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Children Act 1989

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SCHEDULES

[F1SCHEDULE A1E+W+S+N.I.Enforcement orders

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Amendments (Textual)

Part 1E+W+S+N.I.Unpaid work requirement

GeneralE+W+S+N.I.

1Subject to the modifications in paragraphs 2 and 3, Chapter 4 of Part 12 of the Criminal Justice Act 2003 has effect in relation to an enforcement order as it has effect in relation to a community order (within the meaning of Part 12 of that Act).E+W+S+N.I.

References to an offenderE+W+S+N.I.

2Subject to paragraph 3, references in Chapter 4 of Part 12 of the Criminal Justice Act 2003 to an offender are to be treated as including references to a person subject to an enforcement order.E+W+S+N.I.

Specific modificationsE+W+S+N.I.

3 F2( 1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

(2)In section 198 (duties of responsible officer)—

(a)in subsection (1)—

(i) at the end of paragraph (a) insert “ and ” , and

(ii)omit paragraph (c) and the word “and” immediately preceding it, and

(b)after subsection (1) insert—

(1A)Subsection (1B) applies where—

(a)an enforcement order is in force, and

(b)an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer (as defined in section 35 of the Children Act 2004) is required under section 11M of the Children Act 1989 to report on matters relating to the order.

(1B)The officer of the Service or the Welsh family proceedings officer may request the responsible officer to report to him on such matters relating to the order as he may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request.

(3)In section 199 (unpaid work requirement)—

F3( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)omit subsections (3) and (4), and

(c) in subsection (5) for the words from the beginning to “of them” substitute “ Where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement ” .

(4)In section 200 (obligations of person subject to unpaid work requirement), for subsection (2) substitute—

(2)Subject to paragraphs 7 and 9 of Schedule A1 to the Children Act 1989, the work required to be performed under an unpaid work requirement imposed by an enforcement order must be performed during a period of twelve months.

(2A)But the period of twelve months is not to run while the enforcement order is suspended under section 11J(9) of the Children Act 1989.

(5) Section 217 (requirement to avoid conflict with religious beliefs, etc ) is omitted.

(6)In section 218 (availability of arrangements in local area), subsection (1)(condition for imposition of unpaid work requirement) is omitted.

(7)Section 219 (provision of copies of relevant order) is omitted.

[F4(7A)In section 220(1) (duty of offender to keep in touch with responsible officer), at the end of paragraph (a) insert and

(b)must notify the responsible officer of any change of address.

(7B)Section 220A (duty to obtain permission before changing residence) is omitted.]

(8)The power of the Secretary of State to make rules under section 222 in relation to persons subject to relevant orders may also be exercised in relation to persons subject to enforcement orders.

(9)The power of the Secretary of State by order under section 223(1) to amend the provision mentioned in section 223(1)(a) includes power to amend this Part so as to make such modifications of Chapter 4 of Part 12 of the Criminal Justice Act 2003 as appear to the Secretary of State to be necessary or expedient in consequence of any amendment of the provision mentioned in section 223(1)(a).

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Amendments (Textual)

F2Sch. A1 para. 3(1) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 9; S.I. 2014/1287, art. 2(d)

F3Sch. A1 para. 3(2)(a) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 9; S.I. 2014/1287, art. 2(d)

Part 2E+W+S+N.I.Revocation, amendment or breach of enforcement order

Power to revokeE+W+S+N.I.

4(1)This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a [F5provision of a child arrangements] order and the enforcement order is in force.E+W+S+N.I.

(2)The court may revoke the enforcement order if it appears to the court that—

(a)in all the circumstances no enforcement order should have been made,

(b)having regard to circumstances which have arisen since the enforcement order was made, it would be appropriate for the enforcement order to be revoked, or

(c)having regard to the person's satisfactory compliance with the [F6child arrangements] order or any [F6child arrangements] order that has effect in its place, it would be appropriate for the enforcement order to be revoked.

(3)The enforcement order may be revoked by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

(4)In deciding whether to revoke the enforcement order under sub-paragraph (2)(b), the court is to take into account—

(a)the extent to which the person subject to the enforcement order has complied with it, and

(b)the likelihood that the person will comply with the [F7child arrangements] order or any contact order that has effect in its place in the absence of an enforcement order.

(5)In deciding whether to revoke the enforcement order under sub-paragraph (2)(c), the court is to take into account the likelihood that the person will comply with the [F8child arrangements] order or any [F8child arrangements] order that has effect in its place in the absence of an enforcement order.

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Amendments (Textual)

F5Words in Sch. A1 para. 4(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)

F6Words in Sch. A1 para. 4(2)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F7Words in Sch. A1 para. 4(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F8Words in Sch. A1 para. 4(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Amendment by reason of change of residenceE+W+S+N.I.

5(1)This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a [F9provision of a child arrangements] order and the enforcement order is in force.E+W+S+N.I.

(2)If the court is satisfied that the person has changed, or proposes to change, his residence from the local justice area specified in the order to another local justice area, the court may amend the order by substituting the other area for the area specified.

(3)The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

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Amendments (Textual)

F9Words in Sch. A1 para. 5(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)

Amendment of hours specified under unpaid work requirementE+W+S+N.I.

6(1)This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a [F10provision of a child arrangements] order and the enforcement order is in force.E+W+S+N.I.

(2)If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may reduce the number of hours specified in the order (but not below the minimum specified in section 199(2)(a) of the Criminal Justice Act 2003).

(3)In amending the enforcement order under sub-paragraph (2), the court must be satisfied that the effect on the person of the enforcement order as proposed to be amended is no more than is required to secure his compliance with the [F11child arrangements] order or any [F11child arrangements] order that has effect in its place.

(4)The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

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Amendments (Textual)

F10Words in Sch. A1 para. 6(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)

F11Words in Sch. A1 para. 6(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Amendment to extend unpaid work requirementE+W+S+N.I.

7(1)This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a [F12 provision of a child arrangements] order and the enforcement order is in force.E+W+S+N.I.

(2)If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may, in relation to the order, extend the period of twelve months specified in section 200(2) of the Criminal Justice Act 2003 (as substituted by paragraph 3).

(3)The period may be extended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

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Amendments (Textual)

F12Words in Sch. A1 para. 7(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)]

Warning and report following breachE+W+S+N.I.

8(1)This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a [F13 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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Amendments (Textual)

F13 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)

Breach of an enforcement orderE+W+S+N.I.

9(1) This paragraph applies where a court has made an enforcement order (“ the first order ”) in respect of a person's failure to comply with a [F14 provision of a child arrangements] order. E+W+S+N.I.

(2)If the court is satisfied beyond reasonable doubt that the person has failed to comply with the unpaid work requirement imposed by the first order, the court may—

(a)amend the first order so as to make the requirement more onerous, or

(b) make an enforcement order (“the second order”) in relation to the person and (if the first order is still in force) provide for the second order to have effect either in addition to or in substitution for the first order.

(3)But the court may not exercise its powers under sub-paragraph (2) if it is satisfied that the person had a reasonable excuse for failing to comply with the unpaid work requirement imposed by the first order.

(4)The burden of proof as to the matter mentioned in sub-paragraph (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.

(5)The court may exercise its powers under sub-paragraph (2) in relation to the first order only on the application of a person who would be able to apply under section 11J for an enforcement order if the failure to comply with the first order were a failure to comply with [F15a provision of the child arrangements] order to which the first order relates.

(6)Where the person proposing to apply to the court is the child with respect to whom the [F16child arrangements] order was made, subsections (6) and (7) of section 11J have effect in relation to the application as they have effect in relation to an application for an enforcement order.

(7)An application to the court to exercise its powers under sub-paragraph (2) may only be made while the first order is in force.

(8)The court may not exercise its powers under sub-paragraph (2) in respect of a failure by the person to comply with the unpaid work requirement imposed by the first order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of, a notice under section 11N relating to the first order.

(9)In dealing with the person under sub-paragraph (2)(a), the court may—

(a)increase the number of hours specified in the first order (but not above the maximum specified in section 199(2)(b) of the Criminal Justice Act 2003, as substituted by paragraph 3);

(b)in relation to the order, extend the period of twelve months specified in section 200(2) of the Criminal Justice Act 2003 (as substituted by paragraph 3).

(10)In exercising its powers under sub-paragraph (2), the court must be satisfied that, taking into account the extent to which the person has complied with the unpaid work requirement imposed by the first order, the effect on the person of the proposed exercise of those powers—

(a)is no more than is required to secure his compliance with the [F17child arrangements] order or any child arrangements order that has effect in its place, and

(b)is no more than is proportionate to the seriousness of his failures to comply with the [F18provisions of the child arrangements order and with] the first order.

(11)Where the court exercises its powers under sub-paragraph (2) by making an enforcement order in relation to a person who has failed to comply with another enforcement order—

(a)sections 11K(4), 11L(2) to (7), 11M and 11N have effect as regards the making of the order in relation to the person as they have effect as regards the making of an enforcement order in relation to a person who has failed to comply with a [F19provision of a child arrangements]order;

(b)this Part of this Schedule has effect in relation to the order so made as if it were an enforcement order made in respect of the failure for which the other order was made.

(12)Sub-paragraph (2) is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to enforcement orders.

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Amendments (Textual)

F14 Words in Sch. A1 para. 9(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)

F15 Words in Sch. A1 para. 9(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 2 para. 39(4) ; S.I. 2014/889 , art. 4(f) (with transitional provisions in S.I. 2014/1042 , arts. 3, 4, 6-10)

F16 Words in Sch. A1 para. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 2 para. 39(3) ; S.I. 2014/889 , art. 4(f) (with transitional provisions in S.I. 2014/1042 , arts. 3, 4, 6-10)

F17 Words in Sch. A1 para. 9(10)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 2 para. 39(3) ; S.I. 2014/889 , art. 4(f) (with transitional provisions in S.I. 2014/1042 , arts. 3, 4, 6-10)

F18 Words in Sch. A1 para. 9(10)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 2 para. 39(5) ; S.I. 2014/889 , art. 4(f) (with transitional provisions in S.I. 2014/1042 , arts. 3, 4, 6-10)

F19 Words in Sch. A1 para. 9(11)(a) 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)

[F17Provision relating to amendment of enforcement ordersE+W+S+N.I.

10Sections 11L(2) to (7) and 11M have effect in relation to the making of an order under paragraph 6(2), 7(2) or 9(2)(a) amending an enforcement order as they have effect in relation to the making of an enforcement order; and references in sections 11L(2) to (7) and 11M to an enforcement order are to be read accordingly.]E+W+S+N.I.

Section 15(1).

SCHEDULE 1E+W Financial Provision for Children

Orders for financial relief against parentsE+W

1(1)On an application made by a parent [F20, guardian or special guardian] of a child, or by any person [F21who is named in a child arrangements order as a person with whom a child is to live ], the court [F22may make one or more of the orders mentioned in sub-paragraph (2). ]E+W

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The orders referred to in sub-paragraph (1) are—

(a)an order requiring either or both parents of a child—

(i)to make to the applicant for the benefit of the child; or

(ii)to make to the child himself,

such periodical payments, for such term, as may be specified in the order;

(b)an order requiring either or both parents of a child—

(i)to secure to the applicant for the benefit of the child; or

(ii)to secure to the child himself,

such periodical payments, for such term, as may be so specified;

(c)an order requiring either or both parents of a child—

(i)to pay to the applicant for the benefit of the child; or

(ii)to pay to the child himself,

such lump sum as may be so specified;

(d)an order requiring a settlement to be made for the benefit of the child, and to the satisfaction of the court, of property—

(i)to which either parent is entitled (either in possession or in reversion); and

(ii)which is specified in the order;

(e)an order requiring either or both parents of a child—

(i)to transfer to the applicant, for the benefit of the child; or

(ii)to transfer to the child himself,

such property to which the parent is, or the parents are, entitled (either in possession or in reversion) as may be specified in the order.

