Search Legislation

Children Act 1989

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Children Act 1989, Cross Heading: General is up to date with all changes known to be in force on or before 21 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

GeneralE+W+S+N.I.

103 Offences by bodies corporate.E+W

(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 consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1s. 103 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

104 Regulations and orders.E+W+S

(1)Any power of the Lord Chancellor [F1, the Treasury] [F2, the Secretary of State or the National Assembly for Wales] under this Act to make an order, regulations, or rules, except an order under section [F354(2)], 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument.

(2)Any such statutory instrument, except one made under section [F44(1B), [F54ZA(3),]] 17(4), 107 or 108(2) [F6or one containing regulations which fall within subsection [F7(3AA),] [F8(3AB),] (3B) [F9, (3BA)] or (3C)], shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F10(2A)Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.]

[F11(3)An order under section [F124(1B) [F13, 4ZA(3)]] F14. . . shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(3A)An order under section 4(1B) [F15, 4ZA(3)] or 17(4) or regulations which fall within subsection [F16(3AA),] [F8(3AB),] (3B) [F17, (3BA)] or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

[F18(3AA)Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).]

[F19(3AB)Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).]

(3B)Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b).

[F20(3BA)Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9).]

(3C)Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2.]

(4)Any statutory instrument made under this Act may—

(a)make different provision for different cases;

(b)provide for exemptions from any of its provisions; and

(c)contain F21. . . incidental, supplemental and transitional provisions F21. . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 104 inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 19; S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F3Words in s. 104(1) repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F4Word in s. 104(2) inserted (1.12.2003) by 2002 c. 38, ss. 111(6)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F6Words in s. 104(2) inserted (E.W.) (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(2)

F9Words in s. 104(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(a), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F10S. 104(2A) inserted (8.12.2008 for S.) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 10(b) and omitted (E.W.) (13.11.2008) by Children and young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(3) and repealed (E.W.) (1.4.2011 for E., otherwise prosp.) by s. 42, {Sch. 4} of the same Act; S.I. 2008/2870, art. 2(2)(e); S.I. 2010/2891, art. 4(l)

F11S. 104(3A)-(3C) substituted (E.W.) (13.11.2008) for s. 104(3) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(4)

F12Words in s. 104(3) inserted (1.12.2003) by 2002 c. 38, ss. 111(6)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F14Words in s. 104(3) repealed (28.3.2011 for W., 1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 42, 44, Sch. 4; S.I. 2010/2981, art. 4(l); S.I. 2011/949, art. 3(d)(i)

F17Words in s. 104(3A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(a), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F20S. 104(3BA) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(b), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F21Words in s. 104(4)(c) repealed (E.W.) (13.11.2008) by Children and Young persons Act 2008 (c. 23), ss. 39, 42, 44, {Sch. 3 para. 25(5)}, {Sch. 4}

Commencement Information

I2S. 104 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F22104A.Regulations made by the Welsh Ministers under section 31A or Part 7E+W+S+N.I.

(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 instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

105 Interpretation.E+W+S

(1)In this Act—

  • [F23activity condition” has the meaning given by section 11C;]

  • [F23activity direction” has the meaning given by section 11A;]

  • adoption agency” means a body which may be referred to as an adoption agency by virtue of [F24section 2 of the Adoption and Children Act 2002];

  • F25...

  • bank holiday” means a day which is a bank holiday under the M1Banking and Financial Dealings Act 1971;

  • [F26care home” has the same meaning as in the Care Standards Act 2000;

  • care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

  • child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

  • [F27 "child arrangements order” has the meaning given by section 8(1);]

  • child assessment order” has the meaning given by section 43(2);

  • [F28child minder” has the meaning given by section 71;

  • [F29child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

    (a)

    a child of both of them, and

    (b)

    any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.]

  • [F30children's home” has the same meaning as it has for the purposes of the Care Standards Act 2000 (see section 1 of that Act);]

  • [F31clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;]

  • community home” has the meaning given by section 53;

  • F32 ...

  • F32 ...

  • F32 ...

  • day careF33 . . . has the same meaning as in section 18;

  • disabled”, in relation to a child, has the same meaning as in section 17(11);

  • F34 . . .

  • domestic premises” has the meaning given by section 71(12);

  • [F35“dwelling-house” includes—

    (a)

    any building or part of a building which is occupied as a dwelling;

    (b)

    any caravan, house-boat or structure which is occupied as a dwelling;

    and any yard, garden, garage or outhouse belonging to it and occupied with it;

  • [F36education functions” has the meaning given by section 579(1) of the Education Act 1996;]

  • education supervision order” has the meaning given in section 36;

  • emergency protection order” means an order under section 44;

  • [F37enforcement order” has the meaning given by section 11J;]

  • family assistance order” has the meaning given in section 16(2);

  • family proceedings” has the meaning given by section 8(3);

  • functions” includes powers and duties;

  • guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;

  • harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

  • F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • health service hospital[F39 means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]

  • hospitalF40 . . . has the same meaning as in the M2 Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;

  • ill-treatment” has the same meaning as in section 31(9);

  • [F41income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;]

