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Children Act 1989

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Children Act 1989

1989 c. 41

C1C2C3C4C5E1C6C7C8C9An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

Enacted[16th November 1989]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C104

Part I  Introductory

I11  Welfare of the child.

1 When a court determines any question with respect to—
a the upbringing of a child; or
b the administration of a child’s property or the application of any income arising from it,
the child’s welfare shall be the court’s paramount consideration.
C102 In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.
2A A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.
2B In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.
3 In the circumstances mentioned in subsection (4), a court shall have regard in particular to—
C10a the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
C10b his physical, emotional and educational needs;
C10c the likely effect on him of any change in his circumstances;
C10d his age, sex, background and any characteristics of his which the court considers relevant;
C10e any harm which he has suffered or is at risk of suffering;
C10f how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g the range of powers available to the court under this Act in the proceedings in question.
4 The circumstances are that—
a the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or
b the court is considering whether to make, vary or discharge a special guardianship order or an order under Part IV.
5 Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.
6 In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—
a is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and
b is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.
7 The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).

I22  Parental responsibility for children.

1 Where a child’s father and mother were married to , or civil partners of, each other at the time of his birth, they shall each have parental responsibility for the child.
1A Where a child—
a has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or
b has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,
the child's mother and the other parent shall each have parental responsibility for the child.
2 Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth—
a the mother shall have parental responsibility for the child;
b the father shall have parental responsibility for the child if he has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.
2A Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—
a the mother shall have parental responsibility for the child;
b the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.
3 References in this Act to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth must be read with section 1 of the M1Family Law Reform Act 1987 (which extends their meaning).
4 The rule of law that a father is the natural guardian of his legitimate child is abolished.
5 More than one person may have parental responsibility for the same child at the same time.
6 A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.
7 Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.
8 The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Act.
9 A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.
10 The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.
11 The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned.

I33  Meaning of “parental responsibility”.

1 In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
2 It also includes the rights, powers and duties which a guardian of the child’s estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property.
3 The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover.
4 The fact that a person has, or does not have, parental responsibility for a child shall not affect—
a any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or
b any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property.
5 A person who—
a does not have parental responsibility for a particular child; but
b has care of the child,
may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.

I44  Acquisition of parental responsibility by father.

1 Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth , the father shall acquire parental responsibility for the child if—
a he becomes registered as the child’s father under any of the enactments specified in subsection (1A);
b he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or
c the court, on his application, orders that he shall have parental responsibility for the child.
1A The enactments referred to in subsection (1)(a) are—
a paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;
b paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and
c sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.
C111B The Secretary of State may by order amend subsection (1A) so as to add further enactments to the list in that subsection.
2 No parental responsibility agreement shall have effect for the purposes of this Act unless—
a it is made in the form prescribed by regulations made by the Lord Chancellor; and
b where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner.
2A A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.
3 The court may make an order under subsection (2A) on the application—
a of any person who has parental responsibility for the child; or
b with the leave of the court, of the child himself,
subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).
4 The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

4ZA Acquisition of parental responsibility by second female parent

1 Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if—
a she becomes registered as a parent of the child under any of the enactments specified in subsection (2);
b she and the child's mother make an agreement providing for her to have parental responsibility for the child; or
c the court, on her application, orders that she shall have parental responsibility for the child.
2 The enactments referred to in subsection (1)(a) are—
a paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;
b paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and
c sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.
3 The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection.
4 An agreement under subsection (1)(b) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4.
5 A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.
6 The court may make an order under subsection (5) on the application—
a of any person who has parental responsibility for the child; or
b with the leave of the court, of the child himself,
subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).
7 The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

4A  Acquisition of parental responsibility by step-parent

1 Where a child’s parent (“parent A”) who has parental responsibility for the child is married to , or a civil partner of, a person who is not the child’s parent (“the step-parent”)—
a parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or
b the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.
2 An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4.
3 A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application—
a of any person who has parental responsibility for the child; or
b with the leave of the court, of the child himself.
4 The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

I55  Appointment of guardians.

1 Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if—
a the child has no parent with parental responsibility for him; or
b a parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and has died while the order was in force ; or
c paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.
2 The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.
3 A parent who has parental responsibility for his child may appoint another individual to be the child’s guardian in the event of his death.
4 A guardian of a child may appoint another individual to take his place as the child’s guardian in the event of his death ; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death.
5 An appointment under subsection (3) or (4) shall not have effect unless it is made in writing, is dated and is signed by the person making the appointment or—
a in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the M2Wills Act 1837; or
b in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.
6 A person appointed as a child’s guardian under this section shall have parental responsibility for the child concerned.
7 Where—
a on the death of any person making an appointment under subsection (3) or (4), the child concerned has no parent with parental responsibility for him; or
b immediately before the death of any person making such an appointment, a child arrangements order was in force in which the person was named as a person with whom the child was to live or the person was the child’s only (or last surviving) special guardian,
the appointment shall take effect on the death of that person.
8 Where, on the death of any person making an appointment under subsection (3) or (4)—
a the child concerned has a parent with parental responsibility for him; and
b subsection (7)(b) does not apply,
the appointment shall take effect when the child no longer has a parent who has parental responsibility for him.
9 Subsections (1) and (7) do not apply if the child arrangements order referred to in paragraph (b) of those subsections also named a surviving parent of the child as a person with whom the child was to live.
10 Nothing in this section shall be taken to prevent an appointment under subsection (3) or (4) being made by two or more persons acting jointly.
11 Subject to any provision made by rules of court, no court shall exercise the High Court’s inherent jurisdiction to appoint a guardian of the estate of any child.
12 Where rules of court are made under subsection (11) they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made.
13 A guardian of a child may only be appointed in accordance with the provisions of this section.

I66  Guardians: revocation and disclaimer.

1 An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian.
2 An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed—
a by him; or
b at his direction, in his presence and in the presence of two witnesses who each attest the signature.
3 An appointment under section 5(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it—
a destroys the instrument by which it was made; or
b has some other person destroy that instrument in his presence.
3A An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either—
a F1401... a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or
b the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986,
unless a contrary intention appears by the appointment.
3B An appointment under section 5(3) or (4)(including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—
a an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or
b the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,
unless a contrary intention appears by the appointment.
4 For the avoidance of doubt, an appointment under section 5(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked.
5 A person who is appointed as a guardian under section 5(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect.
6 Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.
7 Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court—
a on the application of any person who has parental responsibility for the child;
b on the application of the child concerned, with leave of the court; or
c in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.

I77  Welfare reports.

1 A court considering any question with respect to a child under this Act may—
a ask an officer of the Service or a Welsh family proceedings officer ; or
b ask a local authority to arrange for—
i an officer of the authority; or
ii such other person (other than an officer of the Service or a Welsh family proceedings officer ) as the authority considers appropriate,
to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report.
2 The Lord Chancellor may , after consulting the Lord Chief Justice, make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section.
3 The report may be made in writing, or orally, as the court requires.
4 Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—
a any statement contained in the report; and
b any evidence given in respect of the matters referred to in the report,
in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.
5 It shall be the duty of the authority or officer of the Service or a Welsh family proceedings officer to comply with any request for a report under this section.
6 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

Part II  Orders With Respect To Children In Family Proceedings

General

I88  Child arrangements orders and other orders with respect to children.

1 In this Act —
  • "child arrangements order" means an order regulating arrangements relating to any of the following—
    1. with whom a child is to live, spend time or otherwise have contact, and
    2. when a child is to live, spend time or otherwise have contact with any person;
  • F858...
  • “a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;
  • F858...
  • “a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
2 In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.
3 For the purposes of this Act “family proceedings” means any proceedings—
a under the inherent jurisdiction of the High Court in relation to children; and
b under the enactments mentioned in subsection (4),
but does not include proceedings on an application for leave under section 100(3).
4 The enactments are—
a Parts I, II and IV of this Act;
b the M3Matrimonial Causes Act 1973;
ba Schedule 5 to the Civil Partnership Act 2004;
c the M4 Domestic Violence and Matrimonial Proceedings Act 1976;
d the Adoption and Children Act 2002;
e the M5Domestic Proceedings and Magistrates’ Courts Act 1978;
ea Schedule 6 to the Civil Partnership Act 2004;
f sections 1 and 9 of the M6 Matrimonial Homes Act 1983;
g Part III of the M7Matrimonial and Family Proceedings Act 1984;
h the Family Law Act 1996;
i sections 11 and 12 of the Crime and Disorder Act 1998;
j Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule).
k Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.

I99  Restrictions on making section 8 orders.

1 No court shall make any section 8 order, other than a child arrangements order to which subsection (6B) applies, with respect to a child who is in the care of a local authority.
2 No application may be made by a local authority for a child arrangements order and no court shall make such an order in favour of a local authority.
3 A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless—
a he has the consent of the authority;
b he is a relative of the child; or
c the child has lived with him for at least one year preceding the application.
4 F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 No court shall exercise its powers to make a specific issue order or prohibited steps order—
a with a view to achieving a result which could be achieved by making a child arrangements order or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact); or
b in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children.
6 No court shall make a section 8 order which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.
6A Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.
6B This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—
a with whom the child concerned is to live, and
b when the child is to live with any person.
7 No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

I1010  Power of court to make section 8 orders.

1 In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if—
a an application for the order has been made by a person who—
i is entitled to apply for a section 8 order with respect to the child; or
ii has obtained the leave of the court to make the application; or
b the court considers that the order should be made even though no such application has been made.
2 The court may also make a section 8 order with respect to any child on the application of a person who—
a is entitled to apply for a section 8 order with respect to the child; or
b has obtained the leave of the court to make the application.
3 This section is subject to the restrictions imposed by section 9.
4 The following persons are entitled to apply to the court for any section 8 order with respect to a child—
a any parent , guardian or special guardian of the child;
aa any person who by virtue of section 4A has parental responsibility for the child;
b any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live.
5 The following persons are entitled to apply for a child arrangements order with respect to a child—
a any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;
aa any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;
b any person with whom the child has lived for a period of at least three years;
c any person who—
i in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live;
ii in any case where the child is in the care of a local authority, has the consent of that authority; or
iii in any other case, has the consent of each of those (if any) who have parental responsibility for the child.
d any person who has parental responsibility for the child by virtue of provision made under section 12(2A).
5A A local authority foster parent is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.
5B A relative of a child is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application.
5C This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—
a with whom the child concerned is to live, and
b when the child is to live with any person.
6 A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if—
a the order was made on his application; or
b in the case of a child arrangements order, he is named in provisions of the order regulating arrangements relating to—
i with whom the child concerned is to spend time or otherwise have contact, or
ii when the child is to spend time or otherwise have contact with any person.
7 Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person.
7A If a special guardianship order is in force with respect to a child, an application for a child arrangements order to which subsection (7B) applies may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.
7B This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a with whom the child concerned is to live, and
b when the child is to live with any person.
8 Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order.
9 Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to—
a the nature of the proposed application for the section 8 order;
b the applicant’s connection with the child;
c any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and
d where the child is being looked after by a local authority—
i the authority’s plans for the child’s future; and
ii the wishes and feelings of the child’s parents.
10 The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.

I1111  General principles and supplementary provisions.

1 In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) —
a draw up a timetable with a view to determining the question without delay; and
b give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
2 Rules of court may—
a specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and
b make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.
C123 Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.
F8784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Where—
a a child arrangements order has been made with respect to a child; and
b the child has two parents who each have parental responsibility for him,
theorder, so far as it has the result that there are times when the child lives or is to live with one of the parents, shall cease to have effect if the parents live together for a continuous period of more than six months.
6 A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, shall cease to have effect if the parents live together for a continuous period of more than six months.
7 A section 8 order may—
a contain directions about how it is to be carried into effect;
b impose conditions which must be complied with by any person—
i who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;
ii who is a parent of the child F884...;
iii who is not a parent of his but who has parental responsibility for him; or
iv with whom the child is living,
and to whom the conditions are expressed to apply;
c be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;
d make such incidental, supplemental or consequential provision as the court thinks fit.

11A F895... Activity directions

1 Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—
a a child arrangements order with respect to the child concerned, or
b an order varying or discharging a child arrangements order with respect to the child concerned.
1A The matters mentioned in this subsection are—
a with whom a child is to live,
b when a child is to live with any person,
c with whom a child is to spend time or otherwise have contact, and
d when a child is to spend time or otherwise have contact with any person.
2 The court may make an activity direction in connection with the provision that the court is considering whether to make.
2A Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—
a whether a person has failed to comply with a provision of a child arrangements order, or
b what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.
2B The court may make an activity direction in connection with that provision of the child arrangements order.
3 An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—
a that individual, or
b another individual who is a party to the proceedings.
4 The direction is to specify the activity and the person providing the activity.
5 The activities that may be so required include, in particular—
a programmes, classes and counselling or guidance sessions of a kind that—
i may assist a person as regards establishing, maintaining or improving involvement in a child's life;
ii may, by addressing a person's violent behaviour, enable or facilitate involvement in a child's life;
b sessions in which information or advice is given as regards making or operating arrangements for involvement in a child's life, including making arrangements by means of mediation.
6 No individual may be required by an activity direction—
a to undergo medical or psychiatric examination, assessment or treatment;
b to take part in mediation.
7 A court may not on the same occasion—
a make an activity direction under subsection (2) , and
b dispose finally of the proceedings as they relate to the matters mentioned in subsection (1A) in connection with which the activity direction is made.
8 Each of subsections (2) and (2B) has effect subject to the restrictions in sections 11B and 11E.
9 In considering whether to make anactivity direction, the welfare of the child concerned is to be the court's paramount consideration.
7A A court may not on the same occasion—
a make an activity direction under subsection (2B), and
b dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.

11B F904... Activity directions: further provision

1 A court may not make an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) unless there is a dispute as regards the provision about that matter that the court is considering whether to make in the proceedings.
2 A court may not make an activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision about a matter mentioned in section 11A(1A).
3 A court may not make an activity activity direction in connection with the making, variation or discharge of a child arrangements order , if thechild arrangements order is, or would if made be, an excepted order.
4 A child arrangements order with respect to a child is an excepted order if—
a it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or
b it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5).
5 An order falls within this subsection if it is—
a a relevant adoption order;
b an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child;
c a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made—
i by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or
ii by virtue of section 15(1)(aa) of that Act; or
iii by virtue of an application under section   30 of the Adoption and Children (Scotland) Act 2007 where subsection   (3) of that section applies; or
d a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child.
6 A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made—
a on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or
b on an application under section 51(2) of that Act.
7 A court may not make an activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales.

11C F905... Activity conditions

1 This section applies if in any family proceedings the court makes—
a a child arrangements order containing—
i provision for a child to live with different persons at different times,
ii provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or
iii provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or
b an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii).
2 The child arrangements order may impose, or the child arrangements order may be varied so as to impose, a condition (an “activity condition”) requiring an individual falling within subsection (3) to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—
a that individual, or
b another individual who is a party to the proceedings.
3 An individual falls within this subsection if he is—
a for the purposes of the child arrangements order so made or varied, a person with whom the child concerned lives or is to live;
b a person whose contact with the child concerned is provided for in that order; or
c a person upon whom that order imposes a condition under section 11(7)(b).
4 The condition is to specify the activity and the person providing the activity.
5 Subsections (5) and (6) of section 11A have effect as regards the activities that may be required by an activity condition as they have effect as regards the activities that may be required by an activity direction.
6 Subsection (2) has effect subject to the restrictions in sections 11D and 11E.

11D F914... Activity conditions: further provision

1 A child arrangements order may not impose an activity condition on an individual who is a child unless the individual is a parent of the child concerned.
2 If a child arrangements order is an excepted order (within the meaning given by section 11B(4)), it may not impose (and it may not be varied so as to impose) a an activity condition.
3 A child arrangements order may not impose an activity condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition ceases to be habitually resident in England and Wales.

11E F921...Activity directions and conditions: making

1 Before making an activity direction (or imposing an activity condition by means of a child arrangements order ), the court must satisfy itself as to the matters falling within subsections (2) to (4).
2 The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case.
3 The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity.
4 The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel.
5 Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him.
6 Information about the likely effect of the direction (or the condition) may, in particular, include information as to—
a any conflict with the individual's religious beliefs;
b any interference with the times (if any) at which he normally works or attends an educational establishment.
7 The court may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request.
8 In this section “ specified ” means specified in an activity direction (or in an activity condition).

11F F925... Activity directions and conditions: financial assistance

1 The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees.
2 An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child, not being a child ordinarily resident in Wales.
3 The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees.
4 An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child who is ordinarily resident in Wales.
5 A relevant charge or fee, in relation to an activity required by an activity direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity.
6 Regulations under this section may provide that no assistance is available to an individual unless—
a the individual satisfies such conditions as regards his financial resources as may be set out in the regulations;
b the activity in which the individual is required by an activity direction or condition to take part is provided to him in England or Wales;
c where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by an activity direction or condition;
d where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a an activity direction or condition.
7 Regulations under this section may make provision—
a as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a an activity direction or condition to take part;
b where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined;
c authorising payments by way of assistance to be made directly to persons providing activities required by an activity direction or condition.

11G F929... Activity directions and conditions: monitoring

1 This section applies if in any family proceedings the court—
a makes an activity direction in relation to an individual, or
b makes a child arrangements order that imposes, or varies a child arrangements order so as to impose, an activity condition on an individual.
2 The court may on making the direction (or imposing the condition by means of a child arrangements order ) ask an officer of the Service or a Welsh family proceedings officer—
a to monitor, or arrange for the monitoring of, the individual's compliance with the direction (or the condition);
b to report to the court on any failure by the individual to comply with the direction (or the condition).
3 It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).

11H Monitoring contact and shared residence

1 This section applies if in any family proceedings the court makes—
a a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or
b an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.
2 The court may ask an officer of the Service or a Welsh family proceedings officer—
a to monitor whether an individual falling within subsection (3) complies with each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied);
b to report to the court on such matters relating to the individual's compliance as the court may specify in the request.
3 An individual falls within this subsection if the child arrangements order so made (or the child arrangements order as so varied)—
za provides for the child concerned to live with different persons at different times and names the individual as one of those persons;
a imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;
b names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or
4 If the child arrangements order (or the child arrangements order as varied) includes an activity condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than the activity condition.
5 The court may make a request under subsection (2)—
a on making the child arrangements order(or the order varying the child arrangements order), or
b at any time during the subsequent course of the proceedings as they relate to contact with the child concerned or to the child's living arrangements.
6 In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months.
7 It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).
8 The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2).
9 But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made.
10 A court may not make a request under subsection (2) in relation to a child arrangements order that is an excepted order (within the meaning given by section 11B(4)).

11I Child arrangements orders: warning notices

Where the court makes (or varies) a child arrangements order, it is to attach to the child arrangements order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the child arrangements order.

11J Enforcement orders

1 This section applies if a child arrangements with respect to a child has been made.
2 If the court is satisfied beyond reasonable doubt that a person has failed to comply with a provision of the child arrangements order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.
3 But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the provision .
4 The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.
5 The court may make an enforcement order in relation to the child arrangements order only on the application of—
a a person who is, for the purposes of the child arrangements order , the person with whom the child concerned lives or is to live;
b a person whose contact with the child concerned is provided for in the child arrangements order ;
c any individual subject to a condition under section 11(7)(b) or an activity condition imposed by the child arrangements order ; or
d the child concerned.
6 Where the person proposing to apply for an enforcement order in relation to a child arrangements order is the child concerned, the child must obtain the leave of the court before making such an application.
7 The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
8 Subsection (2) has effect subject to the restrictions in sections 11K and 11L.
9 The court may suspend an enforcement order for such period as it thinks fit.
10 Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.
11 Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.
12 In Schedule A1—
a Part 1 makes provision as regards an unpaid work requirement;
b Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.
F94613 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11K Enforcement orders: further provision

1 A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—
a in the case of a failure to comply with a provision of a child arrangements order where the order was varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question;
b in any other case, a notice under section 11I relating to the child arrangements order.
2 A court may not make an enforcement order against a person in respect of any failure to comply with a provision of a child arrangementsorder occurring before the person attained the age of 18.
3 A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4)).
4 A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.

11L Enforcement orders: making

1 Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must be satisfied that—
a making the enforcement order proposed is necessary to secure the person's compliance with thechild arrangements order or any child arrangements order that has effect in its place;
b the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach F963....
2 Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.
3 Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.
4 Information about the likely effect of the enforcement order may, in particular, include information as to—
a any conflict with the person's religious beliefs;
b any interference with the times (if any) at which he normally works or attends an educational establishment.
5 A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).
6 It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.
7 In making an enforcement order in relation to a child arrangements order, a court must take into account the welfare of the child who is the subject of the contact order.

11M Enforcement orders: monitoring

1 On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer—
a to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order;
b to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person;
c to report to the court on such other matters relating to the person's compliance as may be specified in the request;
d to report to the court if the person is, or becomes, unsuitable to perform work under the requirement.
2 It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

11N Enforcement orders: warning notices

Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.

11O Compensation for financial loss

1 This section applies if a child arrangements order with respect to a child has been made.
2 If the court is satisfied that—
a an individual has failed to comply with a provision of the child arrangements order, and
b a person falling within subsection (6) has suffered financial loss by reason of the breach,
it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss.
3 But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the particular provision of the child arrangements order.
4 The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse.
5 An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss.
6 A person falls within this subsection if he is—
a a person who is, for the purposes of the child arrangements order, a person with whom the child concerned lives or is to live;
b a person whose contact with the child concerned is provided for in the child arrangements order;
c an individual subject to a condition under section 11(7)(b) or an activity condition imposed by the contact order; or
d the child concerned.
7 Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.
8 The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
9 The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss.
10 In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances.
11 An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him.
12 Subsection (2) has effect subject to the restrictions in section 11P.
13 Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.
14 In exercising its powers under this section, a court is to take into account the welfare of the child concerned.

11P Orders under section 11O(2): further provision

1 A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—
a in the case of a failure to comply with a provision of a child arrangements order where the orderwas varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question;
b in any other case, a notice under section 11I relating to the child arrangements order.
2 A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the failure occurred before the individual attained the age of 18.
3 A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4)).

I1212 Child arrangements orders and parental responsibility.

1 Where—
a the court makes a child arrangements order with respect to a child,
b the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and
c the father, or the woman, would not otherwise have parental responsibility for the child,
the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.
1A Where—
a the court makes a child arrangements order with respect to a child,
b the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and
c the father, or the woman, would not otherwise have parental responsibility for the child,
the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.
2 Where the court makes a child arrangements order and a person who is not a parent or guardian of the child concerned is named in the order as a person with whom the child is to live, that person shall have parental responsibility for the child while the order remains in force so far as providing for the child to live with that person.
2A Where the court makes a child arrangements order and—
a a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but
b the person is not named in the order as a person with whom the child is to live,
the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.
3 Where a person has parental responsibility for a child as a result of subsection (2) or (2A) , he shall not have the right—
a F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b to agree, or refuse to agree, to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002, with respect to the child; or
c to appoint a guardian for the child.
4 Where subsection (1) F983... requires the court to make an order under section 4 or 4ZA in respect of aparent of a child, the court shall not bring that order to an end at any time while the child arrangements order concerned remains in force so far as providing for the child to live with that parent.
5 F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1313  Change of child’s name or removal from jurisdiction.

1 Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may—
a cause the child to be known by a new surname; or
b remove him from the United Kingdom;
without either the written consent of every person who has parental responsibility for the child or the leave of the court.
2 Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by a person named in the child arrangements order as a person with whom the child is to live .
3 In making a child arrangements order to which subsection (4) applies, the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.
4 This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a with whom the child concerned is to live, and
b when the child is to live with any person.

F99314  Enforcement of residence orders.

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F68Special guardianship

F5714A  Special guardianship orders

1 A “ special guardianship order ” is an order appointing one or more individuals to be a child’s “ special guardian ” (or special guardians).
2 A special guardian—
a must be aged eighteen or over; and
b must not be a parent of the child in question,
and subsections (3) to (6) are to be read in that light.
3 The court may make a special guardianship order with respect to any child on the application of an individual who—
a is entitled to make such an application with respect to the child; or
b has obtained the leave of the court to make the application,
or on the joint application of more than one such individual.
4 Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order.
5 The individuals who are entitled to apply for a special guardianship order with respect to a child are—
a any guardian of the child;
b any individual who is named in a child arrangements order as a person with whom the child is to live;
c any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section);
d a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.;
e a relative with whom the child has lived for a period of at least one year immediately preceding the application.
6 The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if—
a an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or
b the court considers that a special guardianship order should be made even though no such application has been made.
C137 No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application—
a if the child in question is being looked after by a local authority, to that local authority, or
b otherwise, to the local authority in whose area the individual is ordinarily resident.
8 On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with—
a the suitability of the applicant to be a special guardian;
b such matters (if any) as may be prescribed by the Secretary of State; and
c any other matter which the local authority consider to be relevant.
9 The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so.
10 The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9).
11 The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).
12 Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.
13 This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.

F5914B  Special guardianship orders: making

1 Before making a special guardianship order, the court must consider whether, if the order were made—
a a child arrangements order containing contact provision should also be made with respect to the child, F60. . .
b any section 8 order in force with respect to the child should be varied or discharged.
c where a provision contained in a child arrangements order made with respect to the child is not discharged, any enforcement order relating to that provision should be revoked, and
d where an activity direction has been made—
i in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or
ii in other proceedings that relate to such an order,
that direction should be discharged.
1A In subsection (1) “contact provision” means provision which regulates arrangements relating to—
a with whom a child is to spend time or otherwise have contact, or
b when a child is to spend time or otherwise have contact with any person;
but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.
2 On making a special guardianship order, the court may also—
a give leave for the child to be known by a new surname;
b grant the leave required by section 14C(3)(b), either generally or for specified purposes.

F6214C  Special guardianship orders: effect

1 The effect of a special guardianship order is that while the order remains in force—
a a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and
C14b subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian).
2 Subsection (1) does not affect—
a the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or
b any rights which a parent of the child has in relation to the child’s adoption or placement for adoption.
C153 While a special guardianship order is in force with respect to a child, no person may—
a cause the child to be known by a new surname; or
b remove him from the United Kingdom,
without either the written consent of every person who has parental responsibility for the child or the leave of the court.
C154 Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his.
5 If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to—
a each parent of the child with parental responsibility; and
b each guardian of the child,
but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian.
6 This section is subject to section 29(7) of the Adoption and Children Act 2002.

F6314D  Special guardianship orders: variation and discharge

1 The court may vary or discharge a special guardianship order on the application of—
a the special guardian (or any of them, if there are more than one);
b any parent or guardian of the child concerned;
c any individual who is named in a child arrangements order as a person with whom the child is to live;
d any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;
e the child himself; or
f a local authority designated in a care order with respect to the child.
2 In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1).
3 The following must obtain the leave of the court before making an application under subsection (1)—
a the child;
b any parent or guardian of his;
c any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;
d any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.
4 Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1).
5 The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order.

F6414E  Special guardianship orders: supplementary

1 In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b))—
a draw up a timetable with a view to determining the question without delay; and
b give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.
2 Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises.
3 The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that.
4 A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period.
5 Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders.

F65C10814F  Special guardianship support services

1 Each local authority must make arrangements for the provision within their area of special guardianship support services, which means—
a counselling, advice and information; and
b such other services as are prescribed,
in relation to special guardianship.
2 The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.
3 At the request of any of the following persons—
a a child with respect to whom a special guardianship order is in force;
b a special guardian;
c a parent;
d any other person who falls within a prescribed description,
a local authority may carry out an assessment of that person’s needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).
4 A local authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services.
5 Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person.
6 If—
a a local authority decide to provide any special guardianship support services to a person, and
b the circumstances fall within a prescribed description,
the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review.
7 The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services.
8 The regulations may in particular make provision—
a about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out;
b about the way in which a plan is to be prepared;
c about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed;
d about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan;
e as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support);
f as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided);
g as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area;
h as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person.
9 A local authority may provide special guardianship support services (or any part of them) by securing their provision by—
a another local authority; or
b a person within a description prescribed in regulations of persons who may provide special guardianship support services,
and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section.
10 A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment.
11 Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority in England under this section as it applies in relation to the exercise of functions of a local authority under Part 3 and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies.

F6614G  Special guardianship support services: representations

1 Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him.
2 Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).
3 In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.

Financial relief

I1415  Orders for financial relief with respect to children.

1 Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of section 6 of Family Law Reform Act 1969 the Guardianship of Minors Acts 1971 and 1973, the M8Children Act 1975 and of sections 15 and 16 of the M9Family Law Reform Act 1987) makes provision in relation to financial relief for children.
F10022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Family assistance orders

I1516  Family assistance orders.

1 Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring—
a an officer of the Serviceor a Welsh family proceedings officer to be made available; or
b a local authority to make an officer of the authority available,
to advise, assist and (where appropriate) befriend any person named in the order.
2 The persons who may be named in an order under this section (“a family assistance order”) are—
a any parent , guardian or special guardian of the child;
b any person with whom the child is living or who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;
c the child himself.
3 No court may make a family assistance order unless—
a F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b it has obtained the consent of every person to be named in the order other than the child.
4 A family assistance order may direct—
a the person named in the order; or
b such of the persons named in the order as may be specified in the order,
to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.
4A If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a contact provision contained in a child arrangements order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.
4B In subsection (4A) “ contact provision ” means provision which regulates arrangements relating to—
a with whom a child is to spend time or otherwise have contact, or
b when a child is to spend time or otherwise have contact with any person.
5 Unless it specifies a shorter period, a family assistance order shall have effect for a period of twelve months beginning with the day on which it is made.
6 If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).
7 A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—
a the authority agree; or
b the child concerned lives or will live within their area.
F778 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F779 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16A Risk assessments

1 This section applies to the following functions of officers of the Service or Welsh family proceedings officers—
a any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;
b any function in connection with an order made by the court in such proceedings.
2 If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—
a make a risk assessment in relation to the child, and
b provide the risk assessment to the court.
3 A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

Application to local authorities in England

16B Application to local authorities in England

1 This Part applies in relation to local authorities in England.
2 Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.

Provision of services for children and their families

C16I16C1717  Provision of services for children in need, their families and others.

1 It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)—
a to safeguard and promote the welfare of children within their area who are in need; and
b so far as is consistent with that duty, to promote the upbringing of such children by their families,
by providing a range and level of services appropriate to those children’s needs.
2 For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2.
3 Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare.
4 The Secretary of State may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.
4A Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
a ascertain the child’s wishes and feelings regarding the provision of those services; and
b give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
5 Every local authority—
a shall facilitate the provision by others (including in particular voluntary organisations) of services which it is a function of the authority to provide by virtue of this section, or section 18, 20, 22A to 22C, 23B to 23D, 24A or 24B; and
b may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.
6 The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or F812. . . in cash.
7 Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).
8 Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.
9 No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit, of an income-based jobseeker's allowance or of an income-related employment and support allowance.
10 For the purposes of this Part a child shall be taken to be in need if—
a he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
b his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
c he is disabled,
and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.
11 For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part—
  • “development” means physical, intellectual, emotional, social or behavioural development; and
  • “health” means physical or mental health.
12 The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.
13 The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.

17ZA  Young carers' needs assessments F1174 ...

1 A local authority F1175 ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if—
a it appears to the authority that the young carer may have needs for support, or
b the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support.
2 An assessment under subsection (1) is referred to in this Part as a “young carer's needs assessment”.
3 In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)).
4 Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for.
5 But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment.
6 “Care-related assessment” means—
a a young carer's needs assessment;
b an assessment under any of the following—
i section 1 of the Carers (Recognition and Services) Act 1995;
ii section 1 of the Carers and Disabled Children Act 2000;
F1404iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv Part 1 of the Care Act 2014.
7 A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes.
8 A local authority, in carrying out a young carer's needs assessment, must have regard to—
a the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and
b the extent to which the young carer works or wishes to work.
9 A local authority, in carrying out a young carer's needs assessment, must involve—
a the young carer,
b the young carer's parents, and
c any person who the young carer or a parent of the young carer requests the authority to involve.
10 A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to—
a the young carer,
b the young carer's parents, and
c any person to whom the young carer or a parent of the young carer requests the authority to give a copy.
11 Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need.
12 A local authority F1176 ... must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support.

17ZB Young carers' needs assessments: supplementary

1 This section applies for the purposes of section 17ZA.
2 “ Parent ”, in relation to a young carer, includes—
a a parent of the young carer who does not have parental responsibility for the young carer, and
b a person who is not a parent of the young carer but who has parental responsibility for the young carer.
3 A person is not a young carer if the person provides or intends to provide care—
a under or by virtue of a contract, or
b as voluntary work.
4 But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case).
5 The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support.
6 Where a local authority—
a are required to carry out a young carer's needs assessment, and
b are required or have decided to carry out some other assessment of the young carer or of the person cared for;
the local authority may, subject to subsection (7), combine the assessments.
7 A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree.
8 The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular—
a specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment;
b specify matters which a local authority is to determine in carrying out a young carer's needs assessment;
c make provision about the manner in which a young carer's needs assessment is to be carried out;
d make provision about the form a young carer's needs assessment is to take.
9 The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to—
a add an entry,
b remove an entry, or
c vary an entry.

17ZC Consideration of young carers' needs assessments

A local authority that carry out a young carer's needs assessment must consider the assessment and decide—
a whether the young carer has needs for support in relation to the care which he or she provides or intends to provide;
b if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
c if they could be so satisfied, whether or not to provide any such services in relation to the young carer.

17ZD  Parent carers' needs assessments F1177 ...

1 A local authority F1178 ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.
2 In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.
3 The first condition is that—
a it appears to the authority that the parent carer may have needs for support, or
b the authority receive a request from the parent carer to assess the parent carer's needs for support.
4 The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17.
5 An assessment under subsection (1) is referred to in this Part as a “parent carer's needs assessment”.
6 Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.
7 But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.
8 “Care-related assessment” means—
a a parent carer's needs assessment;
b an assessment under any of the following—
i section 1 of the Carers (Recognition and Services) Act 1995;
ii section 6 of the Carers and Disabled Children Act 2000;
F1405iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv Part 1 of the Care Act 2014.
9 A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes.
10 A local authority in carrying out a parent carer's needs assessment must have regard to—
a the well-being of the parent carer, and
b the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.
11 In subsection (10) “well-being” has the same meaning as in Part 1 of the Care Act 2014.
12 A local authority, in carrying out a parent carer's needs assessment, must involve—
a the parent carer,
b any child for whom the parent carer has parental responsibility, and
c any person who the parent carer requests the authority to involve.
13 A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to—
a the parent carer, and
b any person to whom the parent carer requests the authority to give a copy.
14 A local authority F1179 ... must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support.

17ZE Parent carers' needs assessments: supplementary

1 This section applies for the purposes of section 17ZD.
2 The references in section 17ZD to providing care include a reference to providing practical or emotional support.
3 Where a local authority—
a are required to carry out a parent carer's needs assessment, and
b are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for,
the local authority may combine the assessments.
4 The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular—
a specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment;
b specify matters which a local authority is to determine in carrying out a parent carer's needs assessment;
c make provision about the manner in which a parent carer's needs assessment is to be carried out;
d make provision about the form a parent carer's needs assessment is to take.
5 The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to—
a add an entry,
b remove an entry, or
c vary an entry.

17ZF Consideration of parent carers' needs assessments

A local authority that carry out a parent carer's needs assessment must consider the assessment and decide—
a whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide;
b whether the disabled child cared for has needs for support;
c if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
d if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.

17ZG Section 17 services: continued provision where EHC plan maintained

1 This section applies where, immediately before a child in need reaches the age of 18—
a a local authority F1180 ... is providing services for the child in the exercise of functions conferred by section 17, and
b an EHC plan is maintained for the child.
2 The local authority may continue to provide services for the child in the exercise of those functions after the child reaches the age of 18, but may not continue to do so after the EHC plan has ceased to be maintained , except in so far as the authority is required to do so under section 17ZH or 17ZI.
3 In this section “ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014.

17ZH Section 17 services: transition for children to adult care and support

1 Subsections (2) to (4) apply where a local authority F1181... providing services for a child in need in the exercise of functions conferred by section 17—
a are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or
b are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.
2 If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.
3 If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
a they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and
b they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.
4 If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—
a they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or
b having decided that the duty applies and having discharged it, they reach a conclusion in his case.
5 Subsection (6) applies where a local authority F1182... providing services for a child in need in the exercise of functions conferred by section 17—
a receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but
b have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.
6 If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—
a they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
b having decided that the duty applies and having discharged it, they reach a conclusion in his case.
7 A local authority reach a conclusion in a person's case when—
a they conclude that he does not have needs for care and support or for support (as the case may be), or
b having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or
c having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).
8 In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.

17ZI Section 17 services: provision after EHC plan no longer maintained

1 This section applies where a local authority F1183 ... providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case.
2 If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case.
3 The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7).
4 In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.

17A Direct payments

1 The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.
2 A person falls within this subsection if he is—
a a person with parental responsibility for a disabled child,
b a disabled person with parental responsibility for a child, or
c a disabled child aged 16 or 17,
and a local authority (“ the responsible authority ”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.
3 Regulations under this section may, in particular, make provision—
a specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2);
b for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments;
c for the responsible authority to make for the purposes of subsection (3A) or (3B) such determination as to—
i the payee’s means, and
ii the amount (if any) which it would be reasonably practicable for the payee to pay to the authority by way of reimbursement or contribution,
as may be prescribed;
d as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);
e specifying circumstances in which the responsible authority—
i may or must terminate the making of direct payments,
ii may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments;
f for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;
g displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2) only to such extent, and subject to such conditions, as may be prescribed;
h authorising direct payments to be made to any prescribed person on behalf of the payee;
j as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;
k as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;
l specifying circumstances in which a person who has fallen within subsection (3D) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (3D) for purposes of this section or for purposes of regulations under this section.
3A For the purposes of subsection (3)(b) “gross payments” means payments—
a which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but
b which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.
3B For the purposes of subsection (3)(b) “net payments” means payments—
a which are made on the basis that the payee will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and
b which are accordingly made at such a rate below that mentioned in subsection (3A)(a) as reflects any such contribution by the payee.
3C Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.
3D A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.
4 Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—
a the payments shall be made at the rate mentioned in subsection (3A)(a); and
b subsection (3A)(b) shall not apply.
5 A person falls within this subsection if he is—
a a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or
b a person who is in receipt of of universal credit (except in such circumstances as may be prescribed), income support F88... under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) , of any element of child tax credit other than the family element, of working tax credit, of an income-based jobseeker's allowance or of an income-related employment and support allowance .
6 In this section—
  • F1134...
  • “disabled” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;
  • “prescribed” means specified in or determined in accordance with regulations under this section F1135...

F1173 17B   Vouchers for persons with parental responsibility for disabled children : Wales.

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I1718  Day care for pre-school and other children.

1 Every local authority shall provide such day care for children in need within their area who are—
a aged five or under; and
b not yet attending schools,
as is appropriate.
F11842 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 A local authority may provide facilities (including training, advice, guidance and counselling) for those—
a caring for children in day care; or
b who at any time accompany such children while they are in day care.
4 In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis).
5 Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate—
a outside school hours; or
b during school holidays.
F11856 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In this section “supervised activity” means an activity supervised by a responsible person.

I18 19   Review of provision for day care, child minding etc.

1 Every local authority in England and Wales shall review—
a the provision which they make under section 18;
b the extent to which the services of child minders are available within their area with respect to children under the age of eight; and
c the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under Part XA.
2 A review under subsection (1) shall be conducted—
a together with the appropriate local education authority; and
b at least once in every review period.
3 Every local authority in Scotland shall, at least once in every review period, review—
a the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and
b the extent to which the services of child minders are available within their area with respect to children under the age of eight.
4 In conducting any such review, the two authorities or, in Scotland,the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.
5 In this section—
  • “relevant establishment” means—
    1. in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and
    2. in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);
  • “ review period ” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.
6 Where a local authority have conducted a review under this section they shall publish the result of the review—
a as soon as is reasonably practicable;
b in such form as they consider appropriate; and
c together with any proposals they may have with respect to the matters reviewed.
7 The authorities conducting any review under this section shall have regard to—
a any representations made to any one of them by any relevant Health Authority, Special Health Authority, Primary Care Trustor health board; and
b any other representations which they consider to be relevant.
8 In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the M10 National Health Service (Scotland) Act 1978.

Provision of accommodation for children

I1920  Provision of accommodation for children: general.

1 Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—
a there being no person who has parental responsibility for him;
b his being lost or having been abandoned; or
c the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.
2 Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—
a three months of being notified in writing that the child is being provided with accommodation; or
b such other longer period as may be prescribed in regulations made by the Secretary of State.
2A Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc. ) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—
a three months of being notified in writing that the child is being provided with accommodation; or
b such other longer period as may be prescribed in regulations made by the Secretary of State.
3 Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.
4 A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.
5 A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.
6 Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
a ascertain the child’s wishes and feelings regarding the provision of accommodation; and
b give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
7 A local authority may not provide accommodation under this section for any child if any person who—
a has parental responsibility for him; and
b is willing and able to—
i provide accommodation for him; or
ii arrange for accommodation to be provided for him,
objects.
C188 Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section.
9 Subsections (7) and (8) do not apply while any person—
a who is named in a child arrangements order as a person with whom the child is to live;
aa who is a special guardian of the child; or
b who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,
agrees to the child being looked after in accommodation provided by or on behalf of the local authority.
10 Where there is more than one such person as is mentioned in subsection (9), all of them must agree.
11 Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section.

I2021  Provision of accommodation for children in police protection or detention or on remand, etc.

1 Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.
2 Every local authority shall receive, and provide accommodation for, children—
a in police protection whom they are requested to receive under section 46(3)(f);
b whom they are requested to receive under section 38(6) of the M11Police and Criminal Evidence Act 1984;
c who are—
F815i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ia remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc. of referral orders and reparation orders);
ii remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc. of youth rehabilitation orders); F101 . . .
iia remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);
iii the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,
and with respect to whom they are the designated authority.
2A In subsection (2)(c)(iii)—
  • “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;
  • “youth rehabilitation order” has the meaning given by section 173 of that Code;
  • “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.
3 Where a child has been—
a removed under Part V; or
b detained under section 38 of the Police and Criminal Evidence Act 1984,
and he is not being provided with accommodation by a local authority or by a local authority in Wales or in a hospital vested in the Secretary of State or , the Welsh Ministers F819..., or otherwise made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or a Health Authority Local Health Board F819..., any reasonable expenses of accommodating him shall be recoverable from the local authority , or local authority in Wales, in whose area he is ordinarily resident.

Duties of local authorities in relation to children looked after by them

I21C1922  General duty of local authority in relation to children looked after by them.

1 In this section, any reference to a child who is looked after by a local authority is a reference to a child who is—
a in their care; or
b provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which are social services functions within the meaning of the M12Local Authority Social Services Act 1970 , apart from functions under sections 17 23B and 24B.
2 In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
3 It shall be the duty of a local authority looking after any child—
a to safeguard and promote his welfare; and
b to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
3A The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.
3B A local authority F1191 ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).
3C A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority F1192 ....
4 Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
a the child;
C20C21b his parents;
C20C22c any person who is not a parent of his but who has parental responsibility for him; and
C20d any other person whose wishes and feelings the authority consider to be relevant,
regarding the matter to be decided.
5 In making any such decision a local authority shall give due consideration—
a having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
C20C23b to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
c to the child’s religious persuasion, racial origin and cultural and linguistic background.
6 If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.
7 If the Secretary of State considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, the Secretary of State may give such directions to the authority.
8 Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.

F110723  Provision of accommodation and maintenance by local authority for children whom they are looking after.

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F1149 22A  Provision of accommodation for children in care

When a child is in the care of a local authority, it is their duty to provide the child with accommodation.

F1149 22B  Maintenance of looked after children

It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.

