Children Act 1989

Welfare of the child

(1) When a court determines any question with respect to— (a) the upbringing of a child; or (b) the administration of a child’s property or the application of…

Parental responsibility for children

(1) Where a child’s father and mother were married to, or civil partners of, each other at the time of his birth, they shall each have parental responsibility…

Meaning of “parental responsibility”

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation…

Acquisition of parental responsibility by father

(1) Where a child’s father and mother were not married to, or civil partners of, each other at the time of his birth, the father shall acquire parental…

Acquisition of parental responsibility by second female parent

(1) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the…

Acquisition of parental responsibility by step-parent

(1) Where a child’s parent (“parent A”) who has parental responsibility for the child is married to, or a civil partner of, a person who is not the child’s…

Appointment of guardians

(1) Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s…

Guardians: revocation and disclaimer

(1) An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person…

Welfare reports

(1) A court considering any question with respect to a child under this Act may— (a) ask an officer of the Service or a Welsh family proceedings officer; or…

Child arrangements orders and other orders with respect to children

(1) In this Act — "child arrangements order" means an order regulating arrangements relating to any of the following— with whom a child is to live, spend time…

Restrictions on making section 8 orders

(1) No court shall make any section 8 order, other than a child arrangements order to which subsection (6B) applies, with respect to a child who is in the care…

Power of court to make section 8 orders

(1) In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the…

General principles and supplementary provisions

(1) In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the…

... Activity directions

(1) Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection…

... Activity directions: further provision

(1) A court may not make an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) unless there is a dispute as…

... Activity conditions

(1) This section applies if in any family proceedings the court makes— (a) a child arrangements order containing— (i) provision for a child to live with…

... Activity conditions: further provision

(1) A child arrangements order may not impose an activity condition on an individual who is a child unless the individual is a parent of the child concerned…

...Activity directions and conditions: making

(1) Before making an activity direction (or imposing an activity condition by means of a child arrangements order), the court must satisfy itself as to the…

... Activity directions and conditions: financial assistance

(1) The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying…

... Activity directions and conditions: monitoring

(1) This section applies if in any family proceedings the court— (a) makes an activity direction in relation to an individual, or (b) makes a child…

Monitoring contact and shared residence

(1) This section applies if in any family proceedings the court makes— (a) a child arrangements order containing provision of a kind mentioned in section…

Child arrangements orders: warning notices

Where the court makes (or varies) a child arrangements order, it is to attach to the child arrangements order (or the order varying the contact order) a notice…

Enforcement orders

(1) This section applies if a child arrangements with respect to a child has been made. (2) If the court is satisfied beyond reasonable doubt that a person has…

Enforcement orders: further provision

(1) A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order unless it is…

Enforcement orders: making

(1) Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must be satisfied that— (a) making…

Enforcement orders: monitoring

(1) On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer— (a) to…

Enforcement orders: warning notices

Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.

Compensation for financial loss

(1) This section applies if a child arrangements order with respect to a child has been made. (2) If the court is satisfied that— (a) an individual has failed…

Orders under section 11O(2): further provision

(1) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of…

Child arrangements orders and parental responsibility

(1) Where— (a) the court makes a child arrangements order with respect to a child, (b) the father of the child, or a woman who is a parent of the child by…

Change of child’s name or removal from jurisdiction

(1) Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may— (a) cause the child to be known by a…

Special guardianship orders

(1) A “ special guardianship order ” is an order appointing one or more individuals to be a child’s “ special guardian ” (or special guardians). (2) A special…

Special guardianship orders: making

(1) Before making a special guardianship order, the court must consider whether, if the order were made— (a) a child arrangements order containing contact…

Special guardianship orders: effect

(1) The effect of a special guardianship order is that while the order remains in force— (a) a special guardian appointed by the order has parental…

Special guardianship orders: variation and discharge

(1) The court may vary or discharge a special guardianship order on the application of— (a) the special guardian (or any of them, if there are more than one)…

Special guardianship orders: supplementary

(1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any provision…

Special guardianship support services

(1) Each local authority must make arrangements for the provision within their area of special guardianship support services, which means— (a) counselling…

Special guardianship support services: representations

(1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may…

Orders for financial relief with respect to children

(1) Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of section 6 of Family Law…

Family assistance orders

— s. 16 — Family assistance orders (1) Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may…

Risk assessments

(1) This section applies to the following functions of officers of the Service or Welsh family proceedings officers— (a) any function in connection with family…

Application to local authorities in England

— s. 16B — Application to local authorities in England (1) This Part applies in relation to local authorities in England. (2) Accordingly, unless the contrary…

Provision of services for children in need, their families and others

(1) It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)— (a) to safeguard and promote the…

Young carers' needs assessments ..

(1) A local authority ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if— (a) it appears to the…

Young carers' needs assessments: supplementary

(1) This section applies for the purposes of section 17ZA. (2) “ Parent ”, in relation to a young carer, includes— (a) a parent of the young carer who does not…

Consideration of young carers' needs assessments

A local authority that carry out a young carer's needs assessment must consider the assessment and decide— (a) whether the young carer has needs for support in…

Parent carers' needs assessments ..

(1) A local authority ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support…

Parent carers' needs assessments: supplementary

(1) This section applies for the purposes of section 17ZD. (2) The references in section 17ZD to providing care include a reference to providing practical or…

Consideration of parent carers' needs assessments

A local authority that carry out a parent carer's needs assessment must consider the assessment and decide— (a) whether the parent carer has needs for support…

Section 17 services: continued provision where EHC plan maintained

(1) This section applies where, immediately before a child in need reaches the age of 18— (a) a local authority ... is providing services for the child in the…

Section 17 services: transition for children to adult care and support

(1) Subsections (2) to (4) apply where a local authority ... providing services for a child in need in the exercise of functions conferred by section 17— (a)…

Section 17 services: provision after EHC plan no longer maintained

(1) This section applies where a local authority ... providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by…

Direct payments

(1) The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a…

Day care for pre-school and other children

(1) Every local authority shall provide such day care for children in need within their area who are— (a) aged five or under; and (b) not yet attending…

Review of provision for day care, child minding etc

(1) Every local authority in England and Wales shall review— (a) the provision which they make under section 18; (b) the extent to which the services of child…

Provision of accommodation for children: general

(1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of— (a)…

Provision of accommodation for children in police protection or detention or on remand, etc

(1) Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V. (2) Every…

General duty of local authority in relation to children looked after by them

(1) In this section, any reference to a child who is looked after by a local authority is a reference to a child who is— (a) in their care; or (b) provided…

Provision of accommodation for children in care

When a child is in the care of a local authority, it is their duty to provide the child with accommodation.