  • [F42income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

  • [F43“independent hospital”

    (a)

    in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

    (b)

    in relation to Wales, has the same meaning as in the Care Standards Act 2000;]

  • independent school” has the same meaning as in [F44 the Education Act 1996];

  • local authority” means, in relation to England F45 . . ., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London [F46 in relation to Wales, the council of a county or a county borough] and, in relation to Scotland, a local authority within the meaning of section 1(2) of the M3 Social Work (Scotland) Act 1968;

  • [F47[F48local authority foster parent” has the meaning given in section 22C(12);]]

  • [F47“local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of—

    (a)

    paragraph 12F of Schedule 2; or

    (b)

    sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);]

  • F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F50Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;]

  • local housing authority” has the same meaning as in the M4 Housing Act 1985;

  • [F51mental nursing home” has the same meaning as in the M5 Registered Homes Act 1984;]

  • [F52nursing home” has the same meaning as in the Act of 1984;]

  • [F53officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;]

  • parental responsibility” has the meaning given in section 3;

  • parental responsibility agreement” has the meaning given in [F54 sections 4(1) [F55 , 4ZA(4)] and 4A(2)];

  • prescribed” means prescribed by regulations made under this Act;

  • [F56private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 which is not a community home or a voluntary home;]

  • F57 ...

  • privately fostered child” and “to foster a child privately” have the same meaning as in section 66;

  • prohibited steps order” has the meaning given by section 8(1);

  • F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F59registered children’s home” has the same meaning as in section 63;]

  • registered pupil” has the same meaning as in [F44 the Education Act 1996];

  • relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or [F60 by marriage or civil partnership)] or step-parent;

  • F32 ...

  • [F61residential care home” has the same meaning as in the Registered Homes Act 1984 [F62 and “small home” has the meaning given by section 1(4A) of that Act];]

  • responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

  • school” has the same meaning as in [F44 the Education Act 1996] or, in relation to Scotland, in the M6 Education (Scotland) Act 1980;

  • [F63section 31A plan” has the meaning given by section 31A(6);]

  • service”, in relation to any provision made under Part III, includes any facility;

  • signed”, in relation to any person, includes the making by that person of his mark;

  • special educational needs” has the same meaning as in [F64 the Education Act 1996];

  • [F65special guardian” and “special guardianship order” have the meaning given by section 14A;]

  • [F66Special Health Authority” means a Special Health Authority established under [F67 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006,];]

  • specific issue order” has the meaning given by section 8(1);

  • F68 ...

  • supervision order” has the meaning given by section 31(11);

  • supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;

  • upbringing”, in relation to any child, includes the care of the child but not his maintenance;

  • voluntary home” has the meaning given by section 60;

  • voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit.

  • [F69Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.]

(2) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to each other at the time of his birth must be read with section 1 of the M7 Family Law Reform Act 1987 (which extends the meaning of such references).

F70(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(4)References in this Act to a child who is looked after—

(a)in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and

(b)in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).]

(5) References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions [F72 of that or any other local authority which are social services functions] F73....

[F74(5B)In subsection (5) “social services functions” means—

(a)in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and

(b)in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.]

(5A)F75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F76(5B)References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).]

(6)In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—

(a)which is a school or other institution;

(b) in accordance with the requirements of a supervision order under this Act F77 . . .

[F78(ba)in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or]

(c)while he is being provided with accommodation by or on behalf of a local authority.

(7)References in this Act to children who are in need shall be construed in accordance with section 17.

(8)Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

(9)Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(10) For the purposes of this section, and of section 7 of the M8 Interpretation Act 1978 in its application to this section, the proper address of a person—

(a)in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;

(b)in the case of a partner of a firm, shall be that of the principal office of the firm; and

(c)in any other case, shall be the last known address of the person to be served.]]]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F23Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F24S. 105(1): words in definition of "adoption agency" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F26S. 105(1): definition of "care home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(ii); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F27Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F28S. 105(1): definition of "child minder" repealed (1.4.2002 for W. and otherwise (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2002/ 920, art. 3(3)(g) (with arts. 3(5)-(10))

F29S. 105(1): definition of "child of the family" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(3); S.I. 2005/3175, art. 2(1), Sch. 1

F30Words in s. 105(1) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 3(3); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F32Words in s. 105(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F33S. 105(1): words in the definition of "day care" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(i), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F34Definition of "district health authority" in s. 105(1) repealed (1.4.1996) by 1995 c. 17, ss.2(1), 5(1)(2), Schs. 1, para. 118(10)(a), 3(with Sch. 2 paras. 6, 16)

F35Definition in s. 105(1) inserted (1.10.1997) by 1996, c. 27, s. 52, Sch. 6 para. 5(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3

F37S. 105(1): definition of "enforcement order" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 15, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)

F38S. 105: definition of "health authority" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(a)

F39S. 105: words in definition of "health service hospital" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(b)

F40S. 105(1): words in the definition of "hospital" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(ii), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F41Definition of "income-based jobseeker's allowance" in s. 105 inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(4); S.I. 1996/2208, art. 2(b)