C9922C  Ways in which looked after children are to be accommodated and maintained

1 This section applies where a local authority are looking after a child (“C”).
2 The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).
3 A person (“P”) falls within this subsection if—
a P is a parent of C;
b P is not a parent of C but has parental responsibility for C; or
c in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was a person named in the child arrangements order as a person with whom C was to live.
4 Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—
a would not be consistent with C's welfare; or
b would not be reasonably practicable.
5 If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.
6 In subsection (5) “ placement ” means—
a placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;
b placement with a local authority foster parent who does not fall within paragraph (a);
c placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2); or
d subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.
7 In determining the most appropriate placement for C, the local authority must, subject to subsection (9B) and the other provisions of this Part (in particular, to their duties under section 22)—
a give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;
b comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and
c comply with subsection (9) unless that is not reasonably practicable.
8 The local authority must ensure that the placement is such that—
a it allows C to live near C's home;
b it does not disrupt C's education or training;
c if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;
d if C is disabled, the accommodation provided is suitable to C's particular needs.
9 The placement must be such that C is provided with accommodation within the local authority's area.
9A Subsection (9B) applies (subject to subsection (9C)) where the local authority F1195 ...—
a are considering adoption for C, or
b are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.
9B Where this subsection applies—
a subsections (7) to (9) do not apply to the local authority,
b the local authority must consider placing C with an individual within subsection (6)(a), and
c where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.
9C Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.
10 The local authority may determine—
a the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and
b the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).
11 The Secretary of State may make regulations for, and in connection with, the purposes of this section.
12 For the meaning of “local authority foster parent” see section 105(1).

C100 F1149 22D  Review of child's case before making alternative arrangements for accommodation

1 Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.
2 But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—
a to make such arrangements; and
b to do so as a matter of urgency.

22E Children’s homes provided by Secretary of State or Welsh Ministers

Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.

F1149 22F  Regulations as to children looked after by local authorities

Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).

22G General duty of local authority to secure sufficient accommodation for looked after children

1 It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).
2 The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—
a is within the authority's area; and
b meets the needs of those children.
3 The children referred to in subsection (2) are those—
a that the local authority are looking after,
b in respect of whom the authority are unable to make arrangements under section 22C(2), and
c whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.
4 In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—
a a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and
b a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.
5 In this section “ accommodation providers ” means—
  • local authority foster parents; and
  • children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.

Educational achievement of previously looked after children

23ZZA Information and advice for promoting educational achievement

1 A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.
2 The advice and information must be made available to—
a any person who has parental responsibility for the child,
b the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and
c any other person that the local authority consider appropriate.
3 A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.
4 A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).
5 The person appointed for that purpose must be an officer employed by the authority or another local authority in England.
6 In this section—
“relevant child” means—
  1. a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—
    1. a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,
    2. a special guardianship order, or
    3. an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or
  2. a child who appears to the local authority—
    1. to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and
    2. to have ceased to be in that state care as a result of being adopted.
7 For the purposes of this section a child is educated in a local authority's area if—
a the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or
b the child is of compulsory school age and—
i the child attends a school in the local authority's area, or
ii if the child does not attend school, the child receives all or most of his or her education in the local authority's area.
8 For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—
a a public authority,
b a religious organisation, or
c any other organisation the sole or main purpose of which is to benefit society.

Visiting

23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others

1 This section applies to—
a a child looked after by a local authority;
b a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.
2 It is the duty of the local authority—
a to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
b to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
3 The duties imposed by subsection (2)—
a are to be discharged in accordance with any regulations made for the purposes of this section by the Secretary of State;
b are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.
4 Regulations under this section for the purposes of subsection (3)(a) may make provision about—
a the frequency of visits;
b circumstances in which a person to whom this section applies must be visited by a representative; and
c the functions of a representative.
5 In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.

23ZB  Independent visitors for children looked after by a local authority

1 A local authority looking after a child must appoint an independent person to be the child's visitor if—
a the child falls within a description prescribed in regulations made by the Secretary of State; or
b in any other case, it appears to them that it would be in the child's interests to do so.
2 A person appointed under this section must visit, befriend and advise the child.
3 A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.
4 A person's appointment as a visitor in pursuance of this section comes to an end if—
a the child ceases to be looked after by the local authority;
b the person resigns the appointment by giving notice in writing to the appointing authority; or
c the authority give him notice in writing that they have terminated it.
5 The ending of such an appointment does not affect any duty under this section to make a further appointment.
6 Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—
a the child objects to it; and
b the authority are satisfied that the child has sufficient understanding to make an informed decision.
7 Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—
a the child objects to its continuing; and
b the authority are satisfied that the child has sufficient understanding to make an informed decision.
8 If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.
9 The Secretary of State may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.

Advice and assistance for certain children and young persons

23A  The responsible authority and relevant children.

1 The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.
C24 2 In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—
a is not being looked after by any local authority in England or by any local authority in Wales;
b was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and
c is aged sixteen or seventeen.
3 The Secretary of State may prescribe—
a additional categories of relevant children; and
b categories of children who are not to be relevant children despite falling within subsection (2).
4 In subsection (1) the “ responsible local authority ” is the one which last looked after the child.
5 If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children.

23B  Additional functions of the responsible authority in respect of relevant children.

1 It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.
2 It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).
3 It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—
a to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and
b to prepare a pathway plan for him.
F118 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—
a maintaining him;
b providing him with or maintaining him in suitable accommodation; and
c providing support of such other descriptions as may be prescribed.
9 Support under subsection (8) may be in cash.
10 The Secretary of State may by regulations make provision about the meaning of “ suitable accommodation ” and in particular about the suitability of landlords or other providers of accommodation.
11 If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay—
a consider how to re-establish contact; and
b take reasonable steps to do so,
and while the child is still a relevant child must continue to take such steps until they succeed.
12 Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.
13 Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.

C25 23C   Continuing functions in respect of former relevant children.

1 Each local authority shall have the duties provided for in this section towards—
a a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and
b a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child,
and in this section such a person is referred to as a “ former relevant child ”.
2 It is the duty of the local authority to take reasonable steps—
a to keep in touch with a former relevant child whether he is within their area or not; and
b if they lose touch with him, to re-establish contact.
3 It is the duty of the local authority—
a to continue the appointment of a personal adviser for a former relevant child; and
b to continue to keep his pathway plan under regular review.
4 It is the duty of the local authority to give a former relevant child—
a assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;
b assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;
c other assistance, to the extent that his welfare requires it.
5 The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.
5A It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.
5B The Secretary of State may by regulations—
a prescribe the relevant amount for the purposes of subsection (5A);
b prescribe the meaning of “higher education” for those purposes;
c make provision as to the payment of the relevant amount;
d make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.
5C The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).
6 Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one.
7 If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—
a the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and
b the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.
8 For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable.
9 Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) or who is in receipt of a payment under subsection (5A) as it applies in relation to a person to whom section 24B(3) applies.
10 Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section.

23CZA Arrangements for certain former relevant children to continue to live with former foster parents

1 Each local authority F1205 ... have the duties provided for in subsection (3) in relation to a staying put arrangement.
2 A “staying put arrangement” is an arrangement under which—
a a person who is a former relevant child by virtue of section 23C(1)(b), and
b a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority,
continue to live together after the former relevant child has ceased to be looked after.
3 It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)—
a to monitor the staying put arrangement, and
b to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement.
4 Support provided to the former foster parent under subsection (3)(b) must include financial support.
5 Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child.
6 The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.

23CZB England: further advice and support

1 This section applies to a former relevant child if—
a he or she has reached the age of 21 but not the age of 25, and
b a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).
2 If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).
3 The local authority must provide the former relevant child with a personal adviser until the former relevant child—
a reaches the age of 25, or
b if earlier, informs the local authority that he or she no longer wants a personal adviser.
4 The local authority must—
a carry out an assessment in relation to the former relevant child under subsection (5), and
b prepare a pathway plan for the former relevant child.
5 An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—
a whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and
b if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.
6 The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).
7 Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—
a as soon as possible after he or she reaches the age of 21, and
b at least once in every 12 months.
8 In this section “former relevant child” has the meaning given by section 23C(1).

23CA  Further assistance to pursue education or training

1 This section applies to a person if—
a he is under the age of twenty-five or of such lesser age as may be prescribed by the Secretary of State;
b he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and
c he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.
2 It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.
3 It is the duty of the responsible local authority—
a to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and
b to prepare a pathway plan for him.
4 It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.
5 The kinds of assistance are—
a contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or
b making a grant to enable him to meet expenses connected with his education and training.
6 If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.
7 For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.
8 Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.
9 Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.
10 Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a).
11 In this section “ the responsible local authority ” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him.

Personal advisers and pathway plans

23D  Personal advisers.

1 The Secretary of State may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of twenty-five who are not—
a children who are relevant children for the purposes of section 23A;
b the young persons referred to in section 23C; or
c the children referred to in paragraph 19C of Schedule 2.; or
“ persons to whom section 23CA applies.
2 Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the Secretary of State prescribes.
3 Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.
4 Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).

23E  Pathway plans.

1 In this Part, a reference to a “ pathway plan ” is to a plan setting out—
a in the case of a plan prepared under paragraph 19B of Schedule 2—
i the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and
ii when they might cease to look after him;
aa in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide; and
b in the case of a plan prepared under section 23B or 23CA , the advice, assistance and support which the local authority intend to provide under this Part,
and dealing with such other matters (if any) as may be prescribed in regulations made by the Secretary of State.
1ZA A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).
1A A local authority may carry out an assessment under section 23B(3) , 23CZB(5) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—
a the Chronically Sick and Disabled Persons Act 1970;
b Part 4 of the Education Act 1996 or Part 3 of the Children and Families Act 2014 (in the case of an assessment under section 23B(3));
ba Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
c the Disabled Persons (Services, Consultation and Representation) Act 1986; or
d any other enactment.
1B The Secretary of State may by regulations make provision as to assessments for the purposes of section 23B(3) , 23CZB(5) or 23CA.
1C Regulations under subsection (1B) may in particular make provision about—
a who is to be consulted in relation to an assessment;
b the way in which an assessment is to be carried out, by whom and when;
c the recording of the results of an assessment;
d the considerations to which a local authority are to have regard in carrying out an assessment.
1D A local authority shall keep each pathway plan prepared by them under section 23B , 23CZB or 23CA under review.
2 The Secretary of State may by regulations make provision about pathway plans and their review.

24  Persons qualifying for advice and assistance.

1 In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies.
1A This subsection applies to a person—
a who has reached the age of sixteen but not the age of twenty-one;
b with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and
c who was, immediately before the making of that order, looked after by a local authority.
1B This subsection applies to a person to whom subsection (1A) does not apply, and who—
a is under twenty-one; and
b at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.
2 In subsection (1B)(b), “looked after, accommodated or fostered” means—
a looked after by a local authority (without subsequently being looked after by a local authority in Wales);
b accommodated by or on behalf of a voluntary organisation;
C26c accommodated in a private children’s home;
d accommodated for a consecutive period of at least three months—
i by any Local Health Board, Special Health Authority F821 ... or by a local authority in the exercise of education functions, or
C26ii in any care home or independent hospital or in any accommodation provided pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by a National Health Service trust or an NHS foundation trust , or by a local authority in Wales in the exercise of education functions; or
e privately fostered.
3 Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.
4 In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B.
5 In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“ the relevant authority ”) is—
za in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State;
a in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or
b in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B).

C27 24A   Advice and assistance.

1 The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.
2 The conditions are that—
a he needs help of a kind which they can give under this section or section 24B; and
b in the case of a person to whom section 24(1A) applies, or to whom section 24(1B) applies and who was not being looked after by any local authority or local authority in Wales, they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.
3 If the conditions are satisfied—
a they shall advise and befriend him if he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and he was being looked after by a local authority (without subsequently being looked after by a local authority in Wales) or was accommodated by or on behalf of a voluntary organisation; and
b in any other case they may do so.
4 Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.
5 The assistance may be in kind and, in exceptional circumstances, assistance may be given—
a by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or
b in cash.
6 Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.

C28 24B   Employment, education and training.

1 The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.
2 The relevant local authority may give assistance to a person to whom subsection (3) applies by—
a contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or
b making a grant to enable him to meet expenses connected with his education or training.
3 This subsection applies to any person who—
a is under twenty-five ; and
b qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a), or would have done so if he were under twenty-one.
4 Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.
5 Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—
a providing him with suitable accommodation during the vacation; or
b paying him enough to enable him to secure such accommodation himself.
6 The Secretary of State may prescribe the meaning of “ full-time ”, “ further education ”, “ higher education ” and “ vacation ” for the purposes of subsection (5).

24C Information.

1 Where it appears to a local authority that a person—
a with whom they are under a duty to keep in touch under section 23B, 23C or 24; or
b whom they have been advising and befriending under section 24A; or
c to whom they have been giving assistance under section 24B,
proposes to live, or is living, in the area of another local authority , or in the area of a local authority in Wales, they must inform that other authority.
2 Where a child who is accommodated in England—
a by a voluntary organisation or in a private children’s home;
b by or on behalf of any Local Health Board or Special Health Authority;
c by or on behalf of an integrated care board or NHS England;
d by or on behalf of a local authority in the exercise of education functions;
e by or on behalf of a local authority in Wales in the exercise of education functions;
f in any care home or independent hospital; or
g in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust,
ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live.
3 Subsection (2) only applies, by virtue of any of paragraphs (b) to (g), if the accommodation has been provided for a consecutive period of at least three months.
4 In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live.

24D Representations: sections 23A to 24B.

1 Every local authority shall establish a procedure for considering representations (including complaints) made to them by—
a a relevant child for the purposes of section 23A or a young person falling within section 23C;
b a person qualifying for advice and assistance; or
c a person falling within section 24B(2),
about the discharge of their functions under this Part in relation to him.
1A Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).
2 In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.

Secure accommodation

I22E2C29C103C102C107 25   Use of accommodation for restricting liberty.

1 Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not be placed, and, if placed, may not be kept, in accommodation in England or Scotland provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—
a that—
i he has a history of absconding and is likely to abscond from any other description of accommodation; and
ii if he absconds, he is likely to suffer significant harm; or
b that if he is kept in any other description of accommodation he is likely to injure himself or other persons.
2 The Secretary of State may by regulations—
a specify a maximum period—
i beyond which a child may not be kept in secure accommodation in England or Scotland without the authority of the court; and
ii for which the court may authorise a child to be kept in secure accommodation in England or Scotland ;
b empower the court from time to time to authorise a child to be kept in secure accommodation in England or Scotland for such further period as the regulations may specify; and
c provide that applications to the court under this section shall be made only by local authorities.in England or Wales
3 It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.
4 If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.
5 On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.
5A Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.
6 No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, he refused or failed to apply.
7 The Secretary of State may by regulations provide that—
a this section shall or shall not apply to any description of children specified in the regulations;
b this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;
c such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in England or Scotland .
d a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).
8 The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.
8A Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.
9 This section is subject to section 20(8).

Independent reviewing officers

F115025A Appointment of independent reviewing officer

1 If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.
2 The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.
3 If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.
4 An appointee must be of a description prescribed in regulations made by the Secretary of State.

F115025B Functions of the independent reviewing officer

1 The independent reviewing officer must—
a monitor the performance by the local authority of their functions in relation to the child's case;
b participate, in accordance with regulations made by the Secretary of State, in any review of the child's case;
c ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;
d perform any other function which is prescribed in regulations made by the Secretary of State.
2 An independent reviewing officer's functions must be performed—
a in such manner (if any) as may be prescribed in regulations made by the Secretary of State; and
b having regard to such guidance as that authority may issue in relation to the discharge of those functions.
3 If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—
a an officer of the Children and Family Court Advisory and Support Service; F1237 ...
F1237 b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—
a to co-operate with that individual; and
b to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

25C Referred cases

1 In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—
a extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;
b require any functions of the officers to be performed in the manner prescribed by the regulations.
F12382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I23 26   Review of cases and inquiries into representations.

1 The Secretary of State may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.
2 The regulations may, in particular, make provision—
a as to the manner in which each case is to be reviewed;
b as to the considerations to which the local authority are to have regard in reviewing each case;
c as to the time when each case is first to be reviewed and the frequency of subsequent reviews;
d requiring the authority, before conducting any review, to seek the views of—
i the child;
ii his parents;
iii any person who is not a parent of his but who has parental responsibility for him; and
iv any other person whose views the authority consider to be relevant,
including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;
e requiring the authority F148 . . . , in the case of a child who is in their care
i to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,
ii to consider, whether an application should be made to discharge the care order;
f requiring the authority F150 . . . , in the case of a child in accommodation provided by the authority
i if there is no plan for the future care of the child, to prepare one,
ii if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,
iii to consider, whether the accommodation accords with the requirements of this Part;
g requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;
h requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;
i requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—
i the child;
ii his parents;
iii any person who is not a parent of his but who has parental responsibility for him; and
iv any other person whom they consider ought to be notified;
j requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.
F1151 k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1152 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11522B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1152 2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1152 2D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by—
a any child who is being looked after by them or who is not being looked after by them but is in need;
b a parent of his;
c any person who is not a parent of his but who has parental responsibility for him;
d any local authority foster parent;
e such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,
about the discharge by the authority of any of their qualifying functions in relation to the child.
3A The following are qualifying functions for the purposes of subsection (3)—
a functions under this Part,
b such functions under Part 4 or 5 as are specified by the Secretary of State in regulations.
3B The duty under subsection (3) extends to representations (including complaints) made to the authority by—
a any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,
b such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,
about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations.
3C The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
a a child with respect to whom a special guardianship order is in force,
b a special guardian or a parent of such a child,
c any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
d any person who has applied for an assessment under section 14F(3) or (4),
about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.
4 The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in—
a the consideration; and
b any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration
but this subsection is subject to subsection (5A).
4A Regulations may be made by the Secretary of State imposing time limits on the making of representations under this section.
5 In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the Secretary of State for the purpose of regulating the procedure to be followed.
5A Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.
6 The Secretary of State may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).
7 Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—
a have due regard to the findings of those considering the representation; and
b take such steps as are reasonably practicable to notify (in writing)—
i the person making the representation;
ii the child (if the authority consider that he has sufficient understanding); and
iii such other persons (if any) as appear to the authority to be likely to be affected,
of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.
8 Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.

26ZA Representations: further consideration

F158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1249 26ZB  Representations: further consideration (Wales)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26A  Advocacy services

1 Every local authority shall make arrangements for the provision of assistance to—
a persons who make or intend to make representations under section 24D; and
b children who make or intend to make representations under section 26.
2 The assistance provided under the arrangements shall include assistance by way of representation.
F1246 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The arrangements—
a shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State; and
b shall comply with any other provision made by the regulations in relation to the arrangements.
4 The Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).
5 Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.

I24 27   Co-operation between authorities.

1 Where it appears to a local authority that any authority F160... mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority F160... specifying the action in question.
2 An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.
3 The authorities are—
a any local authority;
F162b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c any local housing authority;
ca NHS England;
d any integrated care board, Local Health Board, Special Health Authority F824... , National Health Service trust or NHS foundation trust;
da any local authority in Wales; and
e any person authorised by the Secretary of State for the purposes of this section.
3A The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.
F1664 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I25 28   Consultation with local education authorities.

F167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I26 29   Recoupment of cost of providing services etc.

1 Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.
2 Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.
3 No person shall be liable to pay any charge under subsection (1) for a service provided under section 17 or section 18(1) or (5) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance.
3A No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of an income-based jobseeker's allowance or of an income-related employment and support allowance.
3B No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—
a he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or
b he is a member of a couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.
4 The persons are—
a where the service is provided for a child under sixteen, each of his parents;
b where it is provided for a child who has reached the age of sixteen, the child himself; and
c where it is provided for a member of the child’s family, that member.
5 Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
6 Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the M13 Child Care Act 1980.
7 Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority or the area of a local authority in Wales, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
8 Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority or the area of a local authority in Wales and they are not maintaining him in—
a a community home provided by them;
b a controlled community home; or
c a hospital vested in the Secretary of State or , the Welsh Ministers F827... or any other hospital made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by F829..., a Local Health Board F827...,,
they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
9 Except where subsection (10) or subsection (11) applies, Where a local authority comply with any request under section 27(2) or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority or a local authority in Wales in whose area the child or person is ordinarily resident any reasonable expenses incurred by them in respect of that person.
10 Where a local authority (“authority A”) comply with any request under section 27(2) from another local authority (“authority B”) in relation to a child or other person—
a whose responsible authority is authority B for the purposes of section 23B or 23C; or
b whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),
authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
11 Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.

I27 30   Miscellaneous.

1 Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.
2 Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the Secretary of State but see subsection (2C).
F1261 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1261 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2C Any question arising as to whether a child is ordinarily resident—
a in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or
b in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,
shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.
2D The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).
3 F182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The Secretary of State may make regulations for determining, as respects any education functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.

F1264 30A  Meaning of appropriate national authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV  Care and Supervision

General

I28C30C9631  Care and Supervision

1 On the application of any local authority or authorised person, the court may make an order—
C31a placing the child with respect to whom the application is made in the care of a designated local authority; or
b putting him under the supervision of a designated local authority F187. . ..
C322 A court may only make a care order or supervision order if it is satisfied—
a that the child concerned is suffering, or is likely to suffer, significant harm; and
b that the harm, or likelihood of harm, is attributable to—
i the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or
ii the child’s being beyond parental control.
3 No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).
3A A court deciding whether to make a care order—
a is required to consider the permanence provisions of the section 31A plan for the child concerned, but
b is not required to consider the remainder of the section 31A plan, subject to section 34(11).
3B For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—
a such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—
i the child to live with any parent of the child's or with any other member of, or any friend of, the child's family;
ii adoption;
iii long-term care not within sub-paragraph (i) or (ii);
b such of the plan's provisions as set out any of the following—
i the impact on the child concerned of any harm that he or she suffered or was likely to suffer;
ii the current and future needs of the child (including needs arising out of that impact);
iii the way in which the long-term plan for the upbringing of the child would meet those current and future needs.
3C The Secretary of State may by regulations amend this section for the purpose of altering what for the purposes of subsection (3A) are the permanence provisions of a section 31A plan.
4 An application under this section may be made on its own or in any other family proceedings.
5 The court may—
a on an application for a care order, make a supervision order;
b on an application for a supervision order, make a care order.
6 Where an authorised person proposes to make an application under this section he shall—
a if it is reasonably practicable to do so; and
b before making the application,
consult the local authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.
7 An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—
a the subject of an earlier application for a care order, or supervision order, which has not been disposed of; or
b subject to—
i a care order or supervision order;
ii a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code; or
iii a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act   2011.
8 The local authority designated in a care order must be—
a the authority within whose area the child is ordinarily resident; or
b where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.
9 In this section—
  • “authorised person” means—
    1. the National Society for the Prevention of Cruelty to Children and any of its officers; and
    2. any person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;
  • “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
  • “development” means physical, intellectual, emotional, social or behavioural development;
  • “health” means physical or mental health; and
  • “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.
10 Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.
11 In this Act—
  • “a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and
  • “a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

C97 31A   Care orders: care plans

1 Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“ a care plan ”) for the future care of the child.
2 While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly.
3 A care plan must give any prescribed information and do so in the prescribed manner.
4 For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order.
5 In section 31(3A) and this section, references to a care order do not include an interim care order.
6 A plan prepared, or treated as prepared, under this section is referred to in this Act as a “ section 31A plan ”.

I2932  Period within which application for order under this Part must be disposed of.

1 A court in which an application for an order under this Part is proceeding shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) —
a draw up a timetable with a view to disposing of the application—
i without delay, and
ii in any event within twenty-six weeks beginning with the day on which the application was issued; and
b give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
2 Rules of court may—
a specify periods within which specified steps must be taken in relation to such proceedings; and
b make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay.
3 A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to—
a the impact which the timetable would have on the welfare of the child to whom the application relates; and
b the impact which the timetable would have on the conduct of the proceedings.
4 A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5)), must in particular have regard to—
a the impact which any revision would have on the welfare of the child to whom the application relates; and
b the impact which any revision would have on the duration and conduct of the proceedings.
5 A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly.
6 When deciding whether to grant an extension under subsection (5), a court must in particular have regard to—
a the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and
b the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings;
and here “ensuing timetable revision” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension.
7 When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification.
8 Each separate extension under subsection (5) is to end no more than eight weeks after the later of—
a the end of the period being extended; and
b the end of the day on which the extension is granted.
9 The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision.
10 Rules of court may provide that a court—
a when deciding whether to exercise the power under subsection (5), or
b when deciding how to exercise that power,
must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules.

Care orders

I3033  Effect of care order.

1 Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him in their care while the order remains in force.
2 Where—
a a care order has been made with respect to a child on the application of an authorised person; but
b the local authority designated by the order was not informed that that person proposed to make the application,
the child may be kept in the care of that person until received into the care of the authority.
3 While a care order is in force with respect to a child, the local authority designated by the order shall—
a have parental responsibility for the child; and
b have the power (subject to the following provisions of this section) to determine the extent to which —
i a parent, guardian or special guardian of the child; or
ii a person who by virtue of section 4A has parental responsibility for the child,
may meet his parental responsibility for him.
4 The authority may not exercise the power in subsection (3)(b) unless they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.
5 Nothing in subsection (3)(b) shall prevent a person mentioned in that provision who has care of the child from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare.
6 While a care order is in force with respect to a child, the local authority designated by the order shall not—
a cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or
b have the right—
i F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii to agree or refuse to agree to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002, with respect to the child; or
iii to appoint a guardian for the child.
7 While a care order is in force with respect to a child, no person may—
a cause the child to be known by a new surname; or
b remove him from the United Kingdom,
without either the written consent of every person who has parental responsibility for the child or the leave of the court.
8 Subsection (7)(b) does not—
a prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or
b apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales).
9 The power in subsection (3)(b) is subject (in addition to being subject to the provisions of this section) to any right, duty, power, responsibility or authority which a person mentioned in that provision has in relation to the child and his property by virtue of any other enactment.

I3134  Parental contact etc. with children in care.

1 Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section 22(3)(a) or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014 allow the child reasonable contact with—
a his parents;
b any guardian or special guardian of his;
ba any person who by virtue of section 4A has parental responsibility for him;
c where there was a child arrangements order in force with respect to the child immediately before the care order was made, any person named in the child arrangements order as a person with whom the child was to live ; and
d where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person.
2 On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person.
3 On an application made by—
a any person mentioned in paragraphs (a) to (d) of subsection (1); or
b any person who has obtained the leave of the court to make the application,
the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.
4 On an application made by the authority or the child, the court may make an order authorising the authority to refuse to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order.
5 When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of a local authority, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.
6 An authority may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if—
a they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and
b the refusal—
i is decided upon as a matter of urgency; and
ii does not last for more than seven days.
6A Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in England are authorised to refuse to allow contact between the child and a person mentioned in any of paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1) of that Schedule does not require the authority to endeavour to promote contact between the child and that person.
6B Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.
7 An order under this section may impose such conditions as the court considers appropriate.
8 The Secretary of State may by regulations make provision as to—
za what a local authority in England must have regard to in considering whether contact between a child and a person mentioned in any of paragraphs (a) to (d) of subsection (1) is consistent with safeguarding and promoting the child's welfare;
a the steps to be taken by a local authority who have exercised their powers under subsection (6);
b the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made;
c notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.
9 The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order.
10 An order under this section may be made either at the same time as the care order itself or later.
11 Before making, varying or discharging an order under this section or making a care order with respect to any child the court shall—
a consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and
b invite the parties to the proceedings to comment on those arrangements.

Supervision orders

I3235 Supervision orders.

1 While a supervision order is in force it shall be the duty of the supervisor—
a to advise, assist and befriend the supervised child;
b to take such steps as are reasonably necessary to give effect to the order; and
c where—
i the order is not wholly complied with; or
ii the supervisor considers that the order may no longer be necessary,
to consider whether or not to apply to the court for its variation or discharge.
2 Parts I and II of Schedule 3 make further provision with respect to supervision orders.

I3336  Education supervision orders.

1 On the application of any local authority, the court may make an order putting the child with respect to whom the application is made under the supervision of a designated local authority.
2 In this Act “an education supervision order” means an order under subsection (1).
3 A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.
4 For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.
5 Where a child is—
a the subject of a school attendance order which is in force under section 437 of the Education Act 1996 and which has not been complied with; or
b is not attending regularly within the meaning of section 444 of that Act—
i a school at which he is a registered pupil,
ii any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of that Act, or
iii any place which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section,
then, unless it is proved that he is being properly educated, it shall be assumed that he is not.
6 An education supervision order may not be made with respect to a child who is in the care of a local authority.
7 The local authority designated in an education supervision order must be—
a the authority within whose area the child concerned is living or will live; or
b where—
i the child is a registered pupil at a school; and
ii the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree,
the latter authority.
8 Where a local authority propose to make an application for an education supervision order they shall, before making the application, consult the F203. . . appropriate local authority if different.
9 The appropriate local authority is—
a in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and
b in any other case, the local authority within whose area the child concerned lives, or will live.
10 Part III of Schedule 3 makes further provision with respect to education supervision orders.
11 Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act).

Powers of court

I3437  Powers of court in certain family proceedings.

1 Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.
2 Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should—
a apply for a care order or for a supervision order with respect to the child;
b provide services or assistance for the child or his family; or
c take any other action with respect to the child.
3 Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of—
a their reasons for so deciding;
b any service or assistance which they have provided, or intend to provide, for the child and his family; and
c any other action which they have taken, or propose to take, with respect to the child.
4 The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.
5 The local authority named in a direction under subsection (1) must be—
a the authority in whose area the child is ordinarily resident; or
b where the child is not ordinarily resident in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.
6 If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child—
a they shall consider whether it would be appropriate to review the case at a later date; and
b if they decide that it would be, they shall determine the date on which that review is to begin.

I35C11038  Interim orders.

C331 Where—
a in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or
b the court gives a direction under section 37(1),
the court may make an interim care order or an interim supervision order with respect to the child concerned.
2 A court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2).
3 Where, in any proceedings on an application for a care order or supervision order, a court makes a child arrangements order with respect to the living arrangements of the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made.
3A For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a with whom the child is to live, and
b when the child is to live with any person.
4 An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall in any event cease to have effect on whichever of the following events first occurs—
F1018a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1020b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c in a case which falls within subsection (1)(a), the disposal of the application;
d in a case which falls within subsection (1)(b), the disposal of an application for a care order or supervision order made by the authority with respect to the child;
da in a case which falls within subsection (1)(b) and in which—
i no direction has been given under section 37(4), and
ii no application for a care order or supervision order has been made with respect to the child,
the expiry of the period of eight weeks beginning with the date on which the order is made;
e in a case which falls within subsection (1)(b) and in which—
i the court has given a direction under section 37(4), but
ii no application for a care order or supervision order has been made with respect to the child,
the expiry of the period fixed by that direction.
F10215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment.
7 A direction under subsection (6) may be to the effect that there is to be—
a no such examination or assessment; or
b no such examination or assessment unless the court directs otherwise.
7A A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly.
7B When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to—
a any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child,
b the issues with which the examination or other assessment would assist the court,
c the questions which the examination or other assessment would enable the court to answer,
d the evidence otherwise available,
e the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings,
f the cost of the examination or other assessment, and
g any matters prescribed by Family Procedure Rules.
8 A direction under subsection (6) may be—
a given when the interim order is made or at any time while it is in force; and
b varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.
9 Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order.
10 Where a court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full.

38A  Power to include exclusion requirement in interim care order.

1 Where—
a on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and
b the conditions mentioned in subsection (2) are satisfied,
the court may include an exclusion requirement in the interim care order.
2 The conditions are—
a that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and
b that another person living in the dwelling-house (whether a parent of the child or some other person)—
i is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
ii consents to the inclusion of the exclusion requirement.
3 For the purposes of this section an exclusion requirement is any one or more of the following—
a a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
b a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
c a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
4 The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.
5 Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
6 Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
7 Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.
8 Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
9 Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
10 If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.

F20738B  Undertakings relating to interim care orders.

1 In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
2 No power of arrest may be attached to any undertaking given under subsection (1).
3 An undertaking given to a court under subsection (1)—
a shall be enforceable as if it were an order of the court, and
b shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
4 This section has effect without prejudice to the powers of the High Court and family court apart from this section.
5 In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.

I3639  Discharge and variation etc. of care orders and supervision orders.

1 A care order may be discharged by the court on the application of—
a any person who has parental responsibility for the child;
b the child himself; or
c the local authority designated by the order.
2 A supervision order may be varied or discharged by the court on the application of—
a any person who has parental responsibility for the child;
b the child himself; or
c the supervisor.
3 On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person.
F2083A On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
3B Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).
4 Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order.
5 When a court is considering whether to substitute one order for another under subsection (4) any provision of this Act which would otherwise require section 31(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded.

I3740  Orders pending appeals in cases about care or supervision orders.

1 Where—
a a court dismisses an application for a care order; and
b at the time when the court dismisses the application, the child concerned is the subject of an interim care order,
the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.
2 Where—
a a court dismisses an application for a care order, or an application for a supervision order; and
b at the time when the court dismisses the application, the child concerned is the subject of an interim supervision order,
the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.
3 Where a court grants an application to discharge a care order or supervision order, it may order that—
a its decision is not to have effect; or
b the care order, or supervision order, is to continue to have effect but subject to such directions as the court sees fit to include in the order.
4 An order made under this section shall only have effect for such period, not exceeding the appeal period, as may be specified in the order.
5 Where—
a an appeal is made against any decision of a court under this section; or
b any application is made to the appellate court in connection with a proposed appeal against that decision,
the appellate court may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period.
6 In this section “the appeal period” means—
a where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and
b otherwise, the period during which an appeal may be made against the decision.

Guardians ad litem

I38C9841 Representation of child

1 or the purpose of any specified proceedings, the court shall appoint an officer of the Serviceor a Welsh family proceedings officer for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.
C342 The officer of the Serviceor Welsh family proceedings officer shall—
a be appointed in accordance with rules of court; and
b be under a duty to safeguard the interests of the child in the manner prescribed by such rules.
C953 Where—
a the child concerned is not represented by a solicitor; and
b any of the conditions mentioned in subsection (4) is satisfied,
the court may appoint a solicitor to represent him.
C954 The conditions are that—
a no officer of the Serviceor Welsh family proceedings officer has been appointed for the child;
b the child has sufficient understanding to instruct a solicitor and wishes to do so;
c it appears to the court that it would be in the child’s best interests for him to be represented by a solicitor.
C955 Any solicitor appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court.
6 In this section “specified proceedings” means any proceedings—
a on an application for a care order or supervision order;
b in which the court has given a direction under section 37(1) and has made, or is considering whether to make, an interim care order;
c on an application for the discharge of a care order or the variation or discharge of a supervision order;
d on an application under section 39(4);
e in which the court is considering whether to make a child arrangements order with respect to the living arrangements of a child who is the subject of a care order;
f with respect to contact between a child who is the subject of a care order and any other person;
g under Part V;
h on an appeal against—
i the making of, or refusal to make, a care order, supervision order or any order under section 34;
ii the making of, or refusal to make, a child arrangements order with respect to the living arrangements of a child who is the subject of a care order; or
iii the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in sub-paragraph (i) or (ii);
iv the refusal of an application under section 39(4); or
v the making of, or refusal to make, an order under Part V; or
hh on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002);
i which are specified for the time being, for the purposes of this section, by rules of court.
6A The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order.
6B For the purposes of subsection (6), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a with whom the child is to live, and
b when the child is to live with any person.
F2157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Rules of court may make provision as to—
a the assistance which any officer of the Serviceor Welsh family proceedings officer may be required by the court to give to it;
b the consideration to be given by any officer of the Serviceor Welsh family proceedings officer , where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;
c the participation of officers of the Serviceor Welsh family proceedings officers in reviews, of a kind specified in the rules, which are conducted by the court.
11 Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—
a any statement contained in a report made by an officer of the Serviceor a Welsh family proceedings officer who is appointed under this section for the purpose of the proceedings in question; and
b any evidence given in respect of the matters referred to in the report,
in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.
F21512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3942 Right of officer of the Service to have access to local authority records

1 Where an officer of the Serviceor Welsh family proceedings officer has been appointed under section 41 he shall have the right at all reasonable times to examine and take copies of—
a any records of, or held by, a local authority or an authorised personwhich were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; F224. . .
b any F224. . . records of, or held by, a local authority which were compiled in connection with any functions which are social services functions within the meaning of the M14Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014, so far as those records relate to that child.
; or
c any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.
2 Where an officer of the Serviceor Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—
a report which he makes to the court in the proceedings in question; or
b evidence which he gives in those proceedings.
3 Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.
4 In this section “ authorised person ” has the same meaning as in section 31.

Part V  Protection of Children

I4043  Child assessment orders.

1 On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—
a the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;
b an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and
c it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.
2 In this Act “a child assessment order” means an order under this section.
3 A court may treat an application under this section as an application for an emergency protection order.
4 No court shall make a child assessment order if it is satisfied—
a that there are grounds for making an emergency protection order with respect to the child; and
b that it ought to make such an order rather than a child assessment order.
5 A child assessment order shall—
a specify the date by which the assessment is to begin; and
b have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order.
6 Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child—
a to produce him to such person as may be named in the order; and
b to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.
7 A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.
8 Regardless of subsection (7), if the child is of sufficient understanding to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment.
9 The child may only be kept away from home—
a in accordance with directions specified in the order;
b if it is necessary for the purposes of the assessment; and
c for such period or periods as may be specified in the order.
10 Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home.
11 Any person making an application for a child assessment order shall take such steps as are reasonably practicable to ensure that notice of the application is given to—
a the child’s parents;
b any person who is not a parent of his but who has parental responsibility for him;
c any other person caring for the child;
d any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
e any person who is allowed to have contact with the child by virtue of an order under section 34; and
f the child,
before the hearing of the application.
12 Rules of court may make provision as to the circumstances in which—
a any of the persons mentioned in subsection (11); or
b such other person as may be specified in the rules,
may apply to the court for a child assessment order to be varied or discharged.
13 In this section “authorised person” means a person who is an authorised person for the purposes of section 31.

I4144  Orders for emergency protection of children.

1 Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—
a there is reasonable cause to believe that the child is likely to suffer significant harm if—
i he is not removed to accommodation provided by or on behalf of the applicant; or
ii he does not remain in the place in which he is then being accommodated;
b in the case of an application made by a local authority—
i enquiries are being made with respect to the child under section 47(1)(b); and
ii those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; or
c in the case of an application made by an authorised person—
i the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
ii the applicant is making enquiries with respect to the child’s welfare; and
iii those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.
2 In this section—
a “authorised person” means a person who is an authorised person for the purposes of section 31; and
b “a person authorised to seek access” means—
i in the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries; or
ii in the case of an application by an authorised person, that person.
3 Any person—
a seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and
b purporting to be a person authorised to do so,
shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
4 While an order under this section (“an emergency protection order”) is in force it—
a operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant;
b authorises—
i the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or
ii the prevention of the child’s removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; and
c gives the applicant parental responsibility for the child.
5 Where an emergency protection order is in force with respect to a child, the applicant—
a shall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child;
b shall take, and shall only take, such action in meeting his parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child (having regard in particular to the duration of the order); and
c shall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection.
6 Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to—
a the contact which is, or is not, to be allowed between the child and any named person;
b the medical or psychiatric examination or other assessment of the child.
7 Where any direction is given under subsection (6)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.
8 A direction under subsection (6)(a) may impose conditions and one under subsection (6)(b) may be to the effect that there is to be—
a no such examination or assessment; or
b no such examination or assessment unless the court directs otherwise.
9 A direction under subsection (6) may be—
a given when the emergency protection order is made or at any time while it is in force; and
b varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.
10 Where an emergency protection order is in force with respect to a child and—
a the applicant has exercised the power given by subsection (4)(b)(i) but it appears to him that it is safe for the child to be returned; or
b the applicant has exercised the power given by subsection (4)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question,
he shall return the child or (as the case may be) allow him to be removed.
11 Where he is required by subsection (10) to return the child the applicant shall—
a return him to the care of the person from whose care he was removed; or
b if that is not reasonably practicable, return him to the care of—
i a parent of his;
ii any person who is not a parent of his but who has parental responsibility for him; or
iii such other person as the applicant (with the agreement of the court) considers appropriate.
12 Where the applicant has been required by subsection (10) to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.
13 Where an emergency protection order has been made with respect to a child, the applicant shall, subject to any direction given under subsection (6), allow the child reasonable contact with—
a his parents;
b any person who is not a parent of his but who has parental responsibility for him;
c any person with whom he was living immediately before the making of the order;
d any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
e any person who is allowed to have contact with the child by virtue of an order under section 34; and
f any person acting on behalf of any of those persons.
14 Wherever it is reasonably practicable to do so, an emergency protection order shall name the child; and where it does not name him it shall describe him as clearly as possible.
15 A person shall be guilty of an offence if he intentionally obstructs any person exercising the power under subsection (4)(b) to remove, or prevent the removal of, a child.
16 A person guilty of an offence under subsection (15) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

44A  Power to include exclusion requirement in emergency protection order.

1 Where—
a on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and
b the conditions mentioned in subsection (2) are satisfied,
the court may include an exclusion requirement in the emergency protection order.
2 The conditions are—
a that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then—
i in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or
ii in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and
b that another person living in the dwelling-house (whether a parent of the child or some other person)—
i is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
ii consents to the inclusion of the exclusion requirement.
3 For the purposes of this section an exclusion requirement is any one or more of the following—
a a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
b a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
c a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
4 The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.
5 Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
6 Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
7 Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.
8 Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
9 Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
10 If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.

F23044B  Undertakings relating to emergency protection orders.

1 In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.
2 No power of arrest may be attached to any undertaking given under subsection (1).
3 An undertaking given to a court under subsection (1)—
a shall be enforceable as if it were an order of the court, and
b shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
4 This section has effect without prejudice to the powers of the High Court and family court apart from this section.
5 In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.

I4245  Duration of emergency protection orders and other supplemental provisions.

1 An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order.
2 Where—
a the court making an emergency protection order would, but for this subsection, specify a period of eight days as the period for which the order is to have effect; but
b the last of those eight days is a public holiday (that is to say, Christmas Day, Good Friday, a bank holiday or a Sunday),
the court may specify a period which ends at noon on the first later day which is not such a holiday.
3 Where an emergency protection order is made on an application under section 46(7), the period of eight days mentioned in subsection (1) shall begin with the first day on which the child was taken into police protection under section 46.
4 Any person who—
a has parental responsibility for a child as the result of an emergency protection order; and
b is entitled to apply for a care order with respect to the child,
may apply to the court for the period during which the emergency protection order is to have effect to be extended.
5 On an application under subsection (4) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.
6 An emergency protection order may only be extended once.
7 Regardless of any enactment or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of—
a any statement contained in any report made to the court in the course of, or in connection with, the hearing; or
b any evidence given during the hearing,
which is, in the opinion of the court, relevant to the application.
8 Any of the following may apply to the court for an emergency protection order to be discharged—
a the child;
b a parent of his;
c any person who is not a parent of his but who has parental responsibility for him; or
d any person with whom he was living immediately before the making of the order.
F2318A On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
8B Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).
9 F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23310 No appeal may be made against—
a the making of, or refusal to make, an emergency protection order;
b the extension of, or refusal to extend, the period during which such an order is to have effect;
c the discharge of, or refusal to discharge, such an order; or
d the giving of, or refusal to give, any direction in connection with such an order.
11 Subsection (8) does not apply—
a where the person who would otherwise be entitled to apply for the emergency protection order to be discharged—
i was given notice (in accordance with rules of court) of the hearing at which the order was made; and
ii was present at that hearing; or
b to any emergency protection order the effective period of which has been extended under subsection (5).
12 A court making an emergency protection order may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a registered medical practitioner, registered nurse or registered midwife, if he so chooses.
13 The reference in subsection (12) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.

I4346  Removal and accommodation of children by police in cases of emergency.