Maintenance of looked after children

It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.

Ways in which looked after children are to be accommodated and maintained

(1) This section applies where a local authority are looking after a child (“C”). (2) The local authority must make arrangements for C to live with a person…

Review of child's case before making alternative arrangements for accommodation

(1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such…

Children’s homes provided by Secretary of State or Welsh Ministers

Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh…

Regulations as to children looked after by local authorities

Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the…

General duty of local authority to secure sufficient accommodation for looked after children

(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2). (2) The outcome is…

Kinship care: information

(1) A local authority must publish— (a) information about the authority’s general approach to supporting— (i) children living in the authority’s area who live…

Section 22H: interpretation

(1) For the purposes of section 22H, a child lives in kinship care if— (a) the child lives with a relative, friend or other person connected with the child for…

Accommodation of looked after children: regional co-operation arrangements

— s. 22J — Accommodation of looked after children: regional co-operation arrangements (1) The Secretary of State may give directions requiring two or more…

Information and advice for promoting educational achievement

(1) A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational…

Duty of local authority to ensure visits to, and contact with, looked after children and others

(1) This section applies to— (a) a child looked after by a local authority; (b) a child who was looked after by a local authority but who has ceased to be…

Independent visitors for children looked after by a local authority

(1) A local authority looking after a child must appoint an independent person to be the child's visitor if— (a) the child falls within a description…

The responsible authority and relevant children

(1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child. (2) In subsection (1) “ relevant child ”…

Additional functions of the responsible authority in respect of relevant children

(1) It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether…

Continuing functions in respect of former relevant children

(1) Each local authority shall have the duties provided for in this section towards— (a) a person who has been a relevant child for the purposes of section 23A…

Arrangements for certain former relevant children to continue to live with former foster parents

(1) Each local authority ... have the duties provided for in subsection (3) in relation to a staying put arrangement. (2) A “staying put arrangement” is an…

England: further advice and support

(1) This section applies to a former relevant child if— (a) he or she has reached the age of 21 but not the age of 25, and (b) a local authority in England had…

Further assistance to pursue education or training

(1) This section applies to a person if— (a) he is under the age of twenty-five or of such lesser age as may be prescribed by the Secretary of State; (b) he is…

Personal advisers

and pathway plans — s. 23D — Personal advisers (1) The Secretary of State may by regulations require local authorities to appoint a personal adviser for…

Pathway plans

(1) In this Part, a reference to a “ pathway plan ” is to a plan setting out— (a) in the case of a plan prepared under paragraph 19B of Schedule 2— (i) the…

Persons qualifying for advice and assistance

(1) In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies. (1A) This subsection applies to a…

Advice and assistance

(1) The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance…

Employment, education and training

(1) The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a) by…

Information

(1) Where it appears to a local authority that a person— (a) with whom they are under a duty to keep in touch under section 23B, 23C or 24; or (b) whom they…

Representations: sections 23A to 24B

(1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by— (a) a relevant child for the…

Use of accommodation for restricting liberty

(1) Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not be placed, and, if…

Appointment of independent reviewing officer

(1) If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case. (2) The initial…

Functions of the independent reviewing officer

(1) The independent reviewing officer must— (a) monitor the performance by the local authority of their functions in relation to the child's case; (b)…

Referred cases

(1) In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations— (a) extend any functions of the…

Review of cases and inquiries into representations

(1) The Secretary of State may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance…

Advocacy services

(1) Every local authority shall make arrangements for the provision of assistance to— (a) persons who make or intend to make representations under section 24D…

Co-operation between authorities

(1) Where it appears to a local authority that any authority ... mentioned in subsection (3) could, by taking any specified action, help in the exercise of any…

Recoupment of cost of providing services etc

(1) Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in…

Miscellaneous

(1) Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment. (2) Any question arising under section 20(2)…

Care and Supervision

— General — s. 31 — Care and Supervision (1) On the application of any local authority or authorised person, the court may make an order— (a) placing the child…

Family group decision-making

(1) Before a local authority in England makes an application for an order under this Part in relation to a child, the authority must offer a family group…

Care orders: care plans

(1) Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the…

Period within which application for order under this Part must be disposed of

(1) A court in which an application for an order under this Part is proceeding shall (in the light of any provision in rules of court that is of the kind…

Effect of care order

(1) Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care…

Parental contact etc. with children in care

(1) Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section 22(3)(a)…

Supervision orders

— s. 35 — Supervision orders (1) While a supervision order is in force it shall be the duty of the supervisor— (a) to advise, assist and befriend the…

Education supervision orders

(1) On the application of any local authority, the court may make an order putting the child with respect to whom the application is made under the supervision…

Powers of court in certain family proceedings

(1) Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate…

Interim orders

(1) Where— (a) in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or (b) the court gives a direction…

Power to include exclusion requirement in interim care order

(1) Where— (a) on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section…

Undertakings relating to interim care orders

(1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant…

Discharge and variation etc. of care orders and supervision orders

(1) A care order may be discharged by the court on the application of— (a) any person who has parental responsibility for the child; (b) the child himself; or…

Orders pending appeals in cases about care or supervision orders

(1) Where— (a) a court dismisses an application for a care order; and (b) at the time when the court dismisses the application, the child concerned is the…

Representation of child

(1) or the purpose of any specified proceedings, the court shall appoint an officer of the Serviceor a Welsh family proceedings officer for the child concerned…

Right of officer of the Service to have access to local authority records

(1) Where an officer of the Serviceor Welsh family proceedings officer has been appointed under section 41 he shall have the right at all reasonable times to…

Child assessment orders

(1) On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the…

Orders for emergency protection of children

(1) Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order…

Power to include exclusion requirement in emergency protection order

(1) Where— (a) on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and (b)…

Undertakings relating to emergency protection orders

(1) In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the…

Duration of emergency protection orders and other supplemental provisions

(1) An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order. (2) Where— (a) the court…

Removal and accommodation of children by police in cases of emergency

(1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may— (a) remove the child to…

Local authority’s duty to investigate

(1) Where a local authority— (a) are informed that a child who lives, or is found, in their area— (i) is the subject of an emergency protection order; or (ii)…

Powers to assist in discovery of children who may be in need of emergency protection

(1) Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts— (a) is not available to the…

Abduction of children in care etc

(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he— (a) takes a child to whom this section applies…

Recovery of abducted children etc

(1) Where it appears to the court that there is reason to believe that a child to whom this section applies— (a) has been unlawfully taken away or is being…

