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Children Act 1989

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Children Act 1989, Section 105 is up to date with all changes known to be in force on or before 26 February 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

105 Interpretation.E+W+S

F1F2(1)In this Act—

  • [F3activity condition ” has the meaning given by section 11C; ]

  • [F3activity direction ” has the meaning given by section 11A; ]

  • adoption agency” means a body which may be referred to as an adoption agency by virtue of [F4section 2 of the Adoption and Children Act 2002];

  • F5...

  • bank holiday” means a day which is a bank holiday under the M1Banking and Financial Dealings Act 1971;

  • [F6care home ” has the same meaning as in the Care Standards Act 2000;

  • care order ” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

  • child ” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

  • [F7 " child arrangements order ” has the meaning given by section 8(1); ]

  • child assessment order ” has the meaning given by section 43(2);

  • [F8child minder ” has the meaning given by section 71;

  • [F9child of the family ”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

    (a)

    a child of both of them, and

    (b)

    any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.]

  • [F10children's home ” has the same meaning as it has for the purposes of the Care Standards Act 2000 (see section 1 of that Act); ]

  • [F11clinical commissioning group ” means a body established under section 14D of the National Health Service Act 2006; ]

  • community home ” has the meaning given by section 53;

  • F12 ...

  • F12 ...

  • F12 ...

  • day careF13 . . . has the same meaning as in section 18;

  • disabled ”, in relation to a child, has the same meaning as in section 17(11);

  • F14 . . .

  • domestic premises ” has the meaning given by section 71(12);

  • [F15“dwelling-house” includes—

    (a)

    any building or part of a building which is occupied as a dwelling;

    (b)

    any caravan, house-boat or structure which is occupied as a dwelling;

    and any yard, garden, garage or outhouse belonging to it and occupied with it;

  • [F16education functions ” has the meaning given by section 579(1) of the Education Act 1996;  ]

  • education supervision order ” has the meaning given in section 36;

  • emergency protection order ” means an order under section 44;

  • [F17enforcement order ” has the meaning given by section 11J; ]

  • family assistance order ” has the meaning given in section 16(2);

  • family proceedings ” has the meaning given by section 8(3);

  • functions ” includes powers and duties;

  • guardian of a child ” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;

  • harm ” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

  • F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • health service hospital[F19 means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ]

  • hospitalF20 . . . has the same meaning as in the M2 Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;

  • ill-treatment ” has the same meaning as in section 31(9);

  • [F21income-based jobseeker’s allowance ” has the same meaning as in the Jobseekers Act 1995; ]

  • [F22income-related employment and support allowance ” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance); ]

  • [F23“independent hospital”

    (a)

    in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

    (b)

    in relation to Wales, has the same meaning as in the Care Standards Act 2000;]

  • independent school ” has the same meaning as in [F24 the Education Act 1996 ] ;

  • local authority ” means, in relation to England F25 . . ., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London [F26 in relation to Wales, the council of a county or a county borough ] and, in relation to Scotland, a local authority within the meaning of section 1(2) of the M3 Social Work (Scotland) Act 1968;

  • [F27[F28local authority foster parent ” has the meaning given in section 22C(12); ]]

  • [F27“local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of—

    (a)

    paragraph 12F of Schedule 2; or

    (b)

    sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);]

  • F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F30Local Health Board ” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; ]

  • local housing authority ” has the same meaning as in the M4 Housing Act 1985;

  • [F31mental nursing home ” has the same meaning as in the M5 Registered Homes Act 1984; ]

  • [F32nursing home ” has the same meaning as in the Act of 1984; ]

  • [F33officer of the Service ” has the same meaning as in the Criminal Justice and Court Services Act 2000; ]

  • parental responsibility ” has the meaning given in section 3;

  • parental responsibility agreement ” has the meaning given in [F34 sections 4(1) [F35 , 4ZA(4) ] and 4A(2) ] ;

  • prescribed ” means prescribed by regulations made under this Act;

  • [F36private children’s home ” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 which is not a community home or a voluntary home; ]

  • F37 ...

  • privately fostered child ” and “ to foster a child privately ” have the same meaning as in section 66;

  • prohibited steps order ” has the meaning given by section 8(1);

  • F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F39registered children’s home ” has the same meaning as in section 63; ]

  • registered pupil ” has the same meaning as in [F24 the Education Act 1996 ] ;

  • relative ”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or [F40 by marriage or civil partnership) ] or step-parent;

  • F12 ...

  • [F41residential care home ” has the same meaning as in the Registered Homes Act 1984 [F42 and “small home” has the meaning given by section 1(4A) of that Act ] ; ]

  • responsible person ”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

  • school ” has the same meaning as in [F24 the Education Act 1996 ] or, in relation to Scotland, in the M6 Education (Scotland) Act 1980;

  • [F43section 31A plan ” has the meaning given by section 31A(6); ]

  • service ”, in relation to any provision made under Part III, includes any facility;

  • signed ”, in relation to any person, includes the making by that person of his mark;

  • special educational needs ” has the same meaning as in [F44 the Education Act 1996 ] ;

  • [F45special guardian ” and “ special guardianship order ” have the meaning given by section 14A; ]

  • [F46Special Health Authority ” means a Special Health Authority established under [F47 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006, ] ; ]

  • specific issue order ” has the meaning given by section 8(1);

  • F48 ...

