Children and Young Persons Act 1969

Transfer U.K.

25 Transfers between England or Wales and Northern Ireland. E+W+N.I.

(1) If it appears to the Secretary of State, on the application of the [F1 welfare authority][F1 Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs)] or the managers of the training school to whose care a person is committed by a fit person order or by virtue of a training school order [F2 or by an order under subsection (2) below], that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect as if it were a care order and as if sections 20(2) and (3) and 21(1) and (5) of this Act were omitted and in section 31(3)(a) of this Act for the reference to section 20(3) there were substituted a reference to subsection (3) of this section.

(2) If it appears to the [F3 the Secretary of State], on the application of the local authority to whose care a person is committed by a care order other than an interim order [F2 or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F3 the Secretary of State] may make an order committing him to the care of the managers of a training school or to the care of the [F4 welfare authority in whose area his parent or guardian resides or will reside][F4 Secretary of State] and the provisions of the M1 Children and Young Persons Act (Northern Ireland) 1968 (except sections 83(3)(a), 88(3), 90 and 91(3)) shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, a fit person order.

[F5 If an order under this subsection commits a person to the care of the managers of a training school, the contributions to be made in respect of him under section 161 of the said Act of 1968 shall be made by such council as may be named in that order, being the council within whose district his parent proposes to reside or is residing at the time of the order.]

(3) When a person is received into the care of a local authority or [F6 welfare authority][F6 the Ministry of Home Affairs] or the managers of a training school in pursuance of an order under this section, the training school order, fit person order or care order in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

(a) in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;

(b) in the case of an order under subsection (2), on the date when the care order aforesaid would have ceased to have effect by the effluxion of time or—

(i) if the person to whom the order relates is committed by it to the care of [F7 a welfare authority][F7 the Ministry of Home Affairs] and will attain the age of eighteen before that date, when he attains that age;

(ii) if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.

(4) An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or [F8 welfare authority][F8 the Ministry of Home Affairs] or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority [F9 Ministry] or managers to whose care he is committed by the order.

(5) In this section “training school”, [F10 “training school order” and “welfare authority”][F10 and “training school order”] have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.

Textual Amendments

F1 Words from “Ministry” to “Affairs)” substituted (N.I.) for words “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F2 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 15

F3 Words substituted (N.I.) by virtue of S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1

F4 Words “Secretary of State” substituted (N.I.) for words from “welfare” to “reside” by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2 and S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1

F5 Words repealed (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F6 Words “the Ministry of Home Affairs” substituted (N.I.) for words “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F7 Words “the Ministry of Home Affairs” substituted (N.I.) for words “a welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F8 Words “the Ministry of Home Affairs” substituted (N.I.) for words “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F9 Word inserted (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F10 Words “and “training school order”” substituted (N.I.) for words “training school order” and “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Modifications etc. (not altering text)

C1 Ss. 25, 26: power to amend conferred (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 101(5)(a), 108(2)

C2 S. 25(2): Certain functions transferred (N.I.) by S.I. 1973/2163, Sch. 1

C3 S. 25(2) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 1955 (c. 19, SIF 7:1), Sch 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A para. 7(3) of the said Acts of 1955 and Sch. 4A para. 7(3) of the Act 1957 substituted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 paras. 8, 10, 18)

Marginal Citations

M1 1968 c. 34 (N.I.)

26 Transfers between England or Wales and the Channel Islands or Isle of Man. U.K.

(1) The Secretary of State may by order designate for the purposes of this section an order of any description which—

(a) a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

(b) provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

(c) appears to the Secretary of State to be of the same nature as a care order other than an interim order;

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order.

(2) The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection, be deemed to be the subject of a care order committing to the care of the local authority.

(3) This Act shall have effect, in relation to a person in respect of whom an authorisation under this section is in force, as if sections 20(2) and (3), 21 and 31. . . F11 were omitted; and it shall be the duty of a local authority who propose, in exercise of their powers under [F12 section 21(2) of the M2 Child Care Act 1980], to allow such a person to be under the charge and control of a person residing outside England and Wales to consult the relevant authority before exercising those powers.

(4) An authorisation given to a local authority under this section shall cease to have effect when—

(a) the local authority is informed by the Secretary of State that he has revoked it; or

(b) the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

(c) the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

Extent Information

E1 S. 26 extends to England, Wales, the Channel Islands and the Isle of Man only

Textual Amendments

F11 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 25

F12 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 25

Modifications etc. (not altering text)

C4 Ss. 25, 26: power to amend conferred (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 101(5)(a), 108(2)

Marginal Citations

M2 1980 c. 5(20).

27 F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6 (s. 27(4) expressed to be repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), 36(3)(a), Sch. 15)