Refuges for children at risk

(1) Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of…

Rules and regulations

(1) Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in…

Provision of community homes by local authorities

(1) Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available— (a) for the care…

Determination of disputes relating to controlled and assisted community homes

(1) Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and— (a) the…

Discontinuance by voluntary organisation of controlled or assisted community home

(1) The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the…

Closure by local authority of controlled or assisted community home

(1) The local authority specified in the instrument of management for a controlled or assisted community home may give— (a) the Secretary of State; and (b) the…

Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises

(1) Where— (a) the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section … , 56(3)…

` Provision of accommodation by voluntary organisations

(1) Where a voluntary organisation provide accommodation for a child, they shall do so by— (a) placing him (subject to subsection (2)) with — (i) a family…

Voluntary homes

(1) … (2) … (3) In this Act “voluntary home” means a children’s home which is carried on by a voluntary organisation but does not include a community home. (4)…

Duties of voluntary organisations

(1) Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation— (a) to safeguard and promote his…

Duties of local authorities

(1) Every local authority shall satisfy themselves that any voluntary organisation providing accommodation— (a) within the authority’s area for any child; or…

Private children’s homes etc

(1) … (2) … (3) … (4) … (5) … (6) … (7) … (8) … (9) … (10) … (11) Schedule 6 shall have effect with respect to private children’s homes. (12) Schedule 7 shall…

Welfare of children in children’s homes

(1) Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to— (a) safeguard and promote the…

2 Persons disqualified from carrying on, or being employed in children’s homes

(A1) A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of…

Appeal against refusal of authority to give consent under section 65

(1) An appeal against a decision of an appropriate authority under section 65 shall lie to the First-tier Tribunal . (2) On an appeal the Tribunal may confirm…

Privately fostered children

(1) In this Part— (a) “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation in their…

Welfare of privately fostered children

(1) It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within…

Persons disqualified from being private foster parents

(1) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he…

Power to prohibit private fostering

(1) This section applies where a person— (a) proposes to foster a child privately; or (b) is fostering a child privately. (2) Where the local authority for the…

Offences

(1) A person shall be guilty of an offence if— (a) being required, under any provision made by or under this Part, to give any notice or information— (i) he…

Child minders and day care providers

(1) This section and section 79B apply for the purposes of this Part. (2) “Act as a child minder” means (subject to the following subsections) look after one…

Other definitions, etc

(1) … (2) In this Act “the Assembly” means the National Assembly for Wales. (3) A person is qualified for registration for child minding if— (a) he, and every…

Regulations etc. governing child minders and day care providers

(1) … (2) The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales…

Requirement to register

(1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly. (2) Where it appears to the…

Applications for registration

(1) A person who wishes to be registered under this Part shall make an application to the Assembly . (2) The application shall— (a) give prescribed information…

Grant or refusal of registration

(1) If, on an application under section 79E by a person for registration for child minding— (a) the Assembly is of the opinion that the applicant is, and will…

Cancellation of registration

(1) the Assembly may cancel the registration of any person if— (a) in the case of a person registered for child minding, the Assembly is of the opinion that…

Suspension of registration

(1) Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by…

Resignation of registration

(1) A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration. (2) But a…

Protection of children in an emergency

(1) If, in the case of any person registered under this Part for acting as a child minder or providing day care— (a) the Assembly applies to a justice of the…

Notice of intention to take steps

(1) Not less than 14 days before— (a) refusing an application for registration; (b) cancelling a registration; (c) removing or varying any condition to which a…

Appeals

(1) An appeal against— (a) the taking of any step mentioned in section 79L(1); … (b) an order under section 79K, or (c) a determination made by the Assembly…

General functions of the Assembly

(1) The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so. (2) In…

Inspection: Wales

— s. 79T — Inspection: Wales (1) The Assembly may at any time require any registered person to provide it with any information connected with the person’s…

Rights of entry etc

(1) Any person authorised for the purposes of this subsection by the Assembly may at any reasonable time enter any premises in … Wales on which child minding…

Function of local authorities

Each local authority in Wales shall, in accordance with regulations, secure the provision— (a) of information and advice about child minding and day care; and…

Requirement for certificate of suitability

(1) This section applies to any person not required to register under this Part who looks after, or provides care for, children in Wales and meets the…

Time limit for proceedings

— s. 79X — Time limit for proceedings Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from…

Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority

(1) The Appropriate National Authority may cause to be inspected from time to time any— (a) private children’s home in England; (b) premises in which a child…

Financial support by Secretary of State

(1) The Secretary of State may (with the consent of the Treasury) defray or contribute towards— (a) any fees or expenses incurred by any person undergoing…

Research and returns of information

(1) The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with— (a) his functions, or the functions of…

Local authority failure to comply with statutory duty: default power of Secretary of State

(1) If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by…

Children accommodated by health authorities and local education authorities

(1) Where a child is provided with accommodation in England by any ..., Special Health Authority, ... National Health Service trust or NHS foundation trust or…

Children accommodated in care homes or independent hospitals

(1) Where a child is provided with accommodation in England in any care home or independent hospital— (a) for a consecutive period of at least three months; or…

Visitors for children notified to local authority ..

(1) This section applies if the appropriate officer of a local authority in England— (a) has been notified with respect to a child under section 85(1) or 86(1)…

Welfare of children in boarding schools and colleges

(1) Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare…

Suspension of duty under section 87(3)

(1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if— (a) that person already acts as an inspector for other…

Duties of inspectors under section 87A

(1) The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection…

Quality assurance of inspectors under section 87A

(1) The Secretary of State may require the Chief Inspector for England to prepare and send to the Secretary of State a report about— (a) a particular inspector…

Information sharing between the Chief Inspector for England and section 87A inspectors

(1) The Chief Inspector for England may disclose information to an inspector appointed under section 87A for the purpose of enabling or facilitating the…

Boarding schools: national minimum standards

(1) The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom…

Annual fee for boarding school inspections

(1) Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps…

Amendments of adoption legislation

(1) … (2) …

Care and supervision orders in criminal proceedings

(1) The power of a court to make an order under subsection (2) of section 1 of the Children and Young Persons Act 1969 (care proceedings in youth courts) where…

Effect and duration of orders etc

(1) The making of a child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order…

Section 91(14) orders: further provision

(1) This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”). (2) The circumstances in…

Jurisdiction of courts

(1) … (2) … (3) … (4) … (5) … (6) … (7) For the purposes of this Act “the court” means the High Court or the family court . (8) Subsection (7) is subject to…

