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Children Act 1989

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This is the original version (as it was originally enacted).

Children in careChildren in compulsory care

15(1)Sub-paragraph (2) applies where, immediately before the day on which Part IV comes into force, a person was—

(a)in care by virtue of—

(i)a care order under section 1 of the [1969 c. 54.] Children and Young Persons Act 1969;

(ii)a care order under section 15 of that Act, on discharging a supervision order made under section 1 of that Act; or

(iii)an order or authorisation under section 25 or 26 of that Act;

(b)deemed, by virtue of—

(i)paragraph 7(3) of Schedule 5A to the [1955 c. 18.] Army Act 1955;

(ii)paragraph 7(3) of Schedule 5A to the [1955 c. 19.] Air Force Act 1955; or

(iii)paragraph 7(3) of Schedule 4A to the [1957 c. 53.] Naval Discipline Act 1957,

to be the subject of a care order under the Children and Young Persons Act 1969;

(c)in care—

(i)under section 2 of the [1980 c. 5.] Child Care Act 1980; or

(ii)by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of a child in care under section 2 to include children in care under section 1 of the [1948 c. 43.] Children Act 1948),

and a child in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force;

(d)a child in respect of whom a resolution had been passed under section 65 of the Child Care Act 1980;

(e)in care by virtue of an order under—

(i)section 2(1)(e) of the [1960 c. 48.] Matrimonial Proceedings (Magistrates' Courts) Act 1960;

(ii)section 7(2) of the [1969 c. 46.] Family Law Reform Act 1969;

(iii)section 43(1) of the [1973 c. 18.] Matrimonial Causes Act 1973; or

(iv)section 2(2)(b) of the [1973 c. 29.] Guardianship Act 1973;

(v)section 10 of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978,

(orders having effect for certain purposes as if the child had been received into care under section 2 of the Child Care Act 1980);

(f)in care by virtue of an order made, on the revocation of a custodianship order, under section 36 of the [1975 c. 72.] Children Act 1975; or

(g)in care by virtue of an order made, on the refusal of an adoption order, under section 26 of the [1976 c. 36.] Adoption Act 1976 or any order having effect (by virtue of paragraph 1 of Schedule 2 to that Act) as if made under that section.

(2)Where this sub-paragraph applies, then, on and after the day on which Part IV commences—

(a)the order or resolution in question shall be deemed to be a care order;

(b)the authority in whose care the person was immediately before that commencement shall be deemed to be the authority designated in that deemed care order; and

(c)any reference to a child in the care of a local authority shall include a reference to a person who is the subject of such a deemed care order,

and the provisions of this Act shall apply accordingly, subject to paragraph 16.

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