1 Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—
a remove the child to suitable accommodation and keep him there; or
b take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.
2 For the purposes of this Act, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection.
3 As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall—
a inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;
b give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;
c inform the child (if he appears capable of understanding)—
i of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
ii of the further steps that may be taken with respect to him under this section;
d take such steps as are reasonably practicable to discover the wishes and feelings of the child;
e secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and
f where the child was taken into police protection by being removed to accommodation which is not provided—
i by or on behalf of a local authority; or
ii as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided.
4 As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform—
a the child’s parents;
b every person who is not a parent of his but who has parental responsibility for him; and
c any other person with whom the child was living immediately before being taken into police protection,
of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section.
5 On completing any inquiry under subsection (3)(e), the officer conducting it shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.
6 No child may be kept in police protection for more than 72 hours.
7 While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 44 with respect to the child.
8 An application may be made under subsection (7) whether or not the authority know of it or agree to its being made.
9 While a child is being kept in police protection—
a neither the constable concerned nor the designated officer shall have parental responsibility for him; but
b the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected).
10 Where a child has been taken into police protection, the designated officer shall allow—
a the child’s parents;
b any person who is not a parent of the child but who has parental responsibility for him;
c any person with whom the child was living immediately before he was taken into police protection;
d any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
e any person who is allowed to have contact with the child by virtue of an order under section 34; and
f any person acting on behalf of any of those persons,
to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests.
11 Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, subsection (10) shall have effect as if it referred to the authority rather than to the designated officer.

I4447  Local authority’s duty to investigate.

1 Where a local authority—
a are informed that a child who lives, or is found, in their area—
i is the subject of an emergency protection order; or
ii is in police protection; F236...
F236iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,
the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. F237....
2 Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.
3 The enquiries shall, in particular, be directed towards establishing—
a whether the authority should—
i make any application to court under this Act;
ii exercise any of their other powers under this Act;
iii exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or
iv (where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;
with respect to the child;
b whether, in the case of a child—
i with respect to whom an emergency protection order has been made; and
ii who is not in accommodation provided by or on behalf of the authority,
it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and
c whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7).
4 Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable—
a to obtain access to him; or
b to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,
unless they are satisfied that they already have sufficient information with respect to him.
5 Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA).
5ZA The local authority referred to in subsection (5) is—
a the local authority who —
i maintain any school at which the child is a pupil, or
ii make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 or 19A of the Education Act 1996, or
b in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated.
5A For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
a ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and
b give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
6 Where, in the course of enquiries made under this section—
a any officer of the local authority concerned; or
b any person authorised by the authority to act on their behalf in connection with those enquiries—
i is refused access to the child concerned; or
ii is denied information as to his whereabouts,
the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.
7 If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall—
a consider whether it would be appropriate to review the case at a later date; and
b if they decide that it would be, determine the date on which that review is to begin.
8 Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so).
9 Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so.
10 Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case.
11 The persons are—
a any local authority;
F240b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c any local housing authority;
ca NHS England;
d any integrated care board, Local Health Board, Special Health Authority F831... , National Health Service trust or NHS foundation trust; and
e any person authorised by the Secretary of State for the purposes of this section.
12 Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.

I4548  Powers to assist in discovery of children who may be in need of emergency protection.

1 Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts—
a is not available to the applicant for the order; but
b is available to another person,
it may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts.
2 No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.
3 An emergency protection order may authorise the applicant to enter premises specified by the order and search for the child with respect to whom the order is made.
4 Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises.
5 Where—
a an order has been made under subsection (4);
b the child concerned has been found on the premises; and
c the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him,
the order shall have effect as if it were an emergency protection order.
6 Where an order has been made under subsection (4), the applicant shall notify the court of its effect.
7 A person shall be guilty of an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4).
8 A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9 Where, on an application made by any person for a warrant under this section, it appears to the court—
a that a person attempting to exercise powers under an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or access to the child concerned; or
b that any such person is likely to be so prevented from exercising any such powers,
it may issue a warrant authorising any constable to assist the person mentioned in paragraph (a) or (b) in the exercise of those powers using reasonable force if necessary.
10 Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—
a that person so desires; and
b the court by whom the warrant is issued does not direct otherwise.
11 A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses.
11A The reference in subsection (11) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.
12 An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.
13 Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible.

I4649  Abduction of children in care etc.

1 A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—
a takes a child to whom this section applies away from the responsible person;
b keeps such a child away from the responsible person; or
c induces, assists or incites such a child to run away or stay away from the responsible person.
2 This section applies in relation to a child who is—
a in care;
b the subject of an emergency protection order; or
c in police protection,
and in this section “the responsible person” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be.
3 A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

I47E3C3550  Recovery of abducted children etc.

1 Where it appears to the court that there is reason to believe that a child to whom this section applies—
a has been unlawfully taken away or is being unlawfully kept away from the responsible person;
b has run away or is staying away from the responsible person; or
c is missing,
the court may make an order under this section (“a recovery order”).
2 This section applies to the same children to whom section 49 applies and in this section “the responsible person” has the same meaning as in section 49.
3 A recovery order—
a operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;
b authorises the removal of the child by any authorised person;
c requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;
d authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary.
4 The court may make a recovery order only on the application of—
a any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or
b where the child is in police protection, the designated officer.
5 A recovery order shall name the child and—
a any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or
b where the child is in police protection, the designated officer.
6 Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.
7 In this section—
  • “an authorised person” means—
a any person specified by the court;
b any constable;
c any person who is authorised—
i after the recovery order is made; and
ii by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,
to exercise any power under a recovery order; and
“the designated officer” means the officer designated for the purposes of section 46.
8 Where a person is authorised as mentioned in subsection (7)(c)—
a the authorisation shall identify the recovery order; and
b any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.
9 A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.
10 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
11 No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.
12 Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority.
13 A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.
14 In this section “the court”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the M15Magistrates’ Courts (Northern Ireland) Order 1981.

I4851  Refuges for children at risk.

1 Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home.
2 Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent.
3 In subsection (2) “foster parent” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation.
4 The Secretary of State may by regulations—
a make provision as to the manner in which certificates may be issued;
b impose requirements which must be complied with while any certificate is in force; and
c provide for the withdrawal of certificates in prescribed circumstances.
5 Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home.
6 Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation.
7 The provisions are—
a section 49;
b articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales;
c section 32(3) of the M16Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales;
d section 2 of the M17Child Abduction Act 1984.

I4952  Rules and regulations.

1 Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part.
2 The rules may, in particular make provision—
a as to the form in which any application is to be made or direction is to be given;
b prescribing the persons who are to be notified of—
i the making, or extension, of an emergency protection order; or
ii the making of an application under section 45(4) or (8) or 46(7); and
c as to the content of any such notification and the manner in which, and person by whom, it is to be given.
3 The Secretary of State may by regulations provide that, where—
a an emergency protection order has been made with respect to a child;
b the applicant for the order was not the local authority within whose area the child is ordinarily resident; and
c that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,
that authority shall (subject to their having complied with any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order.
4 Regulations made under subsection (3) may, in particular, make provision as to—
a the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and
b the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority.

Part VI  Community Homes

I5053  Provision of community homes by local authorities.

1 Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available—
a for the care and accommodation of children looked after by them; and
b for purposes connected with the welfare of children (whether or not looked after by them),
and may do so jointly with one or more other local authorities.
2 In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation—
a of different descriptions; and
b which is suitable for different purposes and the requirements of different descriptions of children.
3 A community home may be a home—
a provided, equipped, maintained and (subject to subsection (3A)) managed by a local authority; or
b provided by a voluntary organisation but in respect of which a local authority and the organisation—
i propose that, in accordance with an instrument of management, the equipment, maintenance and (subject to subsection (3B)) management of the home shall be the responsibility of the local authority; or
ii so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation.
F2513A A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.
3B Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.
4 Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home.
5 Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home.
6 Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.

F25254 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I5155  Determination of disputes relating to controlled and assisted community homes.

1 Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and—
a the voluntary organisation by which the home is provided; or
b any other local authority who have placed, or desire or are required to place, in the home a child who is looked after by them,
the dispute may be referred by either party to the Secretary of State for his determination.
2 Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination.
3 Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.
4 This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of—
a the local authority specified in the home’s instrument of management; or
b (as the case may be) the voluntary organisation by which the home is provided.
5 Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.
6 In this Part “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating—
a the maintenance, management or conduct of the home; or
b the constitution of a body of managers or trustees of the home.

I5256  Discontinuance by voluntary organisation of controlled or assisted community home.

1 The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the home’s instrument of management not less than two years’ notice in writing of their intention to do so.
2 A notice under subsection (1) shall specify the date from which the voluntary organisation intend to cease to provide the home as a community home.
3 Where such a notice is given and is not withdrawn before the date specified in it, the home’s instrument of management shall cease to have effect on that date and the home shall then cease to be a controlled or assisted community home.
4 Where a notice is given under subsection (1) and the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as its managers until the date specified in the subsection (1) notice, the Secretary of State may by order—
a revoke the home’s instrument of management; and
b require the local authority who were specified in that instrument to conduct the home until—
i the date specified in the subsection (1) notice; or
ii such earlier date (if any) as may be specified for the purposes of this paragraph in the order,
as if it were a community home provided by the local authority.
5 Where the Secretary of State imposes a requirement under subsection (4)(b)—
a nothing in the trust deed for the home shall affect the conduct of the home by the local authority;
b the Secretary of State may by order direct that for the purposes of any provision specified in the direction and made by or under any enactment relating to community homes (other than this section) the home shall, until the date or earlier date specified as mentioned in subsection (4)(b), be treated as a controlled or assisted community home;
c except in so far as the Secretary of State so directs, the home shall until that date be treated for the purposes of any such enactment as a community home provided by the local authority; and
d on the date or earlier date specified as mentioned in subsection (4)(b) the home shall cease to be a community home.

I5357  Closure by local authority of controlled or assisted community home.

1 The local authority specified in the instrument of management for a controlled or assisted community home may give—
a the Secretary of State; and
b the voluntary organisation by which the home is provided,
not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home.
2 A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn.
3 Where—
a a notice is given under subsection (1) in respect of a controlled or assisted community home;
b the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and
c the managers’ notice is not withdrawn,
the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order.
4 Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation.
5 Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on—
a the specified date; or
b where an earlier date has been specified under subsection (3), that earlier date,
and the home shall then cease to be a community home.

I5458  Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.

1 Where—
a the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section F253. . . , 56(3) or (4)(a) or 57(3) or (5); or
b any premises used for the purposes of such a home are (at any time after 13th January 1987) disposed of, or put to use otherwise than for those purposes,
the proprietor shall become liable to pay compensation (“the appropriate compensation”) in accordance with this section.
2 Where the instrument of management in force at the relevant time relates—
a to a controlled community home; or
b to an assisted community home which, at any time before the instrument came into force, was a controlled community home,
the appropriate compensation is a sum equal to that part of the value of any premises which is attributable to expenditure incurred in relation to the premises, while the home was a controlled community home, by the authority who were then the responsible authority.
3 Where the instrument of management in force at the relevant time relates—
a to an assisted community home; or
b to a controlled community home which, at any time before the instrument came into force, was an assisted community home,
the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure of money provided by way of grant under section 82, section 65 of the M18Children and Young Persons Act 1969 or section 82 of the M19Child Care Act 1980.
4 Where the home is, at the relevant time, conducted in premises which formerly were used as an approved school or were an approved probation hostel or home, the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure—
a of sums paid towards the expenses of the managers of an approved school under section 104 of the M20Children and Young Persons Act 1933; F254. . .
b of sums paid under section 51(3)(c) of the M21Powers of Criminal Courts Act 1973 or section 20(1)(c) of the Probation Service Act 1993 in relation to expenditure on approved probation hostels or homes. or
F256c of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).
5 The appropriate compensation shall be paid—
a in the case of compensation payable under subsection (2), to the authority who were the responsible authority at the relevant time; and
b in any other case, to the Secretary of State.
6 In this section—
  • “disposal” includes the grant of a tenancy and any other conveyance, assignment, transfer, grant, variation or extinguishment of an interest in or right over land, whether made by instrument or otherwise;
  • “premises” means any premises or part of premises (including land) used for the purposes of the home and belonging to the proprietor;
  • “the proprietor” means—
a the voluntary organisation by which the home is, at the relevant time, provided; or
b if the premises are not, at the relevant time, vested in that organisation, the persons in whom they are vested;
  • “the relevant time” means the time immediately before the liability to pay arises under subsection (1); and
  • “the responsible authority” means the local authority specified in the instrument of management in question.
7 For the purposes of this section an event of a kind mentioned in subsection (1)(b) shall be taken to have occurred—
a in the case of a disposal, on the date on which the disposal was completed or, in the case of a disposal which is effected by a series of transactions, the date on which the last of those transactions was completed;
b in the case of premises which are put to different use, on the date on which they first begin to be put to their new use.
8 The amount of any sum payable under this section shall be determined in accordance with such arrangements—
a as may be agreed between the voluntary organisation by which the home is, at the relevant time, provided and the responsible authority or (as the case may be) the Secretary of State; or
b in default of agreement, as may be determined by the Secretary of State.
9 With the agreement of the responsible authority or (as the case may be) the Secretary of State, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises.
10 This section has effect regardless of—
a anything in any trust deed for a controlled or assisted community home;
b the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.

Part VII  Voluntary Homes and Voluntary Organisations

I5559 ` Provision of accommodation by voluntary organisations.

1 Where a voluntary organisation provide accommodation for a child, they shall do so by—
a placing him (subject to subsection (2)) with —
i a family;
ii a relative of his; or
iii any other suitable person,
on such terms as to payment by the organisation and otherwise as the organisation may determine (subject to section 49 of the Children Act 2004);
aa maintaining him in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;
f making such other arrangements (subject to subsection (3)) as seem appropriate to them.
1A Where under subsection (1)(aa) a voluntary organisation maintains a child in a home provided, equipped and maintained by an appropriate national authority under section 82(5), it shall do so on such terms as that national authority may from time to time determine.
2 The appropriate national authority may make regulations as to the placing of children with foster parents by voluntary organisations F1331... .
3 The appropriate national authority may make regulations as to the arrangements which may be made under subsection (1)(f) F1332... .
3A Regulations made in relation to England under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.
3B Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.
4 The appropriate national authority may make regulations requiring any voluntary organisation who are providing accommodation for a child—
a to review his case; and
b to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,
in accordance with the provisions of the regulations.
5A Regulations made in relation to England under subsection (4) may, in particular—
a apply with modifications any provision of section 25A or 25B;
b make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.
5B Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.
6 Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7 In this Part “appropriate national authority” means—
a in relation to England, the Secretary of State; and
b in relation to Wales, the Welsh Ministers.

I5660 Voluntary homes.

F2671 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2672 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In this Act “voluntary home” means a children’s home which is carried on by a voluntary organisation but does not include a community home.
4 Schedule 5 shall have effect for the purpose of supplementing the provisions of this Part.

I57C3661  Duties of voluntary organisations.

1 Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation—
a to safeguard and promote his welfare;
b to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and
c to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.
2 Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
C37a the child;
C38C39b his parents;
C38C40c any person who is not a parent of his but who has parental responsibility for him; and
C38d any other person whose wishes and feelings the organisation consider to be relevant,
regarding the matter to be decided.
3 In making any such decision the organisation shall give due consideration—
a having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain;
C38b to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and
c to the child’s religious persuasion, racial origin and cultural and linguistic background.

I5862  Duties of local authorities.

1 Every local authority shall satisfy themselves that any voluntary organisation providing accommodation—
a within the authority’s area for any child; or
b outside that area for any child on behalf of the authority,
are satisfactorily safeguarding and promoting the welfare of the children so provided with accommodation.
2 Every local authority shall arrange for children who are accommodated within their area by or on behalf of voluntary organisations to be visited, from time to time, in the interests of their welfare.
3 The appropriate national authority may make regulations—
a requiring every child who is accommodated within a local authority’s area, by or on behalf of a voluntary organisation, to be visited by an officer of the authority—
i in prescribed circumstances; and
ii on specified occasions or within specified periods; and
b imposing requirements which must be met by any local authority, or officer of a local authority, carrying out functions under this section.
4 Subsection (2) does not apply in relation to community homes.
5 Where a local authority are not satisfied that the welfare of any child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted they shall—
a unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—
i a parent of his;
ii any person who is not a parent of his but who has parental responsibility for him; or
iii a relative of his; and
b consider the extent to which (if at all) they should exercise any of their functions with respect to the child.
6 Any person authorised by a local authority may, for the purpose of enabling the authority to discharge their duties under this section—
a enter, at any reasonable time, and inspect any premises in which children are being accommodated as mentioned in subsection (1) or (2);
b inspect any children there;
c require any person to furnish him with such records of a kind required to be kept by regulations made under section 22 of the Care Standards Act 2000 or section 20 of the Health and Social Care Act 2008 , or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (in whatever form they are held), or allow him to inspect such records, as he may at any time direct.
7 Any person exercising the power conferred by subsection (6) shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
8 Any person authorised to exercise the power to inspect records conferred by subsection (6)—
a shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
b may require—
i the person by whom or on whose behalf the computer is or has been so used; or
ii any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require.
9 Any person who intentionally obstructs another in the exercise of any power conferred by subsection (6) or (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
10 This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the M22 Further and Higher Education Act 1992, a 16 to 19 Academy or a school.

Part VIII  Registered Children’s Homes

I5963  Private children’s homes etc.

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11 Schedule 6 shall have effect with respect to private children’s homes.
12 Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated—
a for the purposes of this Act and the Care Standards Act 2000, as carrying on a children’s home ; and
b for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016, as providing a care home service within the meaning of Part 1 of that Act.

I6064  Welfare of children in children’s homes.

1 Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to—
a safeguard and promote the child’s welfare;
b make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and
c advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.
2 Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
a the child;
b his parents;
c any other person who is not a parent of his but who has parental responsibility for him; and
d any person whose wishes and feelings the person carrying on the home considers to be relevant,
regarding the matter to be decided.
3 In making any such decision the person concerned shall give due consideration—
a having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain;
b to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and
c to the child’s religious persuasion, racial origin and cultural and linguistic background.
4 Section 62, except subsection (4), shall apply in relation to any person who is carrying on a private children’s home as it applies in relation to any voluntary organisation.

I61C4165 2 Persons disqualified from carrying on, or being employed in children’s homes.

A1 A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless—
a P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and
b P has obtained the appropriate authority's written consent.
A2 A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless—
a E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and
b E has obtained the appropriate authority's written consent.
1 A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home in Wales unless he has—
a disclosed to the appropriate authority the fact that he is so disqualified; and
b obtained its written consent.
2 No person shall employ a person who is so disqualified in a children’s home in Wales unless he has—
a disclosed to the appropriate authority the fact that that person is so disqualified; and
b obtained its written consent.
3 Where the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states—
a the reason for the refusal;
b the applicant’s right to appeal under section 65A against the refusal to the First-tier Tribunal
c the time within which he may do so.
4 Any person who contravenes subsection (A1), (A2), (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5 Where a person contravenes subsection (A2) or (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.
6 In this section and section 65A “appropriate authority” means—
a in relation to England, the Her Majesty's Chief Inspector of Education, Children's Services and Skills; and
b in relation to Wales, the National Assembly for Wales.

65A  Appeal against refusal of authority to give consent under section 65.

1 An appeal against a decision of an appropriate authority under section 65 shall lie to the First-tier Tribunal .
2 On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.

PART IX  PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

I6266  Privately fostered children.

1 In this Part—
a “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation in their own home by, someone other than—
i a parent of his;
ii a person who is not a parent of his but who has parental responsibility for him; or
iii a relative of his; and
b “to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section.
2 A child is not privately fostered child if the person caring for and accommodating him—
a has done so for a period a period of less than 28 days; and
b does not intend to do so for any longer period.
3 Subsection (1) is subject to —
a the provisions of section 63; and
b the exceptions made by paragraph 1 to 5 of Schedule 8.
4 In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”.
4A The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.
5 Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part.

I6367  Welfare of privately fostered children.

1 It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within their area is being or will be satisfactorily safeguarded and promoted and to secure that such advice is given to those concerned with them as appears to the authority to be needed.
C422 The Secretary of State may make regulations—
a requiring every child who is privately fostered within a local authority’s area to be visited by an officer of the authority—
i in prescribed circumstances; and
ii on specified occasions or within specified periods; and
b imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section.
2A Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered.
C423 Where any person who is authorised by a local authority to visit for the purpose has reasonable cause to believe that—
a any privately fostered child is being accommodated in premises within the authority’s area; or
b it is proposed to accommodate any such child in any such premises,
he may at any reasonable time inspect those premises and any children there.
C424 Any person exercising the power under subsection (3) shall, if so required, produce some duly authenticated document showing his authority to do so.
C425 Where a local authority are not satisfied that the welfare of any child who is or is proposed to be privately fostered within their area is being or will be satisfactorily safeguarded or promoted they shall—
a unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—
i a parent of his;
ii any person who is not a parent of his but who has
parental responsibility for him; or
iii a relative of his; and
b consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
C426 The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).

I64C4368  Persons disqualified from being private foster parents.

1 Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section.
2 The regulations may, in particular, provide for a person to be so disqualified where—
a an order of a kind specified in the regulations has been made at any time with respect to him;
b an order of a kind so specified has been made at any time with respect to any child who has been in his care;
c a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;
d he has been convicted of any offence of a kind so specified, orF296. . . discharged absolutely or conditionally for any such offence;
e a prohibition has been imposed on him at any time under section 69 or under any other specified enactment;
f his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment.
2A A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).
3 Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if—
a he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or
b he lives in a household at which any such person is employed.
3A A person shall not foster a child privately if—
a he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or
b he lives in the same household as a person who is barred from such activity.
4 Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states—
a the reason for the refusal;
b the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and
c the time within which he may do so.
5 In this section—
  • “the appropriate authority” means the local authority within whose area it is proposed to foster the child in question; and
  • “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

I65C4469  Power to prohibit private fostering.

1 This section applies where a person—
a proposes to foster a child privately; or
b is fostering a child privately.
2 Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that—
a he is not a suitable person to foster a child;
b the premises in which the child will be, or is being, accommodated are not suitable; or
c it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises,
the authority may impose a prohibition on him under subsection (3).
3 A prohibition imposed on any person under this subsection may prohibit him from fostering privately—
a any child in any premises within the area of the local authority; or
b any child in premises specified in the prohibition.
c a child identified in the prohibition, in premises specified in the prohibition.
4 A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition—
a of their own motion; or
b on an application made by that person,
if they are satisfied that the prohibition is no longer justified.
5 Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3).
6 Any prohibition imposed by virtue of subsection (5) shall not have effect unless—
a the time specified for compliance with the requirement has expired; and
b the requirement has not been compiled with.
7 A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—
a the reason for imposing the prohibition;
b his right under paragraph 8 of Schedule 8 to appeal against the prohibition; and
c the time within which he may do so.

I66C4570  Offences.

1 A person shall be guilty of an offence if—
a being required, under any provision made by or under this Part, to give any notice or information—
i he fails without reasonable excuse to give the notice within the time specified in that provision; or
ii he fails without reasonable excuse to give the information within a reasonable time; or
iii he makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular;
b he refuses to allow a privately fostered child to be visited by a duly authorised officer of a local authority;
c he intentionally obstructs another in the exercise of the power conferred by section 67(3);
d he contravenes section 68;
e he fails without reasonable excuse to comply with any requirement imposed by a local authority under this Part;
f he accommodates a privately fostered child in any premises in contravention of a prohibition imposed by a local authority under this Part;
g he knowingly causes to be published, or publishes, an advertisement which he knows contravenes paragraph 10 of Schedule 8.
2 Where a person contravenes section 68(3), he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that any person to whom section 68(1) applied was living or employed in the premises in question.
3 A person guilty of an offence under subsection (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4 A person guilty of an offence under subsection (1)(b), (c) or (g) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5 A person guilty of an offence under subsection (1)(d) or (f) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
6 A person guilty of an offence under subsection (1)(e) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7 If any person who is required, under any provision of this Part, to give a notice fails to give the notice within the time specified in that provision, proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority.
8 Subsection (7) is not affected by anything in section 127(1) of the M23Magistrates’ Courts Act 1980 (time limit for proceedings).

F308C55Part X  Child Minding and Day Care for Young Children

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F311F311 C56Part XA  Child Minding and Day Care for Children in F310. . . Wales

Introductory

F78079A  Child minders and day care providers.

1 This section and section 79B apply for the purposes of this Part.
2 “Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly.
3 A person who—
a is the parent, or a relative, of a child;
b has parental responsibility for a child;
c is a local authority foster parent in relation to a child;
d is a foster parent with whom a child has been placed by a voluntary organisation; or
e fosters a child privately,
does not act as a child minder when looking after that child.
4 Where a person—
a looks after a child for the parents (“P1”), or
b in addition to that work, looks after another child for different parents (“P2”),
and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding.
5 In subsection (4), “parent”, in relation to a child, includes—
a a person who is not a parent of the child but who has parental responsibility for the child;
b a person who is a relative of the child.
6 “Day care” means care provided at any time for children under the age of eight on premises other than domestic premises.
7 This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours.
8 In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.

F76879B  Other definitions, etc.

1 F775. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In this Act “the Assembly” means the National Assembly for Wales.
3 A person is qualified for registration for child minding if—
a he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;
b every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;
c the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
d he is complying with regulations under section 79C and with any conditions imposed under this Part .
4 A person is qualified for registration for providing day care on particular premises if—
a he has made adequate arrangements to ensure that—
i every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and
ii every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;
b the responsible individual—
i is suitable to look after children under the age of eight, or
ii if he is not looking after such children, is suitable to be in regular contact with them;
c the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
d he is complying with regulations under section 79C and with any conditions imposed under this Part .
5 For the purposes of subsection (4)(a) a person is not treated as working on the premises in question if—
a none of his work is done in the part of the premises in which children are looked after; or
b he does not work on the premises at times when children are looked after there.
5ZA For the purposes of subsection (4), “the responsible individual” means—
a in a case of one individual working on the premises in the provision of day care, that person;
b in a case of two or more individuals so working, the individual so working who is in charge.
5A Where, for the purposes of determining a person’s qualification for registration under this Part—
a the Assembly requests any person (“A”) to consent to the disclosure to the Assembly by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and
b A does not give his consent (or withdraws it after having given it),
the Assembly may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.
6 “Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle.
7 “Regulations” means regulations made by the Assembly.
8 F779. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Schedule 9A (which supplements the provisions of this Part) shall have effect.

Regulations

F70779C  Regulations etc. governing child minders and day care providers.

1 F708. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales.
3 The regulations under this section may deal with the following matters (among others)—
a the welfare and development of the children concerned;
b suitability to look after, or be in regular contact with, children under the age of eight;
c qualifications and training;
d the maximum number of children who may be looked after and the number of persons required to assist in looking after them;
e the maintenance, safety and suitability of premises and equipment;
f the keeping of records;
g the provision of information.
4 F709. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 F710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 If the regulations require any person (other than the Assembly ) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—
a by the Assembly in the exercise of its functions under this Part, or
b in any proceedings under this Part.
7 Regulations may provide—
a that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and
b that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Registration

F72479D  Requirement to register.

1 No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.
2 Where it appears to the Assembly that a person has contravened subsection (1), the Assembly may serve a notice (“an enforcement notice”) on him.
3 An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.
4 If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse F727. . . , he shall be guilty of an offence.
5 No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises in Walesby the Assembly .
6 If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.
7 A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

F71279E  Applications for registration.

1 A person who wishes to be registered under this Part shall make an application to the Assembly .
2 The application shall—
a give prescribed information about prescribed matters;
b give any other information which the Assembly reasonably requires the applicant to give.
c be accompanied by the prescribed fee.
3 Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.
4 Where the Assembly has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the Assembly .
5 A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

F71579F  Grant or refusal of registration.

1 If, on an application under section 79E by a person for registration for child minding—
a the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); F717. . .
b F717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Assembly shall grant the application; otherwise, it shall refuse it.
2 If, on an application under section 79E by any person for registration for providing day care on any premises—
a the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); F717. . .
b F717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Assembly shall grant the application; otherwise, it shall refuse it.
3 An application may, as well as being granted subject to any conditions the Assembly thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the Assembly thinks fit to impose.
4 The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.
5 Any register kept by the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.
6 A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.
7 A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

F72979G  Cancellation of registration.

1 the Assembly may cancel the registration of any person if—
a in the case of a person registered for child minding, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;
b in the case of a person registered for providing day care on any premises, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,
or if a fee which is due from the person has not been paid.
2 Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person F730. . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—
a the time set for complying with the requirements has not expired; and
b it is shown that the defect or insufficiency is due to the changes or additions not having been made.
3 Any cancellation under this section must be in writing.

F71979H  Suspension of registration.

1 Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the Assembly in prescribed circumstances.
2 Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the First-tier Tribunal against suspension.
3 F722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.
5 A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.
6 If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

F73379J  Resignation of registration.

1 A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration.
2 But a person may not give a notice under subsection (1)—
a if the Assembly has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the Assembly has decided not to take that step; or
b if the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

F73579K  Protection of children in an emergency.

1 If, in the case of any person registered under this Part for acting as a child minder or providing day care—
a the Assembly applies to a justice of the peace for an order—
i cancelling the registration;
ii varying or removing any condition to which the registration is subject; or
iii imposing a new condition; and
b it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,
the justice may make the order.
2 The cancellation, variation, removal or imposition shall have effect from the time when the order is made.
3 An application under subsection (1) may be made without notice.
4 An order under subsection (1) shall be made in writing.
5 Where an order is made under this section, the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order—
a a copy of the order;
b a copy of any written statement of the Assembly’s reasons for making the application for the order which supported that application; and
c notice of any right of appeal conferred by section 79M.
6 Where an order has been so made, the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.

F738C9479L  Notice of intention to take steps.

1 Not less than 14 days before—
a refusing an application for registration;
b cancelling a registration;
c removing or varying any condition to which a registration is subject or imposing a new condition; or
d refusing to grant an application for the removal or variation of any condition to which a registration is subject,
the Assembly shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.
2 Every such notice shall—
a give the Assembly’s reasons for proposing to take the step; and
b inform the person concerned of his rights under this section.
3 Where the recipient of such a notice informs the Assembly in writing of his desire to object to the step being taken, the Assembly shall afford him an opportunity to do so.
4 Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative.
5 If the Assembly , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision.
6 A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination.
7 Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies the Assembly in writing that he does not intend to appeal.

F74079M  Appeals.

1 An appeal against—
a the taking of any step mentioned in section 79L(1); F741. . .
b an order under section 79K, or
c a determination made by the Assembly under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,
shall lie to the First-tier Tribunal.
2 On an appeal, the First-tier Tribunal may—
a confirm the taking of the step or the making of the order or determination or direct that it shall not have, or shall cease to have, effect; and
b impose, vary or cancel any condition.

Inspection: England

F74679N  General functions of the Chief Inspector.

F747. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79P  Early years child care inspectorate.

F752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74879Q  Inspection of provision of child minding and day care in England.

F749. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75079R  Reports of inspections.

F751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection: Wales

F78179S  General functions of the Assembly.

1 The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so.
2 In relation to child minding and day care provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; F782. . .

F78379T  Inspection: Wales.

1 The Assembly may at any time require any registered person to provide it with any information connected with the person’s activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part.
2 The Assembly may by regulations make provision—
a for the inspection of F784. . . child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales;
b for the publication of reports of the inspections in such manner as the Assembly considers appropriate.
3 The regulations may provide for the inspections to be organised by—
a the Assembly; or
b Her Majesty’s Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Assembly.
4 The regulations may provide for subsections (2) to (4) of section 29 of the Education Act 2005 to apply with modifications in relation to the publication of reports under the regulations.

Supplementary

F75579U  Rights of entry etc.

1 Any person authorised for the purposes of this subsection by the Assembly may at any reasonable time enter any premises in F764. . . Wales on which child minding or day care is at any time provided.
2 Where a person who is authorised for the purposes of this subsection by the Assembly has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time.
2A Authorisation under subsection (1) or (2)—
a may be given for a particular occasion or period;
b may be given subject to conditions.
3 A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))—
a inspect the premises;
b inspect, and take copies of—
i any records kept by the person providing the child minding or day care; and
ii any other documents containing information relating to its provision;
c seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
d require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section;
e take measurements and photographs or make recordings;
f inspect any children being looked after there, and the arrangements made for their welfare;
g interview in private the person providing the child minding or day care; and
h interview in private any person looking after children, or living or working, there who consents to be interviewed.
4 Section 58 of the Education Act 2005 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act.
F7605 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so.
7 It shall be an offence wilfully to obstruct a person exercising any such power.
8 Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
9 In this section—
  • F761. . .
  • “documents” and “records” each include information recorded in any form.

F75379V  Function of local authorities.

Each local authority in Wales shall, in accordance with regulations, secure the provision—
a of information and advice about child minding and day care; and
b of training for persons who provide or assist in providing child minding or day care.

Checks on suitability of persons working with children over the age of seven

F76579W  Requirement for certificate of suitability.

1 This section applies to any person not required to register under this Part who looks after, or provides care for, children in Wales and meets the following conditions.
References in this section to children are to those under the age of 15 or (in the case of disabled children) 17.
2 The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours.
3 The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight.
4 Regulations may require a person to whom this section applies to hold a certificate issued by the Assembly as to his suitability, and the suitability of each prescribed person, to look after children.
5 The regulations may make provision about—
a applications for certificates;
b the matters to be taken into account by the Assembly in determining whether to issue certificates;
c the information to be contained in certificates;
d the period of their validity.
6 The regulations may provide that a person to whom this section applies shall be guilty of an offence—
a if he does not hold a certificate as required by the regulations; or
b if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person.
7 The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence.
8 The regulations may provide that a person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Time limit for proceedings

F78679X  Time limit for proceedings.

Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

Part XI  Secretary of State’s Supervisory Functions and Responsibilities

I67 80   Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority.

1 The Appropriate National Authority may cause to be inspected from time to time any—
a private children’s home in England;
b premises in which a child who is being looked after by a local authority is living;
c premises in which a child who is being accommodated by or on behalf of a local authority in the exercise of education functions or a voluntary organisation is living;
d premises in which a child who is being accommodated by or on behalf of a Local Health Board, Special Health Authority F832... , National Health Service trust or NHS foundation trust or pursuant to arrangements made by the Appropriate National Authority, NHS England or an integrated care board under the National Health Service Act 2006 is living;
F318e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F318f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live;
h premises on which any person is acting as a child minder;
F319i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j care home in England or independent hospital used to accommodate children;
k premises which are provided by a local authority and in which any service is provided by that authority under Part III;
l school or college providing accommodation for any child;
2 An inspection under this section shall be conducted by a person authorised to do so by the Appropriate National Authority.
3 An officer of a local authority shall not be so authorised except with the consent of that authority.
4 The Appropriate National Authority may require any person of a kind mentioned in subsection (5) to furnish it with such information, or allow it to inspect such records (in whatever form they are held), relating to—
a any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies;
b any child who is living in any such premises;
c the discharge by the Appropriate National Authority of any of its functions under this Act; or
d the discharge by any local authority of any of their functions under this Act,
as the Appropriate National Authority may at any time direct.
5 The persons are any—
a local authority;
b voluntary organisation;
c person carrying on a private children’s home in England;
d proprietor of an independent school or governing body of any other school;
da governing body of an institution designated under section 28 of the M24 Further and Higher Education Act 1992;
db further education corporation;
dc sixth form college corporation;
dd proprietor of a 16 to 19 Academy;
e person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority, F326... Local Health Board, Special Health Authority F834... National Health Service trust , NHS foundation trust or voluntary organisation;
ea person providing accommodation for a child pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006;
f F330 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by a local authority) at which a child is accommodated on behalf of a local authority F332 . . . ;
F333h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F333hh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i person carrying on any home of a kind mentioned in subsection (1)(j).
j person carrying on a fostering agency.
6 Any person inspecting any home or other premises under this section may—
a inspect the children there; and
b make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.
7 Any person authorised by the Appropriate National Authority to exercise the power to inspect records conferred by subsection (4)—
a shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
b may require—
i the person by whom or on whose behalf the computer is or has been so used; or
ii any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such reasonable assistance as he may require.
8 A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.
9 Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so.
10 Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
11 The Appropriate National Authority may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order.
11A But subsections (1), (4) and (6) do not apply if—
a the Appropriate National Authority is the Welsh Ministers; and
b the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)).
12 Without prejudice to section 104, any such order may make different provision with respect to each of those subsections.
13 In this section—
  • “college” means an institution within the further education sector as defined in section 91 of the M25 Further and Higher Education Act 1992 or a 16 to 19 Academy;
  • “fostering agency” has the same meaning as in the Care Standards Act 2000;
  • “further education corporation” has the same meaning as in the M26 Further and Higher Education Act 1992.
  • “sixth form college corporation” has the same meaning as in that Act.
  • “proprietor” has the same meaning as in the Education Act 1996.
14 In this section “Appropriate National Authority” means—
a in relation to England, the Secretary of State; and
b in relation to Wales, the Welsh Ministers.

81  Inquiries.

F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I6882  Financial support by Secretary of State.

1 The Secretary of State may (with the consent of the Treasury) defray or contribute towards—
a any fees or expenses incurred by any person undergoing approved child care training;
b any fees charged, or expenses incurred, by any person providing approved child care training or preparing material for use in connection with such training; or
c the cost of maintaining any person undergoing such training.
2 The Secretary of State may make grants to local authorities in respect of expenditure incurred by them in providing secure accommodation in community homes other than assisted community homes.
3 Where—
a a grant has been made under subsection (2) with respect to any secure accommodation; but
b the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation,
the Secretary of State may (with the consent of the Treasury) require the authority concerned to repay the grant, in whole or in part.
4 The Secretary of State may make grants to voluntary organisations towards—
a expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred—
i were assisted community homes; or
ii were designated as such; or
b expenses incurred in respect of the borrowing of money to defray any such expenditure.
5 The Secretary of State may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which—
a are or will be provided in those homes; and
b in the opinion of the Secretary of State, are unlikely to be readily available in community homes.
6 In this Part—
  • “child care training” means training undergone by any person with a view to, or in the course of—
a his employment for the purposes of any of the functions mentioned in section 83(9) or in connection with the adoption of children or with the accommodation of children in a care home or independent hospital; or
b his employment by a voluntary organisation for similar purposes;
  • “approved child care training” means child care training which is approved by the Secretary of State; and
  • “secure accommodation” means accommodation provided for the purpose of restricting the liberty of children.
7 Any grant made under this section shall be of such amount, and shall be subject to such conditions, as the Secretary of State may (with the consent of the Treasury) determine.

I6983  Research and returns of information.

1 The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with—
a his functions, or the functions of local authorities, under the enactments mentioned in subsection (9);
aa the functions of—
i the Child Safeguarding Practice Review Panel;
ii safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;
iii child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;
b the adoption of children; or
c the accommodation of children in a care home or independent hospital.
2 Any local authority may conduct, or assist other persons in conducting, research into any matter connected with—
a their functions under the enactments mentioned in subsection (9);
F1344aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the adoption of children; or
c the accommodation of children in a care home or independent hospital.
3 Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to—
a the performance by the local authority of all or any of their functions—
i under the enactments mentioned in subsection (9); or
ii in connection with the accommodation of children in a care home or independent hospital; and
b the children in relation to whom the authority have exercised those functions.;F1345...
F1345c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to children accommodated by them or on their behalf.
4A Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.
5 The Secretary of State may direct an officer of the family court to transmit—
a to such person as may be specified in the direction; and
b at such times and in such form as he may direct,
such particulars as he may require with respect to proceedings of the court which relate to children.
6 The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (3) to (5).
7 The Secretary of State may institute research designed to provide information on which requests for information under this section may be based.
8 The Secretary of State shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by—
a the Central Council for Education and Training in Social Work;
b such representatives of local authorities as appear to him to be appropriate; or
c such other persons or organisations as appear to him to be appropriate,
concerning the provision of such training.
9 The enactments are—
a this Act;
b the Children and Young Persons Acts 1933 to 1969;
c section 116 of the M27Mental Health Act 1983 (so far as it relates to children looked after by local authorities);
ca Part 1 of the Adoption and Children Act 2002;
cb the Children Act 2004;
cc the Children and Young Persons Act 2008.
d F343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7084  Local authority failure to comply with statutory duty: default power of Secretary of State.

1 If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty.
2 An order under subsection (1) shall give the Secretary of State’s reasons for making it.
3 An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary.
4 Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.

Part XII  Miscellaneous and General

Notification of children accommodated in certain establishments

I7185  Children accommodated by health authorities and local education authorities.

1 Where a child is provided with accommodation in England by any F1275..., Special Health Authority, F836... National Health Service trust or NHS foundation trust or by a local authority in England in the exercise of education functions (“the accommodating authority”)—
a for a consecutive period of at least three months; or
b with the intention, on the part of that authority, of accommodating him for such a period,
the accommodating authority shall notify the appropriate officer of the responsible authority.
2 Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the appropriate officer of the responsible authority when they cease to accommodate the child.
2ZA Where a child is provided with accommodation—
a by a body which is not mentioned in subsection (1), and
b pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006,
subsections (1) and (2) apply in relation to the Secretary of State, NHS England or (as the case may be) the integrated care board as if it were the accommodating authority.
2A In a case where the child is provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.
3 In this section “the responsible authority” means—
a the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
b where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.
3A In this section and sections 86 and 86A “ the appropriate officer ” means—
a in relation to a local authority in England, their director of children's services; and
b in relation to a local authority in Wales, their director of social services.
4 Where the appropriate officer of a local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities), the local authority shall—
a take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and
b consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
5 For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.

I7286  Children accommodated in care homes or independent hospitals.

1 Where a child is provided with accommodation in England in any care home or independent hospital—
a for a consecutive period of at least three months; or
b with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,
the person carrying on the establishment in question shall notify the appropriate officer of the local authority within whose area the establishment is carried on.
2 Where subsection (1) applies with respect to a child, the person carrying on the establishment shall also notify the appropriate officer of that authority when he ceases to accommodate the child in the establishment .
3 Where the appropriate officer of a local authority has been notified under this section, the local authority shall—
a take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in the establishment in question ; and
b consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
4 If the person carrying on any care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.
5 A person authorised by a local authority in England may enter any care home or independent hospital within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.
6 Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
7 Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
8 Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

86A Visitors for children notified to local authority F1162...

1 This section applies if the appropriate officer of a local authority in England—
a has been notified with respect to a child under section 85(1) or 86(1) “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014; and
b has not been notified with respect to that child under section 85(2) , 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be.
2 The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).
3 It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).
4 Regulations under this section may make provision about—
a the frequency of visits under visiting arrangements;
b circumstances in which visiting arrangements must require a child to be visited; and
c additional functions of a representative.
5 Regulations under this section are to be made by the Secretary of State F1285....
6 In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
7 In this section “ visiting arrangements ” means arrangements made under subsection (2).

I73C5787 Welfare of children in boarding schools and colleges.