Rules of court

(1) An authority having power to make rules of court may make such provision for giving effect to— (a) this Act; (b) the provisions of any statutory instrument…

Attendance of child at hearing under Part IV or V

(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court…

Evidence given by, or with respect to, children

(1) Subsection (2) applies where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an…

Privacy for children involved in certain proceedings

(1) … (2) No person shall publish to the public at large or any section of the public any material which is intended, or likely, to identify— (a) any child as…

Self-incrimination

(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from— (a) giving evidence on any…

s. 99

(1) … (2) … (3) … (4) … (5) …

Restrictions on use of wardship jurisdiction

(1) Section 7 of the Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local…

Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man

(1) The Secretary of State may make regulations providing— (a) for prescribed orders which— (i) are made by a court in Northern Ireland; and (ii) appear to the…

Power of constable to assist in exercise of certain powers to search for children or inspect premises

(1) Where, on an application made by any person for a warrant under this section, it appears to the court— (a) that a person attempting to exercise powers…

Offences by bodies corporate

(1) This section applies where any offence under this Act is committed by a body corporate. (2) If the offence is proved to have been committed with the…

Regulations and orders

(1) Any power of the Lord Chancellor, the Treasury, the Secretary of State or the National Assembly for Wales under this Act to make an order, regulations, or…

Regulations made by the Welsh Ministers under section 31A or Part 7

(1) Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument. (2) Any such statutory…

Interpretation

(1) In this Act— “activity condition” has the meaning given by section 11C; “activity direction” has the meaning given by section 11A; “adoption agency” means…

Financial provisions

(1) Any— (a) grants made by the Secretary of State under this Act; and (b) any other expenses incurred by the Secretary of State under this Act, shall be…

Application to Channel Islands

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and…

Short title, commencement extent etc

(1) This Act may be cited as the Children Act 1989. (2) Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of…

Sch. A1 para. 1

(1) For the purposes of this Part of this Schedule— “the responsible officer”, in relation to a relevant person, means the person who is for the time being…

Sch. A1 para. 2

(1) This paragraph applies where an enforcement order is in force. (2) The responsible officer must— (a) make any arrangements that are necessary in connection…

Sch. A1 para. 3

(1) An enforcement order must specify which local justice area is the relevant person's home local justice area. (2) The area specified must be the local…

Sch. A1 para. 3A

(1) In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform…

Sch. A1 para. 3B

(1) The number of hours which a person may be required to work under an unpaid work requirement— (a) must be specified in the relevant order, and (b) must, in…

Sch. A1 para. 3C

(1) This paragraph applies where an enforcement order is in force. (2) The relevant person— (a) must keep in touch with the responsible officer in accordance…

Sch. A1 para. 3D

The power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended…

Sch. A1 para. 4

(1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements…

Sch. A1 para. 5

(1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements…

Sch. A1 para. 6

(1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements…

Sch. A1 para. 8

(1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements…

Sch. A1 para. 9

(1) This paragraph applies where a court has made an enforcement order (“the first order”) in respect of a person's failure to comply with a provision of a…

Sch. A1 para. 10

Sections 11L(2) to (7) and 11M have effect in relation to the making of an order under paragraph 6(2), 7(2) or 9(2)(a) amending an enforcement order as they…

Sch. 1 para. 1

(1) On an application made by a parent, guardian or special guardian of a child, or by any person who is named in a child arrangements order as a person with…

Sch. 1 para. 2

(1) If, on an application by a person who has reached the age of eighteen, it appears to the court— (a) that the applicant is, will be or (if an order were…

Sch. 1 para. 3

(1) The term to be specified in an order for periodical payments made under paragraph 1(2)(a) or (b) in favour of a child may begin with the date of the making…

Sch. 1 para. 4

(1) In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances…

Sch. 1 para. 5

(1) Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any…

Sch. 1 para. 6

(1) In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard…

Sch. 1 para. 6A

(1) Subject to sub-paragraph (7), the power of the family court— (a) under paragraph 1 or 2 to vary an order for the making of periodical payments, or (b)…

Sch. 1 para. 7

(1) Where the parent liable to make payments under a secured periodical payments order has died, the persons who may apply for the variation or discharge of…

Sch. 1 para. 8

(1) This paragraph applies where a child arrangements order to which sub-paragraph (1A) applies or a special guardianship order is made with respect to a child…

Sch. 1 para. 9

(1) Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order— (a) requiring…

Sch. 1 para. 10

(1) In this paragraph and in paragraph 11 “maintenance agreement” means any agreement in writing made with respect to a child, whether before or after the…

Sch. 1 para. 11

(1) Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that…

Sch. 1 para. 12

(1) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by the family court under this…

Sch. 1 para. 13

Where the High Court or the family court decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of…

Sch. 1 para. 14

(1) The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or…

Sch. 1 para. 15

(1) Where a child lives, or is to live, with a person as the result of a child arrangements order, a local authority may make contributions to that person…

Sch. 1 para. 16

(1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of…

Sch. 2 para. A1

(1) This Schedule applies only in relation to local authorities in England. (2) Accordingly, unless the contrary intention appears, a reference in this…

Sch. 2 para. 1

(1) Every local authority shall take reasonable steps to identify the extent to which there are children in need within their area. (2) Every local authority…

Sch. 2 para. 2

(1) Every local authority shall open and maintain a register of disabled children within their area. (2) The register may be kept by means of a computer.

Sch. 2 para. 3

Where it appears to a local authority that a child within their area is in need, the authority may assess his needs for the purposes of this Act at the same…

Sch. 2 para. 4

(1) Every local authority shall take reasonable steps, through the provision of services under Part III of this Act, to prevent children within their area…

Sch. 2 para. 5

(1) Where— (a) it appears to a local authority that a child who is living on particular premises is suffering, or is likely to suffer, ill treatment at the…

Sch. 2 para. 6

(1) Every local authority shall provide services designed— (a) to minimise the effect on disabled children within their area of their disabilities; ... (b) to…

Sch. 2 para. 7

Every local authority shall take reasonable steps designed— (a) to reduce the need to bring— (i) proceedings for care or supervision orders with respect to…

Sch. 2 para. 8

Every local authority shall make such provision as they consider appropriate for the following services to be available with respect to children in need within…

Sch. 2 para. 8A

(1) Every local authority shall make provision for such services as they consider appropriate to be available with respect to accommodated children. (2)…

Sch. 2 para. 9

(1) Every local authority shall provide such family centres as they consider appropriate in relation to children within their area. (2) “Family centre” means a…