(3)The powers conferred by this paragraph may be exercised at any time.

(4)An order under sub-paragraph (2)(a) or (b) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

(5)Where a court makes an order under this paragraph—

(a)it may at any time make a further such order under sub-paragraph (2)(a), (b) or (c) with respect to the child concerned if he has not reached the age of eighteen;

(b)it may not make more than one order under sub-paragraph (2)(d) or (e) against the same person in respect of the same child.

(6)On making, varying or discharging F24... [F25 a special guardianship order] [F26, or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, ] the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule.

[F27(6A)For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to—

(a)with whom the child is to live, or

(b)when the child is to live with any person.]

[F28(7)Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.]

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Amendments (Textual)

F20Words in Sch. 1 para. 1(1) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(a)(i) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F21Words in Sch. 1 para. 1(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F22Words in Sch. 1 para. 1(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 113(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F23Sch. 1 para. 1(1)(a)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 113(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F24Words in Sch. 1 para. 1(6) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F25Words in Sch. 1 para. 1(6) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(a)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F26Words in Sch. 1 para. 1(6) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F27Sch. 1 para. 1(6A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I1Sch. 1 para. 1 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Orders for financial relief for persons over eighteenE+W

2(1)If, on an application by a person who has reached the age of eighteen, it appears to the court—E+W

(a)that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b)that there are special circumstances which justify the making of an order under this paragraph,

the court may make one or both of the orders mentioned in sub-paragraph (2).

(2)The orders are—

(a)an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;

(b)an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified.

(3)An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him.

(4)No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household.

(5)An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

(6)In sub-paragraph (3) “periodical payments order” means an order made under—

(a)this Schedule;

F29(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 23 or 27 of the M1Matrimonial Causes Act 1973;

(d)Part I of the M2Domestic Proceedings and Magistrates’ Courts Act 1978,

[F30(e)Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);

(f)Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),]

for the making or securing of periodical payments.

(7)The powers conferred by this paragraph shall be exercisable at any time.

(8)Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.

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Amendments (Textual)

F29Sch. 1 para. 2(6)(b) repealed (25.07.1991) by Child Support Act 1991 (c. 48, SIF 20), s. 58(2)(14) (with saving in s. 9(2)

Commencement Information

I2Sch. 1 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Duration of orders for financial reliefE+W

3(1)The term to be specified in an order for periodical payments made under paragraph 1(2)(a) or (b) in favour of a child may begin with the date of the making of an application for the order in question or any later date [F31or a date ascertained in accordance with sub-paragraph (5) or (6)] but—E+W

(a)shall not in the first instance extend beyond the child’s seventeenth birthday unless the court thinks it right in the circumstances of the case to specify a later date; and

(b)shall not in any event extend beyond the child’s eighteenth birthday.

(2)Paragraph (b) of sub-paragraph (1) shall not apply in the case of a child if it appears to the court that—

(a)the child is, or will be or (if an order were made without complying with that paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b)there are special circumstances which justify the making of an order without complying with that paragraph.

(3)An order for periodical payments made under paragraph 1(2)(a) or 2(2)(a) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

(4)Where an order is made under paragraph 1(2)(a) or (b) requiring periodical payments to be made or secured to the parent of a child, the order shall cease to have effect if —

(a)any parent making or securing the payments; and

(b)any parent to whom the payments are made or secured,

live together for a period of more than six months.

[F32(5)Where—

(a)a [F33maintenance calculation]](“the [F34current caculation]”) is in force with respect to a child; and

(b)an application is made for an order under paragraph 1(2)(a) or (b) of this Schedule for periodical payments in favour of that child—

(i)in accordance with section 8 of the Child Support Act 1991 M3; and

(ii)before the end of the period of 6 months beginning with the making of the [F34current calculation],

the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.

(6)For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of—

(a)the date 6 months before the application is made; or

(b)the date on which the [F34current calculation] took effect or, where successive [F35maintenance calculations] have been continuously in force with respect to a child, on which the first of [F36those calculations] took effect.

(7)Where—

(a)a [F33maintenance calculation] ceases to have effect [F37or is cancelled] by or under any provision of the Child Support Act 1991, and

(b)an application is made, before the end of the period of 6 months beginning with the relevant date, for an order for periodical payments under paragraph 1(2)(a) or (b) in favour of a child with respect to whom that [F33maintenance calculation] was in force immediately before it ceased to have effect [F38or was cancelled],

the term to be specified in any such order, or in any interim order under paragraph 9, made on that application may begin with the date on which that [F33maintenance calculation] ceased to have effect [F39or, as the case may be, the date with effect from which it was cancelled], or any later date.

(8)In sub-paragraph (7)(b)—

(a)where the [F33maintenance calculation] ceased to have effect, the relevant date is the date on which it so ceased; [F40and

(b)where the maintenance assessment was cancelled, the relevant date is the later of—

(i)the date on which the person who cancelled it did so, and

(ii)the date from which the cancellation first had effect.]

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Amendments (Textual)

F31Words in Sch. 1 para. 3(1) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 10

F33Words in Sch. 1 para. 3(5)(a)(7)(8)(a) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(a) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F34Words in Sch. 1 para. 3(5)(a)(b)(ii)(6)(b) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(b) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F35Words in Sch. 1 para. 3(6)(b) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(c) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F36Words in Sch. 1 para. 3(6)(b) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(d) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F37Words in Sch. 1 para. 3(7)(a) repealed 3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F38Words in Sch. 1 para. 3(7)(b) repealed (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F39Words in Sch. 1 para. 3(7) repealed (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, 8, Sch.

F40Sch. 1 para. 3(8)(b) and the preceding "and" repealed (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

Commencement Information

I3Sch. 1 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Matters to which court is to have regard in making orders for financial reliefE+W

4(1)In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances including—E+W

(a)the income, earning capacity, property and other financial resources which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;

(b)the financial needs, obligations and responsibilities which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;

(c)the financial needs of the child;

(d)the income, earning capacity (if any), property and other financial resources of the child;

(e)any physical or mental disability of the child;

(f)the manner in which the child was being, or was expected to be, educated or trained.

(2)In deciding whether to exercise its powers under paragraph 1 against a person who is not the mother or father of the child, and if so in what manner, the court shall in addition have regard to—

(a)whether that person had assumed responsibility for the maintenance of the child and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility;

(b)whether he did so knowing that the child was not his child;

(c)the liability of any other person to maintain the child.

(3)Where the court makes an order under paragraph 1 against a person who is not the father of the child, it shall record in the order that the order is made on the basis that the person against whom the order is made is not the child’s father.

(4)The persons mentioned in sub-paragraph (1) are—

(a)in relation to a decision whether to exercise its powers under paragraph 1, any parent of the child;

(b)in relation to a decision whether to exercise its powers under paragraph 2, the mother and father of the child;

(c)the applicant for the order;

(d)any other person in whose favour the court proposes to make the order.

[F41(5)In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, any reference in sub-paragraph (2), (3) or (4) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.]

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Amendments (Textual)

Commencement Information

I4Sch. 1 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Provisions relating to lump sumsE+W

5(1)Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses—E+W

(a)incurred in connection with the birth of the child or in maintaining the child; and

(b)reasonably incurred before the making of the order,

to be met.

F42(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent.

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments.

(6)Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying—

(a)the number of instalments payable;

(b)the amount of any instalment payable;

(c)the date on which any instalment becomes payable.

[F44(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.]

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Amendments (Textual)

F42Sch. 1 para. 5(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 114; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F43Sch. 1 para. 5(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 114; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I5Sch. 1 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Variation etc. of orders for periodical paymentsE+W

6(1)In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order.E+W

(2)The power of the court under paragraph 1 or 2 to vary an order for the making or securing of periodical payments shall include power to suspend any provision of the order temporarily and to revive any provision so suspended.

(3)Where on an application under paragraph 1 or 2 for the variation or discharge of an order for the making or securing of periodical payments the court varies the payments required to be made under that order, the court may provide that the payments as so varied shall be made from such date as the court may specify, [F45except that, subject to sub-paragraph (9), the date shall not be] earlier than the date of the making of the application.

(4)An application for the variation of an order made under paragraph 1 for the making or securing of periodical payments to or for the benefit of a child may, if the child has reached the age of sixteen, be made by the child himself.

(5)Where an order for the making or securing of periodical payments made under paragraph 1 ceases to have effect on the date on which the child reaches the age of sixteen, or at any time after that date but before or on the date on which he reaches the age of eighteen, the child may apply to the court which made the order for an order for its revival.

(6)If on such an application it appears to the court that—

(a)the child is, will be or (if an order were made under this sub-paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(b)there are special circumstances which justify the making of an order under this paragraph,

the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

(7)Any order which is revived by an order under sub-paragraph (5) may be varied or discharged under that provision, on the application of any person by whom or to whom payments are required to be made under the revived order.

(8)An order for the making or securing of periodical payments made under paragraph 1 may be varied or discharged, after the death of either parent, on the application of a guardian or [F46 special guardian ]of the child concerned.

[F47(9)Where—

(a)an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

(b)the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them;

(c)a [F48maintenance calculation]] (“ [F49the calculation]") is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and

(d)an application is made, before the end of the period of 6 months beginning with the date on which [F49the calculation] was made, for the variation or discharge of the order,

the court may, in exercise of its powers under paragraph 1 to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which [F49the calculation] took effect or any later date.

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Amendments (Textual)

F45Words in Sch. 1 para. 6(3) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 12

F48Words in Sch. 1 para. 6(9)(c) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(3)(b) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

F49Words in Sch. 1 para. 6(9) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(3)(a) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

Commencement Information

I6Sch. 1 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F50Variation of orders for periodical payments etc. made by magistrates’ courtsE+W

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Amendments (Textual)

F51 6A (1)Subject to [F52sub-paragraph (7) ], the power of [F53the family] court—E+W

(a)under paragraph 1 or 2 to vary an order for the making of periodical payments, or

(b)under paragraph 5(6) to vary an order for the payment of a lump sum by instalments,

shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under [F54section 1(4) and (4A) of the Maintenance Enforcement Act 1991 ].

F55( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F56Subsection (6) of section 1 of the Maintenance Enforcement Act 1991] (power of court to order that account be opened) shall apply for the purposes of [F57sub-paragraph (1)] as it applies for the purposes of that section.

(7)Before varying the order by exercising one of its powers under [F58section 1(4) and (4A) of the Maintenance Enforcement Act 1991 ], the court shall have regard to any representations made by the parties to the application.

F59( 8 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) None of the powers of the court F60 ... , conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, [F61 unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales. ]

F62( 10 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F51 Sch. 1 para. 6A inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3) , s. 6 ; S.I. 1992/455 , art. 2 .