1 Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.
1A For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—
a it provides accommodation for the child on its own premises, or
b it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).
2 Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.
3 Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college.
3A Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).
3B Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).
4 Where the Chief Inspector for England is of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in England, he shall—
a in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, notify the local authority for the area in which the school is situated;
b in the case of a special school which is maintained by a local authority, notify that authority;
c in any other case, notify the Secretary of State.
4A Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in Wales, they shall—
a in the case of a school other than an independent school or a special school, notify the local authority for the area in which the school is situated;
b in the case of a special school which is maintained by a local authority, notify that authority.
5 Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge any of its functions under this section, enter at any time premises which are, or are to be, premises of the school or college.
6 Any person exercising the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.
7 Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
8 Any person authorised by the regulations to inspect records—
a shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
b may require—
i the person by whom or on whose behalf the computer is or has been so used; or
ii any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require.
9 Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9A Where the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college.
9B Where the Chief Inspector for England or the National Assembly for Wales publishes a report under this section, it must—
a send a copy of the report to the school or college concerned; and
b make copies of the report available for inspection at its offices by any person at any reasonable time.
9C Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate.
10 In this section and sections 87A to 87D—
  • “ the 1992 Act ” means the M28 Further and Higher Education Act 1992;
  • “ appropriate authority ” means—
    1. in relation to England, the Chief Inspector for England;
    2. in relation to Wales, the National Assembly for Wales;
  • “ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
  • “ college ” means an institution within the further education sector as defined in section 91 of the 1992 Act or a 16 to 19 Academy ;
  • F380 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • “ further education corporation ” has the same meaning as in the 1992 Act;
  • local authority and “proprietor” have the same meanings as in the M29 Education Act 1996
  • “sixth form college corporation” has the same meaning as in the 1992 Act.
11 In this section and sections 87A and 87D “ relevant person ” means—
a in relation to an independent school or an alternative provision Academy that is not an independent school, the proprietor of the school;
b in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;
c in relation to an institution conducted by a further education corporation or sixth form college corporation, the corporation.
d in relation to a 16 to 19 Academy, the proprietor of the Academy.
12 Where a person other than the proprietor of an independent school or an alternative provision Academy that is not an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.

C58 87A   Suspension of duty under section 87(3).

1 The Secretary of State may appoint a person to be an inspector for the purposes of this section if—
a that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and
b the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while accommodation for the children is provided by them.
2 Where—
a the relevant person enters into an agreement in writing with a person appointed under subsection (1),
b the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and
c the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,
the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.
3 Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—
a a notice under subsection (4) relating to the inspector, or
b a notice under subsection (5) relating to the relevant agreement.
4 The Secretary of State shall terminate a person’s appointment under subsection (1) if—
a that person so requests, or
b the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,
and shall give notice of the termination of that person’s appointment to the appropriate authority.
4A The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).
5 Where—
a the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and
b the relevant agreement ceases to have effect,
the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.
6 In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.

F384 C59 87B   Duties of inspectors under section 87A.

1 The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
2 Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school or college to which the agreement relates, the inspector shall give notice of that fact
a in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, to the local authority for the area in which the school is situated;
b in the case of a special school which is maintained by a local authority, to that authority;
c in any other case, to the Secretary of State.
3 Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
a give notice of that fact to the local authority in whose area the school or college is situated, and
b where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school or college.
4 In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.

87BA Quality assurance of inspectors under section 87A

1 The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England.
2 In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.
3 The Secretary of State may in particular give directions about—
a matters to be taken into account in preparing a report, and
b the form and contents of a report.

C60 87C   Boarding schools: national minimum standards.

1 The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided by a school or college.
2 The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
3 Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.
4 The standards shall be taken into account—
a in the making by the appropriate authority of any determination under section 87(4) or (4A);
b in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and
c in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).

C61 87D   Annual fee for boarding school inspections.

1 Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).
2 The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.
3 A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Adoption

I7488  Amendments of adoption legislation.

F3931 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7912 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Paternity tests

F39489 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal care and supervision orders

I7590  Care and supervision orders in criminal proceedings.

1 The power of a court to make an order under subsection (2) of section 1 of the M30Children and Young Persons Act 1969 (care proceedings in youth courts) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“the offence condition”) is satisfied is hereby abolished.
2 The powers of the court to make care orders—
a under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and
b under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act,
are hereby abolished.
3 The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12.

Effect and duration of orders etc.

I7691  Effect and duration of orders etc.

1 The making of a child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order.
1A For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a with whom the child is to live, and
b when the child is to live with any person.
2 The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.
2A Where an activity direction has been made with respect to a child, the making of a care order with respect to the child discharges the direction.
3 The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.
4 The making of a care order with respect to a child who is a ward of court brings that wardship to an end.
5 The making of a care order with respect to a child who is the subject of a school attendance order made under section 437 of the Education Act 1996 discharges the school attendance order.
5A The making of a special guardianship order with respect to a child who is the subject of—
a a care order; or
b an order under section 34,
discharges that order.
6 Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.
7 Any order made under section 4(1) 4ZA(1),4A(1) or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
8 Any—
a agreement under section 4 , 4ZA or 4A; or
b appointment under section 5(3) or (4),
shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
9 An order under Schedule 1 has effect as specified in that Schedule.
10 A section 8 order F1034... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6)F403. . . .
10A Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—
a with whom a child is to live, or
b when a child is to live with any person.
11 Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
12 Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
13 Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
14 On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court. For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).
15 Where an application (“the previous application”) has been made for—
a the discharge of a care order;
b the discharge of a supervision order;
c the discharge of an education supervision order;
d the substitution of a supervision order for a care order; or
e a child assessment order,
no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.
16 Subsection (15) does not apply to applications made in relation to interim orders.
17 Where—
a a person has made an application for an order under section 34;
b the application has been refused; and
c a period of less than six months has elapsed since the refusal,
that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.

91A Section 91(14) orders: further provision

1 This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”).
2 The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put—
a the child concerned, or
b another individual (“the relevant individual”),
at risk of harm.
3 In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health.
4 Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made.
5 A section 91(14) order may be made by the court—
a on an application made—
i by the relevant individual;
ii by or on behalf of the child concerned;
iii by any other person who is a party to the application being disposed of by the court;
b of its own motion.
6 In this section, “the child concerned” means the child referred to in section 91(14).

Jurisdiction and procedure etc.

I7792  Jurisdiction of courts.

F10421 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10422 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10423 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10424 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10425 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C627 For the purposes of this Act “the court” means the High Court or the family court .
C628 Subsection (7) is subject to F1040... any express provision as to the jurisdiction of any court made by any other provision of this Act.
F10419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Part II of Schedule 11 makes amendments consequential on this section.

I78C10593  Rules of court.

1 An authority having power to make rules of court may make such provision for giving effect to—
a this Act;
b the provisions of any statutory instrument made under this Act; or
c any amendment made by this Act in any other enactment,
as appears to that authority to be necessary or expedient.
2 The rules may, in particular, make provision—
a with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);
b as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;
bb for children to be separately represented in relevant proceedings,
c with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;
F1043d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e with respect to preliminary hearings;
F1044f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1044g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings;
F1045i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1045j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In subsection (2)—
  • “notice of proceedings” means a summons or such other notice of proceedings as is required; and “given”, in relation to a summons, means “served”;
  • “prescribed” means prescribed by the rules; and
  • “relevant proceedings” means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.
4 This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.
5 When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power.

F104694  Appeals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7995  Attendance of child at hearing under Part IV or V.

1 In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order.
2 The power conferred by subsection (1) shall be exercised in accordance with rules of court.
3 Subsections (4) to (6) apply where—
a an order under subsection (1) has not been complied with; or
b the court has reasonable cause to believe that it will not be complied with.
4 The court may make an order authorising a constable, or such person as may be specified in the order—
a to take charge of the child and to bring him to the court; and
b to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises.
5 The court may order any person who is in a position to do so to bring the child to the court.
6 Where the court has reason to believe that a person has information about the whereabouts of the child it may order him to disclose it to the court.

I8096  Evidence given by, or with respect to, children.

1 Subsection (2) applies where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an oath.
2 The child’s evidence may be heard by the court if, in its opinion—
a he understands that it is his duty to speak the truth; and
b he has sufficient understanding to justify his evidence being heard.
3 The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay.
4 An order under subsection (3) may only be made with respect to—
a civil proceedings in general or such civil proceedings, or class of civil proceedings, as may be prescribed; and
b evidence in connection with the upbringing, maintenance or welfare of a child.
5 An order under subsection (3)—
a may, in particular, provide for the admissibility of statements which are made orally or in a prescribed form or which are recorded by any prescribed method of recording;
b may make different provision for different purposes and in relation to different descriptions of court; and
c may make such amendments and repeals in any enactment relating to evidence (other than in this Act) as the Lord Chancellor considers necessary or expedient in consequence of the provision made by the order.
6 Subsection (5)(b) is without prejudice to section 104(4).
7 In this section—
  • “ civil proceedings ” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to “ the court ” shall be construed accordingly;
  • “prescribed” means prescribed by an order under subsection (3).

I81C10697  Privacy for children involved in certain proceedings.

F10471 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C632 No person shall publish to the public at large or any section of the public any material which is intended, or likely, to identify—
a any child as being involved in any proceedings before the High Court or the family court in which any power under this Act or the Adoption and Children Act 2002 may be exercised by the court with respect to that or any other child; or
b an address or school as being that of a child involved in any such proceedings.
3 In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.
C644 The court or the Lord Chancellor may, if satisfied that the welfare of the child requires it and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.
5 For the purposes of this section—
  • “publish” includes—
    1. include in a programme service (within the meaning of the Broadcasting Act 1990);
    2. cause to be published; and
  • “material” includes any picture or representation.
6 Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
6A It is not a contravention of this section to—
a enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or
b permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.
F10487 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10488 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).

I8298  Self-incrimination.

1 In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from—
a giving evidence on any matter; or
b answering any question put to him in the course of his giving evidence,
on the ground that doing so might incriminate him or his spouse or civil partner of an offence.
2 A statement or admission made in such proceedings shall not be admissible in evidence against the person making it or his spouse or civil partner in proceedings for an offence other than perjury.

F41599  .

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I83100  Restrictions on use of wardship jurisdiction.

1 Section 7 of the M31Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local authority) shall cease to have effect.
2 No court shall exercise the High Court’s inherent jurisdiction with respect to children—
a so as to require a child to be placed in the care, or put under the supervision, of a local authority;
b so as to require a child to be accommodated by or on behalf of a local authority;
c so as to make a child who is the subject of a care order a ward of court; or
d for the purpose of conferring on any local authority power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
3 No application for any exercise of the court’s inherent jurisdiction with respect to children may be made by a local authority unless the authority have obtained the leave of the court.
4 The court may only grant leave if it is satisfied that—
a the result which the authority wish to achieve could not be achieved through the making of any order of a kind to which subsection (5) applies; and
b there is reasonable cause to believe that if the court’s inherent jurisdiction is not exercised with respect to the child he is likely to suffer significant harm.
5 This subsection applies to any order—
a made otherwise than in the exercise of the court’s inherent jurisdiction; and
b which the local authority is entitled to apply for (assuming, in the case of any application which may only be made with leave, that leave is granted).

I84E4101  Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.

1 The Secretary of State may make regulations providing—
a for prescribed orders which—
i are made by a court in Northern Ireland; and
ii appear to the Secretary of State to correspond in their effect to orders which may be made under any provision of this Act,
to have effect in prescribed circumstances, for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act;
b for prescribed orders which—
i are made by a court in England and Wales; and
ii appear to the Secretary of State to correspond in their effect to orders which may be made under any provision in force in Northern Ireland,
to have effect in prescribed circumstances, for prescribed purposes of the law of Northern Ireland, as if they were orders of a prescribed kind made in Northern Ireland.
2 Regulations under subsection (1) may provide for the order concerned to cease to have effect for the purposes of the law of Northern Ireland, or (as the case may be) the law of England and Wales, if prescribed conditions are satisfied.
3 The Secretary of State may make regulations providing for prescribed orders which—
a are made by a court in the Isle of Man or in any of the Channel Islands; and
b appear to the Secretary of State to correspond in their effect to orders which may be made under this Act,
to have effect in prescribed circumstances for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act.
4 Where a child who is in the care of a local authority is lawfully taken to live in Northern Ireland, the Isle of Man or any of the Channel Islands, the care order in question shall cease to have effect if the conditions prescribed in regulations made by the Secretary of State are satisfied.
5 Any regulations made under this section may—
a make such consequential amendments (including repeals) in—
i section 25 of the M32Children and Young Persons Act 1969 (transfers between England and Wales and Northern Ireland); or
ii section 26 (transfers between England and Wales and Channel Islands or Isle of Man) of that Act,
as the Secretary of State considers necessary or expedient; and
b modify any provision of this Act, in its application (by virtue of the regulations) in relation to an order made otherwise than in England and Wales.

Search warrants

I85102  Power of constable to assist in exercise of certain powers to search for children or inspect premises.

1 Where, on an application made by any person for a warrant under this section, it appears to the court—
a that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or
b that any such person is likely to be so prevented from exercising any such powers,
it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.
2 Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—
a that person so desires; and
b the court by whom the warrant is issued does not direct otherwise.
3 A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses.
3A The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.
4 An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.
5 Where—
a an application for a warrant under this section relates to a particular child; and
b it is reasonably practicable to do so,
the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.
6 The enactments are—
a sections 62, 64, 67, 76,79U, 80, 86 and 87;
b paragraph 8(1)(b) and (2)(b) of Schedule 3;
c F420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

I86103  Offences by bodies corporate.

1 This section applies where any offence under this Act is committed by a body corporate.
2 If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

I87104  Regulations and orders.

1 Any power of the Lord Chancellor , the Treasury , the Secretary of State or the National Assembly for Wales under this Act to make an order, regulations, or rules, except an order under section 54(2), 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument.
2 Any such statutory instrument, except one made under section 4(1B), 4ZA(3), 17(4), 107 or 108(2) or one containing regulations which fall within subsection (3AA), (3AB), (3B) , (3BA) or (3C), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2A Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.
3 An order under section 4(1B) , 4ZA(3) F1144. . . shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
3A An order under section 4(1B) , 4ZA(3) or 17(4) or regulations which fall within subsection (3AA), (3AB), (3B) , (3BA) , (3BB) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
3AA Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).
3AB Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).
3B Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b).
3BA Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9).
3BB Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.
3C Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2.
4 Any statutory instrument made under this Act may—
a make different provision for different cases;
b provide for exemptions from any of its provisions; and
c contain F432. . . incidental, supplemental and transitional provisions F432. . . .

104A Regulations made by the Welsh Ministers under section 31A or Part 7

1 Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument.
2 Any such statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

I88105  Interpretation.

1 In this Act—
  • “activity condition” has the meaning given by section 11C;
  • “activity direction” has the meaning given by section 11A;
  • “adoption agency” means a body which may be referred to as an adoption agency by virtue of section 2 of the Adoption and Children Act 2002;
  • F1333...
  • “bank holiday” means a day which is a bank holiday under the M33Banking and Financial Dealings Act 1971;
  • “care home”—
    1. has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and
    2. means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;”
  • “care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;
  • “child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;
  • “child arrangements order” has the meaning given by section 8(1);
  • “child assessment order” has the meaning given by section 43(2);
  • “child minder” has the meaning given by section 71;
  • “child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
    1. a child of both of them, and
    2. any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family;
  • “children’s home”—
    1. has the same meaning as it has for the purposes of the Care Standards Act 2000 in respect of a children’s home in England (see section 1 of that Act); and
    2. means a place in Wales at which—
      1. a care home service is provided wholly or mainly to children, or
      2. a secure accommodation service is provided,
  • and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
  • F1424...
  • “community home” has the meaning given by section 53;
  • F1052...
  • F1052...
  • F1052...
  • “day care” F436... has the same meaning as in section 18;
  • “disabled”, in relation to a child, has the same meaning as in section 17(11);
  • F437...
  • “domestic premises” has the meaning given by section 71(12);
  • “dwelling-house” includes—
    1. any building or part of a building which is occupied as a dwelling;
    2. any caravan, house-boat or structure which is occupied as a dwelling;
    and any yard, garden, garage or outhouse belonging to it and occupied with it;
  • “education functions” has the meaning given by section 579(1) of the Education Act 1996;
  • “education supervision order” has the meaning given in section 36;
  • “emergency protection order” means an order under section 44;
  • “enforcement order” has the meaning given by section 11J;
  • “family assistance order” has the meaning given in section 16(2);
  • “family proceedings” has the meaning given by section 8(3);
  • “functions” includes powers and duties;
  • “guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;
  • “harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);
  • F441...
  • “health service hospital” means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;
  • “hospital” F443... has the same meaning as in the M34 Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;
  • “ill-treatment” has the same meaning as in section 31(9);
  • “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;
  • “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
  • “independent hospital”
    1. in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
    2. in relation to Wales, has the same meaning as in the Care Standards Act 2000;
  • “independent school” has the same meaning as in the Education Act 1996;
  • “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;
  • “local authority” means, in relation to England F448..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the M35 Social Work (Scotland) Act 1968;
  • “local authority foster parent” has the meaning given in section 22C(12);
  • “local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of—
    1. paragraph 12F of Schedule 2; or
    2. sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);
  • F451...
  • “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
  • “local housing authority” has the same meaning as in the M36 Housing Act 1985;
  • “mental nursing home” has the same meaning as in the M37 Registered Homes Act 1984;
  • “nursing home” has the same meaning as in the Act of 1984;
  • “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;
  • “parental responsibility” has the meaning given in section 3;
  • “parental responsibility agreement” has the meaning given in sections 4(1) , 4ZA(4) and 4A(2);
  • “prescribed” means prescribed by regulations made under this Act;
  • “private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is not a community home or a voluntary home;
  • F838...
  • “privately fostered child” and “to foster a child privately” have the same meaning as in section 66;
  • “prohibited steps order” has the meaning given by section 8(1);
  • F459...
  • “registered children’s home” has the same meaning as in section 63;
  • “registered pupil” has the same meaning as in the Education Act 1996;
  • “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent;
  • F1052...
  • “residential care home” has the same meaning as in the Registered Homes Act 1984 and “small home” has the meaning given by section 1(4A) of that Act;
  • “responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;
  • “school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the M38 Education (Scotland) Act 1980;
  • “section 31A plan” has the meaning given by section 31A(6);
  • “service”, in relation to any provision made under Part III, includes any facility;
  • “signed”, in relation to any person, includes the making by that person of his mark;
  • “special educational needs” has the same meaning as in the Education Act 1996;
  • “special guardian” and “special guardianship order” have the meaning given by section 14A;
  • “Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006,;
  • “specific issue order” has the meaning given by section 8(1);
  • F839...
  • “supervision order” has the meaning given by section 31(11);
  • “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;
  • “upbringing”, in relation to any child, includes the care of the child but not his maintenance;
  • “voluntary home” has the meaning given by section 60;
  • “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit;
  • “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.
2 References in this Act to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth must be read with section 1 of the M39 Family Law Reform Act 1987 (which extends the meaning of such references).
F10533 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C111C1124 References in this Act to a child who is looked after—
a in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and
b in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).
5 References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions of that or any other local authority which are social services functions F1289....
F4715A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5B References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).
5B In subsection (5) “social services functions” means—
a in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and
b in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.
6 In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—
a which is a school or other institution;
b in accordance with the requirements of a supervision order under this Act F473 ...;
ba in accordance with the requirements of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code; or
c while he is being provided with accommodation by or on behalf of a local authority.
7 References in this Act to children who are in need shall be construed in accordance with section 17.
7A References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
7B References in this Act to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 include references to arrangements so made in the exercise of functions of another person by virtue of any provision of that Act.
8 Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.
9 Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
10 For the purposes of this section, and of section 7 of the M40 Interpretation Act 1978 in its application to this section, the proper address of a person—
a in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;
b in the case of a partner of a firm, shall be that of the principal office of the firm; and
c in any other case, shall be the last known address of the person to be served.

I89106  Financial provisions.

1 Any—
a grants made by the Secretary of State under this Act; and
b any other expenses incurred by the Secretary of State under this Act,
shall be payable out of money provided by Parliament.
2 Any sums received by the Secretary of State under section 58, or by way of the repayment of any grant made under section 82(2) or (4) shall be paid into the Consolidated Fund.

I90107  Application to Channel Islands.

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the Order.

E5108  Short title, commencement extent etc.

1 This Act may be cited as the Children Act 1989.
2 Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.
3 Different dates may be appointed for different provisions of this Act and in relation to different cases.
4 The minor amendments set out in Schedule 12 shall have effect.
5 The consequential amendments set out in Schedule 13 shall have effect.
6 The transitional provisions and savings set out in Schedule 14 shall have effect.
7 The repeals set out in Schedule 15 shall have effect.
8 An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—
a provisions adding to or modifying the provisions of Schedule 14, and
b such adaptations—
i of the provisions brought into force by the order; and
ii of any provisions of this Act then in force,
as appear to him necessary or expedient in consequence of the partial operation of this Act.
9 The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.
10 This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
11 The following provisions of this Act extend to Scotland—
  • section 19;
  • section 25(8);
  • section 50(13);
  • Part X;
  • section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);
  • section 88;
  • section 104 (so far as necessary);
  • section 105 (so far as necessary);
  • subsections (1) to (3), (8) and (9) and this subsection;
  • in Schedule 2, paragraph 24;
  • in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;
  • in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;
  • in Schedule 14, paragraphs 1, 33 and 34;
  • in Schedule 15, the entries relating to—
a the M41Custody of Children Act 1891;
b the M42Nurseries and Child Minders Regulation Act 1948;
c section 53(3) of the M43Children and Young Persons Act 1963;
d section 60 of the M44Health Services and Public Health Act 1968;
e the M45Social Work (Scotland) Act 1968;
f the M46Adoption (Scotland) Act 1978;
g the M47Child Care Act 1980;
h the M48Foster Children (Scotland) Act 1984;
i the M49Child Abduction and Custody Act 1985; and
j the M50Family Law Act 1986.
12 The following provisions of this Act extend to Northern Ireland—
  • section 50;
  • section 101(1)(b), (2) and (5)(a)(i);
  • subsections (1) to (3), (8) and (9) and this subsection;
  • in Schedule 2, paragraph 24;
  • in Schedule 12, paragraphs 7 to 10, 18 and 27;
  • in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;
  • in Schedule 14, paragraphs F476. . ., 28 to 30 and 38(a); and
  • in Schedule 15, the entries relating to the M51Guardianship of Minors Act 1971, the M52Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.

SCHEDULES

SCHEDULE A1 

Enforcement orders

PART 1 Unpaid work requirement

The responsible officer etc

1
1 For the purposes of this Part of this Schedule—
  • “the responsible officer”, in relation to a relevant person, means the person who is for the time being responsible for discharging the functions conferred by this Part of this Schedule on the responsible officer in accordance with arrangements made by the Secretary of State;
  • “relevant person”, in relation to an enforcement order, means a person subject to the order.
2 The responsible officer must be an officer of a provider of probation services.

Obligations of responsible officer

2
1 This paragraph applies where an enforcement order is in force.
2 The responsible officer must—
a make any arrangements that are necessary in connection with the requirements imposed by the order, and
b promote the relevant person's compliance with those requirements.
3 Sub-paragraph (4) applies where—
a an enforcement order is in force, and
b an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer (as defined in section 35 of the Children Act 2004) is required under section 11M to report on matters relating to the order.
4 The officer of the Service or the Welsh family proceedings officer (“the family officer”) may request the responsible officer to report to the family officer on such matters relating to the order as the family officer may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request.

Enforcement order to specify relevant person's home local justice area

3
1 An enforcement order must specify which local justice area is the relevant person's home local justice area.
2 The area specified must be the local justice area in which the relevant person resides or will reside.

Requirement and obligation of relevant person

3A
1 In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to—
a the work to be performed, and
b the times, during a period of 12 months, at which the person is to perform it.
2 Sub-paragraph (1)(b) is subject to paragraphs 7 and 9.
3 But the period of 12 months is not to run while the enforcement order is suspended under section 11J(9).

Number of hours of unpaid work to be specified in order

3B
1 The number of hours which a person may be required to work under an unpaid work requirement—
a must be specified in the relevant order, and
b must, in aggregate, be—
i not less than 40, and
ii not more than 200.
2 Sub-paragraph (3) applies where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement.
3 The court may direct that the hours of work specified in any of those requirements is to be—
a concurrent with, or
b additional to,
those specified in any other of those orders.But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).
4 The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in sub-paragraph (1)(b).

Duty to keep in touch with responsible officer

3C
1 This paragraph applies where an enforcement order is in force.
2 The relevant person—
a must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the relevant person from time to time, and
b must notify the responsible officer of any change of address.
3 An obligation imposed by sub-paragraph (2) is enforceable as if it were a requirement of the enforcement order.

Rules relating to enforcement orders

3DThe power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended sentence orders may also be exercised in relation to persons subject to enforcement orders.

Part 2 Revocation, amendment or breach of enforcement order

Power to revoke

4
1 This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force.
2 The court may revoke the enforcement order if it appears to the court that—
a in all the circumstances no enforcement order should have been made,
b having regard to circumstances which have arisen since the enforcement order was made, it would be appropriate for the enforcement order to be revoked, or
c having regard to the person's satisfactory compliance with the child arrangements order or any child arrangements order that has effect in its place, it would be appropriate for the enforcement order to be revoked.
3 The enforcement order may be revoked by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.
4 In deciding whether to revoke the enforcement order under sub-paragraph (2)(b), the court is to take into account—
a the extent to which the person subject to the enforcement order has complied with it, and
b the likelihood that the person will comply with the child arrangements order or any contact order that has effect in its place in the absence of an enforcement order.
5 In deciding whether to revoke the enforcement order under sub-paragraph (2)(c), the court is to take into account the likelihood that the person will comply with the child arrangements order or any child arrangements order that has effect in its place in the absence of an enforcement order.

Amendment by reason of change of residence

5
1 This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force.
2 If the court is satisfied that the person has changed, or proposes to change, his residence from the local justice area specified in the order to another local justice area, the court may amend the order by substituting the other area for the area specified.
3 The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

Amendment of hours specified under unpaid work requirement

6
1 This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force.
2 If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may reduce the number of hours specified in the order (but not below the minimum specified in paragraph 3B(1)(b)(i)).
3 In amending the enforcement order under sub-paragraph (2), the court must be satisfied that the effect on the person of the enforcement order as proposed to be amended is no more than is required to secure his compliance with the child arrangements order or any child arrangements order that has effect in its place.
4 The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

Amendment to extend unpaid work requirement

7
1 This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force.
2 If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may, in relation to the order, extend the period of twelve months specified in paragraph 3A(1)(b).
3 The period may be extended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.

Warning and report following breach

8
1 This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order.
2 If the responsible officer is of the opinion that the person has failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order, the officer must give the person a warning under this paragraph unless—
a the person has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with the unpaid work requirement, or
b the responsible officer reports the failure to the appropriate person.
3 A warning under this paragraph must—
a describe the circumstances of the failure,
b state that the failure is unacceptable, and
c inform the person that, if within the next twelve months he again fails to comply with the unpaid work requirement, the warning and the subsequent failure will be reported to the appropriate person.
4 The responsible officer must, as soon as practicable after the warning has been given, record that fact.
5 If—
a the responsible officer has given a warning under this paragraph to a person subject to an enforcement order, and
b at any time within the twelve months beginning with the date on which the warning was given, the responsible officer is of the opinion that the person has since that date failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order,
the officer must report the failure to the appropriate person.
6 A report under sub-paragraph (5) must include a report of the warning given to the person subject to the enforcement order.
7 The appropriate person, in relation to an enforcement order, is the officer of the Service or the Welsh family proceedings officer who is required under section 11M to report on matters relating to the enforcement order.
8 “ Responsible officer ”, in relation to a person subject to an enforcement order, has the meaning given by paragraph 1.

Breach of an enforcement order

9
1 This paragraph applies where a court has made an enforcement order (“ the first order ”) in respect of a person's failure to comply with a provision of a child arrangements order.
2 If the court is satisfied beyond reasonable doubt that the person has failed to comply with the unpaid work requirement imposed by the first order, the court may—
a amend the first order so as to make the requirement more onerous, or
b make an enforcement order (“the second order”) in relation to the person and (if the first order is still in force) provide for the second order to have effect either in addition to or in substitution for the first order.
3 But the court may not exercise its powers under sub-paragraph (2) if it is satisfied that the person had a reasonable excuse for failing to comply with the unpaid work requirement imposed by the first order.
4 The burden of proof as to the matter mentioned in sub-paragraph (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.
5 The court may exercise its powers under sub-paragraph (2) in relation to the first order only on the application of a person who would be able to apply under section 11J for an enforcement order if the failure to comply with the first order were a failure to comply with a provision of the child arrangements order to which the first order relates.
6 Where the person proposing to apply to the court is the child with respect to whom the child arrangements order was made, subsections (6) and (7) of section 11J have effect in relation to the application as they have effect in relation to an application for an enforcement order.
7 An application to the court to exercise its powers under sub-paragraph (2) may only be made while the first order is in force.
8 The court may not exercise its powers under sub-paragraph (2) in respect of a failure by the person to comply with the unpaid work requirement imposed by the first order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of, a notice under section 11N relating to the first order.
9 In dealing with the person under sub-paragraph (2)(a), the court may—
a increase the number of hours specified in the first order (but not above the maximum specified in paragraph 3B(1)(b)(ii));
b in relation to the order, extend the period of twelve months specified in paragraph 3A(1)(b).
10 In exercising its powers under sub-paragraph (2), the court must be satisfied that, taking into account the extent to which the person has complied with the unpaid work requirement imposed by the first order, the effect on the person of the proposed exercise of those powers—
a is no more than is required to secure his compliance with the child arrangements order or any child arrangements order that has effect in its place, and
b is no more than is proportionate to the seriousness of his failures to comply with the provisions of the child arrangements order and with the first order.
11 Where the court exercises its powers under sub-paragraph (2) by making an enforcement order in relation to a person who has failed to comply with another enforcement order—
a sections 11K(4), 11L(2) to (7), 11M and 11N have effect as regards the making of the order in relation to the person as they have effect as regards the making of an enforcement order in relation to a person who has failed to comply with a provision of a child arrangements order;
b this Part of this Schedule has effect in relation to the order so made as if it were an enforcement order made in respect of the failure for which the other order was made.
12 Sub-paragraph (2) is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to enforcement orders.

Provision relating to amendment of enforcement orders

10Sections 11L(2) to (7) and 11M have effect in relation to the making of an order under paragraph 6(2), 7(2) or 9(2)(a) amending an enforcement order as they have effect in relation to the making of an enforcement order; and references in sections 11L(2) to (7) and 11M to an enforcement order are to be read accordingly.

SCHEDULE 1 

Financial Provision for Children

Section 15(1).

Orders for financial relief against parents

I911
1 On an application made by a parent , guardian or special guardian of a child, or by any person who is named in a child arrangements order as a person with whom a child is to live, the court may make one or more of the orders mentioned in sub-paragraph (2).
F1058a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1058b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The orders referred to in sub-paragraph (1) are—
a an order requiring either or both parents of a child—
i to make to the applicant for the benefit of the child; or
ii to make to the child himself,
such periodical payments, for such term, as may be specified in the order;
b an order requiring either or both parents of a child—
i to secure to the applicant for the benefit of the child; or
ii to secure to the child himself,
such periodical payments, for such term, as may be so specified;
c an order requiring either or both parents of a child—
i to pay to the applicant for the benefit of the child; or
ii to pay to the child himself,
such lump sum as may be so specified;
d an order requiring a settlement to be made for the benefit of the child, and to the satisfaction of the court, of property—
i to which either parent is entitled (either in possession or in reversion); and
ii which is specified in the order;
e an order requiring either or both parents of a child—
i to transfer to the applicant, for the benefit of the child; or
ii to transfer to the child himself,
such property to which the parent is, or the parents are, entitled (either in possession or in reversion) as may be specified in the order.
3 The powers conferred by this paragraph may be exercised at any time.
4 An order under sub-paragraph (2)(a) or (b) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.
5 Where a court makes an order under this paragraph—
a it may at any time make a further such order under sub-paragraph (2)(a), (b) or (c) with respect to the child concerned if he has not reached the age of eighteen;
b it may not make more than one order under sub-paragraph (2)(d) or (e) against the same person in respect of the same child.
6 On making, varying or discharging F1056... a special guardianship order , or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule.
6A For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to—
a with whom the child is to live, or
b when the child is to live with any person.
7 Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.

Orders for financial relief for persons over eighteen

I922
1 If, on an application by a person who has reached the age of eighteen, it appears to the court—
a that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
b that there are special circumstances which justify the making of an order under this paragraph,
the court may make one or both of the orders mentioned in sub-paragraph (2).
2 The orders are—
a an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;
b an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified.
3 An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him.
4 No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household.
5 An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.
6 In sub-paragraph (3) “periodical payments order” means an order made under—
a this Schedule;
F480b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c section 23 or 27 of the M53Matrimonial Causes Act 1973;
d Part I of the M54Domestic Proceedings and Magistrates’ Courts Act 1978,
e Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);
f Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),
for the making or securing of periodical payments.
7 The powers conferred by this paragraph shall be exercisable at any time.
8 Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.

Duration of orders for financial relief

I933
1 The term to be specified in an order for periodical payments made under paragraph 1(2)(a) or (b) in favour of a child may begin with the date of the making of an application for the order in question or any later date or a date ascertained in accordance with sub-paragraph (5) or (6) but—
a shall not in the first instance extend beyond the child’s seventeenth birthday unless the court thinks it right in the circumstances of the case to specify a later date; and
b shall not in any event extend beyond the child’s eighteenth birthday.
2 Paragraph (b) of sub-paragraph (1) shall not apply in the case of a child if it appears to the court that—
a the child is, or will be or (if an order were made without complying with that paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
b there are special circumstances which justify the making of an order without complying with that paragraph.
3 An order for periodical payments made under paragraph 1(2)(a) or 2(2)(a) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.
4 Where an order is made under paragraph 1(2)(a) or (b) requiring periodical payments to be made or secured to the parent of a child, the order shall cease to have effect if —
a any parent making or securing the payments; and
b any parent to whom the payments are made or secured,
live together for a period of more than six months.
5 Where—
a a maintenance calculation (“the current caculation”) is in force with respect to a child; and
b an application is made for an order under paragraph 1(2)(a) or (b) of this Schedule for periodical payments in favour of that child—
i in accordance with section 8 of the Child Support Act 1991 M55; and
ii before the end of the period of 6 months beginning with the making of the current calculation,
the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.
6 For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of—
a the date 6 months before the application is made; or
b the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect.
7 Where—
a a maintenance calculation ceases to have effect or is cancelled by or under any provision of the Child Support Act 1991, and
b an application is made, before the end of the period of 6 months beginning with the relevant date, for an order for periodical payments under paragraph 1(2)(a) or (b) in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect or was cancelled,
the term to be specified in any such order, or in any interim order under paragraph 9, made on that application may begin with the date on which that maintenance calculation ceased to have effect or, as the case may be, the date with effect from which it was cancelled, or any later date.
8 In sub-paragraph (7)(b)—
a where the maintenance calculation ceased to have effect, the relevant date is the date on which it so ceased; and
b where the maintenance assessment was cancelled, the relevant date is the later of—
i the date on which the person who cancelled it did so, and
ii the date from which the cancellation first had effect.

Matters to which court is to have regard in making orders for financial relief

I944
1 In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances including—
a the income, earning capacity, property and other financial resources which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;
b the financial needs, obligations and responsibilities which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;
c the financial needs of the child;
d the income, earning capacity (if any), property and other financial resources of the child;
e any physical or mental disability of the child;
f the manner in which the child was being, or was expected to be, educated or trained.
2 In deciding whether to exercise its powers under paragraph 1 against a person who is not the mother or father of the child, and if so in what manner, the court shall in addition have regard to—
a whether that person had assumed responsibility for the maintenance of the child and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility;
b whether he did so knowing that the child was not his child;
c the liability of any other person to maintain the child.
3 Where the court makes an order under paragraph 1 against a person who is not the father of the child, it shall record in the order that the order is made on the basis that the person against whom the order is made is not the child’s father.
4 The persons mentioned in sub-paragraph (1) are—
a in relation to a decision whether to exercise its powers under paragraph 1, any parent of the child;
b in relation to a decision whether to exercise its powers under paragraph 2, the mother and father of the child;
c the applicant for the order;
d any other person in whose favour the court proposes to make the order.
5 In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, any reference in sub-paragraph (2), (3) or (4) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.

Provisions relating to lump sums

I955
1 Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses—
a incurred in connection with the birth of the child or in maintaining the child; and
b reasonably incurred before the making of the order,
to be met.
F10602 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent.
F10614 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments.
6 Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying—
a the number of instalments payable;
b the amount of any instalment payable;
c the date on which any instalment becomes payable.
7 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Variation etc. of orders for periodical payments

I966
1 In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order.
2 The power of the court under paragraph 1 or 2 to vary an order for the making or securing of periodical payments shall include power to suspend any provision of the order temporarily and to revive any provision so suspended.
3 Where on an application under paragraph 1 or 2 for the variation or discharge of an order for the making or securing of periodical payments the court varies the payments required to be made under that order, the court may provide that the payments as so varied shall be made from such date as the court may specify, except that, subject to sub-paragraph (9), the date shall not be earlier than the date of the making of the application.
4 An application for the variation of an order made under paragraph 1 for the making or securing of periodical payments to or for the benefit of a child may, if the child has reached the age of sixteen, be made by the child himself.
5 Where an order for the making or securing of periodical payments made under paragraph 1 ceases to have effect on the date on which the child reaches the age of sixteen, or at any time after that date but before or on the date on which he reaches the age of eighteen, the child may apply to the court which made the order for an order for its revival.
6 If on such an application it appears to the court that—
a the child is, will be or (if an order were made under this sub-paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
b there are special circumstances which justify the making of an order under this paragraph,
the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.
7 Any order which is revived by an order under sub-paragraph (5) may be varied or discharged under that provision, on the application of any person by whom or to whom payments are required to be made under the revived order.
8 An order for the making or securing of periodical payments made under paragraph 1 may be varied or discharged, after the death of either parent, on the application of a guardian or special guardian of the child concerned.
9 Where—
a an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;
b the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them;
c a maintenance calculation (“the calculation") is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and
d an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order,
the court may, in exercise of its powers under paragraph 1 to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which the calculation took effect or any later date.

F499Variation of orders for periodical payments etc. made by magistrates’ courts

C656A
1 Subject to sub-paragraph (7), the power of the family court—
a under paragraph 1 or 2 to vary an order for the making of periodical payments, or
b under paragraph 5(6) to vary an order for the payment of a lump sum by instalments,
shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991 .
F10722 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10723 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10724 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10725 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of sub-paragraph (1) as it applies for the purposes of that section.
7 Before varying the order by exercising one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991, the court shall have regard to any representations made by the parties to the application.
F10648 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 None of the powers of the court F1062..., conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales.
F106910 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of orders for secured periodical payments after death of parent

I977
1 Where the parent liable to make payments under a secured periodical payments order has died, the persons who may apply for the variation or discharge of the order shall include the personal representatives of the deceased parent.
2 No application for the variation of the order shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that parent is first taken out.
3 The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the end of the period of six months referred to in sub-paragraph (2) on the ground that they ought to have taken into account the possibility that the court might permit an application for variation to be made after that period by the person entitled to payments under the order.
4 Sub-paragraph (3) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the variation of an order in accordance with this paragraph.
5 Where an application to vary a secured periodical payments order is made after the death of the parent liable to make payments under the order, the circumstances to which the court is required to have regard under paragraph 6(1) shall include the changed circumstances resulting from the death of the parent.
6 The following are to be left out of account when considering for the purposes of sub-paragraph (2) when representation was first taken out—
a a grant limited to settled land or to trust property,
b any other grant that does not permit any of the estate to be distributed,
c a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
d a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (6A)).
6A A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (6), but is to be taken as dated on the date of sealing.
7 In this paragraph “secured periodical payments order” means an order for secured periodical payments under paragraph 1(2)(b).

Financial relief under other enactments

I988
1 This paragraph applies where a child arrangements order to which sub-paragraph (1A) applies or a special guardianship order is made with respect to a child at a time when there is in force an order (“the financial relief order") made under any enactment other than this Act and requiring a person to contribute to the child’s maintenance.
1A This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
a with whom the child concerned is to live, and
b when the child is to live with any person.
2 Where this paragraph applies, the court may, on the application of—
a any person required by the financial relief order to contribute to the child’s maintenance; or
b any person who is named in a child arrangements order as a person with whom the child is to live or in whose favour F1076... a special guardianship order with respect to the child is in force,
make an order revoking the financial relief order, or varying it by altering the amount of any sum payable under that order or by substituting the applicant for the person to whom any such sum is otherwise payable under that order.

Interim orders

I999
1 Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order—
a requiring either or both parents to make such periodical payments, at such times and for such term as the court thinks fit; and
b giving any direction which the court thinks fit.
2 An interim order made under this paragraph may provide for payments to be made from such date as the court may specify except that, subject to paragraph 3(5) and (6), the date shall not be earlier than the date of the making of the application under paragraph 1 or 2.
3 An interim order made under this paragraph shall cease to have effect when the application is disposed of or, if earlier, on the date specified for the purposes of this paragraph in the interim order.
4 An interim order in which a date has been specified for the purposes of sub-paragraph (3) may be varied by substituting a later date.

Alteration of maintenance agreements

I10010
1 In this paragraph and in paragraph 11 “maintenance agreement” means any agreement in writing made with respect to a child, whether before or after the commencement of this paragraph, which—
a is or was made between the father and mother of the child; and
b contains provision with respect to the making or securing of payments, or the disposition or use of any property, for the maintenance or education of the child,
and any such provisions are in this paragraph, and paragraph 11, referred to as “financial arrangements”.
2 Subject to sub-paragraph (2A), where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then, either party may apply to the court for an order under this paragraph.
2A If an application or part of an application relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18.
2B In sub-paragraph (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
3 If the court to which the application is made is satisfied either—
a that, by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different financial arrangements; or
b that the agreement does not contain proper financial arrangements with respect to the child,
then that court may by order make such alterations in the agreement by varying or revoking any financial arrangements contained in it as may appear to it to be just having regard to all the circumstances.
4 If the maintenance agreement is altered by an order under this paragraph, the agreement shall have effect thereafter as if the alteration had been made by agreement between the parties and for valuable consideration.
5 Where a court decides to make an order under this paragraph altering the maintenance agreement—
a by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the child; or
b by increasing the rate of periodical payments required to be made or secured by one of the parties for the maintenance of the child,
then, in deciding the term for which under the agreement as altered by the order the payments or (as the case may be) the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of sub-paragraphs (1) and (2) of paragraph 3 as if the order were an order under paragraph 1(2)(a) or (b).
F10776 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 For the avoidance of doubt it is hereby declared that nothing in this paragraph affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings.
8 In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the reference in sub-paragraph (1)(a) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.
I10111
1 Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may apply to the High Court or the family court for an order under paragraph 10.
2 If a maintenance agreement is altered by a court on an application under this paragraph, the agreement shall have effect thereafter as if the alteration had been made, immediately before the death, by agreement between the parties and for valuable consideration.
3 An application under this paragraph shall not, except with leave of the High Court or the family court, be made after the end of the period of six months beginning with the day on which representation in regard to the estate of the deceased is first taken out.
4 The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out—
a a grant limited to settled land or to trust property,
b any other grant that does not permit any of the estate to be distributed,
c a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,
d a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (4A)).
4A A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing.
F10805 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 The provisions of this paragraph shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiry of the period of six months referred to in sub-paragraph (3) on the ground that they ought to have taken into account the possibility that a court might grant leave for an application by virtue of this paragraph to be made by the surviving party after that period.
7 Sub-paragraph (6) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.

Enforcement of orders for maintenance

12
I1021 Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by the family court under this Act shall give notice of any change of address to such person (if any) as may be specified in the order.
2 Any person failing without reasonable excuse to give such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
F10823 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction for settlement of instrument by conveyancing counsel

I10313Where the High Court or the family court decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of property, it may direct that the matter be referred to one of the conveyancing counsel of the court to settle a proper instrument to be executed by all necessary parties.

Jurisdiction F1395...

14
1 The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application—
a a parent of the child;
b a guardian or special guardian of the child;
c a person who is named in a child arrangements order as a person with whom the child is to live;
d the child.
2 The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application.

Local authority contribution to child’s maintenance

I10415
1 Where a child lives, or is to live, with a person as the result of a child arrangements order, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child.
2 Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife or civil partner of a parent of the child.

Interpretation

I10516
1 In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.
2 In this Schedule, except paragraphs 2 and 15, “parent” includes—
a any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
b any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.
3 In this Schedule, “maintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.

I131C73 SCHEDULE 2 

SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

Sections 17, 23 and 29.