Sch. 2 para. 10

Every local authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after…

Sch. 2 para. 11

Every local authority shall, in making any arrangements— (a) for the provision of day care within their area; or (b) designed to encourage persons to act as…

Sch. 2 para. 12

Regulations under section 23(2)(a) may, in particular, make provision— (a) with regard to the welfare of children placed with local authority foster parents…

Sch. 2 para. 13

Regulations under section 23(2)(f) may, in particular, make provision as to— (a) the persons to be notified of any proposed arrangements; (b) the opportunities…

Sch. 2 para. 14

Regulations under section 23(5) may, in particular, impose requirements on a local authority as to— (a) the making of any decision by a local authority to…

Sch. 2 para. 12A

Regulations under section 22C may, in particular, impose requirements on a local authority as to— (a) the making of any decision by a local authority to allow…

Sch. 2 para. 12B

Regulations under section 22C as to placements of the kind specified in section 22C(6)(d) may, in particular, make provision as to— (a) the persons to be…

Sch. 2 para. 12C

Regulations under section 22C may, in particular, impose requirements which a local authority must comply with— (a) before a child looked after by them is…

Sch. 2 para. 12D

(1) Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a…

Sch. 2 para. 12E

Regulations under section 22C may, in particular, make provision— (a) with regard to the welfare of children placed with local authority foster parents; (b) as…

Sch. 2 para. 12F

(1) Regulations under section 22C may, in particular, also make provision— (a) for securing that a child is not placed with a local authority foster parent…

Sch. 2 para. 12G

Regulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties…

Sch. 2 para. 15

(1) Where a child is being looked after by a local authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare…

Sch. 2 para. 16

(1) This paragraph applies where— (a) a child is being looked after by a local authority; and (b) the conditions mentioned in sub-paragraph (3) are satisfied…

Sch. 2 para. 18

(1) While a child is being looked after by a local authority, or is a person qualifying for advice and assistance, the authority may undertake any obligation…

Sch. 2 para. 19

(1) A local authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the…

Sch. 2 para. 19A

It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to…

Sch. 2 para. 19B

(1) A local authority shall have the following additional functions in relation to an eligible child whom they are looking after. (2) In sub-paragraph (1) “…

Sch. 2 para. 19BA

(1) This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority ... with a local…

Sch. 2 para. 19C

A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal…

Sch. 2 para. 20

(1) If a child who is being looked after by a local authority dies, the authority— (a) shall notify the Secretary of State and Her Majesty’s Chief Inspector of…

Sch. 2 para. 21

(1) Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover…

Sch. 2 para. 22

(1) Contributions towards a child’s maintenance may only be recovered if the local authority have served a notice (“a contribution notice") on the contributor…

Sch. 2 para. 23

(1) Where a contributor has been served with a contribution notice and has— (a) failed to reach any agreement with the local authority as mentioned in…

Sch. 2 para. 24

(1) … (2) Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the…

Sch. 2 para. 25

The Secretary of State may make regulations— (a) as to the considerations which a local authority must take into account in deciding— (i) whether it is…

Sch. 3 para. 1

In this Schedule, “the responsible person”, in relation to a supervised child, means— (a) any person who has parental responsibility for the child; and (b) any…

Sch. 3 para. 2

(1) A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or…

Sch. 3 para. 3

(1) With the consent of any responsible person, a supervision order may include a requirement— (a) that he take all reasonable steps to ensure that the…

Sch. 3 para. 4

(1) A supervision order may require the supervised child— (a) to submit to a medical or psychiatric examination; or (b) to submit to any such examination from…

Sch. 3 para. 5

(1) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the…

Sch. 3 para. 6

(1) Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on…

Sch. 3 para. 8

(1) A supervision order may require the supervised child— (a) to keep the supervisor informed of any change in his address; and (b) to allow the supervisor to…

Sch. 3 para. 9

(1) A supervision order shall not designate a local authority as the supervisor unless— (a) the authority agree; or (b) the supervised child lives or will live…

Sch. 3 para. 10

The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which— (a) was made with respect to that…

Sch. 3 para. 11

(1) The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their…

Sch. 3 para. 12

(1) Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor— (a) to advise, assist and befriend, and…

Sch. 3 para. 13

(1) Where an education supervision order is in force with respect to a child, the duties of the child’s parents under sections 7 and 444 of the Education Act…

Sch. 3 para. 14

(1) This paragraph applies where an education supervision order and a supervision order, or youth rehabilitation order (within the meaning given by section 173…

Sch. 3 para. 15

(1) An education supervision order shall have effect for a period of one year, beginning with the date on which it is made. (2) An education supervision order…

Sch. 3 para. 16

(1) An education supervision order may require the child— (a) to keep the supervisor informed of any change in his address; and (b) to allow the supervisor to…

Sch. 3 para. 17

(1) The court may discharge any education supervision order on the application of— (a) the child concerned; (b) a parent of his; or (c) the local authority…

Sch. 3 para. 18

(1) If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order…

Sch. 3 para. 19

(1) Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the…

Sch. 3 para. 20

The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child…

Sch. 3 para. 21

In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996.).

Sch. 4 para. 1

(1) The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any … home which is…

Sch. 4 para. 2

(1) An instrument of management shall contain such provisions as the Secretary of State considers appropriate. (2) Nothing in the instrument of management…

Sch. 4 para. 3

(1) The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of…

Sch. 4 para. 4

(1) The Secretary of State may make regulations— (a) as to the placing of children in community homes; (b) … (c) … (2) … (3) …

Sch. 5 para. 7

(1) The appropriate national authority may make regulations— (a) as to the placing of children in voluntary homes; (b) … (c) … (2) … (3) … (4) …

Sch. 6 para. 10

(1) The Secretary of State may make regulations— (a) as to the placing of children in private children’s homes; (b) … (c) … (2) The regulations may in…

Sch. 7 para. 1

For the purposes of this Schedule, a person fosters a child if— (a) he is a local authority foster parent in relation to the child; (b) he is a foster parent…

Sch. 7 para. 2

Subject to what follows, a person may not foster more than three children (“the usual fostering limit").

Sch. 7 para. 3

A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.

Sch. 7 para. 4

(1) A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives. (2) In considering whether to…

Sch. 7 para. 5

(A1) This paragraph applies to a person fostering in England. (1) A person shall cease to be treated, for the purposes of this Act and the Care Standards Act…

Sch. 7 para. 5A

(1) This paragraph applies to a person (P) fostering in Wales. (2) Sub-paragraph (3) applies where— (a) P exceeds the usual fostering limit and is not exempted…

Sch. 7 para. 6

(1) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their…

Sch. 8 para. 1

A child is not a privately fostered child while he is being looked after by a local authority.