F52 Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(2)(b) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F53 Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(2)(a) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F54 Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(3) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F55 Sch. 1 paras. 6A(2)-(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(4) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )]

F56 Words in Sch. 1 para. 6A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(5)(a) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F57 Words in Sch. 1 para. 6A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(5)(b) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F58 Words in Sch. 1 para. 6A(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(3) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F59 Sch. 1 para. 6A(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(6) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F60 Words in Sch. 1 para. 6A(9) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(7)(a) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F61 Words in Sch. 1 para. 6A(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(7)(b) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F62 Sch. 1 para. 6A(10) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(4) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

Modifications etc. (not altering text)

C1 Sch. 1 para. 6A excluded by 1972 c. 18 , s. 34A(1) (as inserted (1.4.1992) by 1991 c. 17 , Sch. 1 para. 19(2) ; S.I. 1992/455 , art. 2 )

Variation of orders for secured periodical payments after death of parentE+W

7(1)Where the parent liable to make payments under a secured periodical payments order has died, the persons who may apply for the variation or discharge of the order shall include the personal representatives of the deceased parent.E+W

(2)No application for the variation of the order shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that parent is first taken out.

(3)The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the end of the period of six months referred to in sub-paragraph (2) on the ground that they ought to have taken into account the possibility that the court might permit an application for variation to be made after that period by the person entitled to payments under the order.

(4)Sub-paragraph (3) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the variation of an order in accordance with this paragraph.

(5)Where an application to vary a secured periodical payments order is made after the death of the parent liable to make payments under the order, the circumstances to which the court is required to have regard under paragraph 6(1) shall include the changed circumstances resulting from the death of the parent.

[F63(6)The following are to be left out of account when considering for the purposes of sub-paragraph (2) when representation was first taken out—

(a)a grant limited to settled land or to trust property,

(b)any other grant that does not permit any of the estate to be distributed,

(c)a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

(d)a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (6A)).

(6A)A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (6), but is to be taken as dated on the date of sealing.]

(7)In this paragraph “secured periodical payments order” means an order for secured periodical payments under paragraph 1(2)(b).

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Amendments (Textual)

Commencement Information

I7Sch. 1 para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Financial relief under other enactmentsE+W

8(1)This paragraph applies where a [F64 child arrangements order to which sub-paragraph (1A) applies] [F65or a special guardianship order] is made with respect to a child at a time when there is in force an order (“the financial relief order") made under any enactment other than this Act and requiring a person to contribute to the child’s maintenance.E+W

[F66(1A)This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(2)Where this paragraph applies, the court may, on the application of—

(a)any person required by the financial relief order to contribute to the child’s maintenance; or

(b)any person [F67who is named in a child arrangements order as a person with whom the child is to live or] in whose favour F68... [F65 a special guardianship order] with respect to the child is in force,

make an order revoking the financial relief order, or varying it by altering the amount of any sum payable under that order or by substituting the applicant for the person to whom any such sum is otherwise payable under that order.

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Amendments (Textual)

F64Words in Sch. 1 para. 8(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F65Words in Sch. 1 para. 8(1)(2)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F66Sch. 1 para. 8(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F67Words in Sch. 1 para. 8(2)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(c)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F68Words in Sch. 1 para. 8(2)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(c)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I8Sch. 1 para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Interim ordersE+W

9(1)Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order—E+W

(a)requiring either or both parents to make such periodical payments, at such times and for such term as the court thinks fit; and

(b)giving any direction which the court thinks fit.

(2)An interim order made under this paragraph may provide for payments to be made from such date as the court may specify [F69except that, subject to paragraph 3(5) and (6), the date shall not be] earlier than the date of the making of the application under paragraph 1 or 2.

(3)An interim order made under this paragraph shall cease to have effect when the application is disposed of or, if earlier, on the date specified for the purposes of this paragraph in the interim order.

(4)An interim order in which a date has been specified for the purposes of sub-paragraph (3) may be varied by substituting a later date.

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Amendments (Textual)

F69Words in Sch. 1 para. 9(2) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.14

Commencement Information

I9Sch. 1 para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Alteration of maintenance agreementsE+W

10(1)In this paragraph and in paragraph 11 “maintenance agreement” means any agreement in writing made with respect to a child, whether before or after the commencement of this paragraph, which—E+W

(a)is or was made between the father and mother of the child; and

(b)contains provision with respect to the making or securing of payments, or the disposition or use of any property, for the maintenance or education of the child,

and any such provisions are in this paragraph, and paragraph 11, referred to as “financial arrangements”.

(2)[F70Subject to sub-paragraph (2A), where] a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then, either party may apply to the court for an order under this paragraph.

[F71(2A)If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—

(a)the requirement as to domicile or residence in sub-paragraph (2) does not apply to the application or that part of it, but

(b)the court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.

(2B) In sub-paragraph (2A), “the Maintenance Regulation ” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark. ]

(3)If the court to which the application is made is satisfied either—

(a)that, by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different financial arrangements; or

(b)that the agreement does not contain proper financial arrangements with respect to the child,

then that court may by order make such alterations in the agreement by varying or revoking any financial arrangements contained in it as may appear to it to be just having regard to all the circumstances.

(4)If the maintenance agreement is altered by an order under this paragraph, the agreement shall have effect thereafter as if the alteration had been made by agreement between the parties and for valuable consideration.

(5)Where a court decides to make an order under this paragraph altering the maintenance agreement—

(a)by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the child; or

(b)by increasing the rate of periodical payments required to be made or secured by one of the parties for the maintenance of the child,

then, in deciding the term for which under the agreement as altered by the order the payments or (as the case may be) the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of sub-paragraphs (1) and (2) of paragraph 3 as if the order were an order under paragraph 1(2)(a) or (b).

F72(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the avoidance of doubt it is hereby declared that nothing in this paragraph affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.

[F73(8)In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the reference in sub-paragraph (1)(a) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.]

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Amendments (Textual)

F72Sch. 1 para. 10(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 116; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I10Sch. 1 para 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

11(1)Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may apply to the High Court or [F74the family court] for an order under paragraph 10.E+W

(2)If a maintenance agreement is altered by a court on an application under this paragraph, the agreement shall have effect thereafter as if the alteration had been made, immediately before the death, by agreement between the parties and for valuable consideration.

(3)An application under this paragraph shall not, except with leave of the High Court or [F75the family court], be made after the end of the period of six months beginning with the day on which representation in regard to the estate of the deceased is first taken out.

[F76(4)The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out—

(a)a grant limited to settled land or to trust property,

(b)any other grant that does not permit any of the estate to be distributed,

(c)a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

(d)a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (4A)).

(4A)A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing.]

F77(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The provisions of this paragraph shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiry of the period of six months referred to in sub-paragraph (3) on the ground that they ought to have taken into account the possibility that a court might grant leave for an application by virtue of this paragraph to be made by the surviving party after that period.

(7)Sub-paragraph (6) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.

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Amendments (Textual)

F74Words in Sch. 1 para. 11(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F75Words in Sch. 1 para. 11(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F77Sch. 1 para. 11(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I11Sch. 1 para 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Enforcement of orders for maintenanceE+W

12(1)Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by [F78the family court] under this Act shall give notice of any change of address to such person (if any) as may be specified in the order.E+W

(2)Any person failing without reasonable excuse to give such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

F79(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F78Words in Sch. 1 para. 12(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 118(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F79Sch. 1 para. 12(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 118(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I12Sch. 1 para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Direction for settlement of instrument by conveyancing counselE+W

13Where the High Court or [F80the family court] decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of property, it may direct that the matter be referred to one of the conveyancing counsel of the court to settle a proper instrument to be executed by all necessary parties.E+W

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Amendments (Textual)

F80Words in Sch. 1 para. 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 119; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I13Sch. 1 para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F81Jurisdiction in relation to matters relating to maintenance]E+W

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Amendments (Textual)

[F8214(1)If an application under paragraph 1 or 2, or part of such an application, relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.E+W

(2) In sub-paragraph (1), “the Maintenance Regulation ” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark. ]

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Amendments (Textual)

Local authority contribution to child’s maintenanceE+W

15(1)Where a child lives, or is to live, with a person as the result of a [F83child arrangements order], a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child.E+W

(2)Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife [F84or civil partner] of a parent of the child.

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Amendments (Textual)

F83Words in Sch. 1 para. 15 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F84Words in Sch. 1 para. 15(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 78(3); S.I. 2005/3175, art. 2(1), Sch. 1

Commencement Information

I14Sch. 1 para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

InterpretationE+W

16(1)In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.E+W

[F85(2)In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a)any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b)any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.]

[F86(3)In this Schedule, “ [F87maintenance calculation]]" has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.

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Amendments (Textual)

F87Words in Sch. 1 para. 16(3) substituted (3.3.2003 for specified purposes and otherwise prosp.) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(4) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.

Commencement Information

I15Sch. 1 para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Sections 17, 23 and 29.

SCHEDULE 2E+W+S+N.I.[F88SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND]

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Amendments (Textual)

Modifications etc. (not altering text)

C2Sch. 2 modified (temp.) (12.2.2009 for E. and 31.3.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(3), 44, Sch. 2 para. 2; S.I. 2009/268, art. 3(1)(b); S.I. 2010/749, art. 2(a)

Commencement Information

I16Sch. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F89Application to local authorities in EnglandE+W+S+N.I.

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Amendments (Textual)

A1.(1)This Schedule applies only in relation to local authorities in England.E+W+S+N.I.

(2)Accordingly, unless the contrary intention appears, a reference in this Schedule to a local authority means a local authority in England.]

Part IE+WProvision of Services for Families

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Commencement Information

I17Sch. 2 Part I wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Identification of children in need and provision of informationE+W

1(1)Every local authority shall take reasonable steps to identify the extent to which there are children in need within their area.E+W

(2)Every local authority shall—

(a)publish information—

(i)about services provided by them under sections 17, 18, [F9020, 23B to 23D, 24A and 24B]; and

(ii)where they consider it appropriate, about the provision by others (including, in particular, voluntary organisations) of services which the authority have power to provide under those sections; and

(b)take such steps as are reasonably practicable to ensure that those who might benefit from the services receive the information relevant to them.

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Amendments (Textual)

F90Words in Sch. 2 Pt. I para. 1(2)(a)(i) substituted (1.10.2001) by 2000 c. 35, s. 7(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

Commencement Information

I18Sch. 2 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F91Children’s services plansE+W

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Amendments (Textual)

F91Sch. 2 para. 1A and cross heading inserted (1.4.1996) by S.I. 1996/785, art. 2

1AF92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] E+W

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Amendments (Textual)

F92Sch. 2 para. 1A repealed (1.3.2005 for E. and 31.7.2008 for W.) by Children Act 2004 (c. 31), s. 64, Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2008/1904, art. 2(b)

Maintenance of a register of disabled childrenE+W

2(1)Every local authority shall open and maintain a register of disabled children within their area.E+W

(2)The register may be kept by means of a computer.

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Commencement Information

I19Sch. 2 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Assessment of children’s needsE+W

3Where it appears to a local authority that a child within their area is in need, the authority may assess his needs for the purposes of this Act at the same time as any assessment of his needs is made under—E+W

(a)the M4Chronically Sick and Disabled Persons Act 1970;

(b)[F93Part IV of the Education Act 1996];

[F94(ba)Part 3 of the Children and Families Act 2014;]

(c)the M5Disabled Persons (Services, Consultation and Representation) Act 1986; or

(d)any other enactment.