  • supervision order ” has the meaning given by section 31(11);

  • supervised child ” and “ supervisor ”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;

  • upbringing ”, in relation to any child, includes the care of the child but not his maintenance;

  • voluntary home ” has the meaning given by section 60;

  • voluntary organisation ” means a body (other than a public or local authority) whose activities are not carried on for profit.

  • [F49Welsh family proceedings officer ” has the meaning given by section 35 of the Children Act 2004. ]

(2) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to each other at the time of his birth must be read with section 1 of the M7 Family Law Reform Act 1987 (which extends the meaning of such references).

F50( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51(4)References in this Act to a child who is looked after—

(a)in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and

(b)in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).]

(5) References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions [F52 of that or any other local authority which are social services functions] F53....

[F54(5B)In subsection (5) “social services functions” means—

(a)in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and

(b)in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.]

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

[F56(5B)References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).]

(6)In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—

(a)which is a school or other institution;

(b) in accordance with the requirements of a supervision order under this Act F57 . . .

[F58(ba)in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or]

(c)while he is being provided with accommodation by or on behalf of a local authority.

(7)References in this Act to children who are in need shall be construed in accordance with section 17.

(8)Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

(9)Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(10) For the purposes of this section, and of section 7 of the M8 Interpretation Act 1978 in its application to this section, the proper address of a person—

(a)in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;

(b)in the case of a partner of a firm, shall be that of the principal office of the firm; and

(c)in any other case, shall be the last known address of the person to be served.]]]

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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)

F2Words in s. 105(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. 3(3); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F3Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F4S. 105(1): words in definition of "adoption agency" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F5S. 105(1): the definition of "appropriate children's home" repealed (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 42, 44, Sch. 1 para. 3(2), Sch. 4; S.I. 2010/2891, art. 4(a)(l)

F6S. 105(1): definition of "care home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(ii); 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)

F7Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F8S. 105(1): definition of "child minder" repealed (1.4.2002 for W. and otherwise (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2002/ 920, art. 3(3)(g) (with arts. 3(5)-(10))

F9S. 105(1): definition of "child of the family" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(3); S.I. 2005/3175, art. 2(1), Sch. 1

F10S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(3); S.I. 2010/2891, art. 4(a)

F12Words in s. 105(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F13S. 105(1): words in the definition of "day care" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(i), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F14Definition of "district health authority" in s. 105(1) repealed (1.4.1996) by 1995 c. 17, ss.2(1), 5(1)(2), Schs. 1, para. 118(10)(a), 3(with Sch. 2 paras. 6, 16)

F15Definition in s. 105(1) inserted (1.10.1997) by 1996, c. 27, s. 52, Sch. 6 para. 5(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3

F17S. 105(1): definition of "enforcement order" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 15, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)

F18S. 105: definition of "health authority" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(a)

F19S. 105: words in definition of "health service hospital" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(b)

F20S. 105(1): words in the definition of "hospital" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(ii), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F21Definition of "income-based jobseeker's allowance" in s. 105 inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(4); S.I. 1996/2208, art. 2(b)

F22S. 105(1): definition of "income-related employment and support allowance" inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(5); S.I. 2008/787, art. 2(4)(f)

F23S. 105(1): definition of "independent hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(3)

F24Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 91(with Sch. 39, paras. 30, 39)

F25Words in s. 105(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), s. 66(8), Sch. 10 para. 13, Sch. 18(with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F26Words in definition of "local authority" in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 13 (with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F28S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(4); S.I. 2010/2891, art. 4(a)

F30S. 105: definition of "Local Health Board" inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(3)

F31S. 105(1): definition of "mental nursing home" repealed (1.4.2002 (E.W.)) 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)

F32S. 105(1): definition of "nursing home" repealed (1.4.2002 (E.W.)) 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)

F33S. 105(1): definition of "officer of the Service" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 95; S.I. 2001/919, art. 2(f)(ii)

F34S. 105(1): words in definition of "parental responsibility agreement" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F35S. 105(1): word in the definition of "parental responsibility agreement" inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 31; S.I. 2009/479, art. 6(1)(e)

F36S. 105(1): definition of "private children's home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(vii); 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)

F38S. 105(1): definition of "protected child" repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(d), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F39S. 105(1): definition of "registered children's home" repealed (1.4.2002 (E.W.)) 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(4)-(10) and transitional provisions in Schs. 1-3)

F40S. 105(1): words in definition of "relative" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(4); S.I. 2005/3175, art. 2(1), Sch. 1

F41S. 105(1): definition of "residential care home" repealed (1.4.2002 (E.W.)) 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(4)-(10) and transitional provisions in Schs. 1-3)

F43S. 105(1): definition of "section 31A plan" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(b) (with Sch. 4 paras 6-8); S.I. 2005/2213, art. 2(o)

F44Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 91(with Sch. 39, paras. 30, 39)

F45S. 105(1): definition of "special guardian" and "special guardianship order" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(e) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F46Definition of "special health authority" in s. 105(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(10)(c)(with Sch. 2 para. 6)

F47S. 105: words in definition of "Special Health Authority" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(d)

F49S. 105(1): definition of "Welsh family proceedings officer" inserted (1.4.2005) by Children Act 2004, (c. 31), s. 40, {Sch. 3 para. 11}; S.I. 2005/700, art. 2(2)

F50S. 105(3) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F52Words in s. 105(5) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 22; S.I. 2000/2849, art. 2(f)

F55S. 105(5A) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F56S. 105(5B) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 15(2)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F57Words in s. 105(6)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 36(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)(u)(xi)

F58S. 105(6)(ba) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 36(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)

Commencement Information

I1S. 105 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

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