Sch. 8 para. 2

(1) A child is not a privately fostered child while he is in the care of any person— (a) in premises in which any— (i) parent of his; (ii) person who is not a…

Sch. 8 para. 3

A child is not a privately fostered child while he is in the care of any person in compliance with— (a) a youth rehabilitation order made under Chapter 1 of…

Sch. 8 para. 4

A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the Mental Health Act 1983.

Sch. 8 para. 5

A child is not a privately fostered child while he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency…

Sch. 8 para. 6

(1) Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements…

Sch. 8 para. 7

(1) The Secretary of State may by regulations make provision as to— (a) the circumstances in which notification is required to be given in connection with…

Sch. 8 para. 7A

Every local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.

Sch. 8 para. 8

(1) A person aggrieved by— (a) a requirement imposed under paragraph 6; (b) a refusal of consent under section 68; (c) a prohibition imposed under section 69…

Sch. 8 para. 9

(1) Where a child under sixteen who is a pupil at a school … lives at the school during school holidays for a period of more than two weeks, Part IX shall…

Sch. 8 para. 10

No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that…

Sch. 8 para. 11

A person who fosters a child privately and for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the…

Sch. 9 para. 7

(1) Where— (a) a person is registered under section 71, and (b) the local authority concerned make an annual inspection of the premises in question under…

Sch. 11 para. 5

In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court", which is spent, shall be omitted.

Sch. 11 para. 6

In the Domestic Proceedings and Magistrates’ Courts Act 1978— (a) for the words “domestic proceedings", whereverever they occur in section 88(1), there shall…

Sch. 11 para. 8

In the Magistrates’ Courts Act 1980— (a) … (b) … (c) … (d) … (e) … (f) … (g) …

Sch. 11 para. 9

In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph…

Sch. 11 para. 10

In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance…

Sch. 11 para. 11

(1) In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings…

Sch. 12 para. 1

The Custody of Children Act 1891 (which contains miscellaneous obsolete provisions with respect to the custody of children) shall cease to have effect.

Sch. 12 para. 2

In section 1(2)(a) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen), after the words “young person" there shall be inserted “, or…

Sch. 12 para. 3

Section 40 of that Act shall cease to have effect.

Sch. 12 para. 5

(1) In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in…

Sch. 12 para. 6

(1) Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be…

Sch. 12 para. 7

In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A)(a) for the words “in the care of a local…

Sch. 12 para. 9

Section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in…

Sch. 12 para. 15

Section 38 of that Act (power of court to divest person of authority over girl or boy in case of incest) shall cease to have effect.

Sch. 12 para. 17

After section 46 of that Act there shall be inserted— Meaning of “parental responsibility". 46A In this Act “parental responsibility” has the same meaning as…

Sch. 12 para. 19

Section 3 of the Children and Young Persons Act 1963 (children and young persons beyond control) shall cease to have effect.

Sch. 12 para. 20

In section 5 of the Children and Young Persons Act 1969 (restrictions on criminal proceedings for offences by young persons), in subsection (2), for the words…

Sch. 12 para. 26

For section 23 of that Act (remand to care of local authorities etc.) there shall be substituted— Remand to local authority accommodation, committal of young…

Sch. 12 para. 27

(1) In section 32 of that Act (detention of absentees), for subsection (1A) there shall be substituted the following subsections— (1A) If a child or young…

Sch. 12 para. 28

In section 34(1) of that Act (transitional modifications of Part I for persons of specified ages)— (a) in paragraph (a), for the words “13(2) or 28(4) or (5)"…

Sch. 12 para. 29

In section 70(1) of that Act (interpretation)— (a) after the definition of “local authority" there shall be inserted— “local authority accommodation” means…

Sch. 12 para. 30

In section 73 of that Act (extent, etc.)— (a) in subsection (4)(a) for “32(1), (3) and (4)" there shall be substituted “ 32(1) to (1C) and (2A) to (4)" ”; and…

Sch. 12 para. 32

In section 42 of that Act, subsection (3) (declaration by court that party to marriage unfit to have custody of children of family) shall cease to have effect.

Sch. 12 para. 33

In section 52(1) of that Act (interpretation), in the definition of “child of the family", for the words “has been boarded-out with those parties" there shall…

Sch. 12 para. 35

Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of “parent” in section 87 of that Act shall have effect as if it applied…

Sch. 12 para. 37

(1) Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows. (2) For subsections (2) to (4) there shall be…

Sch. 12 para. 38

(1) In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be…

Sch. 12 para. 39

At the end of section 3 of that Act (construction of references to taking, sending and detaining) there shall be added and (d) references to a child’s parents…

Sch. 12 para. 40

(1) The Schedule to that Act (modifications of section 1 for children in certain cases) shall be amended as follows. (2) In paragraph 1(1) for the words “or…

Sch. 12 para. 41

In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)— (a) for the words “he is— (a)" there shall be substituted “ (a) he is" ”…

Sch. 12 para. 42

In section 2(2) of that Act (exceptions to section 1), for paragraph (f) there shall be substituted— (f) if he has been in that person’s care for a period of…

Sch. 12 para. 43

In section 7(1) of that Act (persons disqualified from keeping foster children)— (a) the word “or" at the end of paragraph (e) shall be omitted; and (b) after…

Sch. 12 para. 44

In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which authorised representative has right to…

Sch. 13 para. 1

In section 1 of the Wills Act 1837 (interpretation), in the definition of “will", for the words “and also to a disposition by will and testament or devise of…

Sch. 13 para. 2

In section 1(1) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen) for the words “has the custody, charge or care of" there shall be…

Sch. 13 para. 3

In the following sections of that Act— (a) 3(1) (allowing persons under sixteen to be in brothels); (b) 4(1) and (2) (causing or allowing persons under sixteen…

Sch. 13 para. 5

For section 17 of that Act (interpretation of Part I) there shall be substituted the following section— Interpretation of Part I. 17 (1) For the purposes of…

Sch. 13 para. 6

(1) In section 34 of that Act (attendance at court of parent of child or young person charged with an offence etc.), in subsection (1) after the word “offence"…

Sch. 13 para. 7

In section 107(1) of that Act (interpretation)— (a) in the definition of “guardian", for the words “charge of or control over" there shall be substituted “…

Sch. 13 para. 11

(1) In section 21(1)(a) of the National Assistance Act 1948 (persons for whom local authority is to provide residential accommodation) after the word “persons"…

Sch. 13 para. 12

For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required…

Sch. 13 para. 14

In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a)…

Sch. 13 para. 15

In section 176(1) of the Factories Act 1961 (interpretation), in the definition of “parent", for the words from “or guardian" to first “young person" there…

Sch. 13 para. 16

In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words “in the care of a…

Sch. 13 para. 17

(1) In section 64(3)(a) of the Health Services and Public Health Act 1968 (meaning of “relevant enactments” in relation to power of Minister of Health or…

Sch. 13 para. 18

In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted— (k) section 19…

Sch. 13 para. 19

In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words “and (j)" there shall be substituted “ to (k)" ”.

