Children Act 1989

18 (1) In section 32 (meaning of “protected child”), in subsection (2) for the words “section 37 of the Adoption Act 1958” there shall be substituted–

“(a) section 32 of the Adoption (Scotland) Act 1978; or

(b) Article 33 of the Adoption (Northern Ireland) Order 1987.”

(2) In subsection (3) of that section for paragraph (a) there shall be substituted—

“(a) he is in the care of any person–

(i) in any community home, voluntary home or registered children’s home;

(ii) in any school in which he is receiving full-time education;

(iii) in any health service hospital”;

and at the end of that subsection there shall be added—

“(d) he is in the care of any person in any home or institution not specified in this subsection but provided, equipped and maintained by the Secretary of State.”

(3) After that subsection there shall be inserted—

“(3A) In subsection (3) “community home”, “voluntary home”, “registered children’s home”, “school” and “health service hospital” have the same meaning as in the Children Act 1989.”

(4) For subsection (4) of that section there shall be substituted—

“(4) A protected child ceases to be a protected child—

(a) on the grant or refusal of the application for an adoption order;

(b) on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;

(c) in a case where no application is made for an adoption order, on the expiry of the period of two years from the giving of the notice;

(d) on the making of a residence order, a care order or a supervision order under the Children Act 1989 in respect of the child;

(e) on the appointment of a guardian for him under that Act;

(f) on his attaining the age of 18 years; or

(g) on his marriage,

whichever first occurs.

(5) In subsection (4)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.”