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Amendments (Textual)

F93Words in Sch. 2 para. 3(b) substituted (1.11.1996) by 1996 c. 56, ss. 1(4), 582(1), 583(2), Sch. 37, para. 92

Commencement Information

I20Sch. 2 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Prevention of neglect and abuseE+W

4(1)Every local authority shall take reasonable steps, through the provision of services under Part III of this Act, to prevent children within their area suffering ill-treatment or neglect.E+W

(2)Where a local authority believe that a child who is at any time within their area—

(a)is likely to suffer harm; but

(b)lives or proposes to live in the area of another local authority [F95or in the area of a local authority in Wales]

they shall inform that other local authority [F96or the local authority in Wales, as the case may be].

(3)When informing that other local authority [F97or the local authority in Wales] they shall specify—

(a)the harm that they believe he is likely to suffer; and

(b)(if they can) where the child lives or proposes to live.

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Amendments (Textual)

Commencement Information

I21Sch. 2 Pt. I para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Provision of accommodation in order to protect childE+W

5(1)Where—E+W

(a)it appears to a local authority that a child who is living on particular premises is suffering, or is likely to suffer, ill treatment at the hands of another person who is living on those premises; and

(b)that other person proposes to move from the premises,

the authority may assist that other person to obtain alternative accommodation.

(2)Assistance given under this paragraph may be in cash.

(3)Subsections (7) to (9) of section 17 shall apply in relation to assistance given under this paragraph as they apply in relation to assistance given under that section.

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Commencement Information

I22Sch. 2 Pt. I para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Provision for disabled childrenE+W

6[F98(1)]Every local authority shall provide services designed—E+W

(a)to minimise the effect on disabled children within their area of their disabilities; F99...

(b)to give such children the opportunity to lead lives which are as normal as possible [F100; and

(c)to assist individuals who provide care for such children to continue to do so, or to do so more effectively, by giving them breaks from caring.]

[F101(2)The duty imposed by sub-paragraph (1)(c) shall be performed in accordance with regulations made by the [F102Secretary of State].]

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Amendments (Textual)

F98Sch. 2 para. 6(1): Sch. 2 para. 6 renumbered as Sch. 2 para. 6(1) (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 25(2), 44(4); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)

F99Word in Sch. 2 para. 6(1) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 4; S.I. 2010/2981, art. 4(l); S.I. 2012/1553, art. 2(e)

F100Sch. 2 para. 6(1)(c) and word inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 25(3), 44(4); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)

F101Sch. 2 para. 6(2) inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. in so far as not already in force, 19.6.2012 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 25(4), 44(4); S.I. 2009/2273, art. 2(2)(h); S.I. 2010/1329, art. 2(j); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)

Commencement Information

I23Sch. 2 Pt. I para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Provision to reduce need for care proceedings etc.E+W

7Every local authority shall take reasonable steps designed—E+W

(a)to reduce the need to bring—

(i)proceedings for care or supervision orders with respect to children within their area;

(ii)criminal proceedings against such children;

(iii)any family or other proceedings with respect to such children which might lead to them being placed in the authority’s care; or

(iv)proceedings under the inherent jurisdiction of the High Court with respect to children;

(b)to encourage children within their area not to commit criminal offences; and

(c)to avoid the need for children within their area to be placed in secure accommodation [F103within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014].

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Amendments (Textual)

Commencement Information

I24Sch. 2 Pt. I para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Provision for children living with their familiesE+W

8Every local authority shall make such provision as they consider appropriate for the following services to be available with respect to children in need within their area while they are living with their families—E+W

(a)advice, guidance and counselling;

(b)occupational, social, cultural or recreational activities;

(c)home help (which may include laundry facilities);

(d)facilities for, or assistance with, travelling to and from home for the purpose of taking advantage of any other service provided under this Act or of any similar service;

(e)assistance to enable the child concerned and his family to have a holiday.

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Commencement Information

I25Sch. 2 Pt. I para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F104Provision for accommodated childrenE+W

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Amendments (Textual)

F104Sch. 2 para. 8A and cross-heading inserted (28.3.2011 for W., 1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 19, 44; S.I. 2010/2981, art. 4(f); S.I. 2011/949, art. 3(1)(b)

8A(1)Every local authority shall make provision for such services as they consider appropriate to be available with respect to accommodated children.E+W

(2)“Accommodated children” are those children in respect of whose accommodation the local authority have been notified under section 85 or 86 [F105or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)].

(3)The services shall be provided with a view to promoting contact between each accommodated child and that child's family.

(4)The services may, in particular, include—

(a)advice, guidance and counselling;

(b)services necessary to enable the child to visit, or to be visited by, members of the family;

(c)assistance to enable the child and members of the family to have a holiday together.

(5)Nothing in this paragraph affects the duty imposed by paragraph 10.]

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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)

Family centresE+W

9(1)Every local authority shall provide such family centres as they consider appropriate in relation to children within their area.E+W

(2)Family centre” means a centre at which any of the persons mentioned in sub-paragraph (3) may—

(a)attend for occupational, social, cultural or recreational activities;

(b)attend for advice, guidance or counselling; or

(c)be provided with accommodation while he is receiving advice, guidance or counselling.

(3)The persons are—

(a)a child;

(b)his parents;

(c)any person who is not a parent of his but who has parental responsibility for him;

(d)any other person who is looking after him.

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Commencement Information

I26Sch. 2 Pt. I para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Maintenance of the family homeE+W

10Every local authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after is living apart from his family—E+W

(a)to enable him to live with his family; or

(b)to promote contact between him and his family,

if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare.

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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.

Commencement Information

I27Sch. 2 Pt. I para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Duty to consider racial groups to which children in need belongE+W

11Every local authority shall, in making any arrangements—E+W

(a)for the provision of day care within their area; or

(b)designed to encourage persons to act as local authority foster parents,

have regard to the different racial groups to which children within their area who are in need belong.

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Commencement Information

I28Sch. 2 Pt. I para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part IIE+W Children Looked After By Local Authorities [F106in England]

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Amendments (Textual)

Regulations as to placing of children with local authority foster parentsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations as to arrangements under section 23(2)(f)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations as to conditions under which child in care is allowed to live with parent, etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F111 Regulations as to conditions under which child in care is allowed to live with parent, etc E+W

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Amendments (Textual)

F111Sch. 2 paras. 12A-12G substituted (1.9.2009 for E. and otherwise prosp.) for Sch. 2 paras. 12-14 by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4; S.I. 2009/2273, art. 2(2)(b)

12ARegulations under section 22C may, in particular, impose requirements on a local authority as to—E+W

(a)the making of any decision by a local authority to allow a child in their care to live with any person falling within section 22C(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made);

(b)the supervision or medical examination of the child concerned;

(c)the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom the child has been allowed to live;

(d)the records to be kept by local authorities.

Regulations as to placements of a kind specified in section 22C(6)(d)E+W

12BRegulations under section 22C as to placements of the kind specified in section 22C(6)(d) may, in particular, make provision as to—E+W

(a)the persons to be notified of any proposed arrangements;

(b)the opportunities such persons are to have to make representations in relation to the arrangements proposed;

(c)the persons to be notified of any proposed changes in arrangements;

(d)the records to be kept by local authorities;

(e)the supervision by local authorities of any arrangements made.

Placements out of areaE+W

12CRegulations under section 22C may, in particular, impose requirements which a local authority must comply with—E+W

(a)before a child looked after by them is provided with accommodation at a place outside the area of the authority; or

(b)if the child's welfare requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be prescribed.

Avoidance of disruption in educationE+W

12D(1)Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a child's placement if he is in the fourth key stage.E+W

(2)A child is “in the fourth key stage” if he is a pupil in the fourth key stage for the purposes of Part 6 or 7 of the Education 2002 (see section 82 and 103 of that Act).

Regulations as to placing of children with local authority foster parentsE+W

12ERegulations under section 22C may, in particular, make provision—E+W

(a)with regard to the welfare of children placed with local authority foster parents;

(b)as to the arrangements to be made by local authorities in connection with the health and education of such children;

(c)as to the records to be kept by local authorities;

(d)for securing that where possible the local authority foster parent with whom a child is to be placed is—

(i)of the same religious persuasion as the child; or

(ii)gives an undertaking that the child will be brought up in that religious persuasion;

(e)for securing the children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it.

12F(1)Regulations under section 22C may, in particular, also make provision—E+W

(a)for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed [F112in regulations made by the Secretary of State];

(b)establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the [F113Secretary of State] for a review of that determination by a panel constituted by [F114the Secretary of State].

(2)A determination is a qualifying determination if—

(a)it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent; and

(b)it is of a prescribed description.

(3)Regulations made by virtue of sub-paragraph (1)(b) may include provision as to—

(a)the duties and powers of a panel;

(b)the administration and procedures of a panel;

(c)the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment);

(d)the payment of fees to members of a panel;

(e)the duties of any person in connection with a review conducted under the regulations;

(f)the monitoring of any such reviews.

(4)Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the [F115Secretary of State] such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.

(5)The [F116Secretary of State] must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions.

(6)The [F117Secretary of State] may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf.

(7)If the [F118Secretary of State] makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority.

(8)The arrangement may include provision for payments to be made to the organisation by the [F119Secretary of State].

(9)Payments made by the [F120Secretary of State] in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions.

F121( 10 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In this paragraph—

  • financial year ” means a period of twelve months ending with 31st March;

  • independent review function ” means a function conferred or imposed on a national authority by regulations made by virtue of sub-paragraph (1)(b);

  • organisation ” includes [F122the Welsh Ministers,] a public body and a private or voluntary organisation.

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Amendments (Textual)

12GRegulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged on their behalf.]E+W

Promotion and maintenance of contact between child and familyE+W

15(1)Where a child is being looked after by a local authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and—E+W

(a)his parents;

(b)any person who is not a parent of his but who has parental responsibility for him; and

(c)any relative, friend or other person connected with him.

(2)Where a child is being looked after by a local authority—

(a)the authority shall take such steps as are reasonably practicable to secure that—

(i)his parents; and

(ii)any person who is not a parent of his but who has parental responsibility for him,

are kept informed of where he is being accommodated; and

(b)every such person shall secure that the authority are kept informed of his or her address.

(3)Where a local authority (“the receiving authority") take over the provision of accommodation for a child from another local authority [F123or a local authority in Wales] (“the transferring authority") under section 20(2)—

(a)the receiving authority shall (where reasonably practicable) inform—

(i)the child’s parents; and

(ii)any person who is not a parent of his but who has parental responsibility for him;

(b)sub-paragraph (2)(a) shall apply to the transferring authority, as well as the receiving authority, until at least one such person has been informed of the change; and

(c)sub-paragraph (2)(b) shall not require any person to inform the receiving authority of his address until he has been so informed.

(4)Nothing in this paragraph requires a local authority to inform any person of the whereabouts of a child if—

(a)the child is in the care of the authority; and

(b)the authority has reasonable cause to believe that informing the person would prejudice the child’s welfare.