Sch. 13 para. 20

In section 21(3) of that Act (mode of provision of accommodation and maintenance) for the words “section 21 of the Child Care Act 1980" there shall be…

Sch. 13 para. 21

In section 74(6) of that Act (parent of child in residential establishment moving to England or Wales) for the words from “Children and Young Persons Act 1969"…

Sch. 13 para. 22

In section 75(2) of that Act (parent of child subject to care order etc. moving to Scotland), for the words “Children and Young Persons Act 1969" there shall…

Sch. 13 para. 23

In section 86(3) of that Act (meaning of ordinary residence for purpose of adjustments between authority providing accommodation and authority of area of…

Sch. 13 para. 26

(1) In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social service committee)— (a) in the entry…

Sch. 13 para. 27

After section 28 of the Chronically Sick and Disabled Persons Act 1970 there shall be inserted— Application of Act to authorities having functions under the…

Sch. 13 para. 28

In Part I of Schedule 9 to the Courts Act 1971 (substitution of references to Crown Court), in the entry relating to the Children and Young Persons Act 1969…

Sch. 13 para. 29

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which that Act applies), in paragraph 7, for the words “section 47 or 51 of the…

Sch. 13 para. 31

(1) In section 102(1) of the Local Government Act 1972 (appointment of committees) for the words “section 31 of the Child Care Act 1980" there shall be…

Sch. 13 para. 33

(1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction)…

Sch. 13 para. 35

(1) Section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under the Act) shall be amended as follows. (2) For paragraph (c)…

Sch. 13 para. 36

For section 8 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (orders for the custody of children) there shall be substituted— Restrictions on…

Sch. 13 para. 37

In section 19(3A)(b) (interim orders) for the words “subsections (2) and" there shall be substituted “ subsection" ”.

Sch. 13 para. 38

For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted— (12) An application under this section…

Sch. 13 para. 39

(1) For section 20A of that Act (revival of orders for periodical payments) there shall be substituted— Revival of orders for periodical payments. 20A (1)…

Sch. 13 para. 41

(1) In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words “6 or 11(2)" there shall be substituted…

Sch. 13 para. 43

In section 88(1) of that Act (interpretation)— (a) in the definition of “child", for the words from “an illegitimate" to the end there shall be substituted “ a…

Sch. 13 para. 44

(1) … (2) For section 62(5) of that Act (payments to children) there shall be substituted— (5) In this section references to the person with whom a child has…

Sch. 13 para. 45

(1) In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal)— (a) in subsection (1)(h)(i), for the word “custody" there shall…

Sch. 13 para. 46

In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need…

Sch. 13 para. 47

In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for…

Sch. 13 para. 48

(1) For section 27 of the Mental Health Act 1983 (children and young persons in care of local authority) there shall be substituted the following section—…

Sch. 13 para. 51

In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words “a ward…

Sch. 13 para. 52

In section 37(14) of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) after the words “Children and Young Persons Act 1969"…

Sch. 13 para. 53

(1) … (2) After that subsection there shall be inserted— (6A) In this section “local authority accommodation” means accommodation provided by or on behalf of a…

Sch. 13 para. 54

In section 39(4) of that Act (responsibilities in relation to persons detained) for the words “transferred to the care of a local authority in pursuance of…

Sch. 13 para. 55

In Schedule 2 to that Act (preserved powers of arrest) in the entry relating to the Children and Young Persons Act 1969 for the words “Sections 28(2) and"…

Sch. 13 para. 56

In section 1(2)(b) of the Surrogacy Arrangements Act 1985 (meaning of “surrogate mother", etc.) for the words “the parental rights being exercised" there shall…

Sch. 13 para. 57

(1) In section 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court’s powers suspended), for the words “any other…

Sch. 13 para. 58

In section 1(3) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which regulations may provide for the…

Sch. 13 para. 59

(1) Section 2 of that Act (circumstances in which authorised representative has right to visit etc. disabled person) shall be amended as follows. (2) In…

Sch. 13 para. 60

In section 5(7)(b) of that Act (disabled persons leaving special education) for the word “guardian" there shall be substituted “ other person who is not a…

Sch. 13 para. 61

(1) In section 16 of that Act (interpretation) in the definition of “disabled person", in paragraph (a) for the words from “means" to “applies" there shall be…

Sch. 13 para. 62

(1) The Family Law Act 1986 shall be amended as follows. (2) Subject to paragraphs 63 to 71, in Part I— (a) for the words “custody order", in each place where…

Sch. 13 para. 63

(1) In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)— (a) for paragraph (a) there shall be substituted— (a) a section 8…

Sch. 13 para. 64

For section 2 there shall be substituted the following sections— Jurisdiction: general. 2 (1) A court in England and Wales shall not have jurisdiction to make…

Sch. 13 para. 65

(1) In section 3 (habitual residence or presence of child concerned) in subsection (1) for “section 2" there shall be substituted “section 2(2)". (2) In…

Sch. 13 para. 66

(1) In section 6 (duration and variation of Part I orders), for subsection (3) there shall be substituted the following subsections— (3) A court in England and…

Sch. 13 para. 67

For section 7 (interpretation of Chapter II) there shall be substituted— Interpretation of Chapter II. 7 In this Chapter— (a) “child” means a person who has…

Sch. 13 para. 68

In each of the following sections— (a) section 11(2)(a) (provisions supplementary to sections 9 and 10), (b) section 13(5)(a) (jurisdiction ancillary to…

Sch. 13 para. 69

In each of the following sections— (a) section 19(2) (jurisdiction in cases other than divorce, etc.), (b) section 20(6) (habitual residence or presence of…

Sch. 13 para. 70

In section 34(3) (power to order recovery of child) for paragraph (a) there shall be substituted— (a) section 14 of the Children Act 1989 .

