue to act as such on or after the appointed day —

until the expiry of 6 months after the appointed day; or

if, before the expiry of the 6‑month period after the appointed day, the licensee has applied under section 7 for a new licence to operate the home for children and young persons and the application has not been granted, refused or withdrawn on or before that date, for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(b), the period is —

a period ending on the date that the licensee’s application for a new licence is finally refused by the Director‑General under section 8 or withdrawn; or

where the Director‑General grants a new licence under section 8 to the licensee —

6 months after the new licence is granted to the licensee; or

if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to appoint the individual as the person‑in‑charge of the home for children and young persons, the period that ends on the earlier of the following dates:

the date on which the Director‑General grants the approval under section 21;

the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.3.—

Despite anything in this Act, every individual who, immediately before the appointed day, was deployed by the licensee to carry out a prescribed duty or a duty belonging to a prescribed class of duties mentioned in section 19(1) in relation to —

the operation of the home for children and young persons mentioned in paragraph 1(1) of Part 2; or

the management of the residents of that home for children and young persons,may continue to be so deployed on or after the appointed day —

until the expiry of 6 months after the appointed day; or

if, before the expiry of the 6‑month period after the appointed day, the licensee has applied under section 7 for a new licence to operate the home for children and young persons and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(d), the period is —

a period ending on the date that the licensee’s application for a new licence is finally refused by the Director‑General under section 8 or withdrawn; or

where the Director‑General grants a new licence under section 8 to the licensee —

6 months after the new licence is granted to the licensee; or

if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to deploy the individual to carry out a duty mentioned in sub‑paragraph (1) — the period that ends on the earlier of the following dates:

the date on which the Director‑General grants the approval under section 21;

the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.