(5)Any person who fails (without reasonable excuse) to comply with sub-paragraph (2)(b) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)It shall be a defence in any proceedings under sub-paragraph (5) to prove that the defendant was residing at the same address as another person who was the child’s parent or had parental responsibility for the child and had reasonable cause to believe that the other person had informed the appropriate authority that both of them were residing at that address.

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Amendments (Textual)

Modifications etc. (not altering text)

C4Sch. 2 para. 15: power to apply with modifications or exclude conferred (7.2.2004 (W.) and 7.12.2004 (E.)) by 2002 c. 38, ss. 53(1)(2), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2(1)(h); S.I. 2004/252, art. 2

Commencement Information

I32Sch. 2 Pt. II para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Visits to or by children: expensesE+W

16(1)This paragraph applies where—E+W

(a)a child is being looked after by a local authority; and

(b)the conditions mentioned in sub-paragraph (3) are satisfied.

(2)The authority may—

(a)make payments to—

(i)a parent of the child;

(ii)any person who is not a parent of his but who has parental responsibility for him; or

(iii)any relative, friend or other person connected with him,

in respect of travelling, subsistence or other expenses incurred by that person in visiting the child; or

(b)make payments to the child, or to any person on his behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in his visiting—

(i)a parent of his;

(ii)any person who is not a parent of his but who has parental responsibility for him; or

(iii)any relative, friend or other person connected with him.

(3)The conditions are that—

(a)it appears to the authority that the visit in question could not otherwise be made without undue financial hardship; and

(b)the circumstances warrant the making of the payments.

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Commencement Information

I33Sch. 2 Pt. II para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Appointment of visitor for child who is not being visitedE+W

F12417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F124Sch. 2 para. 17 repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 16(2), 44(4), Sch. 4; S.I. 2010/2981, art. 4(e)(l); S.I. 2016/452, art. 2(d)

Power to guarantee apprenticeship deeds etc.E+W

18(1)While a child is being looked after by a local authority, or is a person qualifying for advice and assistance, the authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship which he enters into.E+W

(2)Where a local authority have undertaken any such obligation under any deed or articles they may at any time (whether or not they are still looking after the person concerned) undertake the like obligation under any supplemental deed or articles.

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Commencement Information

I34Sch. 2 Pt. II para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Arrangements to assist children to live abroadE+W

19(1)A local authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the court.E+W

(2)A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by them to live outside England and Wales.

(3)The court shall not give its approval under sub-paragraph (1) unless it is satisfied that—

(a)living outside England and Wales would be in the child’s best interests;

(b)suitable arrangements have been, or will be, made for his reception and welfare in the country in which he will live;

(c)the child has consented to living in that country; and

(d)every person who has parental responsibility for the child has consented to his living in that country.

(4)Where the court is satisfied that the child does not have sufficient understanding to give or withhold his consent, it may disregard sub-paragraph (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, [F125special guardian,] or other suitable person.

(5)Where a person whose consent is required by sub-paragraph (3)(d) fails to give his consent, the court may disregard that provision and give its approval if it is satisfied that that person—

(a)cannot be found;

(b)is incapable of consenting; or

(c)is withholding his consent unreasonably.

(6)[F126Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom)] shall not apply in the case of any child who is to live outside England and Wales with the approval of the court given under this paragraph.

(7)Where a court decides to give its approval under this paragraph it may order that its decision is not to have effect during the appeal period.

(8)In sub-paragraph (7) “the appeal period” means—

(a)where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal; and

(b)otherwise, the period during which an appeal may be made against the decision.

[F127(9)This paragraph does not apply to a local authority placing a child for adoption with prospective adopters.]

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Amendments (Textual)

F125Words in Sch. 2 para. 19(4) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 72(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F126Words in Sch. 2 para. 19(6) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 72 (b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F127Sch. 2 para. 19(9) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 72(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

Commencement Information

I35Sch. 2 Pt. II para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F128 Preparation for ceasing to be looked afterE+W

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Amendments (Textual)

F128Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F129 19A It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him.E+W

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Amendments (Textual)

F129Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F130 19B (1)A local authority shall have the following additional functions in relation to an eligible child whom they are looking after.E+W

( 2 ) In sub-paragraph (1) “ eligible child ” means, subject to sub-paragraph (3), a child who—

(a)is aged sixteen or seventeen; and

(b)has been looked after by a local authority [F131or by a local authority in Wales] for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of sixteen.

(3)The [F132Secretary of State] may prescribe—

(a)additional categories of eligible children; and

(b)categories of children who are not to be eligible children despite falling within sub-paragraph (2).

(4)For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act—

(a)while they are still looking after him; and

(b)after they cease to look after him,

and shall then prepare a pathway plan for him.

(5)The local authority shall keep the pathway plan under regular review.

(6)Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26.

(7)The [F133Secretary of State] may by regulations make provision as to assessments for the purposes of sub-paragraph (4).

(8)The regulations may in particular provide for the matters set out in section 23B(6).

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Amendments (Textual)

F130Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

Modifications etc. (not altering text)

C6Sch. 2 pt. II para. 19B(2) restricted (W.) (1.10.2001) by S.I. 2001/2189, reg. 3(2)

[F134Preparation for ceasing to be looked after: staying put arrangementsE+W

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Amendments (Textual)

F134 S. 19BA and cross-heading inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 98(3), 139(6); S.I. 2014/889, art. 5(e)

19BA(1)This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority F135... with a local authority foster parent.E+W

(2)When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her.

(3)The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if—

(a)the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and

(b)the eligible child and the local authority foster parent wish to make a staying put arrangement.

(4) In this paragraph, “ staying put arrangement ” has the meaning given by section 23CZA. ]

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Amendments (Textual)

F136 19C A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser.]E+W

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Amendments (Textual)

F136Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

Death of children being looked after by local authoritiesE+W

20(1)If a child who is being looked after by a local authority dies, the authority—E+W

[F137(a)shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;]

(b)shall, so far as is reasonably practicable, notify the child’s parents and every person who is not a parent of his but who has parental responsibility for him;

(c)may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child’s body to be buried or cremated; and

(d)may, if the conditions mentioned in sub-paragraph (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child’s funeral.

(2)The conditions are that—

(a)it appears to the authority that the person concerned could not otherwise attend the child’s funeral without undue financial hardship; and

(b)that the circumstances warrant the making of the payments.

(3)Sub-paragraph (1) does not authorise cremation where it does not accord with the practice of the child’s religious persuasion.

(4)Where a local authority have exercised their power under sub-paragraph (1)(c) with respect to a child who was under sixteen when he died, they may recover from any parent of the child any expenses incurred by them.

(5)Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt.

(6)Nothing in this paragraph affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person.

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Amendments (Textual)

Commencement Information

I36Sch. 2 Pt. II para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part IIIE+W+S+N.I. Contributions Towards Maintenance of Children Looked After by Local Authorities [F138in England]

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Amendments (Textual)

Modifications etc. (not altering text)

C7Sch. 2 Pt. III modified (30.12.2005) by 2002 c. 38, ss. 53(4)-(6), 148 (with Sch. 4 paras. 1, 6-8); S.I 2005/2213, {art. 2(c)}

Liability to contributeE+W

21(1)Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor").E+W

(2)An authority may only recover contributions from a contributor if they consider it reasonable to do so.

(3)The persons liable to contribute are—

(a)where the child is under sixteen, each of his parents;

(b)where he has reached the age of sixteen, the child himself.

(4)A parent is not liable to contribute during any period when he is in receipt [F139 of universal credit (except in such circumstances as may be prescribed), ] of income support [F140under][F141Part VII of the Social Security Contributions and Benefits Act 1992,][F142 of any element of child tax credit other than the family element, of working tax credit][F143[F144, of an income-based jobseeker's allowance or of an income-related employment and support allowance]].

(5)A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is F145[living with, under arrangements made by the authority in accordance with section 22C], a parent of his.

(6)A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule.

(7)The cases are where the child is looked after by a local authority under—

(a)section 21;

(b)an interim care order;

(c)[F146section 92 of the Powers of Criminal Courts (Sentencing) Act 2000].

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Amendments (Textual)

F139Words in Sch. 2 para. 21(4) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(d); S.I. 2013/983, art. 3(1)(b)(i)

F140Words in Sch. 2 para. 21(4) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional savings and provisions in arts. 3 and 4)

F141Words in Sch. 2 Pt. III para. 21(4) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(c)

F142Words in Sch. 2 para. 21(4) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional provisions and savings in arts. 3 and 4)

F143Words in Sch. 2 para. 21(4) added (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(5); S.I. 1996/2208, art. 2

F144Words in Sch. 2 para. 21(4) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(6); S.I. 2008/787, art. 2(4)(f)

F145Words in Sch. 2 para. 21(5) 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. 5; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F146Words in Sch. 2 Pt. III para. 21(7)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 130

Modifications etc. (not altering text)

C8Sch. 2 para. 21: power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(2)(b), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

Commencement Information

I37Sch. 2 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Agreed contributionsE+W

22(1)Contributions towards a child’s maintenance may only be recovered if the local authority have served a notice (“a contribution notice") on the contributor specifying—E+W

(a)the weekly sum which they consider that he should contribute; and

(b)arrangements for payment.

(2)The contribution notice must be in writing and dated.

(3)Arrangements for payment shall, in particular, include—

(a)the date on which liability to contribute begins (which must not be earlier than the date of the notice);

(b)the date on which liability under the notice will end (if the child has not before that date ceased to be looked after by the authority); and

(c)the date on which the first payment is to be made.

(4)The authority may specify in a contribution notice a weekly sum which is a standard contribution determined by them for all children looked after by them.

(5)The authority may not specify in a contribution notice a weekly sum greater than that which they consider—

(a)they would normally be prepared to pay if they had placed a similar child with local authority foster parents; and

(b)it is reasonably practicable for the contributor to pay (having regard to his means).

(6)An authority may at any time withdraw a contribution notice (without prejudice to their power to serve another).

(7)Where the authority and the contributor agree—

(a)the sum which the contributor is to contribute; and

(b)arrangements for payment,

(whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he so agrees, the authority may recover summarily as a civil debt any contribution which is overdue and unpaid.

(8)A contributor may, by serving a notice in writing on the authority, withdraw his agreement in relation to any period of liability falling after the date of service of the notice.

(9)Sub-paragraph (7) is without prejudice to any other method of recovery.

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Commencement Information

I38Sch. 2 Pt. III para. 22 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Contribution ordersE+W

23(1)Where a contributor has been served with a contribution notice and has—E+W

(a)failed to reach any agreement with the local authority as mentioned in paragraph 22(7) within the period of one month beginning with the day on which the contribution notice was served; or

(b)served a notice under paragraph 22(8) withdrawing his agreement,

the authority may apply to the court for an order under this paragraph.

(2)On such an application the court may make an order (“a contribution order") requiring the contributor to contribute a weekly sum towards the child’s maintenance in accordance with arrangements for payment specified by the court.

(3)A contribution order—

(a)shall not specify a weekly sum greater than that specified in the contribution notice; and

(b)shall be made with due regard to the contributor’s means.

(4)A contribution order shall not—

(a)take effect before the date specified in the contribution notice; or

(b)have effect while the contributor is not liable to contribute (by virtue of paragraph 21); or

(c)remain in force after the child has ceased to be looked after by the authority who obtained the order.

(5)An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which they have withdrawn.

(6)Where—

(a)a contribution order is in force;

(b)the authority serve another contribution notice; and

(c)the contributor and the authority reach an agreement under paragraph 22(7) in respect of that other contribution notice,

the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect.

(7)Where an agreement is reached under sub-paragraph (6) the authority shall notify the court—

(a)of the agreement; and

(b)of the date on which it took effect.

(8)A contribution order may be varied or revoked on the application of the contributor or the authority.

(9)In proceedings for the variation of a contribution order, the authority shall specify—

(a)the weekly sum which, having regard to paragraph 22, they propose that the contributor should contribute under the order as varied; and

(b)the proposed arrangements for payment.

(10)Where a contribution order is varied, the order—

(a)shall not specify a weekly sum greater than that specified by the authority in the proceedings for variation; and

(b)shall be made with due regard to the contributor’s means.

(11)An appeal shall lie in accordance with rules of court from any order made under this paragraph.

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Commencement Information

I39Sch. 2 Pt. III para. 23 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Enforcement of contribution orders etc.E+W+S+N.I.

24F147(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

(2)Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may—

(a)at the request of the local authority who served the contribution notice; and

(b)subject to agreement as to any sum to be deducted in respect of services rendered,

collect from the contributor any contributions due on behalf of the authority who served the notice.

(3)In sub-paragraph (2) the reference to any other local authority includes a reference to—

[F148(aa)a local authority in Wales;]

(a)a local authority within the meaning of section 1(2) of the M6Social Work (Scotland) Act 1968; and

(b)a Health and Social Services Board established under Article 16 of the M7Health and Personal Social Services (Northern Ireland) Order 1972.

(4)The power to collect sums under sub-paragraph (2) includes the power to—

(a)receive and give a discharge for any contributions due; and

(b)(if necessary) enforce payment of any contributions,

even though those contributions may have fallen due at a time when the contributor was living elsewhere.

(5)Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice.

(6)In any proceedings under this paragraph, a document which purports to be—

(a)a copy of an order made by a court under or by virtue of paragraph 23; and

(b)certified as a true copy by the [F149[F150designated officer for]] the court,

shall be evidence of the order.

(7)In any proceedings under this paragraph, a certificate which—

(a)purports to be signed by the clerk or some other duly authorised officer of the local authority who obtained the contribution order; and

(b)states that any sum due to the authority under the order is overdue and unpaid,

shall be evidence that the sum is overdue and unpaid.

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Amendments (Textual)

F147Sch. 2 para. 24(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 120; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F149Words in Sch. 2 para. 24(6) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 162 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F150Words in Sch. 2 para. 24(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 190(1), Sch. 8 para. 340; S.I. 2005/910, art. 3(y)

Commencement Information

I40Sch. 2 Pt. III para. 24 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

RegulationsE+W

25The [F151Secretary of State] may make regulations—E+W

(a)as to the considerations which a local authority must take into account in deciding—

(i)whether it is reasonable to recover contributions; and

(ii)what the arrangements for payment should be;

(b)as to the procedures [F152they] must follow in reaching agreements with—

(i)contributors (under paragraphs 22 and 23); and

[F153(ii)any other local authority under paragraph 24(2).]

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Amendments (Textual)

Commencement Information

I41Sch. 2 Pt. III para. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Sections 35 and 36.

SCHEDULE 3E+W Supervision Orders

Part IE+W General

Meaning of “responsible person"E+W

1In this Schedule, “the responsible person”, in relation to a supervised child, means—E+W

(a)any person who has parental responsibility for the child; and

(b)any other person with whom the child is living.

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Commencement Information

I42Sch. 3 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Power of supervisor to give directions to supervised childE+W

2(1)A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things—E+W

(a)to live at a place or places specified in the directions for a period or periods so specified;

(b)to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(c)to participate in activities specified in the directions on a day or days so specified.

(2)It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives.

(3)Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5).

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Commencement Information

I43Sch. 3 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Imposition of obligations on responsible personE+W

3(1)With the consent of any responsible person, a supervision order may include a requirement—E+W

(a)that he take all reasonable steps to ensure that the supervised child complies with any direction given by the supervisor under paragraph 2;

(b)that he take all reasonable steps to ensure that the supervised child complies with any requirement included in the order under paragraph 4 or 5;

(c)that he comply with any directions given by the supervisor requiring him to attend at a place specified in the directions for the purpose of taking part in activities so specified.

(2)A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him.

(3)A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s.

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Commencement Information

I44Sch. 3 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Psychiatric and medical examinationsE+W

4(1)A supervision order may require the supervised child—E+W

(a)to submit to a medical or psychiatric examination; or

(b)to submit to any such examination from time to time as directed by the supervisor.

(2)Any such examination shall be required to be conducted—

(a)by, or under the direction of, such registered medical practitioner as may be specified in the order;

(b)at a place specified in the order and at which the supervised child is to attend as a non-resident patient; or

(c)at—

(i)a health service hospital; or

(ii)in the case of a psychiatric examination, a hospital [F154, independent hospital or care home],

at which the supervised child is, or is to attend as, a resident patient.

(3)A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be included unless the court is satisfied, on the evidence of a registered medical practitioner, that—

(a)the child may be suffering from a physical or mental condition that requires, and may be susceptible to, treatment; and

(b)a period as a resident patient is necessary if the examination is to be carried out properly.

(4)No court shall include a requirement under this paragraph in a supervision order unless it is satisfied that—

(a)where the child has sufficient understanding to make an informed decision, he consents to its inclusion; and

(b)satisfactory arrangements have been, or can be, made for the examination.

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Amendments (Textual)

F154Words in Sch. 3 para. 4(2)(c)(ii) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(24); 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)

Commencement Information

I45Sch. 3 Pt. I para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Psychiatric and medical treatmentE+W

5(1)Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the M8Mental Health Act 1983, that the mental condition of the supervised child—E+W

(a)is such as requires, and may be susceptible to, treatment; but

(b)is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act,

the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

(2)The treatment specified in accordance with sub-paragraph (1) must be—

(a)by, or under the direction of, such registered medical practitioner as may be specified in the order;

(b)as a non-resident patient at such a place as may be so specified; or

(c)as a resident patient in a hospital [F155, independent hospital or care home].

(3)Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

(4)The treatment specified in accordance with sub-paragraph (3) must be—

(a)by, or under the direction of, such registered medical practitioner as may be specified in the order;

(b)as a non-resident patient at such place as may be so specified; or

(c)as a resident patient in a health service hospital.

(5)No court shall include a requirement under this paragraph in a supervision order unless it is satisfied—

(a)where the child has sufficient understanding to make an informed decision, that he consents to its inclusion; and

(b)that satisfactory arrangements have been, or can be, made for the treatment.

(6)If a medical practitioner by whom or under whose direction a supervised person is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that—

(a)the treatment should be continued beyond the period specified in the order;

(b)the supervised child needs different treatment;

(c)he is not susceptible to treatment; or

(d)he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor.

(7)On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement.

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Amendments (Textual)

F155Words in Sch. 3 para. 5(2)(c) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(24); 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)

Commencement Information

I46Sch. 3 Pt. I para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Part IIE+W Miscellaneous

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Commencement Information

I47Sch. 3 Pt. II wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Life of supervision orderE+W

6(1)Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made.E+W

(2)A supervision order shall also cease to have effect if an event mentioned in section 25(1)(a) or (b) of the M9Child Abduction and Custody Act 1985 (termination of existing orders) occurs with respect to the child.

(3)Where the supervisor applies to the court to extend, or further extend, a supervision order the court may extend the order for such period as it may specify.

(4)A supervision order may not be extended so as to run beyond the end of the period of three years beginning with the date on which it was made.

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Commencement Information

I48Sch. 3 Pt. II para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Limited life of directionsE+W

F1567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I49Sch. 3 Pt. II para. 7 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Information to be given to supervisor etc.E+W

8(1)A supervision order may require the supervised child—E+W

(a)to keep the supervisor informed of any change in his address; and

(b)to allow the supervisor to visit him at the place where he is living.

(2)The responsible person in relation to any child with respect to whom a supervision order is made shall—

(a)if asked by the supervisor, inform him of the child’s address (if it is known to him); and

(b)if he is living with the child, allow the supervisor reasonable contact with the child.

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Commencement Information

I50Sch. 3 Pt. II para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Selection of supervisorE+W

9(1)A supervision order shall not designate a local authority as the supervisor unless—E+W

(a)the authority agree; or

(b)the supervised child lives or will live within their area.

F157(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I51Sch. 3 Pt. II para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Effect of supervision order on earlier ordersE+W

10The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which—E+W

(a)was made with respect to that child; and

(b)would otherwise continue in force.

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Commencement Information

I52Sch. 3 Pt. II para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Local authority functions and expenditureE+W

11(1)The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their supervision by a supervision order.E+W

(2)Where a supervision order requires compliance with directions given by virtue of this section, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority designated in the order.

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Commencement Information

I53Sch. 3 Pt. II para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part IIIE+W Education supervision orders

Effect of ordersE+W

12(1)Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor—E+W

(a)to advise, assist and befriend, and give directions to—

(i)the supervised child; and

(ii)his parents,

in such a way as will, in the opinion of the supervisor, secure that he is properly educated;

(b)where any such directions given to—

(i)the supervised child; or

(ii)a parent of his,

have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Act.

(2)Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a)the child; and

(b)his parents,

including, in particular, their wishes as to the place at which the child should be educated.

(3)When settling the terms of any such directions, the supervisor shall give due consideration—

(a)having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and

(b)to such wishes and feelings of the child’s parents as he has been able to ascertain.

(4)Directions may be given under this paragraph at any time while the education supervision order is in force.

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Commencement Information

I54Sch. 3 Pt. III para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

13(1)Where an education supervision order is in force with respect to a child, the duties of the child’s parents under [F158sections 7 and 444 of the Education Act 1996 (duties to secure education of children and] to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.E+W

(2)Where an education supervision order is made with respect to a child—

(a)any school attendance order—

(i)made under [F159section 437 of the Education Act 1996] with respect to the child; and

(ii)in force immediately before the making of the education supervision order,

shall cease to have effect; and

(b)while the education supervision order remains in force, the following provisions shall not apply with respect to the child—

(i)[F160section 437] of that Act (school attendance orders);

(ii)[F161section 9 of that Act] (pupils to be educated in accordance with wishes of their parents);

(iii)[F162sections 411 and 423 of that Act] (parental preference and appeals against admission decisions);

[F163(c)a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);]

(d)any education requirement of a kind mentioned in paragraph (c), which was in force with respect to the child immediately before the making of the education supervision order, shall cease to have effect.

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Amendments (Textual)

F158Words in Sch. 3 Pt. III para. 13(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 93(2)(a)(with s. 1(4), Sch. 39 paras. 30, 39)

F159Words in Sch. 3 Pt. III para. 13(2)(a)(i) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 93(2)(b)(i)(with s. 1(4), Sch. 39 paras. 30, 39)

F160Words in Sch. 3 Pt. III para. 13(2)(b)(i) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 93(2)(b)(ii)(with s. 1(4), Sch. 39 paras. 30, 39)

F161Words in Sch. 3 Pt. III para. 13(2)(b)(ii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 para. 93(2)(b)(iii)(with s. 1(4), Sch. 39, paras. 30, 39)

F162Words in Sch. 3 Pt. III para. 13(2)(b)(iii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, para. 93(2)(b)(iv)(with s. 1(4), Sch. 39 paras. 30, 39)

Commencement Information

I55Sch. 3 Pt. III para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Effect where child also subject to supervision orderE+W

14(1)This paragraph applies where an education supervision order and a supervision order, or [F164youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)], are in force at the same time with respect to the same child.E+W

(2)Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction [F165or instruction] given under the other order.