Sch. 13 para. 71

(1) In section 42 (general interpretation of Part I), in subsection (4)(a) for the words “has been boarded out with those parties" there shall be substituted “…

Sch. 13 para. 72

In Schedule 1 to the Local Government Act 1988 (competition) at the end of paragraph 2(4) (cleaning of buildings: buildings to which competition provisions do…

Sch. 13 para. 73

(1) Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended…

Sch. 13 para. 74

(1) Section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be…

Sch. 14 para. 1

(1) Subject to sub-paragraphs (1A) and (4), nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any…

Sch. 14 para. 2

Where, immediately before the day on which Part IV comes into force, there was in force an order under section 3(1) of the Children and Young Persons Act 1963…

Sch. 14 para. 3

Where, immediately before the day on which Parts I and II come into force, there was in force— (a) a declaration under section 42(3) of the Matrimonial Causes…

Sch. 14 para. 4

Where, immediately before the day on which Parts I and II come into force, there was in force an order under section 4(1) of the Family Law Reform Act 1987…

Sch. 14 para. 5

(1) In paragraphs 6 to 11 “an existing order” means any order which— (a) is in force immediately before the commencement of Parts I and II; (b) was made under…

Sch. 14 para. 6

(1) Where— (a) a child’s father and mother were married to each other at the time of his birth; and (b) there is an existing order with respect to the child…

Sch. 14 para. 7

(1) Where a person who is not the parent or guardian of a child has custody or care and control of him by virtue of an existing order, that person shall have…

Sch. 14 para. 8

(1) Sub-paragraphs (2) to (6) apply where a person has care and control of a child by virtue of an existing order, but they shall cease to apply when that…

Sch. 14 para. 9

(1) Sub-paragraphs (2) to (4) apply where a person has access by virtue of an existing order. (2) Section 10 shall have effect as if after subsection (5) there…

Sch. 14 para. 11

(1) The making of a residence order or a care order with respect to a child who is the subject of an existing order discharges the existing order. (2) Where…

Sch. 14 para. 12

(1) Any appointment of a person as guardian of a child which— (a) was made— (i) under sections 3 to 5 of the Guardianship of Minors Act 1971; (ii) under…

Sch. 14 para. 13

Any appointment of a person to be a guardian of a child— (a) which was made as mentioned in paragraph 12(1)(a)(i); but (b) which, immediately before the…

Sch. 14 para. 14

For the purposes of the Wills Act 1837 and of this Act any disposition by will and testament or devise of the custody and tuition of any child, made before the…

Sch. 14 para. 15

(1) Sub-paragraph (2) applies where, immediately before the day on which Part IV comes into force, a person was— (a) in care by virtue of— (i) a care order…

Sch. 14 para. 16

(1) Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph…

Sch. 14 para. 16A

-(1) Where a child who is a ward of court is in care by virtue of— (a) an order under section 7(2) of the Family Law Reform Act 1969; or (b) an order made in…

Sch. 14 para. 17

(1) This paragraph applies where a child is deemed by paragraph 15 to be in the care of a local authority under an order or resolution which is deemed by that…

Sch. 14 para. 18

(1) This paragraph applies to any access order— (a) made under section 12C of the Child Care Act 1980 (access orders with respect to children in care of local…

Sch. 14 para. 18A

(1) This paragraph applies to any decision of a local authority to terminate arrangements for access or to refuse to make such arrangements— (a) of which…

Sch. 14 para. 19

(1) This paragraph applies where, immediately before the commencement of Part IV, an access order made under section 12C of the Act of 1980 was suspended by…

Sch. 14 para. 20

(1) This paragraph applies where, immediately before the day on which Part III comes into force— (a) a child was in the care of a local authority— (i) under…

Sch. 14 para. 21

(1) Where, immediately before the day on which Part III comes into force, a child in the care of a local authority— (a) was— (i) boarded out with a person…

Sch. 14 para. 22

Any reference in Part III to a person qualifying for advice and assistance shall be construed as including a reference to a person within the area of the local…

Sch. 14 para. 23

Where— (a) the Secretary of State has received a request in writing from a local authority that he give his consent under section 24 of the Child Care Act 1980…

Sch. 14 para. 24

(1) Where, immediately before the day on which Part III of Schedule 2 comes into force, there was in force an order made (or having effect as if made) under…

Sch. 14 para. 25

(1) This paragraph applies to any supervision order— (a) made— (i) under section 1(3)(b) of the Children and Young Persons Act 1969; or (ii) under section…

Sch. 14 para. 26

(1) This paragraph applies to any order for the supervision of a child which was in force immediately before the commencement of Part IV and was made under—…

Sch. 14 para. 27

(1) This paragraph applies to— (a) any order or warrant authorising the removal of a child to a place of safety which— (i) was made, or issued, under any of…

Sch. 14 para. 28

The repeal by this Act of subsection (1) of section 16 of the Child Care Act 1980 (arrest of child absent from compulsory care) shall not affect the operation…

Sch. 14 para. 29

(1) This paragraph applies where— (a) a summons has been issued under section 15 or 16 of the Child Care Act 1980 (recovery of children in voluntary or…

Sch. 14 para. 30

The amendment by paragraph 27 of Schedule 12 of section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall not affect the operation…

Sch. 14 para. 31

(1) This paragraph applies to a resolution— (a) made under section 64 of the Child Care Act 1980 (transfer of parental rights and duties to voluntary…

Sch. 14 para. 32

(1) This paragraph applies where— (a) immediately before the commencement of Part VIII, a child was a foster child within the meaning of the Foster Children…

Sch. 14 para. 33

(1) Sub-paragraph (2) applies where, immediately before the commencement of Part X, any premises are registered under section 1(1)(a) of the Nurseries and…

Sch. 14 para. 34

(1) Sub-paragraph (2) applies where, immediately before the commencement of Part X— (a) a person is registered under section 1(1)(b) of the Act of 1948…

Sch. 14 para. 35

In calculating, for the purposes of section 85(1)(a) or 86(1)(a), the period of time for which a child has been accommodated any part of that period which fell…

Sch. 14 para. 36

(1) This paragraph applies where, immediately before the commencement of section 90(2) there was in force an order (“a criminal care order") made— (a) under…

Sch. 14 para. 37

(1) In the circumstances mentioned in sub-paragraph (2), section 3 of and Schedule 2 to the Marriage Act 1949 (consents to marry) shall continue to have effect…

Sch. 14 para. 38

The amendments of other enactments made by the following provisions of the Children Act 1975 shall continue to have effect regardless of the repeal of the Act…

Sch. 14 para. 39

The amendment made to section 106(2)(a) of the Children and Young Persons Act 1933 by paragraph 26 of Schedule 5 to the Child Care Act 1980 shall continue to…