F42S. 105(1): definition of "income-related employment and support allowance" inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(5); S.I. 2008/787, art. 2(4)(f)

F43S. 105(1): definition of "independent hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(3)

F44Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 91(with Sch. 39, paras. 30, 39)

F45Words in s. 105(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), s. 66(8), Sch. 10 para. 13, Sch. 18(with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F46Words in definition of "local authority" in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 13 (with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F48S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(4); S.I. 2010/2891, art. 4(a)

F50S. 105: definition of "Local Health Board" inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(3)

F51S. 105(1): definition of "mental nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6);S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F52S. 105(1): definition of "nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F53S. 105(1): definition of "officer of the Service" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 95; S.I. 2001/919, art. 2(f)(ii)

F54S. 105(1): words in definition of "parental responsibility agreement" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F55S. 105(1): word in the definition of "parental responsibility agreement" inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 31; S.I. 2009/479, art. 6(1)(e)

F56S. 105(1): definition of "private children's home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(vii); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F58S. 105(1): definition of "protected child" repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(d), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F59S. 105(1): definition of "registered children's home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F60S. 105(1): words in definition of "relative" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(4); S.I. 2005/3175, art. 2(1), Sch. 1

F61S. 105(1): definition of "residential care home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F63S. 105(1): definition of "section 31A plan" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(b) (with Sch. 4 paras 6-8); S.I. 2005/2213, art. 2(o)

F64Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 91(with Sch. 39, paras. 30, 39)

F65S. 105(1): definition of "special guardian" and "special guardianship order" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(e) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F66Definition of "special health authority" in s. 105(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(10)(c)(with Sch. 2 para. 6)

F67S. 105: words in definition of "Special Health Authority" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(d)

F69S. 105(1): definition of "Welsh family proceedings officer" inserted (1.4.2005) by Children Act 2004, (c. 31), s. 40, {Sch. 3 para. 11}; S.I. 2005/700, art. 2(2)

F70S. 105(3) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F72Words in s. 105(5) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 22; S.I. 2000/2849, art. 2(f)

F75S. 105(5A) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F76S. 105(5B) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 15(2)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F77Words in s. 105(6)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 36(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)(u)(xi)

F78S. 105(6)(ba) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 36(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)

Commencement Information

I3S. 105 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

106 Financial provisions.E+W

(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 payable out of money provided by Parliament.

(2)Any sums received by the Secretary of State under section 58, or by way of the repayment of any grant made under section 82(2) or (4) shall be paid into the Consolidated Fund.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 106 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

107 Application to Channel Islands.E+W

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 modifications as may be specified in the Order.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 107 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

108 Short title, commencement extent etc.E+W+S+N.I.

(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 this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.

(3)Different dates may be appointed for different provisions of this Act and in relation to different cases.

(4)The minor amendments set out in Schedule 12 shall have effect.

(5)The consequential amendments set out in Schedule 13 shall have effect.

(6)The transitional provisions and savings set out in Schedule 14 shall have effect.

(7)The repeals set out in Schedule 15 shall have effect.

(8)An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—

(a)provisions adding to or modifying the provisions of Schedule 14, and

(b)such adaptations—

(i)of the provisions brought into force by the order; and

(ii)of any provisions of this Act then in force,

as appear to him necessary or expedient in consequence of the partial operation of this Act.

(9)The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.

(10)This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

(11)The following provisions of this Act extend to Scotland—

  • [F79section 19;]

  • section 25(8);

  • section 50(13);

  • [F79Part X;

  • section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);]

  • section 88;

  • section 104 (so far as necessary);

  • section 105 (so far as necessary);

  • subsections (1) to (3), (8) and (9) and this subsection;

  • in Schedule 2, paragraph 24;

  • in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;

  • in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;

  • in Schedule 14, paragraphs 1, 33 and 34;

  • in Schedule 15, the entries relating to—

(a)the M9Custody of Children Act 1891;

(b)the M10Nurseries and Child Minders Regulation Act 1948;

(c)section 53(3) of the M11Children and Young Persons Act 1963;

(d)section 60 of the M12Health Services and Public Health Act 1968;

(e)the M13Social Work (Scotland) Act 1968;

(f)the M14Adoption (Scotland) Act 1978;

(g)the M15Child Care Act 1980;

(h)the M16Foster Children (Scotland) Act 1984;

(i)the M17Child Abduction and Custody Act 1985; and

(j)the M18Family Law Act 1986.

(12)The following provisions of this Act extend to Northern Ireland—

  • section 50;

  • section 101(1)(b), (2) and (5)(a)(i);

  • subsections (1) to (3), (8) and (9) and this subsection;

  • in Schedule 2, paragraph 24;

  • in Schedule 12, paragraphs 7 to 10, 18 and 27;

  • in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;

  • in Schedule 14, paragraphs F80. . ., 28 to 30 and 38(a); and

  • in Schedule 15, the entries relating to the M19Guardianship of Minors Act 1971, the M20Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1S. 108 extends to England and Wales, except s. 108(1)(3)(8)(9) which extend to the United Kingdom. See s. 108(11)(12).

Amendments (Textual)

F79Words in s. 108(11) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources