Children Act 1989

Pending proceedings, etc.

1 (1) Subject to sub-paragraph (4), nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending immediately before the commencement of that provision.

(2) The repeals are those of—

(a) section 42(3) of the [1973 c. 18.] Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); and

(b) section 38 of the [1956 c. 69.] Sexual Offences Act 1956 (power of court to divest person of authority over girl or boy in cases of incest).

(3) For the purposes of the following provisions of this Schedule, any reference to an order in force immediately before the commencement of a provision of this Act shall be construed as including a reference to an order made after that commencement in proceedings pending before that commencement.

(4) Sub-paragraph (3) is not to be read as making the order in question have effect from a date earlier than that on which it was made.

(5) An order under section 96(3) may make such provision with respect to the application of the order in relation to proceedings which are pending when the order comes into force as the Lord Chancellor considers appropriate.

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 [1963 c. 37.] Children and Young Persons Act 1963 (order directing a local authority to bring a child or young person before a juvenile court under section 1 of the Children and Young Persons Act 1969), the order shall cease to have effect on that day.