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Amendments (Textual)

Commencement Information

I56Sch. 3 Pt. III para. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Duration of ordersE+W

15(1)An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.E+W

(2)An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force.

(3)Such an application may not be made earlier than three months before the date on which the order would otherwise expire.

(4)The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion.

(5)No one extension may be for a period of more than three years.

(6)An education supervision order shall cease to have effect on—

(a)the child’s ceasing to be of compulsory school age; or

(b)the making of a care order with respect to the child;

and sub-paragraphs (1) to (4) are subject to this sub-paragraph.

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Commencement Information

I57Sch. 3 Pt. III para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Information to be given to supervisor etc.E+W

16(1)An education supervision order may require the child—E+W

(a)to keep the supervisor informed of any change in his address; and

(b)to allow the supervisor to visit him at the place where he is living.

(2)A person who is the parent of a child with respect to whom an education supervision order has been made shall—

(a)if asked by the supervisor, inform him of the child’s address (if it is known to him); and

(b)if he is living with the child, allow the supervisor reasonable contact with the child.

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Commencement Information

I58Sch. 3 Pt. III para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Discharge of ordersE+W

17(1)The court may discharge any education supervision order on the application of—E+W

(a)the child concerned;

(b)a parent of his; or

(c)[F166the local authority designated in the order].

(2)On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child.

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Amendments (Textual)

Commencement Information

I59Sch. 3 Pt. III para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

OffencesE+W

18(1)If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence.E+W

(2)It shall be a defence for any person charged with such an offence to prove that—

(a)he took all reasonable steps to ensure that the direction was complied with;

(b)the direction was unreasonable; or

(c)he had complied with—

(i)a requirement included in a supervision order made with respect to the child; or

(ii)directions given under such a requirement,

and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph.

(3)A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Commencement Information

I60Sch. 3 Pt. III para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Persistent failure of child to comply with directionsE+W

19(1)Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, [F167the local authority designated in the order shall notify the appropriate local authority, if different].E+W

(2)Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child.

(3)In this paragraph “the appropriate local authority” has the same meaning as in section 36.

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Amendments (Textual)

Commencement Information

I61Sch. 3 Pt. III para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I 1991/828, art. 3(2)

MiscellaneousE+W

20The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders.E+W

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Commencement Information

I62Sch. 3 Pt. III para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

InterpretationE+W

21In this Part of this Schedule “parent” has the same meaning as in [F168the Education Act 1996.]).E+W

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Amendments (Textual)

F168Words in Sch. 3 Pt. III para. 21 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 93(3)(with s. 1(4))

Commencement Information

I63Sch. 3 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Section 53(6).

SCHEDULE 4E+W Management and Conduct of Community Homes

Part IE+W Instruments of Management

Instruments of management for controlled and assisted community homesE+W

1(1)The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any F169. . . home which is designated as a controlled or assisted community home.E+W

(2)Sub-paragraph (3) applies where two or more F169. . . homes are designated as controlled community homes or as assisted community homes.

(3)If—

(a)those homes are, or are to be, provided by the same voluntary organisation; and

(b)the same local authority is to be represented on the body of managers for those homes,

a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them.

(4)The number of persons who, in accordance with an instrument of management, constitute the body of managers for a F169. . . home shall be such number (which must be a multiple of three) as may be specified in the instrument.

(5)The instrument shall provide that the local authority specified in the instrument shall appoint—

(a)in the case of a F169. . . home which is designated as a controlled community home, two-thirds of the managers; and

(b)in the case of a F169. . . home which is designated as an assisted community home, one-third of them.

(6)An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument—

(a)so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided; and

(b)for the purpose of securing that—

(i)so far as is practicable, the character of the home F170. . . will be preserved; and

(ii)subject to paragraph 2(3), the terms of any trust deed relating to the home are observed.

(7)An instrument of management shall come into force on such date as it may specify.

(8)If an instrument of management is in force in relation to a F169. . . home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation.

(9)In this paragraph—

  • foundation managers”, in relation to a F169. . . home, means those of the managers of the home who are not appointed by a local authority in accordance with sub-paragraph (5); and

  • designated” means designated in accordance with section 53.

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Amendments (Textual)

Commencement Information

I64Sch. 4 Pt. I para. 1 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

2(1)An instrument of management shall contain such provisions as the Secretary of State considers appropriate.E+W

(2)Nothing in the instrument of management shall affect the purposes for which the premises comprising the home are held.

(3)Without prejudice to the generality of sub-paragraph (1), an instrument of management may contain provisions—

(a)specifying the nature and purpose of the home (or each of the homes) to which it relates;

(b)requiring a specified number or proportion of the places in that home (or those homes) to be made available to local authorities and to any other body specified in the instrument; and

(c)relating to the management of that home (or those homes) and the charging of fees with respect to—

(i)children placed there; or

(ii)places made available to any local authority or other body.

(4)Subject to sub-paragraphs (1) and (2), in the event of any inconsistency between the provisions of any trust deed and an instrument of management, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to the home concerned.

(5)After consultation with the voluntary organisation concerned and with the local authority specified in its instrument of management, the Secretary of State may by order vary or revoke any provisions of the instrument.

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Commencement Information

I65Sch. 4 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part IIE+W Management of Controlled and Assisted Community Homes

3(1)The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of management.E+W

(2)The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided.

(3)In this paragraph—

  • home” means a controlled community home or (as the case may be) assisted community home; and

  • the managers”, in relation to a home, means the managers constituted by its instrument of management; and

  • the responsible body”, in relation to a home, means the local authority or (as the case may be) voluntary organisation responsible for its management, equipment and maintenance.

(4)The functions of a home’s responsible body shall be exercised through the managers [F171, except in so far as, under section 53(3B), any of the accommodation is to be managed by another person.].

(5)Anything done, liability incurred or property acquired by a home’s managers shall be done, incurred or acquired by them as agents of the responsible body [F172; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed].

(6)In so far as any matter is reserved for the decision of a home’s responsible body by—

(a)sub-paragraph (8);

(b)the instrument of management;

(c)the service by the body on the managers, or any of them, of a notice reserving any matter,

that matter shall be dealt with by the body and not by the managers.

(7)In dealing with any matter so reserved, the responsible body shall have regard to any representations made to the body by the managers.

(8)The employment of persons at a home shall be a matter reserved for the decision of the responsible body.

(9)Where the instrument of management of a controlled community home so provides, the responsible body may enter into arrangements with the voluntary organisation by which that home is provided whereby, in accordance with such terms as may be agreed between them and the voluntary organisation, persons who are not in the employment of the responsible body shall undertake duties at that home.

(10)Subject to sub-paragraph (11)—

(a)where the responsible body for an assisted community home proposes to engage any person to work at that home or to terminate without notice the employment of any person at that home, it shall consult the local authority specified in the instrument of management and, if that authority so direct, the responsible body shall not carry out its proposal without their consent; and

(b)that local authority may, after consultation with the responsible body, require that body to terminate the employment of any person at that home.

(11)Paragraphs (a) and (b) of sub-paragraph (10) shall not apply—

(a)in such cases or circumstances as may be specified by notice in writing given by the local authority to the responsible body; and

(b)in relation to the employment of any persons or class of persons specified in the home’s instrument of management.

(12)The accounting year of the managers of a home shall be such as may be specified by the responsible body.

(13)Before such date in each accounting year as may be so specified, the managers of a home shall submit to the responsible body estimates, in such form as the body may require, of expenditure and receipts in respect of the next accounting year.

(14)Any expenses incurred by the managers of a home with the approval of the responsible body shall be defrayed by that body.

(15)The managers of a home shall keep—

(a)proper accounts with respect to the home; and

(b)proper records in relation to the accounts.

(16)Where an instrument of management relates to more than one home, one set of accounts and records may be kept in respect of all the homes to which it relates.

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Amendments (Textual)

Commencement Information

I66Sch. 4 Pt. II para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part IIIE+W Regulations

4(1)The Secretary of State may make regulations—E+W

(a)as to the placing of children in community homes;

F173(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F173(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F173Sch. 4 Pt. III para. 4(1)(b)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

F174Sch. 4 Pt. III para. 4(2)(3) repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Commencement Information

I67Sch. 4 Pt. III para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Section 60(4).

SCHEDULE 5E+W Voluntary Homes and Voluntary Organisations

Part IE+W Registration of Voluntary Homes

GeneralE+W

F1751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F175Sch. 5 Pt. I para. 1 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

ProcedureE+W

F1762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F176Sch. 5 Pt. I para. 2 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Right to make representationsE+W

F1773. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F177Sch. 5 Pt. I para. 3 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Decision of Secretary of StateE+W

F1784. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F178Sch. 5 Pt. I para. 4 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

AppealsE+W

F1795. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F179Sch. 5 Pt. I para. 5 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Notification of particulars with respect to voluntary homesE+W

F1806. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F180Sch. 5 Pt. I para. 6 repealed (1.4.2002) by 2000 c. 14, s. 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)

Part IIE+W Regulations as to Voluntary Homes

Regulations as to conduct of voluntary homesE+W

7(1)The [F181appropriate national authority] may make regulations—E+W

(a)as to the placing of children in voluntary homes;

F182(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F182Sch. 5 Pt. II para. 7(1)(b)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

F183Sch. 5 Pt. II para. 7(2)-(4) repealed (1.4.2002) 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)

Commencement Information

I68Sch. 5 Pt. II para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

DisqualificationE+W

F1848. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F184Sch. 5 Pt. II para. 8 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Section 63(11).

SCHEDULE 6E+W[F185 Private Children’s Homes]

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Amendments (Textual)

F185Sch. 6: words in heading substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(25)(a); 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)

Part IE+W Registration

Application for registrationE+W

F1861. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F186Sch. 6 Pt. I para. 1 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Conditions imposed on registrationE+W

F1872. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F187Sch. 6 Pt. I para. 2 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Annual review of registrationE+W

F1883. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F188Sch. 6 Pt. I para. 3 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Cancellation of registrationE+W

F1894. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F189Sch. 6 Pt. I para. 4 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

ProcedureE+W

F1905. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F190Sch. 6 Pt. I para. 5 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Right to make representationsE+W

F1916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F191Sch. 6 Pt. I para. 6 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Decision of local authorityE+W

F1927. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F192Sch. 6 Pt. I para. 7 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

AppealsE+W

F1938. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F193Sch. 6 Pt. I para. 8 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Prohibition on further applicationsE+W

F1949. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F194Sch. 6 Pt. I para. 9 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

Part IIE+W Regulations

10(1)The Secretary of State may make regulations—E+W

(a)as to the placing of children in [F195private] children’s homes;

F196(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The regulations may in particular—

F197(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(jj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)make provision similar to that made by regulations under section 26.

