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Children Act 1989

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Children Act 1989, Section 97 is up to date with all changes known to be in force on or before 24 September 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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  • s. 97(2)-(9) repealed by 2010 c. 26 Sch. 3 para. 10 Sch. 4 Pt. 2 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 and Sch. 4 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

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97 Privacy for children involved in certain proceedings.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)No person shall publish [F2to the public at large or any section of the public] any material which is intended, or likely, to identify—

(a)any child as being involved in any proceedings before [F3the High Court][F4 or the family court] in which any power under this Act [F5or the Adoption and Children Act 2002] may be exercised by the court with respect to that or any other child; or

(b)an address or school as being that of a child involved in any such proceedings.

(3)In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

(4)The court or the [F6Lord Chancellor] may, if satisfied that the welfare of the child requires it [F7and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees] , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.

(5)For the purposes of this section—

  • publish” includes—

    (a)

    [F8include in a programme service (within the meaning of the Broadcasting Act 1990);]

    (b)

    cause to be published; and

  • material” includes any picture or representation.

(6)Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

[F9(6A)It is not a contravention of this section to—

(a)enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or

(b)permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.]

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(9)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 subsection (4).]

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Amendments (Textual)

F1S. 97(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Words in s. 97(2) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(1); S.I. 2005/847, art. 2

F3Words in s. 97(2) inserted (27.9.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))

F4Words in s. 97(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5Words in s. 97(1)(2) inserted (30.12.2005) by 2002 c. 38, ss. 101(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)

F6Words in s. 97(4) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)).

F10S. 97(7)(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C2S. 97(2) excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. IV para. 18 (with s. 107, Sch. 14 para. 7(2))

C3S. 97(4): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).

Commencement Information

I1S. 97 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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