Children and Young Persons Act 1969

Consequential modifications of ss. 11 and 12 of Children Act 1948

27 Consequential modifications of 1948 c. 43 ss. 11 and 12

(1) For section 11 of the Children Act 1948 (which specifies the children in respect of whom functions are conferred on local authorities by Part II of that Act) there shall be substituted the following section:—

11 Children to whom Part II applies.

Except where the contrary intention appears, any reference in this Part of this Act to a child who is or was in the care of a local authority is a reference to a child who is or was in the care of the authority under section 1 of this Act or by virtue of a care order within the meaning of the Children and Young Persons Act 1969 or a warrant under section 23(1) of that Act (which relates to remands in the care of local authorities).; but nothing in the said section 11 as replaced by this subsection prejudices the application of any provision of the said Part II to any person by virtue of an enactment passed after that Act and before this Act.

(2) If it appears to a local authority that it is necessary, for the purpose of protecting members of the public, to exercise their powers in relation to a particular child in their care in a manner which may not be consistent with their general duty under section 12(1) of the said Act of 1948 to further his best interests and afford him opportunity for proper development, the authority may, notwithstanding that duty, act in that manner.

(3) If the Secretary of State considers it necessary, for the purpose of protecting members of the public, to give directions to a local authority with respect to the exercise of their powers in relation to a particular child in their care, he may give such directions to the authority; and it shall be the duty of the authority, notwithstanding their general duty aforesaid, to comply with any such directions.

(4) Without prejudice to their general duty aforesaid, it shall be the duty of a local authority who have at any time had a child in their care throughout the preceding six months and have not during that period held a review of his case in pursuance of this subsection to review his case as soon as is practicable after the expiration of that period and, if a care order is in force with respect to him, to consider in the course of the review whether to make an application for the discharge of the order.