Application to local authorities in England

A1
1 This Schedule applies only in relation to local authorities in England.
2 Accordingly, unless the contrary intention appears, a reference in this Schedule to a local authority means a local authority in England.

Part I I117Provision of Services for Families

Identification of children in need and provision of information

I1061
1 Every local authority shall take reasonable steps to identify the extent to which there are children in need within their area.
2 Every local authority shall—
a publish information—
i about services provided by them under sections 17, 18, 20 and 23D ; and
ii where they consider it appropriate, about the provision by others (including, in particular, voluntary organisations) of services which the authority have power to provide under those sections; and
b take such steps as are reasonably practicable to ensure that those who might benefit from the services receive the information relevant to them.

Children’s services plans

1A F508 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maintenance of a register of disabled children

I1072
1 Every local authority shall open and maintain a register of disabled children within their area.
2 The register may be kept by means of a computer.

Assessment of children’s needs

I1083Where it appears to a local authority that a child within their area is in need, the authority may assess his needs for the purposes of this Act at the same time as any assessment of his needs is made under—
a the M56Chronically Sick and Disabled Persons Act 1970;
b Part IV of the Education Act 1996;
ba Part 3 of the Children and Families Act 2014;
c the M57Disabled Persons (Services, Consultation and Representation) Act 1986; or
d any other enactment.

Prevention of neglect and abuse

I1094
1 Every local authority shall take reasonable steps, through the provision of services under Part III of this Act, to prevent children within their area suffering ill-treatment or neglect.
2 Where a local authority believe that a child who is at any time within their area—
a is likely to suffer harm; but
b lives or proposes to live in the area of another local authority or in the area of a local authority in Wales
they shall inform that other local authority or the local authority in Wales, as the case may be.
3 When informing that other local authority or the local authority in Wales they shall specify—
a the harm that they believe he is likely to suffer; and
b (if they can) where the child lives or proposes to live.

Provision of accommodation in order to protect child

I1105
1 Where—
a it appears to a local authority that a child who is living on particular premises is suffering, or is likely to suffer, ill treatment at the hands of another person who is living on those premises; and
b that other person proposes to move from the premises,
the authority may assist that other person to obtain alternative accommodation.
2 Assistance given under this paragraph may be in cash.
3 Subsections (7) to (9) of section 17 shall apply in relation to assistance given under this paragraph as they apply in relation to assistance given under that section.

Provision for disabled children

I1116
1 Every local authority shall provide services designed—
a to minimise the effect on disabled children within their area of their disabilities; F512...
b to give such children the opportunity to lead lives which are as normal as possible ; and
c to assist individuals who provide care for such children to continue to do so, or to do so more effectively, by giving them breaks from caring.
2 The duty imposed by sub-paragraph (1)(c) shall be performed in accordance with regulations made by the Secretary of State.

Provision to reduce need for care proceedings etc.

I1127Every local authority shall take reasonable steps designed—
a to reduce the need to bring—
i proceedings for care or supervision orders with respect to children within their area;
ii criminal proceedings against such children;
iii any family or other proceedings with respect to such children which might lead to them being placed in the authority’s care; or
iv proceedings under the inherent jurisdiction of the High Court with respect to children;
b to encourage children within their area not to commit criminal offences; and
c to avoid the need for children within their area to be placed in secure accommodation within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014.

Provision for children living with their families

I1138Every local authority shall make such provision as they consider appropriate for the following services to be available with respect to children in need within their area while they are living with their families—
a advice, guidance and counselling;
b occupational, social, cultural or recreational activities;
c home help (which may include laundry facilities);
d facilities for, or assistance with, travelling to and from home for the purpose of taking advantage of any other service provided under this Act or of any similar service;
e assistance to enable the child concerned and his family to have a holiday.

Provision for accommodated children

8A
1 Every local authority shall make provision for such services as they consider appropriate to be available with respect to accommodated children.
2 “Accommodated children” are those children in respect of whose accommodation the local authority have been notified under section 85 or 86 or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities).
3 The services shall be provided with a view to promoting contact between each accommodated child and that child's family.
4 The services may, in particular, include—
a advice, guidance and counselling;
b services necessary to enable the child to visit, or to be visited by, members of the family;
c assistance to enable the child and members of the family to have a holiday together.
5 Nothing in this paragraph affects the duty imposed by paragraph 10.

Family centres

I1149
1 Every local authority shall provide such family centres as they consider appropriate in relation to children within their area.
2 “Family centre” means a centre at which any of the persons mentioned in sub-paragraph (3) may—
a attend for occupational, social, cultural or recreational activities;
b attend for advice, guidance or counselling; or
c be provided with accommodation while he is receiving advice, guidance or counselling.
3 The persons are—
a a child;
b his parents;
c any person who is not a parent of his but who has parental responsibility for him;
d any other person who is looking after him.

Maintenance of the family home

I11510Every local authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after is living apart from his family—
a to enable him to live with his family; or
b to promote contact between him and his family,
if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare.

Duty to consider racial groups to which children in need belong

I11611Every local authority shall, in making any arrangements—
a for the provision of day care within their area; or
b designed to encourage persons to act as local authority foster parents,
have regard to the different racial groups to which children within their area who are in need belong.

Part II  Children Looked After By Local Authorities in England

Regulations as to placing of children with local authority foster parents

I118C66F51612Regulations under section 23(2)(a) may, in particular, make provision—
a with regard to the welfare of children placed with local authority foster parents;
b as to the arrangements to be made by local authorities in connection with the health and education of such children;
c as to the records to be kept by local authorities;
d for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed;
e for securing that where possible the local authority foster parent with whom a child is to be placed is—
i of the same religious persuasion as the child; or
ii gives an undertaking that the child will be brought up in that religious persuasion;
f for securing that children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it;
g as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged, on their behalf.

Regulations as to arrangements under section 23(2)(f)

I119F51713Regulations under section 23(2)(f) may, in particular, make provision as to—
a the persons to be notified of any proposed arrangements;
b the opportunities such persons are to have to make representations in relation to the arrangements proposed;
c the persons to be notified of any proposed changes in arrangements;
d the records to be kept by local authorities;
e the supervision by local authorities of any arrangements made.

Regulations as to conditions under which child in care is allowed to live with parent, etc.

I120F51814Regulations under section 23(5) may, in particular, impose requirements on a local authority as to—
a the making of any decision by a local authority to allow a child to live with any person falling within section 23(4) (including requirements as to those who must be consulted before the decision is made, and those who must be notified when it has been made);
b the supervision or medical examination of the child concerned;
c the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom he has been allowed to live.
d the records to be kept by local authorities.

Regulations as to conditions under which child in care is allowed to live with parent, etc

12ARegulations under section 22C may, in particular, impose requirements on a local authority as to—
a the making of any decision by a local authority to allow a child in their care to live with any person falling within section 22C(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made);
b the supervision or medical examination of the child concerned;
c the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom the child has been allowed to live;
d the records to be kept by local authorities.

Regulations as to placements of a kind specified in section 22C(6)(d)

12BRegulations under section 22C as to placements of the kind specified in section 22C(6)(d) may, in particular, make provision as to—
a the persons to be notified of any proposed arrangements;
b the opportunities such persons are to have to make representations in relation to the arrangements proposed;
c the persons to be notified of any proposed changes in arrangements;
d the records to be kept by local authorities;
e the supervision by local authorities of any arrangements made.

Placements out of area

12CRegulations under section 22C may, in particular, impose requirements which a local authority must comply with—
a before a child looked after by them is provided with accommodation at a place outside the area of the authority; or
b if the child's welfare requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be prescribed.

Avoidance of disruption in education

12D
1 Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a child's placement if he is in the fourth key stage or within sub-paragraph (3).
2 A child is “in the fourth key stage” if he is a pupil in the fourth key stage for the purposes of Part 6 or 7 of the Education 2002 (see section 82 and 103 of that Act).
3 A child is within this sub-paragraph if the child—
a is a pupil at a maintained school maintained by a local authority in Wales,
b has completed the school year in which the majority of pupils in the child’s class attained the age of 14, and
c is still of compulsory school age.
4 In sub-paragraph (3)—
a “pupil”, “school year” and “compulsory school age” have the meaning given by the Education Act 1996;
b “maintained school” has the meaning given by section 20(7) of the School Standards and Framework Act 1998;
c “the child’s class” means—
i the teaching group in which the child is regularly taught at school, or
ii where there are two or more such groups, the group designated by the head teacher of the child’s school.

Regulations as to placing of children with local authority foster parents

12ERegulations under section 22C may, in particular, make provision—
a with regard to the welfare of children placed with local authority foster parents;
b as to the arrangements to be made by local authorities in connection with the health and education of such children;
c as to the records to be kept by local authorities;
d for securing that where possible the local authority foster parent with whom a child is to be placed is—
i of the same religious persuasion as the child; or
ii gives an undertaking that the child will be brought up in that religious persuasion;
e for securing the children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it.
12F
1 Regulations under section 22C may, in particular, also make provision—
a for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed in regulations made by the Secretary of State;
b establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Secretary of State for a review of that determination by a panel constituted by the Secretary of State.
2 A determination is a qualifying determination if—
a it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent; and
b it is of a prescribed description.
3 Regulations made by virtue of sub-paragraph (1)(b) may include provision as to—
a the duties and powers of a panel;
b the administration and procedures of a panel;
c the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment);
d the payment of fees to members of a panel;
e the duties of any person in connection with a review conducted under the regulations;
f the monitoring of any such reviews.
4 Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the Secretary of State such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.
5 The Secretary of State must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions.
6 The Secretary of State may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf.
7 If the Secretary of State makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority.
8 The arrangement may include provision for payments to be made to the organisation by the Secretary of State.
9 Payments made by the Secretary of State in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions.
F1306 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 In this paragraph—
  • “ financial year ” means a period of twelve months ending with 31st March;
  • “ independent review function ” means a function conferred or imposed on a national authority by regulations made by virtue of sub-paragraph (1)(b);
  • “ organisation ” includes the Welsh Ministers, a public body and a private or voluntary organisation.
12GRegulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged on their behalf.

Promotion and maintenance of contact between child and family

I121C67C6815
1 Where a child is being looked after by a local authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and—
a his parents;
b any person who is not a parent of his but who has parental responsibility for him; and
c any relative, friend or other person connected with him.
2 Where a child is being looked after by a local authority—
a the authority shall take such steps as are reasonably practicable to secure that—
i his parents; and
ii any person who is not a parent of his but who has parental responsibility for him,
are kept informed of where he is being accommodated; and
b every such person shall secure that the authority are kept informed of his or her address.
3 Where a local authority (“the receiving authority") take over the provision of accommodation for a child from another local authority or a local authority in Wales (“the transferring authority") under section 20(2)—
a the receiving authority shall (where reasonably practicable) inform—
i the child’s parents; and
ii any person who is not a parent of his but who has parental responsibility for him;
b sub-paragraph (2)(a) shall apply to the transferring authority, as well as the receiving authority, until at least one such person has been informed of the change; and
c sub-paragraph (2)(b) shall not require any person to inform the receiving authority of his address until he has been so informed.
4 Nothing in this paragraph requires a local authority to inform any person of the whereabouts of a child if—
a the child is in the care of the authority; and
b the authority has reasonable cause to believe that informing the person would prejudice the child’s welfare.
5 Any person who fails (without reasonable excuse) to comply with sub-paragraph (2)(b) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
6 It shall be a defence in any proceedings under sub-paragraph (5) to prove that the defendant was residing at the same address as another person who was the child’s parent or had parental responsibility for the child and had reasonable cause to believe that the other person had informed the appropriate authority that both of them were residing at that address.

Visits to or by children: expenses

I12216
1 This paragraph applies where—
a a child is being looked after by a local authority; and
b the conditions mentioned in sub-paragraph (3) are satisfied.
2 The authority may—
a make payments to—
i a parent of the child;
ii any person who is not a parent of his but who has parental responsibility for him; or
iii any relative, friend or other person connected with him,
in respect of travelling, subsistence or other expenses incurred by that person in visiting the child; or
b make payments to the child, or to any person on his behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in his visiting—
i a parent of his;
ii any person who is not a parent of his but who has parental responsibility for him; or
iii any relative, friend or other person connected with him.
3 The conditions are that—
a it appears to the authority that the visit in question could not otherwise be made without undue financial hardship; and
b the circumstances warrant the making of the payments.

Appointment of visitor for child who is not being visited

F115417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to guarantee apprenticeship deeds etc.

I12318
1 While a child is being looked after by a local authority, or is a person qualifying for advice and assistance, the authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship which he enters into.
2 Where a local authority have undertaken any such obligation under any deed or articles they may at any time (whether or not they are still looking after the person concerned) undertake the like obligation under any supplemental deed or articles.

Arrangements to assist children to live abroad

I12419
1 A local authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the court.
2 A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by them to live outside England and Wales.
3 The court shall not give its approval under sub-paragraph (1) unless it is satisfied that—
a living outside England and Wales would be in the child’s best interests;
b suitable arrangements have been, or will be, made for his reception and welfare in the country in which he will live;
c the child has consented to living in that country; and
d every person who has parental responsibility for the child has consented to his living in that country.
4 Where the court is satisfied that the child does not have sufficient understanding to give or withhold his consent, it may disregard sub-paragraph (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person.
5 Where a person whose consent is required by sub-paragraph (3)(d) fails to give his consent, the court may disregard that provision and give its approval if it is satisfied that that person—
a cannot be found;
b is incapable of consenting; or
c is withholding his consent unreasonably.
6 Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) shall not apply in the case of any child who is to live outside England and Wales with the approval of the court given under this paragraph.
7 Where a court decides to give its approval under this paragraph it may order that its decision is not to have effect during the appeal period.
8 In sub-paragraph (7) “the appeal period” means—
a where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal; and
b otherwise, the period during which an appeal may be made against the decision.
9 This paragraph does not apply —
a to a local authority placing a child in secure accommodation in Scotland under section 25, or
b to a local authority placing a child for adoption with prospective adopters.

Preparation for ceasing to be looked after

F523 19A It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him.
F524 19B
1 A local authority shall have the following additional functions in relation to an eligible child whom they are looking after.
C69 2 In sub-paragraph (1) “ eligible child ” means, subject to sub-paragraph (3), a child who—
a is aged sixteen or seventeen; and
b has been looked after by a local authority or by a local authority in Wales for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of sixteen.
3 The Secretary of State may prescribe—
a additional categories of eligible children; and
b categories of children who are not to be eligible children despite falling within sub-paragraph (2).
4 For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act—
a while they are still looking after him; and
b after they cease to look after him,
and shall then prepare a pathway plan for him.
5 The local authority shall keep the pathway plan under regular review.
6 Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26.
7 The Secretary of State may by regulations make provision as to assessments for the purposes of sub-paragraph (4).
8 The regulations may in particular provide for the matters set out in section 23B(6).

Preparation for ceasing to be looked after: staying put arrangements

19BA
1 This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority F1312... with a local authority foster parent.
2 When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her.
3 The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if—
a the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and
b the eligible child and the local authority foster parent wish to make a staying put arrangement.
4 In this paragraph, “ staying put arrangement ” has the meaning given by section 23CZA.
F525 19C A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser.

Death of children being looked after by local authorities

I12520
1 If a child who is being looked after by a local authority dies, the authority—
a shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
b shall, so far as is reasonably practicable, notify the child’s parents and every person who is not a parent of his but who has parental responsibility for him;
c may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child’s body to be buried or cremated; and
d may, if the conditions mentioned in sub-paragraph (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child’s funeral.
2 The conditions are that—
a it appears to the authority that the person concerned could not otherwise attend the child’s funeral without undue financial hardship; and
b that the circumstances warrant the making of the payments.
3 Sub-paragraph (1) does not authorise cremation where it does not accord with the practice of the child’s religious persuasion.
4 Where a local authority have exercised their power under sub-paragraph (1)(c) with respect to a child who was under sixteen when he died, they may recover from any parent of the child any expenses incurred by them.
5 Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt.
6 Nothing in this paragraph affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person.

C72Part III  Contributions Towards Maintenance of Children Looked After by Local Authorities in England

Liability to contribute

I126C70C71C10121
1 Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor").
2 An authority may only recover contributions from a contributor if they consider it reasonable to do so.
3 The persons liable to contribute are—
a where the child is under sixteen, each of his parents;
b where he has reached the age of sixteen, the child himself.
4 A parent is not liable to contribute during any period when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support underPart VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit, of an income-based jobseeker's allowance or of an income-related employment and support allowance.
5 A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is F1159living with, under arrangements made by the authority in accordance with section 22C, a parent of his.
6 A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule.
7 The cases are where the child is looked after by a local authority under—
a section 21;
b an interim care order;
c section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code.

Agreed contributions

I12722
1 Contributions towards a child’s maintenance may only be recovered if the local authority have served a notice (“a contribution notice") on the contributor specifying—
a the weekly sum which they consider that he should contribute; and
b arrangements for payment.
2 The contribution notice must be in writing and dated.
3 Arrangements for payment shall, in particular, include—
a the date on which liability to contribute begins (which must not be earlier than the date of the notice);
b the date on which liability under the notice will end (if the child has not before that date ceased to be looked after by the authority); and
c the date on which the first payment is to be made.
4 The authority may specify in a contribution notice a weekly sum which is a standard contribution determined by them for all children looked after by them.
5 The authority may not specify in a contribution notice a weekly sum greater than that which they consider—
a they would normally be prepared to pay if they had placed a similar child with local authority foster parents; and
b it is reasonably practicable for the contributor to pay (having regard to his means).
6 An authority may at any time withdraw a contribution notice (without prejudice to their power to serve another).
7 Where the authority and the contributor agree—
a the sum which the contributor is to contribute; and
b arrangements for payment,
(whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he so agrees, the authority may recover summarily as a civil debt any contribution which is overdue and unpaid.
8 A contributor may, by serving a notice in writing on the authority, withdraw his agreement in relation to any period of liability falling after the date of service of the notice.
9 Sub-paragraph (7) is without prejudice to any other method of recovery.

Contribution orders

I12823
1 Where a contributor has been served with a contribution notice and has—
a failed to reach any agreement with the local authority as mentioned in paragraph 22(7) within the period of one month beginning with the day on which the contribution notice was served; or
b served a notice under paragraph 22(8) withdrawing his agreement,
the authority may apply to the court for an order under this paragraph.
2 On such an application the court may make an order (“a contribution order") requiring the contributor to contribute a weekly sum towards the child’s maintenance in accordance with arrangements for payment specified by the court.
3 A contribution order—
a shall not specify a weekly sum greater than that specified in the contribution notice; and
b shall be made with due regard to the contributor’s means.
4 A contribution order shall not—
a take effect before the date specified in the contribution notice; or
b have effect while the contributor is not liable to contribute (by virtue of paragraph 21); or
c remain in force after the child has ceased to be looked after by the authority who obtained the order.
5 An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which they have withdrawn.
6 Where—
a a contribution order is in force;
b the authority serve another contribution notice; and
c the contributor and the authority reach an agreement under paragraph 22(7) in respect of that other contribution notice,
the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect.
7 Where an agreement is reached under sub-paragraph (6) the authority shall notify the court—
a of the agreement; and
b of the date on which it took effect.
8 A contribution order may be varied or revoked on the application of the contributor or the authority.
9 In proceedings for the variation of a contribution order, the authority shall specify—
a the weekly sum which, having regard to paragraph 22, they propose that the contributor should contribute under the order as varied; and
b the proposed arrangements for payment.
10 Where a contribution order is varied, the order—
a shall not specify a weekly sum greater than that specified by the authority in the proceedings for variation; and
b shall be made with due regard to the contributor’s means.
11 An appeal shall lie in accordance with rules of court from any order made under this paragraph.

Enforcement of contribution orders etc.

I12924
F10851 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may—
a at the request of the local authority who served the contribution notice; and
b subject to agreement as to any sum to be deducted in respect of services rendered,
collect from the contributor any contributions due on behalf of the authority who served the notice.
3 In sub-paragraph (2) the reference to any other local authority includes a reference to—
aa a local authority in Wales;
a a local authority within the meaning of section 1(2) of the M58Social Work (Scotland) Act 1968; and
b a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).
4 The power to collect sums under sub-paragraph (2) includes the power to—
a receive and give a discharge for any contributions due; and
b (if necessary) enforce payment of any contributions,
even though those contributions may have fallen due at a time when the contributor was living elsewhere.
5 Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice.
6 In any proceedings under this paragraph, a document which purports to be—
a a copy of an order made by a court under or by virtue of paragraph 23; and
b certified as a true copy by the designated officer for the court,
shall be evidence of the order.
7 In any proceedings under this paragraph, a certificate which—
a purports to be signed by the clerk or some other duly authorised officer of the local authority who obtained the contribution order; and
b states that any sum due to the authority under the order is overdue and unpaid,
shall be evidence that the sum is overdue and unpaid.

Regulations

I13025The Secretary of State may make regulations—
a as to the considerations which a local authority must take into account in deciding—
i whether it is reasonable to recover contributions; and
ii what the arrangements for payment should be;
b as to the procedures they must follow in reaching agreements with—
i contributors (under paragraphs 22 and 23); and
ii any other local authority under paragraph 24(2).

SCHEDULE 3 

Supervision Orders

Sections 35 and 36.

Part I  General

Meaning of “responsible person"

I1321In this Schedule, “the responsible person”, in relation to a supervised child, means—
a any person who has parental responsibility for the child; and
b any other person with whom the child is living.

Power of supervisor to give directions to supervised child

I1332
1 A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things—
a to live at a place or places specified in the directions for a period or periods so specified;
b to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;
c to participate in activities specified in the directions on a day or days so specified.
2 It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives.
3 Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5).

Imposition of obligations on responsible person

I1343
1 With the consent of any responsible person, a supervision order may include a requirement—
a that he take all reasonable steps to ensure that the supervised child complies with any direction given by the supervisor under paragraph 2;
b that he take all reasonable steps to ensure that the supervised child complies with any requirement included in the order under paragraph 4 or 5;
c that he comply with any directions given by the supervisor requiring him to attend at a place specified in the directions for the purpose of taking part in activities so specified.
2 A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him.
3 A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s.

Psychiatric and medical examinations

I1354
1 A supervision order may require the supervised child—
a to submit to a medical or psychiatric examination; or
b to submit to any such examination from time to time as directed by the supervisor.
2 Any such examination shall be required to be conducted—
a by, or under the direction of, such registered medical practitioner as may be specified in the order;
b at a place specified in the order and at which the supervised child is to attend as a non-resident patient; or
c at—
i a health service hospital; or
ii in the case of a psychiatric examination, a hospital , independent hospital or care home,
at which the supervised child is, or is to attend as, a resident patient.
3 A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be included unless the court is satisfied, on the evidence of a registered medical practitioner, that—
a the child may be suffering from a physical or mental condition that requires, and may be susceptible to, treatment; and
b a period as a resident patient is necessary if the examination is to be carried out properly.
4 No court shall include a requirement under this paragraph in a supervision order unless it is satisfied that—
a where the child has sufficient understanding to make an informed decision, he consents to its inclusion; and
b satisfactory arrangements have been, or can be, made for the examination.

Psychiatric and medical treatment

I1365
1 Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the M59Mental Health Act 1983, that the mental condition of the supervised child—
a is such as requires, and may be susceptible to, treatment; but
b is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act,
the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.
2 The treatment specified in accordance with sub-paragraph (1) must be—
a by, or under the direction of, such registered medical practitioner as may be specified in the order;
b as a non-resident patient at such a place as may be so specified; or
c as a resident patient in a hospital , independent hospital or care home.
3 Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.
4 The treatment specified in accordance with sub-paragraph (3) must be—
a by, or under the direction of, such registered medical practitioner as may be specified in the order;
b as a non-resident patient at such place as may be so specified; or
c as a resident patient in a health service hospital.
5 No court shall include a requirement under this paragraph in a supervision order unless it is satisfied—
a where the child has sufficient understanding to make an informed decision, that he consents to its inclusion; and
b that satisfactory arrangements have been, or can be, made for the treatment.
6 If a medical practitioner by whom or under whose direction a supervised person is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that—
a the treatment should be continued beyond the period specified in the order;
b the supervised child needs different treatment;
c he is not susceptible to treatment; or
d he does not require further treatment,
the practitioner shall make a report in writing to that effect to the supervisor.
7 On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement.

I143Part II  Miscellaneous

Life of supervision order

I1376
1 Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made.
2 A supervision order shall also cease to have effect if an event mentioned in section 25(1)(a) or (b) of the M60Child Abduction and Custody Act 1985 (termination of existing orders) occurs with respect to the child.
3 Where the supervisor applies to the court to extend, or further extend, a supervision order the court may extend the order for such period as it may specify.
4 A supervision order may not be extended so as to run beyond the end of the period of three years beginning with the date on which it was made.

Limited life of directions

F537I1387. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information to be given to supervisor etc.

I1398
1 A supervision order may require the supervised child—
a to keep the supervisor informed of any change in his address; and
b to allow the supervisor to visit him at the place where he is living.
2 The responsible person in relation to any child with respect to whom a supervision order is made shall—
a if asked by the supervisor, inform him of the child’s address (if it is known to him); and
b if he is living with the child, allow the supervisor reasonable contact with the child.

Selection of supervisor

I1409
1 A supervision order shall not designate a local authority as the supervisor unless—
a the authority agree; or
b the supervised child lives or will live within their area.
F5382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5383 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5384 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5385 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of supervision order on earlier orders

I14110The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which—
a was made with respect to that child; and
b would otherwise continue in force.

Local authority functions and expenditure

I14211
1 The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their supervision by a supervision order.
2 Where a supervision order requires compliance with directions given by virtue of this section, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority designated in the order.

Part III  Education supervision orders

Effect of orders

I14412
1 Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor—
a to advise, assist and befriend, and give directions to—
i the supervised child; and
ii his parents,
in such a way as will, in the opinion of the supervisor, secure that he is properly educated;
b where any such directions given to—
i the supervised child; or
ii a parent of his,
have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Act.
2 Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
a the child; and
b his parents,
including, in particular, their wishes as to the place at which the child should be educated.
3 When settling the terms of any such directions, the supervisor shall give due consideration—
a having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and
b to such wishes and feelings of the child’s parents as he has been able to ascertain.
4 Directions may be given under this paragraph at any time while the education supervision order is in force.
I14513
1 Where an education supervision order is in force with respect to a child, the duties of the child’s parents under sections 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.
2 Where an education supervision order is made with respect to a child—
a any school attendance order—
i made under section 437 of the Education Act 1996 with respect to the child; and
ii in force immediately before the making of the education supervision order,
shall cease to have effect; and
b while the education supervision order remains in force, the following provisions shall not apply with respect to the child—
i section 437 of that Act (school attendance orders);
ii section 9 of that Act (pupils to be educated in accordance with wishes of their parents);
iii sections 411 and 423 of that Act (parental preference and appeals against admission decisions);
c a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);
d any education requirement of a kind mentioned in paragraph (c), which was in force with respect to the child immediately before the making of the education supervision order, shall cease to have effect.

Effect where child also subject to supervision order

I14614
1 This paragraph applies where an education supervision order and a supervision order, or youth rehabilitation order (within the meaning given by section 173 of the Sentencing Code), are in force at the same time with respect to the same child.
2 Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction or instruction given under the other order.

Duration of orders

I14715
1 An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.
2 An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force.
3 Such an application may not be made earlier than three months before the date on which the order would otherwise expire.
4 The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion.
5 No one extension may be for a period of more than three years.
6 An education supervision order shall cease to have effect on—
a the child’s ceasing to be of compulsory school age; or
b the making of a care order with respect to the child;
and sub-paragraphs (1) to (4) are subject to this sub-paragraph.

Information to be given to supervisor etc.

I14816
1 An education supervision order may require the child—
a to keep the supervisor informed of any change in his address; and
b to allow the supervisor to visit him at the place where he is living.
2 A person who is the parent of a child with respect to whom an education supervision order has been made shall—
a if asked by the supervisor, inform him of the child’s address (if it is known to him); and
b if he is living with the child, allow the supervisor reasonable contact with the child.

Discharge of orders

I14917
1 The court may discharge any education supervision order on the application of—
a the child concerned;
b a parent of his; or
c the local authority designated in the order.
2 On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child.

Offences

I15018
1 If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence.
2 It shall be a defence for any person charged with such an offence to prove that—
a he took all reasonable steps to ensure that the direction was complied with;
b the direction was unreasonable; or
c he had complied with—
i a requirement included in a supervision order made with respect to the child; or
ii directions given under such a requirement,
and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph.
3 A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Persistent failure of child to comply with directions

I15119
1 Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the local authority designated in the order shall notify the appropriate local authority, if different.
2 Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child.
3 In this paragraph “the appropriate local authority” has the same meaning as in section 36.

Miscellaneous

I15220The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders.

Interpretation

I15321In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996.).

SCHEDULE 4 

Management and Conduct of Community Homes

Section 53(6).

Part I  Instruments of Management

Instruments of management for controlled and assisted community homes

I1541
1 The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any F550. . . home which is designated as a controlled or assisted community home.
2 Sub-paragraph (3) applies where two or more F550. . . homes are designated as controlled community homes or as assisted community homes.
3 If—
a those homes are, or are to be, provided by the same voluntary organisation; and
b the same local authority is to be represented on the body of managers for those homes,
a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them.
4 The number of persons who, in accordance with an instrument of management, constitute the body of managers for a F550. . . home shall be such number (which must be a multiple of three) as may be specified in the instrument.
5 The instrument shall provide that the local authority specified in the instrument shall appoint—
a in the case of a F550. . . home which is designated as a controlled community home, two-thirds of the managers; and
b in the case of a F550. . . home which is designated as an assisted community home, one-third of them.
6 An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument—
a so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided; and
b for the purpose of securing that—
i so far as is practicable, the character of the home F551. . . will be preserved; and
ii subject to paragraph 2(3), the terms of any trust deed relating to the home are observed.
7 An instrument of management shall come into force on such date as it may specify.
8 If an instrument of management is in force in relation to a F550. . . home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation.
9 In this paragraph—
  • “foundation managers”, in relation to a F550. . . home, means those of the managers of the home who are not appointed by a local authority in accordance with sub-paragraph (5); and
  • “designated” means designated in accordance with section 53.
I1552
1 An instrument of management shall contain such provisions as the Secretary of State considers appropriate.
2 Nothing in the instrument of management shall affect the purposes for which the premises comprising the home are held.
3 Without prejudice to the generality of sub-paragraph (1), an instrument of management may contain provisions—
a specifying the nature and purpose of the home (or each of the homes) to which it relates;
b requiring a specified number or proportion of the places in that home (or those homes) to be made available to local authorities and to any other body specified in the instrument; and
c relating to the management of that home (or those homes) and the charging of fees with respect to—
i children placed there; or
ii places made available to any local authority or other body.
4 Subject to sub-paragraphs (1) and (2), in the event of any inconsistency between the provisions of any trust deed and an instrument of management, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to the home concerned.
5 After consultation with the voluntary organisation concerned and with the local authority specified in its instrument of management, the Secretary of State may by order vary or revoke any provisions of the instrument.

Part II  Management of Controlled and Assisted Community Homes

I1563
1 The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of management.
2 The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided.
3 In this paragraph—
  • “home” means a controlled community home or (as the case may be) assisted community home; and
  • “the managers”, in relation to a home, means the managers constituted by its instrument of management; and
  • “the responsible body”, in relation to a home, means the local authority or (as the case may be) voluntary organisation responsible for its management, equipment and maintenance.
4 The functions of a home’s responsible body shall be exercised through the managers , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person..
5 Anything done, liability incurred or property acquired by a home’s managers shall be done, incurred or acquired by them as agents of the responsible body ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed.
6 In so far as any matter is reserved for the decision of a home’s responsible body by—
a sub-paragraph (8);
b the instrument of management;
c the service by the body on the managers, or any of them, of a notice reserving any matter,
that matter shall be dealt with by the body and not by the managers.
7 In dealing with any matter so reserved, the responsible body shall have regard to any representations made to the body by the managers.
8 The employment of persons at a home shall be a matter reserved for the decision of the responsible body.
9 Where the instrument of management of a controlled community home so provides, the responsible body may enter into arrangements with the voluntary organisation by which that home is provided whereby, in accordance with such terms as may be agreed between them and the voluntary organisation, persons who are not in the employment of the responsible body shall undertake duties at that home.
10 Subject to sub-paragraph (11)—
a where the responsible body for an assisted community home proposes to engage any person to work at that home or to terminate without notice the employment of any person at that home, it shall consult the local authority specified in the instrument of management and, if that authority so direct, the responsible body shall not carry out its proposal without their consent; and
b that local authority may, after consultation with the responsible body, require that body to terminate the employment of any person at that home.
11 Paragraphs (a) and (b) of sub-paragraph (10) shall not apply—
a in such cases or circumstances as may be specified by notice in writing given by the local authority to the responsible body; and
b in relation to the employment of any persons or class of persons specified in the home’s instrument of management.
12 The accounting year of the managers of a home shall be such as may be specified by the responsible body.
13 Before such date in each accounting year as may be so specified, the managers of a home shall submit to the responsible body estimates, in such form as the body may require, of expenditure and receipts in respect of the next accounting year.
14 Any expenses incurred by the managers of a home with the approval of the responsible body shall be defrayed by that body.
15 The managers of a home shall keep—
a proper accounts with respect to the home; and
b proper records in relation to the accounts.
16 Where an instrument of management relates to more than one home, one set of accounts and records may be kept in respect of all the homes to which it relates.

Part III  Regulations

I1574
1 The Secretary of State may make regulations—
a as to the placing of children in community homes;
F554b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F554c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5552 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5553 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 

Voluntary Homes and Voluntary Organisations

Section 60(4).

Part I  Registration of Voluntary Homes

General

F5561. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

F5572. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to make representations

F5583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision of Secretary of State

F5594. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

F5605. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of particulars with respect to voluntary homes

F5616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Regulations as to Voluntary Homes

Regulations as to conduct of voluntary homes

I1587
1 The appropriate national authority may make regulations—
a as to the placing of children in voluntary homes;
F563b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F563c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5642 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5643 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5644 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification

F5658. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 

Private Children’s Homes

Section 63(11).

Part I  Registration

Application for registration

F5661. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions imposed on registration

F5672. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual review of registration

F5683. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cancellation of registration

F5694. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

F5705. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to make representations

F5716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision of local authority

F5727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

F5738. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition on further applications

F5749. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Regulations

I15910
1 The Secretary of State may make regulations—
a as to the placing of children in private children’s homes;
F576b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F576c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The regulations may in particular—
F577a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577jj . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F577k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l make provision similar to that made by regulations under section 26.
F5783 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 

Foster Parents: Limits on Number of Foster Children

Section 63(12).

Interpretation

I1601For the purposes of this Schedule, a person fosters a child if—
a he is a local authority foster parent in relation to the child;
b he is a foster parent with whom the child has been placed by a voluntary organisation; or
c he fosters the child privately.

The usual fostering limit

I1612Subject to what follows, a person may not foster more than three children (“the usual fostering limit").

Siblings

I1623A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.

Exemption by local authority

I1634
1 A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives.
2 In considering whether to exempt a person, a local authority shall have regard, in particular, to—
a the number of children whom the person proposes to foster;
b the arrangements which the person proposes for the care and accommodation of the fostered children;
c the intended and likely relationship between the person and the fostered children;
d the period of time for which he proposes to foster the children; and
e whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.
3 Where a local authority exempt a person, they shall inform him by notice in writing—
a that he is so exempted;
b of the children, described by name, whom he may foster; and
c of any condition to which the exemption is subject.
4 A local authority may at any time by notice in writing—
a vary or cancel an exemption; or
b impose, vary or cancel a condition to which the exemption is subject,
and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2).
5 The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.

Effect of exceeding fostering limit

I1645
A1 This paragraph applies to a person fostering in England.
1 A person shall cease to be treated , for the purposes of this Act and the Care Standards Act 2000 as fostering and shall be treated , for the purposes of this Act and the Care Standards Act 2000 as carrying on a children’s home if—
a he exceeds the usual fostering limit; or
b where he is exempted under paragraph 4,—
i he fosters any child not named in the exemption; and
ii in so doing, he exceeds the usual fostering limit.
2 Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other.
5A
1 This paragraph applies to a person (P) fostering in Wales.
2 Sub-paragraph (3) applies where—
a P exceeds the usual fostering limit and is not exempted under paragraph 4;
b P is exempted under paragraph 4 and exceeds the usual fostering limit by fostering a child not named in the exemption.
3 Where this paragraph applies, P is not to be treated as fostering and is to be treated for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 as providing a care home service.
4 But sub-paragraph (3) does not apply if the children fostered are all siblings in respect of each other.

Complaints etc.

I1656
1 Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph.
2 In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph.

SCHEDULE 8 

Privately Fostered Children

Section 66(5).

Exemptions

I1661A child is not a privately fostered child while he is being looked after by a local authority.
I1672
1 A child is not a privately fostered child while he is in the care of any person—
a in premises in which any—
i parent of his;
ii person who is not a parent of his but who has parental responsibility for him; or
iii person who is a relative of his and who has assumed responsibility for his care,
is for the time being living;
F581b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c in accommodation provided by or on behalf of any voluntary organisation;
d in any school in which he is receiving full-time education;
e in any health service hospital;
f in any care home or independent hospital
g in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.
2 Sub-paragraph (1)(c) to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.
I1683A child is not a privately fostered child while he is in the care of any person in compliance with—
a a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code;
b a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.
I1694A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the M61Mental Health Act 1983.
I170C74C1095A child is not a privately fostered child while he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—
a section 2 of the Adoption and Children Act 2002;
b section 119 of the Adoption and Children (Scotland) Act 2007; or
c Article 3 of the Adoption (Northern Ireland) Order 1987
or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).

Power of local authority to impose requirements

I171C756
1 Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements as to—
a the number, age and sex of the children who may be privately fostered by him;
b the standard of the accommodation and equipment to be provided for them;
c the arrangements to be made with respect to their health and safety; and
d particular arrangements which must be made with respect to the provision of care for them,
and it shall be his duty to comply with any such requirement before the end of such period as the authority may specify unless, in the case of a proposal, the proposal is not carried out.
2 A requirement may be limited to a particular child, or class of child.
3 A requirement (other than one imposed under sub-paragraph (1)(a)) may be limited by the authority so as to apply only when the number of children fostered by the person exceeds a specified number.
4 A requirement shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—
a the reason for imposing the requirement;
b his right under paragraph 8 to appeal against it; and
c the time within which he may do so.
5 A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement.
6 In this Schedule—
a “the appropriate local authority” means—
i the local authority within whose area the child is being fostered; or
ii in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered; and
b “requirement”, in relation to any person, means a requirement imposed on him under this paragraph.

Regulations requiring notification of fostering etc.

I172C767
1 The Secretary of State may by regulations make provision as to—
a the circumstances in which notification is required to be given in connection with children who are, have been or are proposed to be fostered privately; and
b the manner and form in which such notification is to be given.
2 The regulations may, in particular—
a require any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately to notify the appropriate authority;
b require any person who is—
i a parent of a child; or
ii a person who is not a parent of his but who has parental responsibility for a child,
and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority;
c require any parent of a privately fostered child, or person who is not a parent of such a child but who has parental responsibility for him, to notify the appropriate authority of any change in his address;
d require any person who proposes to foster a child privately, to notify the appropriate authority of his proposal;
e require any person who is fostering a child privately, or proposes to do so, to notify the appropriate authority of—
i any offence of which he has been convicted;
ii any disqualification imposed on him under section 68; or
iii any prohibition imposed on him under section 69;
f require any person who is fostering a child privately, to notify the appropriate authority of any change in his address;
g require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;
h require any person who has been fostering a child privately, but has ceased to do so, to notify the appropriate authority (indicating, where the child has died, that that is the reason).
7AEvery local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.

Appeals

I173C778
1 A person aggrieved by—
a a requirement imposed under paragraph 6;
b a refusal of consent under section 68;
c a prohibition imposed under section 69;
d a refusal to cancel such a prohibition;
e a refusal to make an exemption under paragraph 4 of Schedule 7;
f a condition imposed in such an exemption; or
g a variation or cancellation of such an exemption,
may appeal to the court.
2 The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.
3 Where the appeal is against—
a a requirement imposed under paragraph 6;
b a condition of an exemption imposed under paragraph 4 of Schedule 7; or
c a variation or cancellation of such an exemption,
the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.
4 Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition—
a vary the requirement, or allow more time for compliance with it; or
b if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under paragraph 6 are complied with.
5 Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69.
6 Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may—
a make an exemption;
b impose a condition; or
c vary the exemption.
7 Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.
8 Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—
a a person who is, or would be if exempted under Schedule 7, a local authority foster parent; or
b a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.

Extension of Part IX to certain school children during holidays

I174C789
1 Where a child under sixteen who is a pupil at a school F588. . . lives at the school during school holidays for a period of more than two weeks, Part IX shall apply in relation to the child as if—
a while living at the school, he were a privately fostered child; and
b paragraphs 2(1)(c) and (d) and 6 were omitted.
But this sub-paragraph does not apply to a school which is a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.
2 Sub-paragraph (3) applies to any person who proposes to care for and accommodate one or more children at a school in circumstances in which some or all of them will be treated as private foster children by virtue of this paragraph.
3 That person shall, not less than two weeks before the first of those children is treated as a private foster child by virtue of this paragraph during the holiday in question, give written notice of his proposal to the local authority within whose area the child is ordinarily resident (“the appropriate authority"), stating the estimated number of the children.
4 A local authority may exempt any person from the duty of giving notice under sub-paragraph (3).
5 Any such exemption may be granted for a special period or indefinitely and may be revoked at any time by notice in writing given to the person exempted.
6 Where a child who is treated as a private foster child by virtue of this paragraph dies, the person caring for him at the school shall, not later than 48 hours after the death, give written notice of it—
a to the appropriate local authority; and
b where reasonably practicable, to each parent of the child and to every person who is not a parent of his but who has parental responsibility for him.
7 Where a child who is treated as a foster child by virtue of this paragraph ceases for any other reason to be such a child, the person caring for him at the school shall give written notice of the fact to the appropriate local authority.

Prohibition of advertisements relating to fostering

I17510No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that person’s name and address.

Avoidance of insurances on lives of privately fostered children

I17611A person who fosters a child privately and for reward shall be deemed for the purposes of the M62Life Assurance Act 1774 to have no interest in the life of the child.

F599C87SCHEDULE 9 

Section 71(16).

Applications for registration

F591C791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification from registration

F592C802. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption of certain schools

F593C813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for other establishments

F594C824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for occasional facilities

C83F5955. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates of registration

C84F5966. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees for annual inspection of premises

C85F5977
1 Where—
a a person is registered under section 71, and
b the local authority concerned make an annual inspection of the premises in question under section 76,
they shall serve on that person a notice informing him that the inspection is to be carried out and requiring him to pay to them such fee as may be prescribed.
2 It shall be a condition of the continued registration of that person under section 71 that the fee is so paid before the expiry of the period of twenty-eight days beginning with the date on which the inspection is carried out.

Co-operation between authorities

C86F5988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F601SCHEDULE 9A  

Child Minding and Day Care for Young Children in Wales

Exemption of certain schools

F6011 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for other establishments

F6012 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6012A 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for occasional facilities

F6013 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification for registration

F6014 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6015 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of day care: unincorporated associations

F6015A 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates of registration

F6016 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F787... Fees

F6017 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation between authorities

F6018 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 

Amendments of Adoption Legislation

Section 88.

Part I  Amendments of Adoption Act 1976 (c. 36)

1F602. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2F603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3F604. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4F605. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5F606. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6F607. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7F608. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8F609. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9F610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10F611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11F612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12F613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13F614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14F615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15F616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16F617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17F618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18F619. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19F620. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20F621. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21F622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22F623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23F624. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24F625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25F626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26F627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28F629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63029. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30F631. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31F632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F793Part II  Amendments of Adoption (Scotland) Act 1978 (c. 28)

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C88C89C90 SCHEDULE 11 

Jurisdiction

Section 92.

F848 Part I  General

F848 Commencement of proceedings

F8481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F848 Transfer of proceedings

F8482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F848 Hearings by single justice

F8483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F848 General

F8484. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Consequential Amendments

The Administration of Justice Act 1964 (c. 42)

I1775In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court", which is spent, shall be omitted.

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

I1786In the Domestic Proceedings and Magistrates’ Courts Act 1978—
a for the words “domestic proceedings", whereverever they occur in section 88(1), there shall be substituted “family proceedings";
b for the words “domestic court panel", wherever they occur in section 16(5)(b), there shall be substituted “family panel".

The Justices of the Peace Act 1979 (c. 55)

F6347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)

I1798In the Magistrates’ Courts Act 1980—
F1086a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1086b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1086c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F635d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F635e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F635f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F635g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Senior Courts Act 1981 (c. 54)

I1809In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end—
.

The Matrimonial and Family Proceedings Act 1984 (c. 42)

I18110In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance agreements) for the words “domestic proceedings", wherever they occur, there shall be substituted “ family proceedings" ”.

The Insolvency Act 1986 (c. 45)

I18211
1 In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings or in domestic proceedings), the words “or in domestic proceedings” shall be omitted.
2 In section 281(8) of that Act (interpretation), for the definitions of “domestic proceedings" and “family proceedings" there shall be substituted—
  • “family proceedings” means—
a family proceedings within the meaning of the Magistrates’ Courts Act 1980 and any proceedings which would be such proceedings but for section 65(1)(ii) of that Act (proceedings for variation of order for periodical payments); and
b family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

SCHEDULE 12 

Minor Amendments

Section 108(4).

The Custody of Children Act 1891 (c. 3)

I1831The Custody of Children Act 1891 (which contains miscellaneous obsolete provisions with respect to the custody of children) shall cease to have effect.

The Children and Young Persons Act 1933 (c. 12)

I1842In section 1(2)(a) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen), after the words “young person" there shall be inserted “ , or the legal guardian of a child or young person," ”.
I1853Section 40 of that Act shall cease to have effect.

The Education Act 1944 (c. 31)

4 F638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage Act 1949 (c. 76)

I1865
1 In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in subsection (1) for the words “the Second Schedule to this Act" there shall be substituted “ subsection (1A) of this section" ”.
2 After that subsection there shall be inserted—

The Births and Deaths Registration Act 1953 (c. 20)

I1876
1 Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows.
2 In sections 10(1) and 10A(1) for paragraph (d) there shall be substituted—
3 After sections 10(1) and 10A(1) there shall be inserted—
4 In section 10(2) for the words “or (d)" there shall be substituted “ to (g)" ”.
5 In section 10(3) for the words from “ “relevant order"" to the end there shall be substituted
.
6 In section 10A(2) in paragraphs (b) and (c) for the words “paragraph (d)" in both places where they occur there shall be substituted “ any of paragraphs (d) to (g)" ”.

The Army Act 1955 (c. 18)

I1887In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A)(a) for the words “in the care of a local authority in England or Wales" there shall be substituted “ being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)" ”.
F6398. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Air Force Act 1955 (c. 19)

I1899Section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in paragraph 7 in relation to section 151(1A) of the Army Act 1955.
F64010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sexual Offences Act 1956 (c. 69)

I19011F641. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19112F642. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19213F643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19314F644. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19415Section 38 of that Act (power of court to divest person of authority over girl or boy in case of incest) shall cease to have effect.
I19516F645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19617After section 46 of that Act there shall be inserted—

The Naval Discipline Act 1957 (c. 53)

F64618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children and Young Persons Act 1963 (c. 37)

I19719Section 3 of the Children and Young Persons Act 1963 (children and young persons beyond control) shall cease to have effect.

The Children and Young Persons Act 1969 (c. 54)

I19820In section 5 of the Children and Young Persons Act 1969 (restrictions on criminal proceedings for offences by young persons), in subsection (2), for the words “section 1 of this Act" there shall be substituted “ Part IV of the Children Act 1989" ”.
F64721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64822. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64923. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F651I19925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20026For section 23 of that Act (remand to care of local authorities etc.) there shall be substituted—
I20127
1 In section 32 of that Act (detention of absentees), for subsection (1A) there shall be substituted the following subsections—
2 In subsection (2B) of that section for the words “person referred to in subsection (1A)(a) or (b) (as the case may be) of this section" there shall be substituted “ responsible person" ”.
I20228In section 34(1) of that Act (transitional modifications of Part I for persons of specified ages)—
a in paragraph (a), for the words “13(2) or 28(4) or (5)" there shall be substituted “ or 13(2)" ”; and
F816b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20329In section 70(1) of that Act (interpretation)—
a after the definition of “local authority" there shall be inserted—
; F652. . .
b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E6I20430In section 73 of that Act (extent, etc.)—
a in subsection (4)(a) for “32(1), (3) and (4)" there shall be substituted “ 32(1) to (1C) and (2A) to (4)" ”; and
b in subsection (6) for “32(1), (1A)" there shall be substituted “ 32(1) to (1C)" ”.

The Matrimonial Causes Act 1973 (c. 18)

F108731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20532In section 42 of that Act, subsection (3) (declaration by court that party to marriage unfit to have custody of children of family) shall cease to have effect.
I20633In section 52(1) of that Act (interpretation), in the definition of “child of the family", for the words “has been boarded-out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”.

The National Health Service Act 1977 (c. 49)

34F653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Child Care Act 1980 (c. 5)

35Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of “parent” in section 87 of that Act shall have effect as if it applied only in relation to Part I and sections 13, 24, 64 and 65 of that Act (provisions excluded by section 2(1)(f) of the M63Family Law Reform Act 1987 from the application of the general rule in that Act governing the meaning of references to relationships between persons).

The Education Act 1981 (c. 60)

F65436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Child Abduction Act 1984 (c. 37)

I20737
1 Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows.
2 For subsections (2) to (4) there shall be substituted—
3 In subsection (5) for the words from “but" to the end there shall be substituted—
4 For subsection (7) there shall be substituted—
5 In subsection (8) for the words from “or voluntary organisation" to “custodianship proceedings or" there shall be substituted “ detained in a place of safety, remanded to a local authority accommodation or the subject of" ”.
I20838
1 In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be substituted “ Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below." ”
2 For subsection (2) of that section there shall be substituted—
I20939At the end of section 3 of that Act (construction of references to taking, sending and detaining) there shall be added
I21040
1 The Schedule to that Act (modifications of section 1 for children in certain cases) shall be amended as follows.
2 In paragraph 1(1) for the words “or voluntary organisation" there shall be substituted “ within the meaning of the Children Act 1989" ”.
3 For paragraph 2(1) there shall be substituted—
4 In paragraph 3(1)—
a in paragraph (a) for the words “section 14 of the Children Act 1975" there shall be substituted “ section 18 of the Adoption Act 1976" ”; and
b in paragraph (d) for the words “section 25 of the Children Act 1975 or section 53 of the Adoption Act 1958" there shall be substituted “ section 55 of the Adoption Act 1976" ”.
5 In paragraph 3(2)(a)—
a in sub-paragraph (i), for the words from “order or," to “Children Act 1975" there shall be substituted “ section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency" ”, and
b in sub-paragraph (ii), for the words “(c) or (e)" there shall be substituted “ or (c)" ”.
6 At the end of paragraph 3 there shall be added—
.
7 For paragraph 5 there shall be substituted—

The Foster Children (Scotland) Act 1984 (c. 56)

I21141In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)—
a for the words “he is— (a)" there shall be substituted “ (a) he is" ”; and
b the words “for a period of more than 6 days" and the words from “The period" to the end shall cease to have effect..
I21242In section 2(2) of that Act (exceptions to section 1), for paragraph (f) there shall be substituted—
I21343In section 7(1) of that Act (persons disqualified from keeping foster children)—
a the word “or" at the end of paragraph (e) shall be omitted; and
b after paragraph (f) there shall be inserted
.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

I21444In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which authorised representative has right to visit etc. disabled person), after paragraph (d) there shall be inserted—

SCHEDULE 13 

Consequential Amendments

Section 108(5).

The Wills Act 1837 (c. 26)

I2151In section 1 of the Wills Act 1837 (interpretation), in the definition of “will", for the words “and also to a disposition by will and testament or devise of the custody and tuition of any child" there shall be substituted “ and also to an appointment by will of a guardian of a child" ”.

The Children and Young Persons Act 1933 (c. 12)

I2162In section 1(1) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen) for the words “has the custody, charge or care of" there shall be substituted “ has responsibility for" ”.
I2173In the following sections of that Act—
a 3(1) (allowing persons under sixteen to be in brothels);
b 4(1) and (2) (causing or allowing persons under sixteen to be used for begging);
c 11 (exposing children under twelve to risk of burning); and
d 25(1) (restrictions on persons under eighteen going abroad for the purpose of performing for profit),
for the words “the custody, charge or care of" there shall, in each case, be substituted “ responsibility for" ”.
F6564. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2185For section 17 of that Act (interpretation of Part I) there shall be substituted the following section—
I2196
1 In section 34 of that Act (attendance at court of parent of child or young person charged with an offence etc.), in subsection (1) after the word “offence" there shall be inserted “ is the subject of an application for a care or supervision order under Part IV of the Children Act 1989" ”.
2 In subsection (7) of that section after the words “Children and Young Persons Act 1969" there shall be inserted “ or Part IV of the Children Act 1989" ”.
3 After subsection (7) of that section there shall be inserted—
I2207In section 107(1) of that Act (interpretation)—
a in the definition of “guardian", for the words “charge of or control over" there shall be substituted “ care of" ”;
b for the definition of legal guardian there shall be substituted—
.

The Education Act 1944 (c. 31)

F6578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Assistance Act 1948 (c. 29)

I22111
1 In section 21(1)(a) of the National Assistance Act 1948 (persons for whom local authority is to provide residential accommodation) after the word “persons" there shall be inserted “ aged eighteen or over" ”.
2 In section 29(1) of that Act (welfare arrangements for blind, deaf, dumb and crippled persons) after the words “that is to say persons" and after the words “and other persons" there shall, in each case, be inserted “ aged eighteen or over" ”.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

I22212For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the payment of money), there shall be substituted—

The Mines and Quarries Act 1954 (c. 70)

F66013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1960 (c. 65)

I22314In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a) there shall be substituted—
.

The Factories Act 1961 (c. 34)

I22415In section 176(1) of the Factories Act 1961 (interpretation), in the definition of “parent", for the words from “or guardian" to first “young person" there shall be substituted “ of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989)" ”.

The Criminal Justice Act 1967 (c. 80)

I22516In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words “in the care of a local authority" there shall be substituted “ remanded to local authority accommodation." ”

The Health Services and Public Health Act 1968 (c. 46)

I22617
1 In section 64(3)(a) of the Health Services and Public Health Act 1968 (meaning of “relevant enactments” in relation to power of Minister of Health or Secretary of State to provide financial assistance), for sub-paragraph (xix) inserted by paragraph 19 of Schedule 5 to the M64Child Care Act 1980 there shall be substituted—
2 In section 65(3)(b) of that Act (meaning of “relevant enactments” in relation to power of local authority to provide financial and other assistance), for sub-paragraph (xx) inserted by paragraph 20 of Schedule 5 to the Child Care Act 1980 there shall be substituted—

The Social Work (Scotland) Act 1968 (c. 49)

I22718In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted—
.
I22819In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words “and (j)" there shall be substituted “ to (k)" ”.
I22920In section 21(3) of that Act (mode of provision of accommodation and maintenance) for the words “section 21 of the Child Care Act 1980" there shall be substituted “ section 23 of the Children Act 1989" ”.
I23021In section 74(6) of that Act (parent of child in residential establishment moving to England or Wales) for the words from “Children and Young Persons Act 1969" to the end there shall be substituted “ Children Act 1989, but as if section 31(8) were omitted" ”.
I23122In section 75(2) of that Act (parent of child subject to care order etc. moving to Scotland), for the words “Children and Young Persons Act 1969" there shall be substituted “ Children Act 1989" ”.
I23223In section 86(3) of that Act (meaning of ordinary residence for purpose of adjustments between authority providing accommodation and authority of area of residence), the words “the Child Care Act 1980 or” shall be omitted and after the words “education authority" there shall be inserted “ or placed with local authority foster parents under the Children Act 1989" ”.

The Civil Evidence Act 1968 (c. 64)

F661I23324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1970 (c. 31)

F662I23425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Authority Social Services Act 1970 (c. 42)

I23526
1 In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social service committee)—
a in the entry relating to the Mental Health Act 1959, for the words “sections 8 and 9" there shall be substituted “ section 8" ”; and
b F663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 At the end of that Schedule there shall be added—

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

I23627After section 28 of the Chronically Sick and Disabled Persons Act 1970 there shall be inserted—

The Courts Act 1971 (c. 23)

I23728In Part I of Schedule 9 to the Courts Act 1971 (substitution of references to Crown Court), in the entry relating to the Children and Young Persons Act 1969, for the words “Sections 2(12), 3(8), 16(8), 21(4)(5)" there shall be substituted “ Section 16(8)." ”.

The Attachment of Earnings Act 1971 (c. 32)

I23829In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which that Act applies), in paragraph 7, for the words “section 47 or 51 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.

The Tribunals and Inquiries Act 1971 (c. 62)

F66430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1972 (c. 70)

I23931
1 In section 102(1) of the Local Government Act 1972 (appointment of committees) for the words “section 31 of the Child Care Act 1980" there shall be substituted “ section 53 of the Children Act 1989" ”.
2 In Schedule 12A to that Act (access to information: exempt information), in Part III (interpretation), in paragraph 1(1)(b) for the words “section 20 of the Children and Young Persons Act 1969" there shall be substituted “ section 31 of the Children Act 1989" ”.

The Employment of Children Act 1973 (c. 24)

I24032F665. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domicile and Matrimonial Proceedings Act 1973 (c. 45)

I24133
1 In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be amended as follows—
a at the end of the definition of “lump sum" there shall be added “or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(c) of that Schedule";
b in the definition of “relevant order", at the end of paragraph (b), there shall be added “or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule";
c in paragraph (c) of that definition, after the word “children)" there shall be inserted “or a section 8 order under the Children Act 1989"; and
d in paragraph (d) of that definition for the words “the custody, care or control" there shall be substituted “care".
2 In paragraph 11(3) of that Schedule—
a the word “four” shall be omitted; and
b for the words “the custody of a child and the education of a child" there shall be substituted “or any provision which could be made by a section 8 order under the Children Act 1989".

The Powers of Criminal Courts Act 1973 (c. 62)

F66634. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rehabilitation of Offenders Act 1974 (c. 53)

I24235
1 Section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under the Act) shall be amended as follows.
2 For paragraph (c) there shall be substituted—
3 For paragraph (d) there shall be substituted—
.

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

I24336For section 8 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (orders for the custody of children) there shall be substituted—
I24437In section 19(3A)(b) (interim orders) for the words “subsections (2) and" there shall be substituted “ subsection" ”.
I24538For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted—
I24639
1 For section 20A of that Act (revival of orders for periodical payments) there shall be substituted—
F667I24740. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I24841
1 In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words “6 or 11(2)" there shall be substituted “ or 6" ”.
2 In subsection (2) of that section—
a in paragraph (a) for the words “6 or 11(2)" there shall be substituted “ or 6" ”; and
b after paragraph (a) there shall be inserted “ or" ”.
F108842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I24943In section 88(1) of that Act (interpretation)—
a in the definition of “child", for the words from “an illegitimate" to the end there shall be substituted “ a child whose father and mother were not married to each other at the time of his birth" ”; and
b in the definition of “child of the family", for the words “being boarded-out with those parties" there shall be substituted “ placed with those parties as foster parents" ”.

The Magistrates’ Courts Act 1980 (c. 43)

I25044
F6681 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 For section 62(5) of that Act (payments to children) there shall be substituted—
.

The Senior Courts Act 1981 (c. 54)

I25145
1 In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal)—
a in subsection (1)(h)(i), for the word “custody" there shall be substituted “ residence" ”; and
b in subsection (1)(h)(ii) for the words “access to", in both places, there shall be substituted “ contact with" ”.
2 In section 41 of that Act (wards of court), the following subsection shall be inserted after subsection (2)—
3 In Schedule 1 to that Act (distribution of business in High Court), for paragraph 3(b)(ii) there shall be substituted—
.

The Armed Forces Act 1981 (c. 55)

I25246In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care and control), in subsection (9A) for the words “the Children and Young Persons Act 1933, the Children and Young Persons Act 1969" there shall be substituted “ the Children Act 1989" ”.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

I25347In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for the words “section 47 or 51 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.

The Mental Health Act 1983 (c. 20)

I25448
1 For section 27 of the Mental Health Act 1983 (children and young persons in care of local authority) there shall be substituted the following section—
2 Section 28 of that Act (nearest relative of minor under guardianship, etc.) is amended as mentioned in sub-paragraphs (3) and (4).
3 For subsection (1) there shall be substituted—
4 For subsection (3) there shall be substituted—
5 F671. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Registered Homes Act 1984 (c. 23)

F67249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Mental Health (Scotland) Act 1984 (c. 36)

I25550F673. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial and Family Proceedings Act 1984 (c. 42)

I25651In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words “a ward of court" there shall be inserted “ or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors" ”.

The Police and Criminal Evidence Act 1984 (c. 60)

I25752In section 37(14) of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) after the words “Children and Young Persons Act 1969" there shall be inserted “ or in Part IV of the Children Act 1989" ”.
I25853
F6741 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 After that subsection there shall be inserted—
.
3 In subsection (8) of that section for the words “Children and Young Persons Act 1969" there shall be substituted “ Children Act 1989" ”.
I25954In section 39(4) of that Act (responsibilities in relation to persons detained) for the words “transferred to the care of a local authority in pursuance of arrangements made" there shall be substituted “ moved to local authority accommodation" ”.
I26055In Schedule 2 to that Act (preserved powers of arrest) in the entry relating to the Children and Young Persons Act 1969 for the words “Sections 28(2) and" there shall be substituted “ Section" ”.

The Surrogacy Arrangements Act 1985 (c. 49)

I26156In section 1(2)(b) of the Surrogacy Arrangements Act 1985 (meaning of “surrogate mother", etc.) for the words “the parental rights being exercised" there shall be substituted “ parental responsibility being met" ”.

The Child Abduction and Custody Act 1985 (c. 60)

I26257
1 In section 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court’s powers suspended), for the words “any other order under section 1(2) of the Children and Young Persons Act 1969" there shall be substituted “ a supervision order under section 31 of the Children Act 1989" ”.
2 At the end of section 27 of that Act (interpretation), there shall be added—
3 In Part I of Schedule 3 to that Act (orders in England and Wales which are custody orders for the purposes of the Act), for paragraph 1 there shall be substituted—

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

I26358In section 1(3) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which regulations may provide for the appointment of authorised representatives of disabled persons)—
a in paragraph (a), for the words “parent or guardian of a disabled person under the age of sixteen" there shall be substituted—
; and
b in paragraph (b), for the words “in the care of" there shall be substituted “ looked after by" ”.
I26459
1 Section 2 of that Act (circumstances in which authorised representative has right to visit etc. disabled person) shall be amended as follows.
2 In subsection (3)(a) for the words from second “the" to “by" there shall be substituted “ for the words “if so requested by the disabled person" there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)">." ”
3 In subsection (5) after paragraph (b) there shall be inserted—
.
4 After paragraph (c) of subsection (5) there shall be inserted—
.
I26560In section 5(7)(b) of that Act (disabled persons leaving special education) for the word “guardian" there shall be substituted “ other person who is not a parent of his but who has parental responsibility for him" ”.
I26661
1 In section 16 of that Act (interpretation) in the definition of “disabled person", in paragraph (a) for the words from “means" to “applies" there shall be substituted
.
2 After the definition of “parent" in that section there shall be inserted—
F13183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Law Act 1986 (c. 55)

I26762
1 The Family Law Act 1986 shall be amended as follows.
2 Subject to paragraphs 63 to 71, in Part I—
a for the words “custody order", in each place where they occur, there shall be substituted “ Part I order" ”;
b for the words “proceedings with respect to the custody of", in each place where they occur, there shall be substituted “ Part I proceedings with respect to" ”; and
c for the words “matters relating to the custody of", in each place where they occur, there shall be substituted “ Part I matters relating to" ”.
3 For section 42(7) (general interpretation of Part I) there shall be substituted—
I26863
1 In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)—
a for paragraph (a) there shall be substituted—
; and
b for paragraph (d) there shall be substituted the following paragraphs—
F6752 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 For subsections (3) to (5) of that section there shall be substituted—
I26964For section 2 there shall be substituted the following sections—
I27065
1 In section 3 (habitual residence or presence of child concerned) in subsection (1) for “section 2" there shall be substituted “section 2(2)".
2 In subsection (2) of that section for the words “proceedings for divorce, nullity or judicial separation" there shall be substituted “matrimonial proceedings".
I27166
1 In section 6 (duration and variation of Part I orders), for subsection (3) there shall be substituted the following subsections—
2 In subsection (5) of that section for the words from “variation of" to “if the ward" there shall be substituted “ variation of a section 1(1)(d) order if the child concerned" ”.
3 For subsections (6) and (7) of that section there shall be substituted the following subsections—
I27267For section 7 (interpretation of Chapter II) there shall be substituted—
I273E768In each of the following sections—
a section 11(2)(a) (provisions supplementary to sections 9 and 10),
b section 13(5)(a) (jurisdiction ancillary to matrimonial proceedings),
c section 20(3)(a) (habitual residence or presence of child),
d section 21(4)(a) (jurisdiction in divorce proceedings, etc.), and
e section 23(4)(a) (duration and variation of custody orders),
for “4(5)" there shall be substituted “ 2A(4)" ”.
I27469In each of the following sections—
a section 19(2) (jurisdiction in cases other than divorce, etc.),
b section 20(6) (habitual residence or presence of child), and
c section 23(5) (duration and variation of custody orders),
for “section 1(1)(d)" there shall be substituted “ section 1(1)(e)" ”.
I27570In section 34(3) (power to order recovery of child) for paragraph (a) there shall be substituted—
.
I27671
1 In section 42 (general interpretation of Part I), in subsection (4)(a) for the words “has been boarded out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”.
2 In subsection (6) of that section, in paragraph (a) after the word “person" there shall be inserted “ to be allowed contact with or" ”.

The Local Government Act 1988 (c. 9)

I27772In Schedule 1 to the Local Government Act 1988 (competition) at the end of paragraph 2(4) (cleaning of buildings: buildings to which competition provisions do not apply) for paragraph (c) there shall be substituted—

Amendments of local Acts

I27873
1 Section 16 of the M65Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
F6772 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6773 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In paragraph (i), for the words “section 8 of the Foster Children Act 1980" there shall be substituted “ section 67 of the Children Act 1989" ”.
I27974
1 Section 10(2) of the M66Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
F6782 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In paragraph (e), for the words “section 8 of the Foster Children Act 1980" there shall be substituted “ section 67 of the Children Act 1989" ”.
F6784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14 

Transitionals and Savings

Section 108(6).

Pending proceedings, etc.

I2801
1 Subject to sub-paragraphs (1A) and (4), nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending immediately before the commencement of that provision.
1A Proceedings pursuant to section 7(2) of the Family Law Reform Act 1969 (committal of wards of court to care of local authority) or in the exercise of the High Court’s inherent jurisdiction with respect to children which are pending in relation to a child who has been placed or allowed to remain in the care of a local authority shall not be treated as pending proceedings after 13th October 1992 for the purposes of this Schedule if no final order has been made by that date pursuant to section 7(2) of the 1969 Act or in the exercise of the High Court’s inherent jurisdiction in respect of the child’s care.
2 The repeals are those of—
a section 42(3) of the M67Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); and
b section 38 of the M68Sexual Offences Act 1956 (power of court to divest person of authority over girl or boy in cases of incest).
3 For the purposes of the following provisions of this Schedule, any reference to an order in force immediately before the commencement of a provision of this Act shall be construed as including a reference to an order made after that commencement in proceedings pending before that commencement.
4 Sub-paragraph (3) is not to be read as making the order in question have effect from a date earlier than that on which it was made.
5 An order under section 96(3) may make such provision with respect to the application of the order in relation to proceedings which are pending when the order comes into force as the Lord Chancellor considers appropriate.
I2812Where, immediately before the day on which Part IV comes into force, there was in force an order under section 3(1) of the M69Children and Young Persons Act 1963 (order directing a local authority to bring a child or young person before a youth court under section 1 of the Children and Young Persons Act 1969), the order shall cease to have effect on that day.

CUSTODY ORDERS, ETC.

Cessation of declarations of unfitness, etc.

I2823Where, immediately before the day on which Parts I and II come into force, there was in force—
a a declaration under section 42(3) of the Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); or
b an order under section 38(1) of the Sexual Offences Act 1956 divesting a person of authority over a girl or boy in a case of incest;
the declaration or, as the case may be, the order shall cease to have effect on that day.

The Family Law Reform Act 1987 (c. 42)

Conversion of orders under section 4

I2834Where, immediately before the day on which Parts I and II come into force, there was in force an order under section 4(1) of the Family Law Reform Act 1987 (order giving father parental rights and duties in relation to a child), then, on and after that day, the order shall be deemed to be an order under section 4 of this Act giving the father parental responsibility for the child.

Orders to which paragraphs 6 to 11 apply

I2845
1 In paragraphs 6 to 11 “an existing order” means any order which—
a is in force immediately before the commencement of Parts I and II;
b was made under any enactment mentioned in sub-paragraph (2);
c determines all or any of the following—
i who is to have custody of a child;
ii who is to have care and control of a child;
iii who is to have access to a child;
(iv) any matter with respect to a child’s education or upbringing; and
d is not an order of a kind mentioned in paragraph 15(1).
2 The enactments are—
a the M70Domestic Proceedings and Magistrates’ Courts Act 1978;
b the M71Children Act 1975;
c the M72Matrimonial Causes Act 1973;
d the Guardianship of Minors Acts 1971 and 1973;
e the M73Matrimonial Causes Act 1965;
f the M74Matrimonial Proceedings (Magistrates’ Courts) Act 1960.
3 For the purposes of this paragraph and paragraphs 6 to 11 “custody” includes legal custody and joint as well as sole custody but does not include access.

Parental responsibility of parents

I2856
1 Where—
a a child’s father and mother were married to each other at the time of his birth; and
b there is an existing order with respect to the child,
each parent shall have parental responsibility for the child in accordance with section 2 as modified by sub-paragraph (3).
2 Where—
a a child’s father and mother were not married to each other at the time of his birth; and
b there is an existing order with respect to the child,
section 2 shall apply as modified by sub-paragraphs (3) and (4).
3 The modification is that for section 2(8) there shall be substituted—
.
4 The modifications are that—
a for the purposes of section 2(2), where the father has custody or care and control of the child by virtue of any existing order, the court shall be deemed to have made (at the commencement of that section) an order under section 4(1) giving him parental responsibility for the child; and
b where by virtue of paragraph (a) a court is deemed to have made an order under section 4(1) in favour of a father who has care and control of a child by virtue of an existing order, the court shall not bring the order under section 4(1) to an end at any time while he has care and control of the child by virtue of the order.

Persons who are not parents but who have custody or care and control

I2867
1 Where a person who is not the parent or guardian of a child has custody or care and control of him by virtue of an existing order, that person shall have parental responsibility for him so long as he continues to have that custody or care and control by virtue of the order.
2 Where sub-paragraph (1) applies, Parts I and II and paragraph 15 of Schedule I shall have effect as modified by this paragraph.
3 The modifications are that—
a for section 2(8) there shall be substituted—
;
b at the end of section 10(4) there shall be inserted—
; and
c at the end of section 34(1)(c) there shall be inserted—
d for paragraph 15 of Schedule I there shall be substituted—

Persons who have care and control

I2878
1 Sub-paragraphs (2) to (6) apply where a person has care and control of a child by virtue of an existing order, but they shall cease to apply when that order ceases to have effect.
2 Section 5 shall have effect as if—
a for any reference to a residence order in favour of a parent or guardian there were substituted a reference to any existing order by virtue of which the parent or guardian has care and control of the child; and
b for subsection (9) there were substituted—
3 Section 10 shall have effect as if for subsection (5)(c)(i) there were substituted—
.
4 Section 20 shall have effect as if for subsection (9)(a) there were substituted “ who has care and control of the child by virtue of an existing order." ”
5 Section 23 shall have effect as if for subsection (4)(c) there were substituted—
6 In Schedule 1, paragraphs 1(1) and 14(1) shall have effect as if for the words “in whose favour a residence order is in force with respect to the child" there were substituted “ who has been given care and control of the child by virtue of an existing order" ”.

Persons who have access

I2889
1 Sub-paragraphs (2) to (4) apply where a person has access by virtue of an existing order.
2 Section 10 shall have effect as if after subsection (5) there were inserted—
3 Section 16(2) shall have effect as if after paragraph (b) there were inserted—
4 Sections 43(11), 44(13) and 46(10), shall have effect as if in each case after paragraph (d) there were inserted—

Enforcement of certain existing orders

F108910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge of existing orders

I28911
1 The making of a residence order or a care order with respect to a child who is the subject of an existing order discharges the existing order.
2 Where the court makes any section 8 order (other than a residence order) with respect to a child with respect to whom any existing order is in force, the existing order shall have effect subject to the section 8 order.
3 The court may discharge an existing order which is in force with respect to a child—
a in any family proceedings relating to the child or in which any question arises with respect to the child’s welfare; or
b on the application of—
i any parent or guardian of the child;
ii the child himself; or
iii any person named in the order.
4 A child may not apply for the discharge of an existing order except with the leave of the court.
5 The power in sub-paragraph (3) to discharge an existing order includes the power to discharge any part of the order
6 In considering whether to discharge an order under the power conferred by sub-paragraph (3) the court shall, if the discharge of the order is opposed by any party to the proceedings, have regard in particular to the matters mentioned in section 1(3).

GUARDIANS

Existing guardians to be guardians under this Act

I290C9112
1 Any appointment of a person as guardian of a child which—
a was made—
i under sections 3 to 5 of the M75Guardianship of Minors Act 1971;
ii under section 38(3) of the M76Sexual Offences Act 1956; or
iii under the High Court’s inherent jurisdiction with respect to children; and
b has taken effect before the commencement of section 5,
shall (subject to sub-paragraph (2)) be deemed, on and after the commencement of section 5, to be an appointment made and having effect under that section.
2 Where an appointment of a person as guardian of a child has effect under section 5 by virtue of sub-paragraph (1)(a)(ii), the appointment shall not have effect for a period which is longer than any period specified in the order.

Appointment of guardian not yet in effect

I291C9213Any appointment of a person to be a guardian of a child—
a which was made as mentioned in paragraph 12(1)(a)(i); but
b which, immediately before the commencement of section 5, had not taken effect,
shall take effect in accordance with section 5 (as modified, where it applies, by paragraph 8(2)).

Persons deemed to be appointed as guardians under existing wills

I292C9314For the purposes of the M77Wills Act 1837 and of this Act any disposition by will and testament or devise of the custody and tuition of any child, made before the commencement of section 5 and paragraph 1 of Schedule 13, shall be deemed to be an appointment by will of a guardian of the child.

CHILDREN IN CARE

Children in compulsory care

I29315
1 Sub-paragraph (2) applies where, immediately before the day on which Part IV comes into force, a person was—
a in care by virtue of—
i a care order under section 1 of the M78Children and Young Persons Act 1969;
ii a care order under section 15 of that Act, on discharging a supervision order made under section 1 of that Act; or
iii an order or authorisation under section 25 or 26 of that Act;
F684b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c in care—
i under section 2 of the M79Child Care Act 1980; or
ii by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of a child in care under section 2 to include children in care under section 1 of the M80Children Act 1948),
and a child in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force;
d a child in respect of whom a resolution had been passed under section 65 of the Child Care Act 1980;
e in care by virtue of an order under—
i section 2(1)(e) of the M81Matrimonial Proceedings (Magistrates’ Courts) Act 1960;
ii section 7(2) of the M82Family Law Reform Act 1969;
iii section 43(1) of the M83Matrimonial Causes Act 1973; or
iv section 2(2)(b) of the M84Guardianship Act 1973;
v section 10 of the M85Domestic Proceedings and Magistrates’ Courts Act 1978,
(orders having effect for certain purposes as if the child had been received into care under section 2 of the Child Care Act 1980);
f in care by virtue of an order made, on the revocation of a custodianship order, under section 36 of the M86Children Act 1975; F685. . .
g in care by virtue of an order made, on the refusal of an adoption order, under section 26 of the M87Adoption Act 1976 or any order having effect (by virtue of paragraph 1 of Schedule 2 to that Act) as if made under that section.
; or—
h in care by virtue of an order of the court made in the exercise of the High Court’s inherent jurisdiction with respect to children,
2 Where this sub-paragraph applies, then, on and after the day on which Part IV commences—
a the order or resolution in question shall be deemed to be a care order;
b the authority in whose care the person was immediately before that commencement shall be deemed to be the authority designated in that deemed care order; and
c any reference to a child in the care of a local authority shall include a reference to a person who is the subject of such a deemed care order,
and the provisions of this Act shall apply accordingly, subject to paragraph 16.

Modifications

I29416
1 Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(a) F687. . . of that paragraph.
2 Where the person would otherwise have remained in care until reaching the age of nineteen, by virtue of—
a section 20(3)(a) or 21(1) of the Children M88and Young Persons Act 1969; F688. . .
F688b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
this Act applies as if in section 91(12) for the word “eighteen" there were substituted “ nineteen" ”
F6893 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A Where in respect of a child who has been placed or allowed to remain in the care of a local authority pursuant to section 7(2) of the Family Law Reform Act 1969 or in the exercise of the High Court’s inherent jurisdiction and the child is still in the care of a local authority, proceedings have ceased by virtue of paragraph 1 (1A) to be treated as pending, paragraph 15(2) shall apply on 14th October 1992 as if the child was in care pursuant to an order as specified in paragraph 15(1)(e)(ii) or (h) as the case may be.
4 Sub-paragraphs (5) and (6) only applywhere a child who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(e) to (h)of that paragraph.
5 Subject to sub-paragraph (6),Where a court, on making the order, or at any time thereafter, gave directions -
a under section 4(4)(a) of the Guardianship Act 1973;
b under section 43(5)(a) of the Matrimonial Causes Act 1973; or
c in the exercise of the High Court’s inherent jurisdiction with respect to children,
as to the exercise by the authority of any powers, those directions shall , subject to the provisions of section 25 of this Act and of any regulations made under that section,continue to have effect (regardless of any conflicting provision in this Act other than section 25) until varied or discharged by a court under this sub-paragraph.
6 Where directions referred to in sub-paragraph (5) are to the effect that a child be placed in accommodation provided for the purpose of restricting liberty then the directions shall cease to have effect upon the expiry of the maximum period specified by regulations under section 25(2)(a) in relation to children of his description, calculated from 14th October 1991.

Cessation of wardship where ward in care

16A
- Where a child who is a ward of court is in care by virtue of—
a an order under section 7(2) of the Family Law Reform Act 1969; or
b an order made in the exercise of the High Court’s inherent jurisdication with respect to children,
he shall, on the day on which Part IV commences, cease to be a ward of court.
F7002 Where immediately before the day on which Part IV commences a child was in the care of a local authority and as a result of an order—
a pursuant to section 7(2) of the Family Law Reform Act 1969; or
b made in the exercise of the High Court’s inherent jurisdiction with respect 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.
F7003 Sub-paragraphs (1) and (2) do not apply in proceedings which are pending.

Children placed with parent etc. while in compulsory care

I29517
1 This paragraph applies where a child is deemed by paragraph 15 to be in the care of a local authority under an order or resolution which is deemed by that paragraph to be a care order.
2 If, immediately before the day on which Part III comes into force, the child was allowed to be under the charge and control of—
a a parent or guardian under section 21(2) of the M89Child Care Act 1980; or
b a person who, before the child was in the authority’s care, had care and control of the child by virtue of an order falling within paragraph 5,
on and after that day the provision made by and under section 23(5) shall apply as if the child had been placed with the person in question in accordance with that provision.

Orders for access to children in compulsory care

I29618
1 This paragraph applies to any access order—
a made under section 12C of the Child Care Act 1980 (access orders with respect to children in care of local authorities); and
b in force immediately before the commencement of Part IV.
2 On and after the commencement of Part IV, the access order shall have effect as an order made under section 34 in favour of the person named in the order.
18A
1 This paragraph applies to any decision of a local authority to terminate arrangements for access or to refuse to make such arrangements—
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 this paragraph applies shall have effect as a court order made under section 34(4) authorising the local authority to refuse to allow contact between the child and the person to whom notice was given under section 12B of the Child Care Act 1980.
I29719
1 This paragraph applies where, immediately before the commencement of Part IV, an access order made under section 12C of the Act of 1980 was suspended by virtue of an order made under section 12E of that Act (suspension of access orders in emergencies).
2 The suspending order shall continue to have effect as if this Act had not been passed.
3 If—
a before the commencement of Part IV; and
b during the period for which the operation of the access order is suspended,
the local authority concerned made an application for its variation or discharge to an appropriate youth court, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned.

Children in voluntary care

I29820
1 This paragraph applies where, immediately before the day on which Part III comes into force—
a a child was in the care of a local authority—
i under section 2(1) of the Child Care M90Act 1980; or
ii by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of references to children in care under section 2 to include references to children in care under section 1 of the M91Children Act 1948); and
b he was not a person in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force.
2 Where this paragraph applies, the child shall, on and after the day mentioned in sub-paragraph (1), be treated for the purposes of this Act as a child who is provided with accommodation by the local authority under Part III, but he shall cease to be so treated once he ceases to be so accommodated in accordance with the provisions of Part III.
3 Where—
a this paragraph applies; and
b the child, immediately before the day mentioned in sub-paragraph (1), was (by virtue of section 21(2) of the Act of 1980) under the charge and control of a person falling within paragraph 17(2)(a) or (b),
the child shall not be treated for the purposes of this Act as if he were being looked after by the authority concerned.

Boarded out children

I29921
1 Where, immediately before the day on which Part III comes into force, a child in the care of a local authority—
a was—
i boarded out with a person under section 21(1)(a) of the Child Care Act 1980; or
ii placed under the charge and control of a person, under section 21(2) of that Act; and
b the person with whom he was boarded out, or (as the case may be) placed, was not a person falling within paragraph 17(2)(a) or (b),
on and after that day, he shall be treated (subject to sub-paragraph (2)) as having been placed with a local authority foster parent and shall cease to be so treated when he ceases to be placed with that person in accordance with the provisions of this Act.
2 Regulations made under section 23(2)(a) shall not apply in relation to a person who is a local authority foster parent by virtue of sub-paragraph (1) before the end of the period of twelve months beginning with the day on which Part III comes into force and accordingly that person shall for that period be subject—
a in a case falling within sub-paragraph (1)(a)(i), to terms and regulations mentioned in section 21(1)(a) of the Act of 1980; and
b in a case falling within sub-paragraph (1)(a)(ii), to terms fixed under section 21(2) of that Act and regulations made under section 22A of that Act,
as if that Act had not been repealed by this Act.

Children in care to qualify for advice and assistance

I30022Any reference in Part III to a person qualifying for advice and assistance shall be construed as including a reference to a person within the area of the local authority in question who is under twenty-one and who was, at any time after reaching the age of sixteen but while still a child—
a a person falling within—
i any of paragraphs (a) to (h) of paragraph 15(1); or
ii paragraph 20(1); or
b the subject of a criminal care order (within the meaning of paragraph 34).

Emigration of children in care

I30123Where—
a the Secretary of State has received a request in writing from a local authority that he give his consent under section 24 of the Child M92Care Act 1980 to the emigration of a child in their care; but
b immediately before the repeal of the Act of 1980 by this Act, he has not determined whether or not to give his consent,
section 24 of the Act of 1980 shall continue to apply (regardless of that repeal) until the Secretary of State has determined whether or not to give his consent to the request.

Contributions for maintenance of children in care

I30224
1 Where, immediately before the day on which Part III of Schedule 2 comes into force, there was in force an order made (or having effect as if made) under any of the enactments mentioned in sub-paragraph (2), then, on and after that day—
a the order shall have effect as if made under paragraph 23(2) of Schedule 2 against a person liable to contribute; and
b Part III of Schedule 2 shall apply to the order, subject to the modifications in sub-paragraph (3).
2 The enactments are—
a section 11(4) of the Domestic M93Proceedings and Magistrates’ Courts Act 1978;
b section 26(2) of the M94Adoption Act 1976;
c section 36(5) of the M95Children Act 1975;
d section 2(3) of the M96Guardianship Act 1973;
e section 2(1)(h) of the M97Matrimonial Proceedings (Magistrates’ Courts) Act 1960,
(provisions empowering the court to make an order requiring a person to make periodical payments to a local authority in respect of a child in care).
3 The modifications are that, in paragraph 23 of Schedule 2—
a in sub-paragraph (4), paragraph (a) shall be omitted;
b for sub-paragraph (6) there shall be substituted—
; and
c at the end of sub-paragraph (10) there shall be inserted—

SUPERVISION ORDERS

I30325
1 This paragraph applies to any supervision order—
a made—
i under section 1(3)(b) of the Children M98and Young Persons Act 1969; or
ii under section 21(2) of that Act on the discharge of a care order made under section 1(3)(c) of that Act; and
b in force immediately before the commencement of Part IV.
2 On and after the commencement of Part IV, the order shall be deemed to be a supervision order made under section 31 and—
a any requirement of the order that the child reside with a named individual shall continue to have effect while the order remains in force, unless the court otherwise directs;
b any other requirement imposed by the court, or directions given by the supervisor, shall be deemed to have been imposed or given under the appropriate provisions of Schedule 3.
3 Where, immediately before the commencement of Part IV, the order had been in force for a period of six months or more, it shall cease to have effect at the end of the period of six months beginning with the day on which Part IV comes into force unless—
a the court directs that it shall cease to have effect at the end of a different period (which shall not exceed three years);
b it ceases to have effect earlier in accordance with section 91; or
c it would have ceased to have had effect earlier had this Act not been passed.
4 Where sub-paragraph (3) applies, paragraph 6 of Schedule 3 shall not apply.
5 Where, immediately before the commencement of Part IV, the order had been in force for less than six months it shall cease to have effect in accordance with section 91 and paragraph 6 of Schedule 3 unless—
a the court directs that it shall cease to have effect at the end of a different period (which shall not exceed three years); or
b it would have ceased to have had effect earlier had this Act not been passed.

Other supervision orders

I30426
1 This paragraph applies to any order for the supervision of a child which was in force immediately before the commencement of Part IV and was made under—
a section 2(1)(f) of the Matrimonial M99Proceedings (Magistrates Courts) Act 1960;
b section 7(4) of the M100Family Law Reform Act 1969;
c section 44 of the M101Matrimonial Causes Act 1973;
d section 2(2)(a) of the M102Guardianship Act 1973;
e section 34(5) or 36(3)(b) of the M103Children Act 1975;
f section 26(1)(a) of the M104Adoption Act 1976; or
g section 9 of the M105Domestic Proceedings and Magistrates Courts Act 1978.
2 The order shall not be deemed to be a supervision order made under any provision of this Act but shall nevertheless continue in force for a period of one year beginning with the day on which Part IV comes into force unless—
a the court directs that it shall cease to have effect at the end of a lesser period; or
b it would have ceased to have had effect earlier had this Act not been passed.

