Explanatory Note
(This note is not part of the Regulations)
These Regulations provide for orders which appear to the Secretary of State to be equivalent to orders available in Northern Ireland, the Isle of Man or the Channel Islands to have effect in certain circumstances there and to cease to have effect in England and Wales. Similarly, it provides that certain orders made in the Isle of Man may, in certain circumstances, have effect in England and Wales.
Regulation 2 provides that in certain circumstances a care order under the Children Act 1989 “the 1989 Act” may have effect in Northern Ireland as if it were made in Northern Ireland.
Regulation 3 provides that in certain circumstances a care order made in the Isle of Man other than on a criminal conviction may have effect in England and Wales as if it were a care order made under section 31 of the 1989 Act.
Regulations 4 and 5 provide for the transfer of a child in care under section 31 to the care of the Department of Health and Social Security in the Isle of Man or the States Children Board in Guernsey respectively, subject to certain conditions being met, and for orders under section 31 to cease to have effect.
Regulation 6 provides for a recovery order under section 50 of the 1989 Act to have effect in Northern Ireland in certain circumstances. The local authority in England and Wales responsible for the child is responsible for the reasonable expenses incurred in Northern Ireland by persons authorised under the order so as to recover the child.
Regulation 7 provides for a recovery order made in the Isle of Man other than on a criminal conviction to have effect as if it were a recovery order under section 50 of the 1989 Act.
Regulation 8 makes consequential amendments to sections 25 and 26 of the Children and Young Persons Act 1969 (transfers between England or Wales and Northern Ireland, the Channel Islands or the Isle of Man).