The Children and Young Persons (Designation of Isle of Man Orders) Order 1991

Statutory Instruments

1991 No. 2031

CHILDREN AND YOUNG PERSONS

The Children and Young Persons (Designation of Isle of Man Orders) Order 1991

Made

9th September 1991

Coming into force

14th October 1991

The Secretary of State for Health, in exercise of powers conferred by sections 26(1) and 69(3) of the Children and Young Persons Act 1969(1), and of all other powers enabling him in that behalf hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Children and Young Persons (Designation of Isle of Man Orders) Order 1991 and shall come into force on 14th October 1991.

Designation

2.  A care order made under section 50 of the Children and Young Persons Act 1966(2)(an Act of Tynwald) being an order which satisfies the conditions set out in section 26(1) of the Children and Young Persons Act 1969 (transfers between England and Wales and the Channel Islands or Isle of Man), is hereby designated for the purposes of section 26 of that Act(3).

Revocation

3.  The Children and Young Persons (Designation of Isle of Man Order) Order 1971(4)is hereby revoked.

Signed by authority of the Secretary of State for Health.

Virginia Bottomley

Minister of State,

Department of Health

9th September 1991

Explanatory Note

(This note is not part of the Order)

This Order designates a care order made under section 50 (care order on a finding of guilt) of the Childrenand Young Persons Act 1966 (an Act of Tynwald) for the purposes of section 26 of the Childrenand Young Persons Act 1969.

Section 26 of the 1969 Act enables the Secretary of State to authorise a local authority in England and Wales to receive into their care any person named in the authorisation who is the subject of an order made by the court in the Isle of Man or any of the Channel Islands which is designated for the purposes of that section.

Orders made for the purposes of section 2 of the Children and Young Persons Act 1971 (an Act of Tynwald) were designated for the purposes of section 26 of the 1969 Act by the Children and Young Persons (Designation of Isle of Man Order) Order 1971(S.I. 1971/1288), which is revoked by this Order. Section 2 of the 1971 Act was repealed by the Children and Young Persons Act 1990 (an Act of Tynwald) with a saving for existing orders under that section made before the commencement of the 1990 Act to continue to have effect.

(1)

1969 c. 54.

(2)

Vol. XX p.89; section 50 is amended by paragraph 1 of Schedule 1 to the Children and Young Persons Act 1990 (an Act of Tynwald).

(3)

An order under section 26 is deemed to be a care order under the Children Act 1989 (c. 41) by virtue of paragraph 15(1)(a)(iii) of Schedule 14 to the 1989 Act.

(4)

S.I. 1971/1288.