Place of safety orders

I30527
1 This paragraph applies to—
a any order or warrant authorising the removal of a child to a place of safety which—
i was made, or issued, under any of the enactments mentioned in sub-paragraph (2); and
ii was in force immediately before the commencement of Part IV; and
b any interim order made under section 23(5) of the Children M106and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act M1071969.
2 The enactments are—
a section 40 of the M108Children and Young Persons Act 1933 (warrant to search for or remove child);
b section 28(1) of the M109Children and Young Persons Act 1969 (detention of child in place of safety);
c section 34(1) of the M110Adoption Act 1976 (removal of protected children from unsuitable surroundings);
d section 12(1) of the M111Foster Children Act 1980 (removal of foster children kept in unsuitable surroundings).
3 The order or warrant shall continue to have effect as if this Act had not been passed.
4 Any enactment repealed by this Act shall continue to have effect in relation to the order or warrant so far as is necessary for the purposes of securing that the effect of the order is what it would have been had this Act not been passed.
5 Sub-paragraph (4) does not apply to the power to make an interim order or further interim order given by section 23(5) of the M112Children and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act 1969.
6 Where, immediately before section 28 of the Children and Young Persons Act 1969 is repealed by this Act, a child is being detained under the powers granted by that section, he may continue to be detained in accordance with that section but subsection (6) shall not apply.

Recovery of children

I30628The repeal by this Act of subsection (1) of section 16 of the M113Child Care Act 1980 (arrest of child absent from compulsory care) shall not affect the operation of that section in relation to any child arrested before the coming into force of the repeal.
I30729
1 This paragraph applies where—
a a summons has been issued under section 15 or 16 of the Child Care Act 1980 (recovery of children in voluntary or compulsory care); and
b the child concerned is not produced in accordance with the summons before the repeal of that section by this Act comes into force.
2 The summons, any warrant issued in connection with it and section 15 or (as the case may be) section 16, shall continue to have effect as if this Act had not been passed.
I30830The amendment by paragraph 27 of Schedule 12 of section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall not affect the operation of that section in relation to—
a any child arrested; or
b any summons or warrant issued,
under that section before the coming into force of that paragraph.

Voluntary organisations: Parental rights resolutions

I30931
1 This paragraph applies to a resolution—
a made under section 64 of the Child Care Act 1980 (transfer of parental rights and duties to voluntary organisations); and
b in force immediately before the commencement of Part IV.
2 The resolution shall continue to have effect until the end of the period of six months beginning with the day on which Part IV comes into force unless it is brought to an end earlier in accordance with the provisions of the Act of 1980 preserved by this paragraph.
3 While the resolution remains in force, any relevant provisions of, or made under, the Act of 1980 shall continue to have effect with respect to it.
4 Sub-paragraph (3) does not apply to—
a section 62 of the Act of 1980 and any regulations made under that section (arrangements by voluntary organisations for emigration of children); or
b section 65 of the Act of 1980 (duty of local authority to assume parental rights and duties).
5 Section 5(2) of the Act of 1980 (which is applied to resolutions under Part VI of that Act by section 64(7) of that Act) shall have effect with respect to the resolution as if the reference in paragraph (c) to an appointment of a guardian under section 5 of the M114Guardianship of Minors Act 1971 were a reference to an appointment of a guardian under section 5 of this Act.

Foster children

I31032
1 This paragraph applies where—
a immediately before the commencement of Part VIII, a child was a foster child within the meaning of the M115Foster Children Act 1980; and
b the circumstances of the case are such that, had Parts VIII and IX then been in force, he would have been treated for the purposes of this Act as a child who was being provided with accommodation in a children’s home and not as a child who was being privately fostered.
2 If the child continues to be cared for and provided with accommodation as before, section 63(1) and (10) shall not apply in relation to him if—
a an application for registration of the home in question is made under section 63 before the end of the period of three months beginning with the day on which Part VIII comes into force; and
b the application has not been refused or, if it has been refused—
i the period for an appeal against the decision has not expired; or
ii an appeal against the refusal has been made but has not been determined or abandoned.
3 While section 63(1) and (10) does not apply, the child shall be treated as a privately fostered child for the purposes of Part IX.

Nurseries and child minding

I31133
1 Sub-paragraph (2) applies where, immediately before the commencement of Part X, any premises are registered under section 1(1)(a) of the M116Nurseries and Child-Minders Regulation Act 1948 (registration of premises, other than premises wholly or mainly used as private dwellings, where children are received to be looked after).
2 During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to those premises to the exclusion of Part X.
3 Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering any person under section 71(1)(b) with respect to the premises.
4 In this paragraph “the transitional period” means the period ending with—
a the first anniversary of the commencement of Part X; or
b if earlier, the date on which the local authority concerned registers any person under section 71(1)(b) with respect to the premises.
I31234
1 Sub-paragraph (2) applies where, immediately before the commencement of Part X—
a a person is registered under section 1(1)(b) of the Act of 1948 (registration of persons who for reward receive into their homes children under the age of five to be looked after); and
b all the children looked after by him as mentioned in section 1(1)(b) of that Act are under the age of five.
2 During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to that person to the exclusion of Part X.
3 Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering that person under section 71(1)(a).
4 In this paragraph “the transitional period” means the period ending with—
a the first anniversary of the commencement of Part X; or
b if earlier, the date on which the local authority concerned registers that person under section 71(1)(a).

Children accommodated in certain establishments

I31335In calculating, for the purposes of section 85(1)(a) or 86(1)(a), the period of time for which a child has been accommodated any part of that period which fell before the day on which that section came into force shall be disregarded.

Criminal care orders

I31436
1 This paragraph applies where, immediately before the commencement of section 90(2) there was in force an order (“a criminal care order") made—
a under section 7(7)(a) of the M117Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); or
b under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act.
2 The criminal care order shall continue to have effect until the end of the period of six months beginning with the day on which section 90(2) comes into force unless it is brought to an end earlier in accordance with—
a the provisions of the Act of 1969 preserved by sub-paragraph (3)(a); or
b this paragraph.
3 While the criminal care order remains in force, any relevant provisions—
a of the Act of 1969; and
b of the M118Child Care Act 1980,
shall continue to have effect with respect to it.
4 While the criminal care order remains in force, a court may, on the application of the appropriate person, make—
a a residence order;
b a care order or a supervision order under section 31;
c an education supervision order under section 36 (regardless of subsection (6) of that section); or
d an order falling within sub-paragraph (5),
and shall, on making any of those orders, discharge the criminal care order.
5 The order mentioned in sub-paragraph (4)(d) is an order having effect as if it were a supervision order of a kind mentioned in section 12AA of the Act of 1969 (as inserted by paragraph 23 of Schedule 12), that is to say, a supervision order—
a imposing a requirement that the child shall live for a specified period in local authority accommodation; but
b in relation to which the conditions mentioned in subsection (6) of section 12AA are not required to be satisfied.
6 The maximum period which may be specified in an order made under sub-paragraph (4)(d) is six months and such an order may stipulate that the child shall not live with a named person.
F8477 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In sub-paragraph (4) “appropriate person” means—
a in the case of an application for a residence order, any person (other than a local authority) who has the leave of the court;
b in the case of an application for an education supervision order, a local education authority; and
c in any other case, the local authority to whose care the child was committed by the order.

MISCELLANEOUS

Consents under the Marriage Act 1949 (c. 76)

I31537
1 In the circumstances mentioned in sub-paragraph (2), section 3 of and Schedule 2 to the Marriage Act 1949 (consents to marry) shall continue to have effect regardless of the amendment of that Act by paragraph 5 of Schedule 12.
2 The circumstances are that—
a immediately before the day on which paragraph 5 of Schedule 12 comes into force, there is in force—
i an existing order, as defined in paragraph 5(1); or
ii an order of a kind mentioned in paragraph 16(1); and
b section 3 of and Schedule 2 to the Act of 1949 would, but for this Act, have applied to the marriage of the child who is the subject of the order.

The Children Act 1975 (c. 72)

I316E838The amendments of other enactments made by the following provisions of the Children Act 1975 shall continue to have effect regardless of the repeal of the Act of 1975 by this Act—
a section 68(4), (5) and (7) (amendments of section 32 of the M119Children and Young Persons Act 1969); and
b in Schedule 3—
i paragraph 13 (amendments of M120Births and Deaths Registration Act 1953);
ii paragraph 43 (amendment of M121Perpetuities and Accumulations Act 1964);
iii paragraphs 46 and 47 (amendments of M122Health Services and Public Health Act 1968); and
iv paragraph 77 (amendment of M123Parliamentary and Other Pensions Act 1972).

The Child Care Act 1980 (c. 5)

I31739The amendment made to section 106(2)(a) of the M124Children and Young Persons Act 1933 by paragraph 26 of Schedule 5 to the Child Care Act 1980 shall continue to have effect regardless of the repeal of the Act of 1980 by this Act.

E9I318SCHEDULE 15 

Repeals

Section 108(7).

1891 c. 3.The Custody of Children Act 1891.The whole Act.
1933 c. 12.The Children and Young Persons Act 1933.In section 14(2), the words from “may also" to “together, and".
In section 34(8), “(a)" and the words from “and (b)" to the end.
Section 40.
In section 107(1), the definitions of “care order" and “interim order".
1944 c. 31.The Education Act 1944.In section 40(1), the words from “or to imprisonment" to the end.
In section 114(1), the definition of parent.
1948 c. 53.The Nurseries and Child-Minders Regulation Act 1948.The whole Act.
1949 c. 76.The Marriage Act 1949.In section 3(1), the words “unless the child is subject to a custodianship order, when the consent of the custodian and, where the custodian is the husband or wife of a parent of the child of that parent shall be required".
Section 78(1A).
Schedule 2.
1956 c. 69.The Sexual Offences Act 1956.Section 38.
1959 c. 72.The Mental Health Act 1959.Section 9.
1963 c. 37.The Children and Young Persons Act 1963.Section 3.
Section 23.
In section 29(1), the words “under section 1 of the Children and Young Persons Act 1969 or".
Section 53(3).
In Schedule 3, paragraph 11.
1964 c. 42.The Administration of Justice Act 1964.In section 38, the definition of “domestic court".
1968 c. 46.The Health Services and Public Health Act 1968.Section 60.
In section 64(3)(a), sub-paragraphs (vi), (vii), (ix) and (xv).
In section 65(3)(b), paragraphs (vii), (viii) and (x).
1968 c. 49.The Social Work (Scotland) Act 1968.Section 1(4)(a).
Section 5(2)(d).
In section 86(3), the words “the Child Care Act 1980 or".
In Schedule 8, paragraph 20.
1969 c. 46.The Family Law Reform Act 1969.Section 7.
1969 c. 54.The Children and Young Persons Act 1969.Sections 1 to 3.
In section 7, in subsection (7) the words “to subsection (7A) of this section and", paragraph (a) and the words from “and subsection (13) of section 2 of this Act" to the end; and subsection (7A).
Section 7A.
In section 8(3), the words from “and as if the reference to acquittal" to the end.
In section 9(1), the words “proceedings under section 1 of this Act or".
Section 11A.
Section 14A.
In section 15, in subsection (1) the words “and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person"; in subsection (2) the words “and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order"; in subsection (2A), the words “or made by a court on discharging a care order made under that subsection"; and in subsection (4), the words “or made by a court on discharging a care order made under that section".
In section 16, in subsection (6)(a), the words “a care order or"; and in subsection (8) the words “or, in a case where a parent or guardian of his was a party to the proceedings on an application under the preceding section by virtue of an order under section 32A of this Act, the parent or guardian".
In section 17, paragraphs (b) and (c).
Sections 20 to 22.
Section 27(4).
Section 28.
Sections 32A to 32C.
In section 34(2) the words “under section 1 of this Act or", the words “2(3) or" and the words “and accordingly in the case of such a person the reference in section 1(1) of this Act to the said section 2(3) shall be construed as including a reference to this subsection".
In section 70, in subsection (1), the definitions of “care order" and “interim order"; and in subsection (2) the words “21(2), 22(4) or (6) or 28(5)" and the words “care order or warrant".
In Schedule 5, paragraphs 12(1), 37, 47 and 48.
1970 c. 34.The Marriage (Registrar General’s Licence) Act 1970.In section 3(b), the words from “as amended" to “1969".
1970 c. 42.The Local Authority Social Services Act 1970.In Schedule 1, in the entry relating to the Children and Young Persons Act 1969, the words “welfare, etc. of foster children"; the entries relating to the Matrimonial Causes Act 1973, section 44, the Domestic Proceedings and Magistrates’ Courts Act 1978, section 9, the Child Care Act 1980 and the Foster Children Act 1980.
1971 c. 3.The Guardianship of Minors Act 1971.The whole Act.
1971 c. 23.The Courts Act 1971.In Schedule 8, paragraph 59(1).
1972 c. 18.The Maintenance Orders (Reciprocal Enforcement) Act 1972.Section 41.
1972 c. 70.The Local Government Act 1972.In Schedule 23, paragraphs 4 and 9(3).
1972 c. 71.The Criminal Justice Act 1972.Section 51(1).
1973 c. 18.The Matrimonial Causes Act 1973.Sections 42 to 44.
In section 52(1), the definition of “custody".
In Schedule 2, paragraph 11.
1973 c. 29.The Guardianship Act 1973.The whole Act.
1973 c. 45.The Domicile and Matrimonial Proceedings Act 1973.In Schedule 1, in paragraph 11(1) the definitions of “custody" and “education" and in paragraph 11(3) the word “four".
1973 c. 62.The Powers of Criminal Courts Act 1973.In section 13(1), the words “and the purposes of section 1(2)(bb) of the Children and Young Persons Act 1969".
In Schedule 3, in paragraph 3(2A), the word “and" immediately preceding paragraph (b).
1974 c. 53.The Rehabilitation of Offenders Act 1974.In section 1(4)(b) the words “or in care proceedings under section 1 of the Children and Young Persons Act 1969".
In section 5, in subsection 5(e), the words “a care order or"; and in subsection (10) the words “care order or".
1975 c. 72.The Children Act 1975.The whole Act.
1976 c. 36.The Adoption Act 1976.Section 11(5).
Section 14(3).
In section 15, in subsection (1), the words from “subject" to “cases)" and subsection (4).
Section 26.
In section 28(5), the words “or the organisation".
Section 34.
Section 36(1)(c).
Section 37(1), (3) and (4).
Section 55(4).
In section 57, in subsection (2), the words from “and the court" to the end and subsections (4) to (10).
In section 72(1), the definition of “place of safety", in the definition of “local authority" the words from “ and" to the end and, in the definition of “specified order", the words “Northern Ireland or".
In Schedule 3, paragraphs 8, 11, 19, 21, and 22.
1977 c. 45.The Criminal Law Act 1977.Section 58(3).
1977 c. 49.The National Health Service Act 1977.In section 21, in subsection (1)(a) the words “and young children".
In Schedule 8, in paragraph 1(1), the words from “and of children" to the end; in paragraph 2(2) the words from “or (b) to persons who" to “arrangements"; and in paragraph 3(1) “(a)" and the words from “or (b) a child" to “school age".
In Schedule 15, paragraphs 10 and 25.
1978 c. 22.The Domestic Proceedings and Magistrates’ Courts Act 1978.Sections 9 to 15.
In section 19, in subsection (1) the words “following powers, that is to say" and sub-paragraph (ii), subsections (2) and (4), in subsection (7) the words “and one interim custody order" and in subsection (9) the words “or 21".
In section 20, subsection (4) and in subsection (9) the words “subject to the provisions of section 11(8) of this Act".
Section 21.
In section 24, the words “or 21" in both places where they occur.
In section 25, in subsection (1) paragraph (b) and the word “or" immediately preceding it and in subsection (2) paragraphs (c) and (d).
Section 29(4).
Sections 33 and 34.
Sections 36 to 53.
Sections 64 to 72.
Sections 73(1) and 74(1) and (3).
In section 88(1), the definition of “actual custody".
In Schedule 2, paragraphs 22, 23, 27, 29, 31, 36, 41 to 43, 46 to 50.
1978 c. 28.The Adoption (Scotland) Act 1978.In section 20(3)(c), the words “section 12(3)(b) of the Adoption Act 1976 or of".
In section 45(5), the word “approved".
Section 49(4).
In section 65(1), in the definition of “local authority", the words from “and" to the end and, in the definition of “specified order", the words “Northern Ireland or".
1978 c. 30.The Interpretation Act 1978.In Schedule 1, the entry with respect to the construction of certain expressions relating to children.
1980 c. 5.The Child Care Act 1980.The whole Act.
1980 c. 6.The Foster Children Act 1980.The whole Act.
1980 c. 43.The Magistrates’ Courts Act 1980.In section 65(1), paragraphs (e) and (g) and the paragraph (m) inserted in section 65 by paragraph 82 of Schedule 2 to the Family Law Reform Act 1987.
In section 81(8), in the definition of “guardian" the words “by deed or will" and in the definition of “sums adjudged to be paid by a conviction" the words from “as applied" to the end.
In section 143(2), paragraph (i).
In Schedule 7, paragraphs 78, 83, 91, 92, 110, 116, 117, 138, 157, 158, 165, 166 and 199 to 201.
1981 c. 60.The Education Act 1981.In Schedule 3, paragraph 9.
1982 c. 20.The Children’s Homes Act 1982.The whole Act.
1982 c. 48.The Criminal Justice Act 1982.Sections 22 to 25.
Section 27.
In Schedule 14, paragraphs 45 and 46.
1983 c. 20.The Mental Health Act 1983.In section 26(5), paragraph (d) and the word “or" immediately preceding it.
In section 28(1), the words “(including an order under section 38 of the Sexual Offences Act 1956)".
In Schedule 4, paragraphs 12, 26(a), (b) and (c), 35, 44, 50 and 51.
1983 c. 41.The Health and Social Services and Social Security Adjudications Act 1983.Section 4(1).
Sections 5 and 6.
In section 11, in subsection (2) the words “the Child Care Act 1980 and the Children’s Homes Act 1982".
In section 19, subsections (1) to (5).
Schedule 1.
In Schedule 2, paragraphs 3, 9 to 14, 20 to 24, 27, 28, 34, 37 and 46 to 62.
In Schedule 4, paragraphs 38 to 48.
In Schedule 9, paragraphs 5, 16 and 17.
1984 c. 23.The Registered Homes Act 1984.In Schedule 1, in paragraph 5, sub-paragraph (a) and paragraphs 6, 7 and 8.
1984 c. 28.The County Courts Act 1984.In Schedule 2, paragraph 56.
1984 c. 37.The Child Abduction Act 1984.In section 3, the word “and" immediately preceding paragraph (c).
In the Schedule, in paragraph 1(2) the words “or voluntary organisation" and paragraph 3(1)(e).
1984 c. 42.The Matrimonial and Family Proceedings Act 1984.In Schedule 1, paragraphs 19 and 23.
1984 c. 56.The Foster Children (Scotland) Act 1984.In section 1, the words “for a period of more than 6 days" and the words from “The period" to the end.
In section 7(1), the word “or" at the end of paragraph (e).
In Schedule 2, paragraphs 1 to 3 and 8.
1984 c. 60.The Police and Criminal Evidence Act 1984.In section 37(15), the words “and is not excluded from this Part of this Act by section 52 below".
Section 39(5).
Section 52.
In section 118(1), in the definition of parent or guardian, paragraph (b) and the word “and" immediately preceding it.
In Schedule 2, the entry relating to section 16 of the Child Care Act 1980.
In Schedule 6, paragraphs 19(a) and 22.
1985 c. 23.The Prosecution of Offences Act 1985.Section 27.
1985 c. 60.The Child Abduction and Custody Act 1985.Section 9(c).
Section 20(2)(b) and (c).
Section 25(3) and (5).
In Schedule 3, paragraph 1(2).
1986 c. 28.The Children and Young Persons (Amendment) Act 1986.The whole Act.
1986 c. 33.The Disabled Persons (Services, Consultation and Representation) Act 1986.In section 16, in the definition of “guardian", paragraph (a).
1986 c. 45.The Insolvency Act 1986.In section 281(5)(b), the words “in domestic proceedings".
1986 c. 50.The Social Security Act 1986.In Schedule 10, paragraph 51.
1986 c. 55.The Family Law Act 1986.In section 1(2), in paragraph (a) the words “(a) or" and paragraph (b).
Section 3(4) to (6).
Section 4.
Section 35(1).
In section 42(6), in paragraph (b) the words “section 42(6) of the Matrimonial Causes Act 1973 or", in paragraph (c) the words “section 42(7) of that Act or" and in paragraph (d) the words “section 19(6) of the Domestic Proceedings and Magistrates’ Courts Act 1978 or".
In Schedule 1, paragraphs 10, 11, 13, 16, 17, 20 and 23.
1987 c. 42.The Family Law Reform Act 1987.Section 3.
Sections 4 to 7.
Sections 9 to 16.
In Schedule 2, paragraphs 11, 14, 51, 67, 68, 94 and 95.
In Schedule 3, paragraphs 11 and 12.
1988 c. 34.The Legal Aid Act 1988.Section 3(4)(c).
Section 27.
Section 28.
In section 30, subsections (1) and (2).
In Part I of Schedule 2, paragraph 2(a) and (e).

