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Children Act 1989

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[F1Warning and report following breachE+W+S+N.I.

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Amendments (Textual)

8(1)This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a [F2 provision of a child arrangements] order.E+W+S+N.I.

(2)If the responsible officer is of the opinion that the person has failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order, the officer must give the person a warning under this paragraph unless—

(a)the person has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with the unpaid work requirement, or

(b)the responsible officer reports the failure to the appropriate person.

(3)A warning under this paragraph must—

(a)describe the circumstances of the failure,

(b)state that the failure is unacceptable, and

(c)inform the person that, if within the next twelve months he again fails to comply with the unpaid work requirement, the warning and the subsequent failure will be reported to the appropriate person.

(4)The responsible officer must, as soon as practicable after the warning has been given, record that fact.

(5)If—

(a)the responsible officer has given a warning under this paragraph to a person subject to an enforcement order, and

(b)at any time within the twelve months beginning with the date on which the warning was given, the responsible officer is of the opinion that the person has since that date failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order,

the officer must report the failure to the appropriate person.

(6)A report under sub-paragraph (5) must include a report of the warning given to the person subject to the enforcement order.

(7)The appropriate person, in relation to an enforcement order, is the officer of the Service or the Welsh family proceedings officer who is required under section 11M to report on matters relating to the enforcement order.

(8)Responsible officer ”, in relation to a person subject to an enforcement order, has the same meaning as in section 197 of the Criminal Justice Act 2003 (as modified by paragraph 2). ]

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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)

F2 Words in Sch. A1 para. 8(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 2 para. 39(2) ; S.I. 2014/889 , art. 4(f) (with transitional provisions in S.I. 2014/1042 , arts. 3, 4, 6-10)

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