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The Children Act 1989 (Commencement and Transitional Provisions) Order 1991

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Statutory Instruments

1991 No. 828 (C.19)

CHILDREN AND YOUNG PERSONS

The Children Act 1989 (Commencement and Transitional Provisions)Order 1991

Made

25th March 1991

The Secretary of State for Health, in exercise of the powersconferred by section 108(2) and (8) of the Children Act 1989(1) and of all other powers enabling him in that behalf,hereby makes the following Order:

Citation

1.  This Order may be cited as the Children Act 1989 (Commencement andTransitional Provisions) Order 1991.

Interpretation

2.  In this Order“the Act” means the Children Act 1989.

Commencement

3.  (1)  Paragraph 21 of Schedule 10 to the Act (adoption contact register)and section 88(1) of the Act so far as it relates to that paragraphshall come into force on 1st May 1991.

(2) All provisions of the Act which are not by then already in forceshall come into force on 14th October 1991.

Modifications of transitional provisions

4.  Schedule 14 to the Act shall have effect from 14th October 1991subject to the additions and modifications set out in the Schedule tothis Order.

William Waldegrave

Secretary of State for Health

25th March 1991

Article 4

SCHEDULEADDITIONS TO, AND MODIFICATIONS OF, SCHEDULE 14 TO THE ACT

1.  In paragraph 16(4) for the words“sub-paragraph (5) only applies” there shall be substituted the words—

  • “sub-paragraphs (5) and (6) only apply”.

2.  In paragraph 16(5)—

(a)at the beginning of the sub-paragraph there shall beinserted—

“Subject to sub-paragraph (6),”;

(b)after the word“shall” there shall be inserted—

“, subject to the provisions of section 25 of this Act and of anyregulations made under that section,”; and

(c)after the words“in this Act” there shall be inserted—

“other than section 25”.

3.  After sub-paragraph 16(5) there shall be inserted the followingsub-paragraph—

(6) Where directions referred to in sub-paragraph (5) are to the effectthat a child be placed in accommodation provided for the purpose ofrestricting liberty then the directions shall cease to have effect uponthe expiry of the maximum period specified by regulations under section25(2)(a) in relation to children of his description, calculated from14th October 1991.

4.  In paragraph 16A(2)—

(a)after the number“16A.” there shall be inserted“—(1)”; and

(b)after sub-paragraph (1) there shall be inserted—

(2) Where immediately before the day on which Part IV commences a childwas in the care of a local authority and as the result of anorder—

(a)under section 7(2) of the Family Law Reform Act 1969; or

(b)made in the exercise of the High Court’s inherent jurisdiction withrespect to children,

continued to be in the care of a local authority and was made a ward of court, he shall on the day on which Part IV commences, cease to be a ward of court.

5.  After paragraph 18 there shall be inserted the followingparagraph—

18A.  (1)  This paragraph applies to any decision of a local authority toterminate arrangements for access or to refuse to make sucharrangements—

(a)of which notice has been given under, and in accordance with,section 12B of the Child Care Act 1980 (termination of access); and

(b)which is in force immediately before the commencement of Part IV.

(2) On and after the commencement of Part IV, a decision to which thisparagraph applies shall have effect as a court order made under section34(4) authorising the local authority to refuse to allow contact betweenthe child and the person to whom notice was given under section 12B ofthe Child Care Act 1980..

6.  In paragraph 25(3) for the words“more than six months” there shall be substituted“six months or more”.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st May 1991 paragraph 21 ofSchedule 10 to the Children Act 1989 which amends the Adoption Act 1976(c.36) so as to establish an Adoption Contact Register to facilitatecontact between an adopted person and any relative of his. The Orderbrings into force on 14th October 1991 all other provisions of theChildren Act 1989 except those which have already been brought intoforce by section 108(2) of that Act.

Article 4 of, and the Schedule to, this order add to and modify thetransitional provisions contained in Schedule 14 to the 1989 Act.

Paragraphs 2 and 3 make court directions relating to secureaccommodation subject to the provisions of section 25 (secureaccommodation) and any regulations made under that section and also to anew sub-paragraph 16(6) which provides that such directions shall ceaseto have effect after the maximum period specified by regulations undersection 25(2).

Paragraph 4 adds a sub-paragraph to paragraph 16A (cessation ofwardship where ward in care) to provide that wardship shall cease on thecommencement of the Act where a child who was already in care wassubsequently made a ward of court and remains in care.

Paragraph 5 adds a paragraph making provision for there to be adeemed order under section 34 of the Act (contact with child in care)where a local authority decision terminating access or refusing accesswas in force immediately before the Act comes into force.

Paragraphs 1 and 6 make minor amendments.

(2)

Paragraph 16A was inserted by paragraph 33(4) ofSchedule 16 to the Courts and Legal Services Act 1990 (c. 41).

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