Children and Young Persons Act 1969

[F1 22 Special provisions relating to interim orders. E+W

(1) A juvenile court or a justice shall not make an interim order in respect of any person unless either—

(a) that person is present before the court or justice; or

(b) the court or justice is satisfied that he is under the age of five or cannot be present as aforesaid by reason of illness or accident.

(2) An interim order shall contain provision requiring the local authority to whose care a person is committed by the order to bring that person before a court specified in the order on the expiration of the order or at such earlier time as the specified court may require, so however that the said provision shall, if the court making the order considers it appropriate so to direct by reason of the fact that that person is under the age of five [F2 or is legally represented] or by reason of illness or accident, require the local authority to bring him before the specified court on the expiration of the order only if the specified court so requires.

(3) A juvenile court acting for the same area as a juvenile court by which or a justice by whom an interim order has been made in respect of any person may, at any time before the expiration of the order, make a further interim order in respect of him; and the power to make an interim order conferred by this subsection is without prejudice to any other power to make such an order.

(4) The High Court may, on the application of a person to whom an interim order relates [F3 , or, in a case where the order was made in proceedings to which a parent or guardian was a party by virtue of an order under section 32A of this Act, of the parent or guardian,], discharge the order on such terms as the court thinks fit; but if on such an application the discharge of the order is refused, the local authority to whose care he is committed by the order shall not exercise in his case their powers under [F4 section 21(2) of the M1 Child Care Act 1980] (which enables them to allow a parent or other person to be in charge of him) except with the consent and in accordance with any directions of the High Court.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(6) Subsections (1), (3) and (4) of this section, so much of section 2(11)(a) as requires the clerk to be informed and section 21(2) to (4) s of this Act shall apply to a warrant under subsection (5) of this section as they apply to an interim order but as if the words “is under the age of five or” in subsection (1) of this section were omitted.]

Textual Amendments

F1 Ss. 20–22 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F2 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 14

F3 Words inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(4), 6

F4 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 24

F5 S. 22(5) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 125, 170(2), Sch. 16

Marginal Citations

M1 1980 c. 5(20).