- Latest available (Revised)
- Original (As enacted)
Children Act 2004
You are here:
- 2004 c. 31
- SCHEDULE 3
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this schedule contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 3:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 17 17A substituted for s. 17 by 2009 c. 22 s. 194(3)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
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):
- s. 9A inserted by 2009 c. 22 s. 195(1)
- s. 12A-12D inserted by 2009 c. 22 s. 194(2)
- s. 14A inserted by 2009 c. 22 s. 197
- s. 14B inserted by 2010 c. 26 s. 8
- s. 15A inserted by 2010 c. 26 s. 10
- s. 32A inserted by 2010 c. 26 s. 9
- specified purposes Appointed Day(s) by S.I. 2007/1792 art. 2 (Day appointed for purposes of s. 18)
Commencement Orders yet to be applied to the Children Act 2004:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/700 art. 2 commences (2004 c. 31)
- S.I. 2005/847 art. 2 commences (2000 c. 31)
- S.I. 2005/2298 art. 2 commences (2004 c. 31)
- S.I. 2005/3363 art. 2 commences (2004 c. 31)
- S.I. 2005/3464 art. 2 commences (2004 c. 31)
- S.I. 2006/870 art. 2 commences (2004 c. 31)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/927 art. 2 commences (2004 c. 31)
- S.I. 2008/752 art. 2 commences (2004 c. 31)
- S.I. 2008/1904 art. 2 commences (2004 c. 31)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/313 art. 2 3 commences (2007 c. 25)
- S.I. 2008/504 art. 2-4 commences (2007 c. 21)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/2261 art. 2 commences (2006 c. 21)
- S.I. 2008/3077 art. 2-5 commences (2008 c. 25)
- S.I. 2009/268 art. 2 3 commences (2008 c. 23)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/728 art. 2 commences (2008 c. 23)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2010/2981 art. 2-4 commences (2008 c. 23)
- S.I. 2010/2994 art. 2 commences (2010 nawm 1)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.I. 2011/3046 art. 2-4 commences (2010 nawm 7)
Prospective
Section 40
SCHEDULE 3E+WAdvisory and support services for family proceedings
This schedule has no associated Explanatory Notes
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)E+W
1In section 26 of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation), in subsection (2), after “Criminal Justice and Court Services Act 2000)” insert “ , a Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.E+W
Child Abduction and Custody Act 1985 (c. 60)E+W
2The Child Abduction and Custody Act 1985 is amended as follows.E+W
3In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W
4In section 27 (interpretation), after subsection (5) insert—E+W
“(5A)In this Act “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004”.
Children Act 1989 (c. 41)E+W
5The Children Act 1989 is amended as follows.E+W
6In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W
7In section 16 (family assistance orders), in subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W
8(1)Section 26 (review of cases etc) is amended as follows.E+W
(2)In subsection (2A)(c) after “Service” insert “ or a Welsh family proceedings officer ”.
(3)After subsection (2C) insert—
“(2D)The power to make regulations in subsection (2C) is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the National Assembly for Wales.”
9(1)Section 41 (representation of child) is amended as follows.E+W
(2)In subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.
(3)In subsections (2) and (4)(a), after “officer of the Service” insert “ or Welsh family proceedings officer ”.
(4)In subsection (10)—
(a)in paragraphs (a) and (b), after “officer of the Service” insert “ or Welsh family proceedings officer ”;
(b)in paragraph (c), after “officers of the Service” insert “ or Welsh family proceedings officers ”.
(5)In subsection (11), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.
10In section 42 (rights of officers of the Service), in subsections (1) and (2), after “an officer of the Service” insert “ or Welsh family proceedings officer ”.E+W
11In section 105(1) (interpretation), at the end insert—E+W
““Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.”
Criminal Justice and Court Services Act 2000 (c. 43)E+W
12The Criminal Justice and Court Services Act 2000 is amended as follows.E+W
13In section 12 (principal functions of CAFCASS), in subsection (1), after “the welfare of children” insert “ other than children ordinarily resident in Wales ”.E+W
14In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute “ nine ”.E+W
Adoption and Children Act 2002 (c. 38)E+W
15The Adoption and Children Act 2002 is amended as follows.E+W
16(1)Section 102 (officers of the Service) is amended as follows.E+W
(2)In subsection (1), at the end insert “ or a Welsh family proceedings officer ”.
(3)In subsection (7), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.
(4)After that subsection insert—
“(8)In this section and section 103 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.”
17In section 103 (rights of officers of the Service), in subsections (1) and (2), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.E+W
Sexual Offences Act 2003 (c. 42)E+W
18In section 21 of the Sexual Offences Act 2003 (positions of trust), in subsection (12)(a), after “officer of the Service” insert “ or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.E+W
Options/Help
Print Options
Print The Whole Act
Print This Schedule only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources