The Children (Allocation of Proceedings) (Amendment) Order 1998

Statutory Instruments

1998 No. 2166

FAMILY LAW

The Children (Allocation of Proceedings) (Amendment) Order 1998

Made

27th August 1998

Laid before Parliament

3rd September 1998

Coming into force

30th September 1998

The Lord Chancellor, in exercise of the powers conferred on him by paragraph 2 of Schedule 11 to the Children Act 1989(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order 1998 and shall come into force on 30th September 1998.

Amendment of Children (Allocation of Proceedings) Order 1991

2.  In article 6(2)(c) of the Children (Allocation of Proceedings) Order 1991(2), after “of article 3(1)”, there shall be inserted:

“;

(d) under section 11 of the Crime and Disorder Act 1998 (child safety orders)(3)”.

Irvine of Lairg, C.

Dated 27th August 1998

Explanatory Note

(This note is not part of the Order)

Child safety orders are made under section 11 of the Crime and Disorder Act 1998. By virtue of section 11(6) of, and paragraph 68 of Schedule 8 to, the 1998 Act, proceedings for a child safety order are family proceedings for the purposes of the Children Act 1989.

This Order amends the Children (Allocation of Proceedings) Order 1991, which deals with the allocation and transfer between courts of family proceedings, so as to provide for the transfer of child safety order proceedings between magistrates' courts in accordance with the provisions of the 1991 Order.

(1)

1989 c. 41; paragraph 2 of Schedule 11 was amended by the Child Support Act 1991 (c. 48), section 45(3) and (5). Section 8, which defines “family proceedings”, was amended by paragraph 60(1) of Schedule 8 to the Family Law Act 1996 (c. 27) and by paragraph 68 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37).

(2)

S.I. 1991/1677, as amended by S.I. 1993/624, 1994/2164 and 3138, 1995/1649 and 1997/1897.

(3)

1998 c. 37.