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- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 14/10/1991
Point in time view as at 01/02/1991. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Children and Young Persons Act 1969, Section 32A.
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(1)If before or in the course of proceedings in respect of a child or young person—
(a)in pursuance of section 1 of this Act, or
(b)on an application under section 15(1) of this Act for the discharge of a relevant supervision order or a supervision order made under section 21(2) of this Act on the discharge of a relevant care order; or
(c)on an application under section 21(2) of this Act for the discharge of a relevant care order or a care order made under section 15(1) of this Act on the discharge of a relevant supervision order; or
(d)on an appeal to the Crown Court under section 2(12) of this Act, or
(e)on an appeal to the Crown Court under section 16(8) of this Act against the dismissal of an application for the discharge of a relevant supervision order or against a care order made under section 15(1) on the discharge of—
(i)a relevant supervision order; or
(ii)a supervision order made under section 21(2) on the discharge of a relevant care order; or
(f)on an appeal to the Crown Court under section 21(4) of this Act against the dismissal of an application for the discharge of a relevant care order or against a supervision order made under section 21(2) on the discharge of—
(i)a relevant care order; or
(ii)a care order made under section 15(1) on the discharge of a relevant supervision order,
it appears to the court that there is or may be a conflict, on any matter relevant to the proceedings, between the interests of the child or young person and those of his parent or guardian, the court may order that in relation to the proceedings the parent or guardian is not to be treated as representing the child or young person or as otherwise authorised to act on his behalf.
(2)If an application such as is referred to in subsection (1)(b) or (c) of this section is unopposed, the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall order that in relation to proceedings on the application no parent or guardian of his shall be treated as representing him or as otherwise authorised to act on his behalf; but where the application was made by a parent or guardian on his behalf the order shall not invalidate the application.
(3)Where an order is made under subsection (1) or (2) of this section for the purposes of proceedings on an application within subsection (1)(a), (b) or (c) of this section, that order shall also have effect for the purposes of any appeal to the Crown Court arising out of those proceedings.
(4)The power of the court to make orders for the purposes of an application within subsection (1)(a), (b) or (c) of this section shall also be exercisable, before the hearing of the application, by a single justice.
[F2(4A)Where an order is made under this section in respect of a parent or guardian in relation to any proceedings he shall by virtue of the order be made a party to the proceedings.]
(5)In this section—
“relevant care order” means a care order made under section 1 of this Act;
“relevant supervision order” means a supervision order made under section 1 of this Act.]
Textual Amendments
F1Heading and ss. 32A, 32B inserted (prosp. except as to ss. 32A(1), 32B(2)) by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 64, 108(2) and ss. 32A, 32B repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15
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