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Children Act 1989
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- s. 97(2)-(9) repealed by 2010 c. 26 Sch. 3 para. 10 Sch. 4 Pt. 2
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- Act applied (with modifications) by S.I. 2010/1907 reg. 16(2)(c) Sch. 2
- Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2
- Act modified by S.I. 2010/1116 art. 2
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 10A repealed by 2010 nawm 1 Sch. 2
- s. 87BA inserted by 2011 c. 21 s. 43(4)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/124 art. 4 5 commences (2002 c. 32)
- S.I. 2003/192 art. 2 3 7 commences (2000 c. 19)
- S.I. 2003/392 art. 2 commences (2002 c. 21)
- S.I. 2003/938 art. 2 Sch. commences (2002 c. 21)
- S.I. 2003/962 art. 2(3) commences (2002 c. 21)
- S.I. 2003/1115 art. 3 commences (2002 c. 32)
- S.I. 2003/1667 art. 3 4 5 commences (2002 c. 32)
- S.I. 2003/1718 art. 4 5 Sch. Pt. 1 2 commences (2002 c. 32)
- S.I. 2003/2961 art. 5 6 7 Sch. Pt. 2 3 4 commences (2002 c. 32)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/1728 art. 5 Sch. Pt. 2 commences (2002 c. 32)
- S.I. 2005/910 art. 3(aa) art. 3(y) commences (2003 c. 39)
- S.I. 2005/3175 art. 2(9) commences (2004 c. 33)
- S.I. 2006/172 Sch. commences (2002 c. 32)
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(r) commences (2005 c. 4)
- S.I. 2007/935 art. 5(u) commences (2006 c. 40)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/749 art. 2 commences (2008 c. 23)
- S.I. 2010/1329 art. 2 commences (2008 c. 23)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2010/2714 art. 2 commences (2008 c. 23)
- S.I. 2010/2921 art. 2 3 commences (2003 c. 39)
- S.I. 2010/2981 art. 2-4 commences (2008 c. 23)
- S.I. 2011/824 art. 2 commences (2008 c. 23)
- S.I. 2011/949 art. 3 commences (2008 c. 23)
- S.I. 2012/84 art. 2 3 commences (2011 c. 21)
- S.I. 2012/924 art. 2 Coming into force
- S.I. 2012/1187 art. 2(2)(m) commences (2011 nawm 4)
- S.I. 2012/1553 art. 2(a) art. 2(a)(e) art. 2(b) art. 2(c)(e) art. 2(d) art. 2(e) commences (2008 c. 23)
- S.I. 2012/2197 art. 2(b) commences (2008 c. 25)
- S.I. 2012/2231 art. 4(b) commences (2006 c. 47)
- S.S.I. 2003/134 art. 2(1) Sch. commences (2003 asp 1)
97 Privacy for children involved in certain proceedings.E+W
(1)Rules made under section 144 of the M1Magistrates’ Courts Act 1980 may make provision for a magistrates’ court to sit in private in proceedings in which any powers under this Act [F1or the Adoption and Children Act 2002]F1 may be exercised by the court with respect to any child.
(2)No person shall publish [F2to the public at large or any section of the public]F2 any material which is intended, or likely, to identify—
(a)any child as being involved in any proceedings before [F3the High Court, a county court or] a magistrates’ court in which any power under this Act [F1or the Adoption and Children Act 2002]F1 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 [F4Lord Chancellor] may, if satisfied that the welfare of the child requires it [F5and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees]F5 , 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)[F6include 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.
(7)Subsection (1) is without prejudice to—
(a)the generality of the rule making power in section 144 of the Act of 1980; or
(b)any other power of a magistrates’ court to sit in private.
(8)[F7Sections 69 (sittings of magistrates’; courts for family proceedings) and 71 (newspaper reports of certain proceedings) of the Act of 1980] shall apply in relation to any proceedings [F8(before a magistrates’ court)] to which this section applies subject to the provisions of this section.
[F9(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).]
Annotations:
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)
F1Words 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)
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))
F5Words in s. 97(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F6Words in s. 97(5) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 53
F7Words in s. 97(8) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 24; S.I. 1991/1883, art. 3, Sch.
F8Words in s. 97(8) inserted (27.7.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))
F9S. 97(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
Modifications etc. (not altering text)
C1S. 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))
C2S. 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)
Marginal Citations
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