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Children Act 1989

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This is the original version (as it was originally enacted).

63(1)In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)—

(a)for paragraph (a) there shall be substituted—

(a)a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order; and

(b)for paragraph (d) there shall be substituted the following paragraphs—

(d)an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

(i)so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii)excluding an order varying or revoking such an order;

(e)an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship—

(i)so far as it gives care and control of a child to any person or provides for the education of or access to a child; but

(ii)excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board.

(2)In subsection (2) of that section, in paragraph (c) for “(d)” there shall be substituted “(e)”.

(3)For subsections (3) to (5) of that section there shall be substituted—

(3)In this Part, “Part I order”—

(a)includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and

(b)(subject to sections 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.

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