F198(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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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)

F195Words in Sch. 6 Pt. II para. 10(1)(a) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(25)(b); 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)

F196Sch. 6 Pt. II para. 10(1)(b)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

F197Sch. 6 Pt. II para. 10(2)(a)-(k) repealed (1.4.2002) by 2000 c. 14, s. 117(2), 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)

F198Sch. 6 Pt. II para. 10(3)(4) repealed (1.4.2002) by 2002 c. 14, s. 117(2), Sch. 6; S.I. 2002/4150, 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)

Commencement Information

I69Sch. 6 Pt. II para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Section 63(12).

SCHEDULE 7E+W Foster Parents: Limits on Number of Foster Children

InterpretationE+W

1For the purposes of this Schedule, a person fosters a child if—E+W

(a)he is a local authority foster parent in relation to the child;

(b)he is a foster parent with whom the child has been placed by a voluntary organisation; or

(c)he fosters the child privately.

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Commencement Information

I70Sch. 7 para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

The usual fostering limitE+W

2Subject to what follows, a person may not foster more than three children (“the usual fostering limit").E+W

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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.

Commencement Information

I71Sch. 7 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

SiblingsE+W

3A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.E+W

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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.

Commencement Information

I72Sch. 7 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Exemption by local authorityE+W

4(1)A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives.E+W

(2)In considering whether to exempt a person, a local authority shall have regard, in particular, to—

(a)the number of children whom the person proposes to foster;

(b)the arrangements which the person proposes for the care and accommodation of the fostered children;

(c)the intended and likely relationship between the person and the fostered children;

(d)the period of time for which he proposes to foster the children; and

(e)whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.

(3)Where a local authority exempt a person, they shall inform him by notice in writing—

(a)that he is so exempted;

(b)of the children, described by name, whom he may foster; and

(c)of any condition to which the exemption is subject.

(4)A local authority may at any time by notice in writing—

(a)vary or cancel an exemption; or

(b)impose, vary or cancel a condition to which the exemption is subject,

and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2).

(5)The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.

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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.

Commencement Information

I73Sch. 7 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Effect of exceeding fostering limitE+W

5(1)A person shall cease to be treated [F199, for the purposes of this Act and the Care Standards Act 2000] as fostering and shall be treated [F199, for the purposes of this Act and the Care Standards Act 2000] as carrying on a children’s home if—E+W

(a)he exceeds the usual fostering limit; or

(b)where he is exempted under paragraph 4,—

(i)he fosters any child not named in the exemption; and

(ii)in so doing, he exceeds the usual fostering limit.

(2)Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other.

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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)

F199Words in Sch. 7 para. 5(1) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(26); 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)

Commencement Information

I74Sch. 7 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Complaints etc.E+W

6(1)Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph.E+W

(2)In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph.

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Commencement Information

I75Sch. 7 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Section 66(5).

SCHEDULE 8E+W Privately Fostered Children

ExemptionsE+W

1A child is not a privately fostered child while he is being looked after by a local authority.E+W

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Commencement Information

I76Sch. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

2(1)A child is not a privately fostered child while he is in the care of any person—E+W

(a)in premises in which any—

(i)parent of his;

(ii)person who is not a parent of his but who has parental responsibility for him; or

(iii)person who is a relative of his and who has assumed responsibility for his care,

is for the time being living;

F200(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in accommodation provided by or on behalf of any voluntary organisation;

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

(e)in any health service hospital;

[F201(f)in any care home or independent hospital]

(g)in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.

(2)Sub-paragraph [F202(1)(c)] to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.

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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)

F200Sch. 8 para. 2(1)(b) repealed (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(a), Sch. 6; S.I. 2001/4150, art. 3(3)(a)(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)(d)(g) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)

F201Sch. 8 para. 2(1)(f) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(28); 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)

F202Words in Sch. 8 para. 2(2) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(a); 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)

Commencement Information

I77Sch. 8 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

3A child is not a privately fostered child while he is in the care of any person in compliance with—E+W

[F203(a)a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;]

[F204(b)a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.]

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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)

F203Sch. 8 para. 3(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 38 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)

Commencement Information

I78Sch. 8 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

4A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the M10Mental Health Act 1983.E+W

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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.

Commencement Information

I79Sch. 8 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

5A child is not a privately fostered child while [F205he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—E+W

(a)section 2 of the Adoption and Children Act 2002;

[F206(b)section 119 of the Adoption and Children (Scotland) Act 2007; or]

(c)Article 3 of the Adoption (Northern Ireland) Order 1987]

[F207or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).]

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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)

F205Sch. 8 para. 5(a)-(c) and preceding words substituted (30.12.2005) for Sch. 8 para. 5(a)(b) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 73 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F207Words in Sch. 8 para. 5 inserted (2.8.2007) by Children and Adoption Act 2006 (c. 20), ss. 14(3), 17; S.I. 2007/2287, art. 2(1)(c)

Modifications etc. (not altering text)

Commencement Information

I80Sch. 8 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Power of local authority to impose requirementsE+W

6(1)Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements as to—E+W

(a)the number, age and sex of the children who may be privately fostered by him;

(b)the standard of the accommodation and equipment to be provided for them;

(c)the arrangements to be made with respect to their health and safety; and

(d)particular arrangements which must be made with respect to the provision of care for them,

and it shall be his duty to comply with any such requirement before the end of such period as the authority may specify unless, in the case of a proposal, the proposal is not carried out.

(2)A requirement may be limited to a particular child, or class of child.

(3)A requirement (other than one imposed under sub-paragraph (1)(a)) may be limited by the authority so as to apply only when the number of children fostered by the person exceeds a specified number.

(4)A requirement shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—

(a)the reason for imposing the requirement;

(b)his right under paragraph 8 to appeal against it; and

(c)the time within which he may do so.

(5)A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement.

(6)In this Schedule—

(a)the appropriate local authority” means—

(i)the local authority within whose area the child is being fostered; or

(ii)in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered; and

(b)requirement”, in relation to any person, means a requirement imposed on him under this paragraph.

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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.

Modifications etc. (not altering text)

C12Sch. 8 para. 6: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I81Sch. 8 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Regulations requiring notification of fostering etc.E+W

7(1)The Secretary of State may by regulations make provision as to—E+W

(a)the circumstances in which notification is required to be given in connection with children who are, have been or are proposed to be fostered privately; and

(b)the manner and form in which such notification is to be given.

(2)The regulations may, in particular—

(a)require any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately to notify the appropriate authority;

(b)require any person who is—

(i)a parent of a child; or

(ii)a person who is not a parent of his but who has parental responsibility for a child,

and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority;

(c)require any parent of a privately fostered child, or person who is not a parent of such a child but who has parental responsibility for him, to notify the appropriate authority of any change in his address;

(d)require any person who proposes to foster a child privately, to notify the appropriate authority of his proposal;

(e)require any person who is fostering a child privately, or proposes to do so, to notify the appropriate authority of—

(i)any offence of which he has been convicted;

(ii)any disqualification imposed on him under section 68; or

(iii)any prohibition imposed on him under section 69;

(f)require any person who is fostering a child privately, to notify the appropriate authority of any change in his address;

(g)require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;

(h)require any person who has been fostering a child privately, but has ceased to do so, to notify the appropriate authority (indicating, where the child has died, that that is the reason).

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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.

Modifications etc. (not altering text)

C13Sch. 8 para. 7: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I82Sch. 8 para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F2087AEvery local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.]E+W

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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)

AppealsE+W

8(1)A person aggrieved by—E+W

(a)a requirement imposed under paragraph 6;

(b)a refusal of consent under section 68;

(c)a prohibition imposed under section 69;

(d)a refusal to cancel such a prohibition;

(e)a refusal to make an exemption under paragraph 4 of Schedule 7;

(f)a condition imposed in such an exemption; or

(g)a variation or cancellation of such an exemption,

may appeal to the court.

(2)The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.

(3)Where the appeal is against—

(a)a requirement imposed under paragraph 6;

(b)a condition of an exemption imposed under paragraph 4 of Schedule 7; or

(c)a variation or cancellation of such an exemption,

the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.

(4)Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition—

(a)vary the requirement, or allow more time for compliance with it; or

(b)if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under paragraph 6 are complied with.

(5)Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69.

(6)Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may—

(a)make an exemption;

(b)impose a condition; or

(c)vary the exemption.

(7)Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.

(8)Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—

(a)a person who is, or would be if exempted under Schedule 7, a local authority foster parent; or

(b)a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.

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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.

Modifications etc. (not altering text)

C14Sch. 8 para. 8: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I83Sch. 8 para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Extension of Part IX to certain school children during holidaysE+W

9(1)Where a child under sixteen who is a pupil at a school F209. . . lives at the school during school holidays for a period of more than two weeks, Part IX shall apply in relation to the child as if—E+W

(a)while living at the school, he were a privately fostered child; and

(b)paragraphs [F2102(1)(c) and (d)] and 6 were omitted.

[F211But this sub-paragraph does not apply to a school which is F212[a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000].]

(2)Sub-paragraph (3) applies to any person who proposes to care for and accommodate one or more children at a school in circumstances in which some or all of them will be treated as private foster children by virtue of this paragraph.

(3)That person shall, not less than two weeks before the first of those children is treated as a private foster child by virtue of this paragraph during the holiday in question, give written notice of his proposal to the local authority within whose area the child is ordinarily resident (“the appropriate authority"), stating the estimated number of the children.

(4)A local authority may exempt any person from the duty of giving notice under sub-paragraph (3).

(5)Any such exemption may be granted for a special period or indefinitely and may be revoked at any time by notice in writing given to the person exempted.

(6)Where a child who is treated as a private foster child by virtue of this paragraph dies, the person caring for him at the school shall, not later than 48 hours after the death, give written notice of it—

(a)to the appropriate local authority; and

(b)where reasonably practicable, to each parent of the child and to every person who is not a parent of his but who has parental responsibility for him.

(7)Where a child who is treated as a foster child by virtue of this paragraph ceases for any other reason to be such a child, the person caring for him at the school shall give written notice of the fact to the appropriate local authority.

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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)

F209Words in Sch. 8 para. 9(1) repealed (1.4.2002) by 2000 c. 14, ss. 110, 117(2), 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)(c)(g) (with art 3(5)-(10) and transitional provisions in Schs. 1-3)

F210Words in Sch. 8 para. 9(1)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(b); 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)

F211Words in Sch. 8 para. 9(1) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27); 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)

F212Words in Sch. 8 para. 9(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. 6; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

Modifications etc. (not altering text)

C15Sch. 8 para. 9: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I84Sch. 8 para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Prohibition of advertisements relating to fosteringE+W

10No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that person’s name and address.E+W

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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.

Commencement Information

I85Sch. 10 para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Avoidance of insurances on lives of privately fostered childrenE+W

11A person who fosters a child privately and for reward shall be deemed for the purposes of the M11Life Assurance Act 1774 to have no interest in the life of the child.E+W

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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.

Commencement Information

I86Sch. 8 para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Section 71(16).

F213SCHEDULE 9E+W+S

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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)

F213Sch. 9 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)

Modifications etc. (not altering text)

C16Pt. X and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.)) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

Applications for registrationE+W+S

F2141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F214Sch. 9 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)

Modifications etc. (not altering text)

C17Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

Disqualification from registrationE+W+S

F2152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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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)

F215Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162,