Footnotes

  1. C1
    Act amended by Army Act 1955 (c. 18), Sch. 5A para. 7(3)-(4) (as substituted by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 8(2), Sch. 14 para. 27(4))
  2. C2
    Act amended (1.11.1994) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(a), 39(3), 43(2); S.I. 1994/1776, art. 2(2)
  3. C3
    Act modified (1.6.1996) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 21(4)(b); S.I. 1996/1173, art. 2
  4. C4
    Act modified (14.10.1991) by S.I. 1991/2032, art. 3(1).
    Act modified (14.10.1991) by S.I. 1991/2032, art. 7(1).
    Act (except for s. 41(8)) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1
    Act extended (E.W.) (30.9.1998) by 1998 c. 37, s. 11(6); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8).
    Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 as amended (7.11.2003) by 2002 c. 38, ss. 145(1), 148 (with Sch. 4 paras. 6-8)
  5. C5
    By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
  6. E1
    For the extent of the provisions of this Act please see section 108(10)-(12).
  7. C6
    Power to modify Act conferred (12.12.1996 for certain purposes and 1.4.1997 otherwise) by 1995 c. 36, ss. 33(5)(b)(with ss. 90, 103(1)); S.I. 1996/3201, art. 3(1)
  8. C7
    Act definition of "parental responsibility" extended (E.W.S.) with modification (7.10.1996) by S.I. 1996/207, reg. 57(3)
    Act definition of "Voluntary organisation" extended (7.10.1996) by S.I. 1996/207, reg. 78(9)(c)
  9. C8
    Act applied (with modifications) (E.W.S) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16, Sch. 2 (as amended by S.I. 2010/2430, regs. 15, 17)
  10. C9
    Act modified (26.4.2010) by The Isles of Scilly (Children Act 1989) Order 2010 (S.I. 2010/1116), art. 2
  11. I1
    S. 1 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  12. C10
    S. 1(2)(3)(a)-(f) applied (with modifications) (14.10.1991) by S.I. 1991/1395, rule 11(1) (as amended (8.12.2008) by The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008 (S.I. 2008/2858), rule 7)
  13. F1
    Words in s. 1(4)(b) inserted (30.12.2005) by 2002 c. 38, ss. 115(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  14. I2
    S. 2 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  15. F2
    S. 2(1A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 26(2); S.I. 2009/479, art. 6(1)(e)
  16. F3
    Words in s. 2(2) substituted (1.12.2003) by 2002 c. 38, ss. 111(5), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  17. F4
    S. 2(2A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 26(3); S.I. 2009/479, art. 6(1)(e)
  18. M1
    1987 c. 42.
  19. I3
    S. 3 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  20. I4
    S. 4 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  21. F5
    Words in s. 4(1) substituted (1.12.2003) by 2002 c. 38, ss. 111(2), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  22. F6
    S. 4(1A)(1B) inserted (1.12.2003) by 2002 c. 38, ss. 111(3), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  23. C11
    S. 4(1B): transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 3(a), 4
  24. F7
    Words in s. 4(1B) substituted (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), art. 6, Sch. para. 1
  25. F8
    S. 4(2A)(3) substituted (1.12.2003) for s. 4(3) by 2002 c. 38, ss. 111(4), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  26. F9
    S. 4A inserted (30.12.2005) by 2002 c. 38, ss. 112, 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  27. F10
    Words in s. 4A(1) inserted (30.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(2); S.I. 2005/3175, art. 2(9)
  28. I5
    S. 5 (except s. 5(11)(12)) in force at 14.10.1991 by S.I. 1991/828, art. 3(2); and s. 5(11)(12) in force at 1.2.1992 by S.I. 1991/828, art. 3 (as amended by S.I. 1991/1990, art. 2)
  29. F11
    S. 5(1)(c) and preceding word inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(a)(ii), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  30. F12
    Words in s. 5(4) inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/3213, art. 2(k)
  31. M2
    1837 c. 26.
  32. F13
    Words in s. 5(7) inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(c), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  33. I6
    S. 6 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  34. F14
    S. 6(3A) inserted (8.11.1995 with effect as mentioned in s. 4(2) of the amending Act) by 1995 c. 41, ss. 4(1)(2)
  35. F15
    S. 6(3B) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 76; S.I. 2005/3175, art. 2(1), Sch. 1
  36. I7
    S. 7 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  37. F16
    Words in s. 7(1)(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 88; S.I. 2001/919, art. 2(f)(ii)
  38. F17
    Words in s. 7(1)(5) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 6; S.I. 2005/700, art. 2(2)
  39. F18
    Words in s. 7(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 204(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  40. F19
    S. 7(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 204(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  41. F20
    S. 4ZA inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 27; S.I. 2009/479, art. 6(1)(e)
  42. I8
    S. 8 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  43. M3
    1973 c. 18.
  44. F21
    S. 8(4)(ba) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 26(1), Sch. 27 para. 129(2); S.I. 2005/3175, art. 2(2)
  45. F22
    S. 8(4)(c) and (f) repealed (1.10.1997) by 1996 c. 27, ss. 66(1)(3), Sch. 8 Pt. III para. 60(1), Sch. 10 (with Sch. 9 para. 5); S.I. 1997/1892, art. 3(1)(b)
  46. M4
    1976 c. 50.
  47. M5
    1978 c. 22.
  48. F23
    S. 8(4)(ea) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 26(1), Sch. 27 para. 129(3); S.I. 2005/3175, art. 2(2)
  49. M6
    1983 c. 19.
  50. M7
    1984 c. 42.
  51. F24
    S. 8(4)(h) inserted (1.10.1997) by 1996 c. 27, ss. 66(1), Sch. 8 Pt. III para. 60(1); S.I. 1997/1892, art. 3(a)
  52. F25
    S. 8(4)(i) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 68; S.I. 1998/2327, art. 2(1)(y)(2)(u) (subject to arts. 5-8)
  53. I9
    S. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  54. F26
    Words in s. 9(3)(c) substituted (30.12.2005) by 2002 c. 38, ss. 113(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  55. F27
    S. 9(4) repealed (30.12.2005) by 2002 c. 38, ss. 113(b), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k); S.I. 2005/2897, art. 2(b)
  56. F28
    Words in s. 9(6) substituted (1.9.2009) for the words from the beginning to "which" by virtue of Children and Young Persons Act 2008 (c. 23), ss. 37(1), 44; S.I. 2009/1921, art. 2(b); S.I. 2009/2273, art. 2(2)(k)
  57. I10
    S. 10 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  58. F29
    Words in s. 10(4)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  59. F30
    S. 10(4)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  60. F31
    S. 10(5)(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 77; S.I. 2005/3175, art. 2(1), Sch. 1
  61. F32
    S. 10(5A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  62. F33
    S. 10(5B) inserted (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 36, 44; S.I. 2009/1921, art. 2(a); S.I. 2009/2273, art. 2(2)(j)
  63. F34
    S. 10(7A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(d) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  64. I11
    S. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  65. C12
    S. 11(3) restricted (14. 10. 1991) by S.I. 1991/1395, r.28
  66. I12
    S. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  67. F35
    S. 12(3)(a) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(a), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(a)
  68. F36
    Words in s. 12(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  69. F37
    Words in s. 12(4) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 28(3)(b); S.I. 2009/479, art. 6(1)(e)
  70. F38
    Word in s. 12(4) substituted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 28(3)(c); S.I. 2009/479, art. 6(1)(e); S.I. 2009/479, art. 6(1)(e)
  71. F39
    S. 12(5) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(2), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)(i)
  72. F40
    S. 12(6) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(2), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)(i)
  73. I13
    S. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  74. F41
    S. 11A inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  75. F42
    S. 11B inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  76. F43
    S. 11C inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  77. F44
    S. 11D inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  78. F45
    S. 11E inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  79. F46
    S. 11F inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  80. F47
    S. 11G inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)
  81. F48
    S. 11H inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 2, 17; S.I. 2008/2870, art. 2(2)(b)
  82. F49
    S. 11I inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 3, 17 (with s. 8); S.I. 2008/2870, art. 2(2)(b)
  83. F50
    S. 11J inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17 (with s. 8); S.I. 2008/2870, art. 2(2)(c)
  84. F51
    S. 11K inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17 (with s. 8); S.I. 2008/2870, art. 2(2)(c)
  85. F52
    S. 11L inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)
  86. F53
    S. 11M inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)
  87. F54
    S. 11N inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)
  88. F55
    S. 11O inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 5, 17; S.I. 2008/2870, art. 2(2)(d)
  89. F56
    S. 11P inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 5, 17 (with s. 8); S.I. 2008/2870, art. 2(2)(d)
  90. F57
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  91. F58
    S. 14A(5)(e) inserted (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 38, 44; S.I. 2009/1921, art. 2(c); S.I. 2009/2273, art. 2(2)(l)
  92. C13
    S. 14A(7) applied (with modifications) (30.12.2005) by 2002 c. 38, ss. 29(6), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)
  93. F59
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  94. F60
    Word in s. 14B(1)(a) repealed (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(a), Sch. 3; S.I. 2008/2870, art. 2(2)(e)(f)
  95. F61
    S. 14B(1)(c)(d) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(b); S.I. 2008/2870, art. 2(2)(e)
  96. F62
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  97. C14
    S. 14C(1)(b) modified (30.12.2005) by 2002 c. 38, ss. 29(7)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)
  98. C15
    S. 14C(3)(4) excluded (30.12.2005) by 2002 c. 38, ss. 29(7)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)
  99. F63
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  100. F64
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  101. F65
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  102. F66
    Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  103. F67
    S. 14G ceases to have effect (17.1.2005 for E. and 30.12.2005 for W.) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 117(2); S.I. 2005/38, art. 2(b); S.I. 2005/3285, art. 2(1); and s. 14G repealed (prosp.) by that same amending Act, s. 196, {Sch. 14 Pt. 2}
  104. F68
    Ss. 14A-14G and heading inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, {art. 2k}
  105. I14
    S. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  106. F69
    Words in s. 15(1) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 10(1); S.I. 1991/1883, art. 3, Sch.
  107. M8
    1975 c. 72.
  108. M9
    1987 c. 42.
  109. I15
    S. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  110. F70
    Words in s. 16(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 89(a); S.I. 2001/919, art. 2(f)(ii)
  111. F71
    Words in s. 16(1) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 7; S.I. 2005/700, art. 2(2)
  112. F72
    Words in s. 16(2)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 58 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  113. F73
    S. 16(3)(a) repealed (1.10.2007 for certain purposes and 8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 6(2), 15, 17, Sch. 3; S.I. 2007/2287, art. 2(2)(a)(d); S.I. 2008/2870, art. 2(2)(f)
  114. F74
    S. 16(4A) inserted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(3), 17; S.I. 2007/2287, art. 2(2)(a)
  115. F75
    Words in s. 16(5) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(4), 17; S.I. 2007/2287, art. 2(2)(a)
  116. F76
    S. 16(6) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(5), 17; S.I. 2007/2287, art. 2(2)(a)
  117. F77
    S. 16(8)(9) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 89(b), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)
  118. F78
    S. 16A inserted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 7, 17; S.I. 2007/2287, art. 2(2)(b)
  119. C16
    s. 17 excluded (6.12.1999) by S.I. 1999/3056, reg. 12
  120. I16
    S. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  121. C17
    S. 17 restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.
  122. F79
    S. 17(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(1); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)
  123. F80
    Words in s. 17(5)(a) substituted (1.10.2001) by 2000 c. 35, s. 7(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  124. F81
    Words in s. 17(6) inserted (7.11.2002) by 2002 c. 38, ss. 116(1), 148(1) (with Sch. 4 paras. 6-8)
  125. F82
    Words in s. 17(9) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  126. F83
    Words in s. 17(9) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(a).
  127. F84
    Words in s. 17(9) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  128. F85
    Words in s. 17(9) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(2); S.I. 2008/787, art. 2(4)(f)
  129. F86
    S. 17(12) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(3); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  130. F87
    S. 17A substituted (16.3.2003 for certain purposes and 8.4.2003 otherwise for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 58, 70(2) (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(1)(b)(2)(a); S.I. 2004/1754, art. 2(2)(b)
  131. F88
    Words in s. 17A(5)(b) repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e) Sch. 1 (subject to savings and transitional provisions in arts. 3, 4)
  132. F89
    Words in s. 17A(5)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(3); S.I. 2008/787, art. 2(4)(f)
  133. I17
    S. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  134. I18
    S. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  135. F90
    S. 19 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  136. F91
    S. 19(1)(2) repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, ss. 149, 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2
  137. F92
    Words in s. 19(1)(c) substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(a); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  138. F93
    In s. 19(4) words repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, s. 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2
  139. F94
    S. 19(5): definition of
    “relevant establishment”
    substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(b); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  140. F95
    Words in s. 19(7)(a) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(2)(with Sch. 2 para. 6)
  141. F96
    Words in s. 19(7)(a) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(2)
  142. M10
    1978 c. 29.
  143. I19
    S. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  144. F97
    Words in s. 20(6)(a)(b) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(2); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)
  145. C18
    S. 20(8) restricted (30.12.2005) by 2002 c. 38, ss. 30(6), 148 (subject to ss. 31-33) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)
  146. F98
    S. 20(9)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 59 (with Sch. 4 paras. 6-8); S.I. 2003/2213, art. 2(o)
  147. I20
    S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  148. M11
    1984 c. 60.
  149. F99
    S. 21(2)(c)(ia) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 105 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  150. F100
    S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  151. F101
    Word in s. 21(2)(c)(ii) repealed (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(1), Sch. 7 para. 21, Sch. 8 Pt. 2; S.I. 2010/507, art. 5(v)(x)
  152. F102
    S. 21(2)(c)(iia) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(1), Sch. 7 para. 21; S.I. 2010/507, art. 5(v)
  153. F103
    S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  154. F104
    Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5
  155. F105
    Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(1)
  156. F106
    Words in s. 21(3) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(3) (with Sch. 2 para. 6)
  157. F107
    Words in s. 21(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(a)}
  158. I21
    S. 22 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)
  159. C19
    S. 22 applied (1.10.1992) by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 23(13)(a) (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 60(1); S.I. 1992/333, art. 2(2), Sch. 2.
  160. F108
    Words in s. 22(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 19; S.I. 2000/2849, art. 2(f)
  161. M12
    1970 c. 42.
  162. F109
    Words in s. 22(1)(b) inserted (1.10.2001) by 2000 c. 35, s. 2(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  163. F110
    Word in s. 22(1) inserted (7.11.2002) by 2002 c. 38, ss. 116, 148 (with Sch. 4 paras. 6-8)
  164. F111
    S. 22(3A) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 52; S.I. 2005/394, art. 2(3)(b); S.I. 2006/885, art. 2(2)
  165. C20
    S. 22(4)(b)-(d)(5)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(1)(2), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)
  166. C21
    S. 22(4)(b) excluded (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(a)
    S. 22(4)(b) excluded (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(a)
  167. C22
    S. 22(4)(c) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(b)
    S. 22(4)(c) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(b)
  168. C23
    S. 22(5)(b) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(c)
    S. 22(5)(b) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(c)
  169. F112
    Words in s. 22(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 6(b)
  170. F113
    Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)
  171. F114
    S. 22G inserted (1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 9, 44; S.I. 2010/2981, art. 4(b)
  172. F115
    Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  173. C24
    S. 23A(2) modified (W.) (1.10.2001) by S.I. 2001/2189, reg. 4(4)(5) (as amended (1.8.2002) by S.I. 2002/1855, reg. 2(b)(i))
  174. F116
    Words in s. 23A(5) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 8(3)(b)
  175. F117
    Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  176. F118
    S. 23B(4)-(7) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(1), 44, Sch. 4; S.I. 2010/2981, art. 4(g)(l); S.I. 2012/1553, art. 2(a)(e)
  177. C25
    S. 23C restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.
  178. F119
    Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  179. F120
    S. 23C(5A)-(5C) inserted (12.2.2009 for certain purposes for E. , 22.8.2009 otherwise for E., 26.4.2010 for certain purposes for W., 18.3.2011 otherwise for W.) by Children and Young Persons Act 2008 (c. 23), ss. 21(2), 44; S.I. 2009/268, art. 3(1)(d); S.I. 2009/2273, art. 2(1); S.I. 2010/1329, art. 2(g); S.I. 2011/824, art. 2(b)
  180. F121
    Words in s. 23C(9) inserted (22.8.2009 for E., 18.3.2011 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 21(3), 44; S.I. 2009/2273, art. 2(1); S.I. 2011/824, art. 2(a)
  181. F122
    Words in heading before s. 24 inserted (1.10.2001) by 2000 c. 35, ss. 2(3); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  182. F123
    S. 23CA inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(2), 44; S.I. 2010/2981, art. 4(g) (with art. 6); S.I. 2012/1553, art. 2(a) (with art. 3
  183. F124
    Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  184. F125
    Word in s. 23D(1) substituted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(a), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)
  185. F126
    S. 23D(1)(d) and word inserted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(b), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)
  186. F127
    Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  187. F128
    Words in s. 23E(1)(b) inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(4), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)
  188. F129
    S. 23E(1A)-(1D) inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., 1.4.2011 for E. so far as not already in force, 19.6.2012 for W. so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(5), 44; S.I. 2009/2273, art. 2(2)(g); S.I. 2010/1329, art. 2(h); S.I. 2010/2981, art. 4(g) (with art. 6)
  189. F130
    Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  190. F131
    S. 24(1)-(1B) substituted (30.12.2005) for s. 24(1) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  191. F132
    Words in s. 24(2) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  192. C26
    S. 24(2)(c)(d)(ii) amended (temp. from 1.10.2001) by 2000 c. 35, s. 4(2)(a)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  193. F133
    Words in s. 24(2)(d)(i) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(b)
  194. F134
    Words in s. 24(2)(d)(i) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(2)
  195. F135
    Words in s. 24(2)(d)(ii) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 76; S.I. 2004/759, art. 2
  196. F136
    S. 24(5)(za) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  197. C27
    S. 24A restricted (8.1.2002) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.
  198. F137
    Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  199. F138
    Words in s. 24A(2)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  200. F139
    Words in s. 24A(3)(a) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  201. F140
    Words in s. 24A(5) substituted (7.11.2002) by 2002 c. 38, ss. 116(3), 148 (with Sch. 4 paras. 6-8)
  202. C28
    S. 24B restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.
  203. F141
    Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  204. F142
    Words in s. 24B(1)(3)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 62 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  205. F143
    Word in s. 24B(3)(a) substituted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(2), 44(4); S.I. 2010/2981, art. 4(h); S.I. 2012/1553, art. 2(b)
  206. F144
    Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35 , s. 4(1) ; S.I. 2001/2191 , art. 2 ; S.I. 2001/2878 , art. 2
  207. F145
    S. 24D inserted (1.10.2001) by 2000 c. 35, s. 5; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  208. F146
    S. 24D(1A) inserted (7.12.2004) by 2002 c. 38, ss. 117(1), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(m)(xi)
  209. F147
    Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  210. I22
    S. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  211. E2
    S. 25 extends to England and Wales with the exception of s. 25(8) which extends to Great Britain. See s. 108(11)(12).
  212. C29
    S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(1).
    S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(2).
    S. 25 modified (14.10.1991) by S.I. 1991/1505, reg. 6(1).
    S. 25 modified (14.10.1991) by S.I. 1991/1505, reg. 7(1).
  213. I23
    S. 26 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  214. F148
    Words in s. 26(2)(e) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)
  215. F149
    Words in s. 26(2)(e) inserted (21.5.2004) by 2002 c. 38, ss. 118(1)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2
  216. F150
    Words in s. 26(2)(f) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)
  217. F151
    Words in s. 26(2)(f) inserted (21.5.2004) by 2002 c. 38, ss. 118(1)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2
  218. F152
    Words in s. 26(3) substituted (30.12.2005) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  219. F153
    S. 26(3A)(3B) inserted (7.12.2004 for specified purposes and otherwise 30.12.2005) by 2002 c. 38, ss. 117(4), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi); S.I. 2005/2213, art. 2(k)
  220. F154
    S. 26(3C) inserted (17.1.2005 for E. and 30.12.2005 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 117(1); S.I. 2005/38, art. 2(a); S.I. 2005/2925, art. 8; S.I. 2005/3285, art. 2(1)
  221. F155
    Words in s. 26(4) inserted (30.12.2005 ) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  222. F156
    S. 26(4A) inserted (7.12.2004) by 2002 c. 38, ss. 117(6), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi)
  223. F157
    S. 26(5A) inserted (30.12.2005) by 2002 c. 38, ss. 117(7), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  224. F158
    S. 26ZA repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 10, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
  225. F159
    S. 26A inserted (30.1.2004 for certain purposes and otherwise 1.4.2004) by 2002 c. 38, ss. 119, 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(3)(4)(b)
  226. I24
    S. 27 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  227. F160
    Words in s. 27(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 14(a), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  228. F161
    Word in s. 27(3) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 14(b); S.I. 1991/1883, art. 3, Sch.
  229. F162
    Words in s. 27(3)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(4), Sch. 3 Pt. 2
  230. F163
    Words in s. 27(3)(d) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(5)(with Sch. 2, para. 6)
  231. F164
    Words in s. 27(3)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(d)}
  232. F165
    Words in s. 27(3)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 78; S.I. 2004/759, art. 2
  233. F166
    S. 27(4) repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 147, Sch. 21 Pt. II; S.I. 1994/2038, art. 3, Sch. 2, Appendix
  234. I25
    S. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  235. F167
    S. 28 repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(5), Sch. 3 Pt. 2
  236. I26
    S. 29 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  237. F168
    Words in s. 29(3) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2
  238. F169
    Words in s. 29(3) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  239. F170
    Words in s. 29(3) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para 108(b).
  240. F171
    Words in s. 29(3) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  241. F172
    Words in s. 29(3)(3A) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, {Sch, 3 para. 6(4)}; S.I. 2008/787, art. 2(4)(f)
  242. F173
    S. 29(3A) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2
  243. F174
    S. 29(3B) inserted (2.7.2002 for certain purposes, otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 para. 30; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)
  244. F175
    Words in s. 29(3B) substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 4(4), Sch. 4 para. 9
  245. M13
    1980 c. 5.
  246. F176
    Words in s. 29(8)(c) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 20
  247. F177
    Words in s. 29(8)(c) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(3)
  248. F178
    Words in s. 29(8)(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(e)}
  249. F179
    Words in s. 29(9) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(a); S.I. 2001/2191, art. 2; 2001/2878, art. 2
  250. F180
    Words in s. 29(9) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 15; S.I. 1991/1883, art. 3, Sch.
  251. F181
    S. 29(10) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  252. I27
    S. 30 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  253. F182
    S. 30(3) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(6)(a), Sch. 3 Pt. 2
  254. F183
    Words in s. 30(4) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(6)(b)
  255. F184
    S. 26ZA inserted (20.11.2003 for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 116(1), 199
  256. F185
    S. 23ZA and cross-heading inserted (1.9.2009 and 15.11.2010 for certain purposes for E., 26.4.2010 for certain purposes for W., 28.3.2011 for W. otherwise, 1.4.2011 for E. otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 15, 44; S.I. 2009/2273, art. 2(2)(d); S.I. 2010/1326, art. 2(d); S.I. 2010/2714, art. 2(d); S.I. 2010/2981, art. 4(d) (with art. 5); S.I. 2011/949, art. 3(1)(a)
  257. F186
    Ss. 25A, 25B and cross-heading inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., and and 1.4.2011 otherwise for E.) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44; S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5)
  258. I28
    S. 31 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  259. C30
    S. 31 applied (14.10.1991) by S.I. 1991/2032, art. 3(1).
  260. C31
    S. 31(1)(a) extended (30.9.1998) by 1998 c. 37, s. 12(6)(a)(7); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8)
  261. F187
    Words in s. 31(1)(b) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 90, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)
  262. C32
    S. 31(2) modified (30.9.1998) by 1998 c. 37, s. 12(7); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8).
  263. F188
    S. 31(7)(b)(ii) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 35 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  264. F189
    S. 31(9): words in definition of "harm" inserted (31.1.2005) by 2002 c. 38, ss. 120, 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(2)
  265. F190
    S. 31A inserted (7.12.2004 for specified purposes and otherwise 30.12.2005) by 2002 c. 38, ss. 121(2), 148 (with s. 121(3), Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xii); S.I. 2005/2213, art. 2(k)
  266. I29
    S. 32 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  267. I30
    S. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  268. F191
    Words in s. 33(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  269. F192
    Words in s. 33(5) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  270. F193
    S. 33(6)(b)(i) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(c)(i), Sch. 5 (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  271. F194
    Words in s. 33(6)(b)(ii) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(c)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  272. F195
    Words in s. 33(9) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(d) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  273. I31
    S. 34 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  274. F196
    Words in s. 34(1)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 64(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  275. F197
    S. 34(1)(ba) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 64(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  276. I32
    S. 35 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  277. I33
    S. 36 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  278. F198
    Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(a)
  279. F199
    Words in s. 36(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 85(a)(with s. 1(4))
  280. F200
    S. 36(5)(b) substituted (1.9.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 117, 119, Sch. 18 para. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
  281. F201
    Words in s. 36(7) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(b)
  282. F202
    Words in s. 36(8) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(i)
  283. F203
    Words in s. 36(8) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 149, Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1, Appendix.
  284. F204
    Words in s. 36(8) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(ii)
  285. I34
    S. 37 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  286. F205
    Words in s. 37(5)(b) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 16; S.I. 1991/1883, art. 3, Sch.
  287. I35
    S. 38 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  288. C33
    S. 38(1) restricted (14.10.1991) by S.I. 1991/1395, rules 1, 28
  289. F206
    Ss. 38A and 38B inserted(1.10.1997) by 1996 c. 27, ss. 52, Sch. 6 para. 1(with Sch. 9 para. 5); S.I. 1997/1892, art.3
  290. F207
    Ss. 38A and 38B inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para.1 (with Sch. 9 para. 5); S.I. 1997/1892, art.3
  291. I36
    S. 39 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  292. F208
    S. 39(3A) and (3B) inserted(1.10.1997) by 1996 c. 27, ss. 52, 67(3), Sch. 6 para.2; S.I. 1997/1892, art. 3
  293. I37
    S. 40 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  294. F209
    S. 41 side note substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 91(e); S.I. 2001/919, art. 2(f)(ii)
  295. I38
    S. 41 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  296. F210
    Words in s. 41(1)(2)(4)(a)(10)(a)(b)(c)(11)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 91(a)(b)(c); S.I. 2001/919, art. 2(f)(ii)
  297. F211
    Words in s. 41(1) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(2); S.I. 2005/700, art. 2(2)
  298. C34
    S. 41(2) modified (14. 10. 1991) by S.I. 1991/1395, rules. 1, 11(1)
  299. F212
    Words in s. 41(2)(4)(a) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(3); S.I. 2005/700, art. 2(2)
  300. F213
    S. 41(6)(hh) inserted (30.12.2005) by 2002 c. 38, ss. 122(1)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  301. F214
    S. 41(6A) inserted (7.12.2004) by 2002 c. 38, ss. 122(1)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(l)
  302. F215
    S. 41(7)-(9)(12) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 91(d), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)
  303. F216
    Words in s. 41(10)(a)(b) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(4)(a); S.I. 2005/700, art. 2(2)
  304. F217
    Words in s. 41(10)(c) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(4)(b); S.I. 2005/700, art. 2(2)
  305. F218
    Words in s. 41(11) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(5); S.I. 2005/700, art. 2(2)
  306. F219
    S. 42 sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch.7 Pt. II para. 92(c); S.I. 2001/919, art. 2(f)(ii)
  307. I39
    S. 42 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  308. F220
    Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, 80, Sch. 7 Pt. II para. 92(a)(i); S.I. 2001/919, art. 2(f)(ii)
  309. F221
    Words in s. 42(1)(2) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 10; S.I. 2005/700, art. 2(2)
  310. F222
    Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(a)(ii); S.I. 2001/919, art. 2(f)(ii)
  311. F223
    Words in s. 42(1)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(2); S.I. 1991/1883, art. 3, Sch.
  312. F224
    Words in s. 42(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  313. F225
    Words in s. 42(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 20; S.I. 2000/2849, art. 2(f)
  314. M14
    1970 c. 42.
  315. F226
    S. 42(1)(c) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, Sch. 16 para. 18(3); S.I. 1991/1883, art. 3, Sch.
  316. F227
    Words in s. 42(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(b); S.I. 2001/919, art. 2(f)(ii)
  317. F228
    S. 42(4) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(4); S.I. 1991/1883, art. 3, Sch.
  318. I40
    S. 43 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  319. I41
    S. 44 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  320. F229
    Ss. 44A and 44B inserted(1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para. 3(with Sch. 9 para. 5); S.I. 1997/1892, art. 3
  321. F230
    Ss. 44A and 44B inserted (1.10.1997) by 1996 c. 27, ss. 52, Sch. 6 para. 3(with Sch 9 para. 5); S.I. 1997/1892, art.3
  322. I42
    S. 45 in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)
  323. F231
    S. 45(8A)(8B) inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para. 4(with Sch. 9 para. 5); S.I. 1997/1892, art. 3
  324. F232
    S. 45(9) repealed (6.4.2009) by Children and Young Persons Act 2008 (c. 23), ss. 30, 42, Sch. 4; S.I. 2009/268, art. 3(3)(b); S.I. 2009/728, art. 2(a)(c)
  325. F233
    S. 45(10) substituted (14.10.1991) by Courts and Legal Services Act (c. 41, SIF 76:1), s. 116, Sch. 16 para. 19; S.I. 1991/1883, art. 3, Sch.
  326. F234
    Words in s. 45(12) substituted by S.I. 2002/253, art. 54, Sch. 5 para. 10(a) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)
  327. F235
    S. 45(13) added (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 4(a)
  328. I43
    S. 46 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  329. I44
    S. 47 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  330. F236
    S. 47(1)(a)(iii) and preceding word repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13
  331. F237
    Words in s. 47(1) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13
  332. F238
    S. 47(5ZA) and words substituted (5.5.2010) for words in s. 47(5) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(8)(a)
  333. F239
    S. 47(5A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(3); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)(d)
  334. F240
    S. 47(11)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(8)(b), Sch. 3 Pt. 2
  335. F241
    Words in s. 47(11)(d) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(7)(with Sch. 2 para. 6)
  336. F242
    Words in s. 47(11)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(f)
  337. F243
    Words in s. 47(11)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 79; S.I. 2004/759, art. 2
  338. I45
    S. 48 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  339. F244
    Words in s. 48(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 130; S.I. 2005/3175, art. 2(1), Sch. 1
  340. F245
    Words in s. 48(11) substituted by S.I. 2002/253, art. 54, Sch. 5 para. 10(b) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)
  341. F246
    S. 48(11A) inserted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 4(b)
  342. I46
    S. 49 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828 art. 3(2))
  343. I47
    S. 50 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  344. E3
    S. 50 extends to England and Wales and Northern Ireland except s. 50(13) which also extends to Scotland. See s. 108(11)(12)
  345. C35
    S. 50 applied (14.10.1991) by S.I. 1991/2032, art. 6(1).
    S. 50 applied (14.10.1991) by S.I. 1991/2032, art. 7(1).
  346. F247
    Words in s. 50(11) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 131; S.I. 2005/3175, art. 2(1), Sch. 1
  347. M15
    S.I. 1981/1675 (N.I. 26).
  348. I48
    S. 51 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  349. F248
    Word in s. 51(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(7); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3))
  350. M16
    1969 c. 54.
  351. M17
    1984 c. 37.
  352. I49
    S. 52 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  353. I50
    S. 53 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  354. F249
    Words in s. 53(3)(a) substituted (8.3.1996) by 1994 c. 33, s. 22(2)(a)(i); S.I. 1996/625, art.2
  355. F250
    Words in s. 53(3)(b)(i) substituted (8.3.1996) by 1994 c. 33, s. 22(2)(a)(ii); S.I. 1996/625, art. 2
  356. F251
    S. 53(3A)(3B) inserted (8.3.1996) by 1994 c. 33, s. 22(2)(b); S.I. 1996/625, art.2
  357. F252
    S. 54 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  358. I51
    S. 55 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)
  359. I52
    S. 56 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)
  360. I53
    S. 57 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  361. I54
    S. 58 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  362. F253
    Word in s. 58(1)(a) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3 and to the amendment of art. 3 by S.I. 2002/1493, art. 6)
  363. M18
    1969 c. 54.
  364. M19
    1980 c. 5.
  365. M20
    1933 c. 12.
  366. F254
    Word in s. 58(4)(a) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 93(a), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)
  367. M21
    1973 c. 62.
  368. F255
    Words in s. 58(4)(b) inserted (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 3 para. 9(2)
  369. F256
    S. 58(4)(c) and the preceding word “or" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 93(b); S.I. 2001/919, art. 2(f)(ii)
  370. I55
    S. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  371. F257
    Words in s. 59(1)(a) inserted (15.1.2005) by Children Act 2004 (c. 34), ss. 49(4), 67(7)(d)
  372. F258
    S. 59(1)(aa) substituted for s. 59(1)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  373. F259
    S. 59(1A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  374. F260
    Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(a)
  375. F261
    Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(b)
  376. F262
    Words in s. 59(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(3)
  377. F263
    Words in s. 59(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(4)
  378. F264
    Words in s. 59(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(5)
  379. F265
    S. 59(7) added (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(6)
  380. F266
    S. 60 sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(9)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  381. I56
    S. 60 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  382. F267
    S. 60(1)(2) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  383. F268
    S. 60(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(9)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  384. I57
    S. 61 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  385. C36
    S. 61: power to apply conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(3)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)
  386. C37
    S. 61(2)(a) applied (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(a)
    S. 61(2)(a) applied (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(a)
  387. C38
    S. 61(2)(b)-(d)(3)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E) by 2002 c. 38, ss. 53(3)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)
  388. C39
    S. 61(2)(b) excluded (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(b)
    S. 61(2)(b) excluded (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(b)
  389. C40
    S. 61(2)(c) applied (with modifications) (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(c)
    S. 61(2)(c) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(c)
  390. I58
    S. 62 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  391. F269
    Words in s. 62(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 24
  392. F270
    Words in s. 62(6)(c) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(10)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  393. F271
    Words in s. 62(6)(c) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(2)
  394. F272
    S. 62(10) inserted (1.4.2002 for E. and 1.2.2003 for W.) by 2000 c. 14, ss. 105(5), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  395. M22
    1992 c. 13.
  396. F273
    S. 63 sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(11)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  397. I59
    S. 63 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  398. F274
    S. 63(1)-(10) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  399. F275
    Word in s. 63(11) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(11)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  400. F276
    Words in s. 63(12) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(11)(c); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  401. I60
    S. 64 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  402. F277
    Word in s. 64(1)(4) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(12); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  403. I61
    S. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  404. C41
    S. 65: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)
  405. F278
    Words in s. 65(1)(a)(b)(2)(a)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(a); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  406. F279
    Words in s. 65(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(b); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  407. F280
    S. 65(3)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(c); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  408. F281
    Words in s. 65(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 72
  409. F282
    S. 65(6) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(d); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  410. F283
    Words in s. 65(6)(a) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 12; S.I. 2007/935, art. 5(gg)
  411. F284
    S. 65A inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(14); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provision in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  412. F285
    Words in s. 65A(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 73
  413. I62
    S. 66 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  414. F286
    Words in s. 66(1)(a) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(a); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)
  415. F287
    S. 66(4A) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(b); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)
  416. I63
    S. 67 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  417. F288
    Words in s. 67(1) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(2)(a); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)
  418. F289
    Words in s. 67(1) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(2)(b); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)
  419. F290
    Words in s. 67(1) substituted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(2)(c); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)
  420. C42
    S. 67(2)-(6): power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47
  421. F291
    S. 67(2A) inserted (1.4.2005 for specified purposes and otherwise 1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(3); S.I. 2005/394, art. 2(2)(d)(3)(a); S.I. 2006/885, art. 2(2)(b)
  422. F292
    Words in s. 67(3) substituted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(4); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)
  423. F293
    Words in s. 67(5) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(5)(a); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)
  424. F294
    Words in s. 67(5) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(5)(b); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)
  425. F295
    S. 67(6) inserted (1.4.2005 for specified purposes and otherwise 1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(6); S.I. 2005/394, art. 2(2)(d)(3)(a); S.I. 2006/885, art. 2(2)(b)
  426. I64
    S. 68 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  427. C43
    S. 68: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47
  428. F296
    Words in s. 68(2)(d) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, Sch. 32 Pt. 1 para. 60(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(24), 44(4)(j) (subject to transitional provisions and savings in Sch. 2)
  429. F297
    S. 68(2A) inserted (4.4.2005) by Criminal Justice Act 2003 (c.44), s. 304, Sch. 32 Pt. 1 para. 60(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to transitional provisions and savings in Sch. 2)
  430. F298
    S. 68(3A) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 12 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
  431. I65
    S. 69 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  432. C44
    S. 69: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47
  433. I66
    S. 70 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  434. C45
    S. 70: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47
  435. M23
    1980 c. 43.
  436. C46
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  437. F299
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  438. C47
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  439. F300
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  440. C48
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  441. F301
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  442. C49
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  443. F302
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)
  444. C50
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  445. F303
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  446. C51
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  447. F304
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  448. C52
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  449. F305
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  450. C53
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  451. F306
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  452. C54
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  453. F307
    Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  454. F308
    Pt. X (ss. 71-79) repealed (S.)(1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)
  455. C55
    Pt. X and Sch. 9: By 2000 c. 14, ss. 79(5), 122 it is provided (2.7.2001 (E.) and 1.4.2002 (W.)) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  456. C56
    Pt. XA applied (1.9.2003) (E.) by The Day Care (Application to Schools) (England) Regulations 2003 (S.I. 2003/1992), reg. 3 (subject to reg. 4)
  457. F309
    Pt. XA (ss. 79A-79X) inserted by 2000 c. 14, ss. 79(1), 122 (the insertion coming into force at 16.3.2001 for specified purposes for E., at 1.7.2001 for specified purposes for W., at 2.7.2001 for specified purposes for E., at 1.4.2002 for specified purposes for E., at 1.4.2002 otherwise for W., at 2.9.2002 for specified purposes for E., and otherwise prosp.) by: S.I. 2001/1210, art. 2; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2; S.I. 2002/2215, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3))
  458. F310
    Pt. XA heading: words repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 5, Sch. 3; S.I. 2008/ 2261, {art. 2} (with art. 3, Sch. 1 and art. 4 Sch. 2)
  459. F311
    Pt. XA repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)
  460. F312
    S. 80 repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), 81(2), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  461. I67
    S. 80 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)
  462. F313
    Word in s. 80(1)(a)(5)(c) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(16)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  463. F314
    Words in s. 80(1)(c) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(9)(a)
  464. F315
    Words in s. 80(1)(d), substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(a)(with Sch. 2 para. 6)
  465. F316
    Words in s. 80(1)(d)(5)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(g)}
  466. F317
    Words in s. 80(1)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 80(a); S.I. 2004/759, art. 2
  467. F318
    S. 80(1)(e)(f) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 65, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 3(l); S.I. 2005/3112, art. 2(g)
  468. F319
    S. 80(1)(i) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(a), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
  469. F320
    S. 80(1)(j) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(16)(c); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  470. F321
    Words in s. 80(1)(l) substituted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(2), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)
  471. F322
    Word in s. 80(4)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  472. F323
    Words in s. 80(5)(d) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))
  473. F324
    S. 80(5)(da)(db) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))
  474. M24
    1992 c. 13.
  475. F325
    S. 80(5)(dc) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), arts. 1, 2(1), Sch. 1 para. 89(a)
  476. F326
    Words in s. 80(5)(e) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(9)(b)(i), Sch. 3 Pt. 2
  477. F327
    Words in s. 80(5)(e) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(b)(with Sch. 2, para. 6)
  478. F328
    Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(4)(b)
  479. F329
    Words in s. 80(5)(e) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 80(b); S.I. 2004/759, art. 2
  480. F330
    S. 80(5)(f) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(9)(b)(ii), Sch. 3 Pt. 2
  481. F331
    Words in s. 80(5)(g) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(9)(b)(iii)
  482. F332
    Words in s. 80(5)(g) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(9)(b)(iii), Sch. 3 Pt. 2
  483. F333
    S. 80(5)(h)(hh) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
  484. F334
    S. 80(5)(j) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))
  485. F335
    S. 80(13) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(4), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))
  486. M25
    1992 c. 13.
  487. M26
    1992 c. 13.
  488. F336
    Words in s. 80(13) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), arts. 1, 2(1), Sch. 1 para. 89(b)
  489. F337
    S. 81 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48(1), 49(2), Sch. 2 para. 12, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
  490. I68
    S. 82 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  491. F338
    Words in s. 82(6) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(18); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  492. I69
    S. 83 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  493. F339
    S. 83(1)(aa) inserted (12.2.2009 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 33(2), 44; S.I. 2009/268, art. 3(1)(e); S.I. 2010/1329, art. 2(n)
  494. F340
    Words in s. 83(1)(c)(2)(c)(3)(a)(ii) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(19); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(b) (with art. 3(4)-(10) (subject to transitional provisions in Schs. 1-3)
  495. F341
    S. 83(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 54; S.I. 2005/394, art. 2(1)(h); S.I. 2006/885, art. 2(2)(e)
  496. M27
    1983 c. 20.
  497. F342
    S. 83(9)(ca)-(cc) inserted (12.2.2009 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 33(5), 44; S.I. 2009/268, art. 3(1)(e); S.I. 2010/1329, art. 2(n)
  498. F343
    S. 83(9)(d) repealed (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 16, Sch. 3
  499. I70
    S. 84 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  500. I71
    S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  501. F344
    Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)
  502. F345
    Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)
  503. F346
    Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)
  504. F347
    Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)
  505. F348
    Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)
  506. F349
    S. 85(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(b)
  507. F350
    S. 85(3A) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(3), 44; S.I. 2010/2981, art. 2(a)
  508. F351
    Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(a), 44; S.I. 2010/2981, art. 2(a)
  509. F352
    Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(b), 44; S.I. 2010/2981, art. 2(a)
  510. F353
    S. 85(5) added (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(5), 44; S.I. 2010/2981, art. 2(a)
  511. F354
    S. 86: sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  512. I72
    S. 86 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  513. F355
    Words in s. 86(1)(5) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  514. F356
    Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(a), 44; S.I. 2010/2981, {art. (2(a)}
  515. F357
    Words in s. 86(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(b), 44; S.I. 2010/2981, {art. (2(a)}
  516. F358
    Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(c), 44; S.I. 2010/2981, {art. (2(a)}
  517. F359
    Words in s. 86(2) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(a), 44; S.I. 2010/2981, {art. (2(a)}
  518. F360
    Words in s. 86(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(b), 44; S.I. 2010/2981, {art. (2(a)}
  519. F361
    Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(a), 44; S.I. 2010/2981, {art. (2(a)}
  520. F362
    Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(b), 44; S.I. 2010/2981, {art. (2(a)}
  521. F363
    Words in s. 86(3)(a) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(c), 44; S.I. 2010/2981, {art. (2(a)}
  522. F364
    Words in s. 86(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(10), 44; S.I. 2010/2981, {art. (2(a)}
  523. F365
    S. 87: sidenote substituted (1.4.2002 for E.) by 2000 c. 14, s. 116, Sch. 4 para. 14(21); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6)
  524. I73
    S. 87 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  525. C57
    S. 87: transfer of functions (1.4.2004 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 110; S.I. 2004/759, art. 4(2)(a)
    S. 87: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)
  526. F366
    S. 87(1)-(5) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(2), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  527. F367
    Words in s, 87(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(2)(a); S.I. 2007/935, art. 5(gg)
  528. F368
    Words in s. 87(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(2)(b); S.I. 2007/935, art. 5(gg)
  529. F369
    Words in s. 87(4)(4A)(10) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(11)
  530. F370
    Words in s. 87(4A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(3); S.I. 2007/935, art. 5(gg)
  531. F371
    Words in s. 87(6) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(3), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  532. F372
    S. 87(9A)-(9C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 111; S.I. 2004/759, art. 7; S.I. 2004/873, art. 2(e)
  533. F373
    Words in s. 87(9A) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)
  534. F374
    Words in s. 87(9A) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)
  535. F375
    Words in s. 87(9B) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)
  536. F376
    Words in s. 87(9C) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)
  537. F377
    S. 87(10)(11)(12) substituted for s. 87(10) (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(4), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  538. M28
    1992 c. 13.
  539. F378
    Words in s. 87(10) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(a); S.I. 2007/935, art. 5(gg)
  540. F379
    S. 87(10): definition of "the Chief Inspector for England" inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(b); S.I. 2007/935, art. 5(gg)
  541. F380
    S. 87(10): definition of "the Commission" repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 16(5)(c), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
  542. M29
    1996 c. 56.
  543. F381
    Words in s. 87(10) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 2(1) {Sch. 1 para. 90(a)}
  544. F382
    Words in s. 87(11)(c) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 2(1) {Sch. 1 para. 90(b)}
  545. F383
    S. 87A substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(1), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  546. C58
    S. 87A: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)
  547. F384
    Ss. 87A, 87B inserted (1.1.1996) by 1995 c. 40, s. 38: S.I. 1995/2835, art. 2
  548. C59
    S. 87B: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)
  549. F385
    Words in s. 87B(2) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  550. F386
    S. 87B(2)(a)(b)(c) substituted for the words "to the Secretary of State" in s. 87B(2) (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  551. F387
    Words in s. 87B(2) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(12)
  552. F388
    Words in s. 87B(2)(3)(a)(b) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  553. F389
    S. 87B(4) substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)
  554. F390
    S. 87C inserted (1.7.2001 (W.) and 20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force) by 2000 c. 14, s. 107; S.I. 2001/2190, art. 2, Sch.; S.I. 2001/3852, art. 3(3)(d)(ii)(7)(h)(subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))
  555. C60
    S. 87C: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)
  556. F391
    S. 87D inserted (1.7.2001 (W.) and 20.11.2001 for specified purposes otherwise 1.4.2002 (E.)) by 2000 c. 14, s. 108; S.I. 2001/2090, art. 2(1), Sch.; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))
  557. C61
    S. 87D: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)
  558. F392
    S. 86A inserted (1.1.2010 for certain purposes and 1.4.2011 otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 18, 44; S.I. 2009/3354, art. 2; S.I. 2010/2981, art. 2(b)
  559. I74
    S. 88(1) in force at 1.5.1991 so far as it relates to Sch. 10 para. 21; s. 88 wholly in force 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3
  560. F393
    S. 88(1) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 67, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  561. F394
    S. 89 repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)
  562. I75
    S. 90 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  563. M30
    1969 c. 54.
  564. F395
    Words in s. 90(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40 (2)(r); S.I. 1992/333, art. 2(2), Sch.2.
  565. I76
    S. 91 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  566. F396
    S. 91(2A) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 9; S.I. 2008/2870, art. 2(2)(e)
  567. F397
    Words in s. 91(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 90 (with Sch. 39, paras. 30, 39)
  568. F398
    S. 91(5A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  569. F399
    Words in s. 91(7) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(a); S.I. 2009/479, art. 6(1)(e)
  570. F400
    Words in s. 91(7) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  571. F401
    Words in s. 91(8)(a) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(b); S.I. 2009/479, art. 6(1)(e)
  572. F402
    Words in s. 91(8) inserted (30.12.2005) by 2002 c. 38, ss 139, 148, Sch. 3 para. 68(c) (with Sch. 4 paras. 6-8): S.I. 2005/2213, art. 2(o)
  573. F403
    Words in s. 91(10) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(3)(b), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)
  574. I77
    S. 92 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  575. C62
    S. 92(7)–(10) applied by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(9), 39(3), 43(2)
  576. I78
    S. 93 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  577. F404
    S. 93(2)(bb) inserted (7.12.2004) by 2002 c. 38, ss. 122(2), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(l)
  578. I79
    S. 95 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  579. I80
    S. 96 wholly in force at 14.10.1991; s. 96(3)-(7) in force at 16.11.1989 see s. 108(2); s. 96(1)(2) in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  580. F405
    Words in s. 96(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 207; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  581. F406
    Definition in s. 96(7) substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para.16(with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art.2
  582. I81
    S. 97 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  583. F407
    Words in s. 97(1)(2) inserted (30.12.2005) by 2002 c. 38, ss. 101(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)
  584. C63
    S. 97(2) excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. IV para. 18 (with s. 107, Sch. 14 para. 7(2))
  585. F408
    Words in s. 97(2) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(1); S.I. 2005/847, art. 2
  586. F409
    Words in s. 97(2) inserted (27.9.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))
  587. C64
    S. 97(4): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).
  588. F410
    Words in s. 97(4) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)).
  589. F411
    Words in s. 97(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  590. F412
    Words in s. 97(5) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 53
  591. F413
    S. 97(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  592. I82
    S. 98 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  593. F414
    Words in s. 98(1)(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 132; S.I. 2005/3175, art. 2(2) (subject to arts. 2(3)-(5))
  594. F415
    S. 99(1)(2)(4)(5) repealed (1.4.2000) and s. 99(3) repealed (2.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. I (with 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/774, art. 2(c)(i), Sch. (with art. 5); S.I. 2001/916, art. 3(b) (with transitional provisions and savings in Schs. 1, 2)
  595. I83
    S. 100 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  596. M31
    1969 c. 46.
  597. I84
    S. 101 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  598. E4
    S. 101 extends to England and Wales only except for s. 101(1)(b)(2)(5)(a)(i) which also extend to Northern Ireland. See s. 108(11)(12)
  599. M32
    1969 c. 54.
  600. I85
    S. 102 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  601. F416
    Words in s. 102(3) substituted (12.2.2002) by S.I. 2002/253, arts. 1, 54, Sch. 5 para. 10(c) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)
  602. F417
    S. 102(3A) inserted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 4(c)
  603. F418
    Words in s. 102(6)(a) repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  604. F419
    Words in s. 102(6)(a) inserted (1.4.2002 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(22); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10)) (subject to transitional provisions in Schs. 1-3)
  605. F420
    S. 102(6)(c) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 69, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  606. I86
    s. 103 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  607. I87
    S. 104 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  608. F421
    Words in s. 104 inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 19; S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  609. F422
    Words in s. 104(1) substituted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 10(a); S.I. 2008/2870, art. 2(2)(e)
  610. F423
    Words in s. 104(1) repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  611. F424
    Word in s. 104(2) inserted (1.12.2003) by 2002 c. 38, ss. 111(6)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  612. F425
    Words in s. 104(2) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 30(a); S.I. 2009/479, art. 6(1)(e)
  613. F426
    Words in s. 104(2) inserted (E.W.) (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(2)
  614. F427
    S. 104(2A) inserted (8.12.2008 for S.) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 10(b) and omitted (E.W.) (13.11.2008) by Children and young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(3) and repealed (E.W.) (1.4.2011 for E., otherwise prosp.) by s. 42, {Sch. 4} of the same Act; S.I. 2008/2870, art. 2(2)(e); S.I. 2010/2891, art. 4(l)
  615. F428
    S. 104(3A)-(3C) substituted (E.W.) (13.11.2008) for s. 104(3) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(4)
  616. F429
    Words in s. 104(3) inserted (1.12.2003) by 2002 c. 38, ss. 111(6)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  617. F430
    Words in s. 104(3) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 30(b); S.I. 2009/479, art. 6(1)(e)
  618. F431
    Words in s. 104(3A) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 2, Sch. 1 para. 2
  619. F432
    Words in s. 104(4)(c) repealed (E.W.) (13.11.2008) by Children and Young persons Act 2008 (c. 23), ss. 39, 42, 44, {Sch. 3 para. 25(5)}, {Sch. 4}
  620. I88
    S. 105 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  621. F433
    S. 105(1): words in definition of "adoption agency" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  622. M33
    1971 c. 80.
  623. F434
    S. 105(1): definition of "child minder" repealed (1.4.2002 for W. and otherwise (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2002/ 920, art. 3(3)(g) (with arts. 3(5)-(10))
  624. F435
    S. 105(1): definition of "child of the family" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(3); S.I. 2005/3175, art. 2(1), Sch. 1
  625. F436
    S. 105(1): words in the definition of "day care" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(i), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
  626. F437
    Definition of "district health authority" in s. 105(1) repealed (1.4.1996) by 1995 c. 17, ss.2(1), 5(1)(2), Schs. 1, para. 118(10)(a), 3(with Sch. 2 paras. 6, 16)
  627. F438
    Definition in s. 105(1) inserted (1.10.1997) by 1996, c. 27, s. 52, Sch. 6 para. 5(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3
  628. F439
    S. 105(1): definition of "education functions" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(13)(a)
  629. F440
    S. 105(1): definition of "enforcement order" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 15, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)
  630. F441
    S. 105: definition of "health authority" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(a)
  631. F442
    S. 105: words in definition of "health service hospital" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(b)
  632. F443
    S. 105(1): words in the definition of "hospital" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(ii), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
  633. M34
    1983 c. 20.
  634. F444
    Definition of "income-based jobseeker's allowance" in s. 105 inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(4); S.I. 1996/2208, art. 2(b)
  635. F445
    S. 105(1): definition of "income-related employment and support allowance" inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(5); S.I. 2008/787, art. 2(4)(f)
  636. F446
    S. 105(1): definition of "independent hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(3)
  637. F447
    Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 91(with Sch. 39, paras. 30, 39)
  638. F448
    Words in s. 105(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), s. 66(8), Sch. 10 para. 13, Sch. 18(with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2
  639. F449
    Words in definition of "local authority" in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 13 (with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2
  640. M35
    1968 c. 49.
  641. F450
    S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(4); S.I. 2010/2891, art. 4(a)
  642. F451
    S. 105(1): definition of "local education authority" repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(13)(b), Sch. 3 Pt. 2
  643. F452
    S. 105: definition of "Local Health Board" inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(3)
  644. M36
    1985 c. 68.
  645. F453
    S. 105(1): definition of "mental nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6);S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  646. M37
    1984 c. 23.
  647. F454
    S. 105(1): definition of "nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  648. F455
    S. 105(1): definition of "officer of the Service" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 95; S.I. 2001/919, art. 2(f)(ii)
  649. F456
    S. 105(1): words in definition of "parental responsibility agreement" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  650. F457
    S. 105(1): word in the definition of "parental responsibility agreement" inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 31; S.I. 2009/479, art. 6(1)(e)
  651. F458
    S. 105(1): definition of "private children's home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(vii); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  652. F459
    S. 105(1): definition of "protected child" repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(d), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  653. F460
    S. 105(1): definition of "registered children's home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  654. F461
    S. 105(1): words in definition of "relative" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(4); S.I. 2005/3175, art. 2(1), Sch. 1
  655. F462
    S. 105(1): definition of "residential care home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  656. F463
    Words in s. 105(1) inserted (1.4.1993) by Registered Homes Act 1991 (c. 20, SIF 113:3), s. 2(6); S.I. 1992/2240, art. 2.
  657. M38
    1980 c. 44.
  658. F464
    S. 105(1): definition of "section 31A plan" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(b) (with Sch. 4 paras 6-8); S.I. 2005/2213, art. 2(o)
  659. F465
    Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 91(with Sch. 39, paras. 30, 39)
  660. F466
    S. 105(1): definition of "special guardian" and "special guardianship order" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(e) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  661. F467
    Definition of "special health authority" in s. 105(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(10)(c)(with Sch. 2 para. 6)
  662. F468
    S. 105: words in definition of "Special Health Authority" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(d)
  663. F469
    S. 105(1): definition of "Welsh family proceedings officer" inserted (1.4.2005) by Children Act 2004, (c. 31), s. 40, {Sch. 3 para. 11}; S.I. 2005/700, art. 2(2)
  664. M39
    1987 c. 42.
  665. F470
    Words in s. 105(5) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 22; S.I. 2000/2849, art. 2(f)
  666. F471
    S. 105(5A) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
  667. F472
    S. 105(5B) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 15(2)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
  668. F473
    Words in s. 105(6)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 36(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)(u)(xi)
  669. F474
    S. 105(6)(ba) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 36(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
  670. M40
    1978 c. 30.
  671. I89
    S. 106 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  672. I90
    S. 107 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  673. E5
    S. 108 extends to England and Wales, except s. 108(1)(3)(8)(9) which extend to the United Kingdom. See s. 108(11)(12).
  674. F475
    Words in s. 108(11) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  675. M41
    1891 c. 3.
  676. M42
    1948 c. 53.
  677. M43
    1963 c. 37.
  678. M44
    1968 c. 46.
  679. M45
    1968 c. 49.
  680. M46
    1978 c. 28.
  681. M47
    1980 c. 5.
  682. M48
    1984 c. 56.
  683. M49
    1985 c. 60.
  684. M50
    1986 c. 55.
  685. F476
    Word in s. 108(12) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 25, Sch. 20; S.I. 1991/1883, art. 3, Sch.
  686. M51
    1971 c. 3.
  687. M52
    1975 c. 72
  688. I91
    Sch. 1 para. 1 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  689. F477
    Words in Sch. 1 para. 1(1) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(a)(i) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  690. F478
    Words in Sch. 1 para. 1(6) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(a)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  691. F479
    Sch. 1 para. 1(7) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 10(2); S.I. 1991/1883, art. 3, Sch.
  692. I92
    Sch. 1 para. 2 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  693. F480
    Sch. 1 para. 2(6)(b) repealed (25.7.1991) by Child Support Act 1991 (c. 48, SIF 20), s. 58(2)(14) (with saving in s. 9(2))
  694. M53
    1973 c. 18.
  695. M54
    1978 c. 22.
  696. F481
    Sch. 1 para. 2(6)(e)(f) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 78(2); S.I. 2005/3175, art. 2(1), Sch. 1
  697. I93
    Sch. 1 para. 3 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  698. F482
    Words in Sch. 1 para. 3(1) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 10
  699. F483
    Sch. 1 para. 3(5)-(8) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 11
  700. F484
    Words in Sch. 1 para. 3(5)(a)(7)(8)(a) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(a) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  701. F485
    Words in Sch. 1 para. 3(5)(a)(b)(ii)(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(b) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  702. M55
    1991 c.48.
  703. F486
    Words in Sch. 1 para. 3(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(c) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  704. F487
    Words in Sch. 1 para. 3(6)(b) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(2)(d) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  705. F488
    Words in Sch. 1 para. 3(7)(a) repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  706. F489
    Words in Sch. 1 para. 3(7)(b) repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  707. F490
    Words in Sch. 1 para. 3(7) repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, 8, Sch.
  708. F491
    Sch. 1 para. 3(8)(b) and word repealed (3.3.2003 for specified purposes) by 2000 c. 19, ss. 85, 86(1), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  709. I94
    Sch. 1 para. 4 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  710. F492
    Sch. 1 para. 4(5) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 32(2); S.I. 2009/479, art. 6(1)(e)
  711. I95
    Sch. 1 para. 5 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  712. F493
    Sch. 1 para. 5(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 209(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
  713. I96
    Sch. 1 para. 6 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  714. F494
    Words in Sch. 1 para. 6(3) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 12
  715. F495
    Words in Sch. 1 para. 6(8) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  716. F496
    Sch. 1 para. 6(9) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 13
  717. F497
    Words in Sch. 1 para. 6(9)(c) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(3)(b) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  718. F498
    Words in Sch. 1 para. 6(9) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(3)(a) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  719. C65
    Sch. 1 para. 6A excluded by 1972 c. 18, s. 34A(1) (as inserted (1.4.1992) by 1991 c. 17, Sch. 1 para. 19(2); S.I. 1992/455, art. 2)
  720. F499
    Sch. 1 para. 6A inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 6; S.I. 1992/455, art. 2
  721. I97
    Sch. 1 para. 7 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  722. I98
    Sch. 1 para. 8 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  723. F500
    Words in Sch. 1 para. 8(1)(2)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 71(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  724. I99
    Sch. 1 para. 9 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  725. F501
    Words in Sch. 1 para. 9(2) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.14
  726. I100
    Sch. 1 para 10 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  727. F502
    Sch. 1 para. 10(8) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 32(3); S.I. 2009/479, art. 6(1)(e)
  728. I101
    Sch. 1 para 11 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  729. I102
    Sch. 1 para. 12 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  730. I103
    Sch. 1 para. 13 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  731. I104
    Sch. 1 para. 15 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  732. F503
    Words in Sch. 1 para. 15(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 78(3); S.I. 2005/3175, art. 2(1), Sch. 1
  733. I105
    Sch. 1 para. 16 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  734. F504
    Sch. 1 para. 16(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 78(4); S.I. 2005/3175, art. 2(1), Sch. 1
  735. F505
    Sch. 1 para. 16(3) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 15
  736. F506
    Words in Sch. 1 para. 16(3) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(4) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch.
  737. I106
    Sch. 2 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  738. F507
    Words in Sch. 2 Pt. I para. 1(2)(a)(i) substituted (1.10.2001) by 2000 c. 35, s. 7(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  739. F508
    Sch. 2 para. 1A repealed (1.3.2005 for E. and 31.7.2008 for W.) by Children Act 2004 (c. 31), s. 64, Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2008/1904, art. 2(b)
  740. F509
    Sch. 2 para. 1A and cross heading inserted (1.4.1996) by S.I. 1996/785, art. 2
  741. I107
    Sch. 2 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  742. I108
    Sch. 2 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  743. M56
    1970 c. 44.
  744. F510
    Words in Sch. 2 para. 3(b) substituted (1.11.1996) by 1996 c. 56, ss. 1(4), 582(1), 583(2), Sch. 37, para. 92
  745. M57
    1986 c. 33.
  746. I109
    Sch. 2 Pt. I para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  747. I110
    Sch. 2 Pt. I para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  748. I111
    Sch. 2 Pt. I para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  749. F511
    Sch. 2 para. 6(1): Sch. 2 para. 6 renumbered as Sch. 2 para. 6(1) (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 25(2), 44(4); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)
  750. F512
    Word in Sch. 2 para. 6(1) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 4; S.I. 2010/2981, art. 4(l); S.I. 2012/1553, art. 2(e)
  751. F513
    Sch. 2 para. 6(1)(c) and word inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 25(3), 44(4); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)
  752. F514
    Sch. 2 para. 6(2) inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. in so far as not already in force, 19.6.2012 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 25(4), 44(4); S.I. 2009/2273, art. 2(2)(h); S.I. 2010/1329, art. 2(j); S.I. 2010/2981, art. 4(j); S.I. 2012/1553, art. 2(d)
  753. I112
    Sch. 2 Pt. I para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  754. I113
    Sch. 2 Pt. I para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  755. I114
    Sch. 2 Pt. I para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  756. I115
    Sch. 2 Pt. I para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  757. I116
    Sch. 2 Pt. I para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  758. I117
    Sch. 2 Part I wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  759. F515
    Sch. 2 para. 8A and cross-heading inserted (28.3.2011 for W., 1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 19, 44; S.I. 2010/2981, art. 4(f); S.I. 2011/949, art. 3(1)(b)
  760. I118
    Sch. 2 Pt. II para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  761. C66
    Sch. 2 para. 12 modified (temp.) (12.2.2009 for E. and 31.3.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(3), 44, Sch. 2 para. 1; S.I. 2009/268, art. 3(1)(b); S.I. 2010/749, art. 2(a)
  762. F516
    Sch. 2 paras. 12A-12G substituted (prosp.) for Sch. 2 paras. 12-14 by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4
  763. I119
    Sch. 2 Pt. II para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  764. F517
    Sch. 2 paras. 12A-12G substituted (prosp.) for Sch. 2 paras. 12-14 by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4
  765. I120
    Sch. 2 Pt. II para. 14 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  766. F518
    Sch. 2 paras. 12A-12G substituted (prosp.) for Sch. 2 paras. 12-14 by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4
  767. F519
    Sch. 2 para. 14(d) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 26; S.I. 1991/1883, art. 3,Sch.
  768. I121
    Sch. 2 Pt. II para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  769. C67
    Sch. 2 para. 15: power to apply with modifications or exclude conferred (7.2.2004 (W.) and 7.12.2004 (E.)) by 2002 c. 38, ss. 53(1)(2), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2(1)(h); S.I. 2004/252, art. 2
  770. C68
    Sch. 2 para. 15 excluded (30.12.2005) by: The Adoption Agencies Regulations 2005 (S.I. 2005/389), reg. 45(2)(d); The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), reg. 46(2)(d)
  771. I122
    Sch. 2 Pt. II para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  772. I123
    Sch. 2 Pt. II para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  773. I124
    Sch. 2 Pt. II para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  774. F520
    Words in Sch. 2 para. 19(4) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 72(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  775. F521
    Words in Sch. 2 para. 19(6) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 72 (b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  776. F522
    Sch. 2 para. 19(9) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 72(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  777. F523
    Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  778. F524
    Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  779. C69
    Sch. 2 pt. II para. 19B(2) restricted (W.) (1.10.2001) by S.I. 2001/2189, reg. 3(2)
  780. F525
    Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  781. F526
    Sch. 2 Pt. II paras. 19A-19C and preceding cross-headings inserted (1.10.2001) by 2000 c. 35, s. 1; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  782. I125
    Sch. 2 Pt. II para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  783. F527
    Sch. 2 paras. 12A-12G substituted for Sch. 2 paras. 12-14 (1.9.2009 for E., 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4; S.I. 2009/2273, art. 2(2)(b), S.I. 2010/1329, art. 2(b)
  784. I126
    Sch. 2 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  785. C70
    Sch. 2 para. 21: power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(2)(b), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)
  786. C71
    Sch. 2 para. 21 excluded (30.12.2005) by: The Adoption Agencies Regulations 2005 (S.I. 2005/389), reg. 45(2)(d); The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), reg. 46(2)(d)
  787. F528
    Words in Sch. 2 para. 21(4) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional savings and provisions in arts. 3 and 4)
  788. F529
    Words in Sch. 2 Pt. III para. 21(4) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(c)
  789. F530
    Words in Sch. 2 para. 21(4) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional provisions and savings in arts. 3 and 4)
  790. F531
    Words in Sch. 2 para. 21(4) added (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(5); S.I. 1996/2208, art. 2
  791. F532
    Words in Sch. 2 para. 21(4) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(6); S.I. 2008/787, art. 2(4)(f)
  792. F533
    Words in Sch. 2 Pt. III para. 21(7)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 130
  793. I127
    Sch. 2 Pt. III para. 22 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  794. I128
    Sch. 2 Pt. III para. 23 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  795. I129
    Sch. 2 Pt. III para. 24 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  796. M58
    1968 c. 49.
  797. F534
    Words in Sch. 2 para. 24(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 190(1), Sch. 8 para. 340; S.I. 2005/910, art. 3(y)
  798. I130
    Sch. 2 Pt. III para. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  799. C72
    Sch. 2 Pt. III modified (30.12.2005) by 2002 c. 38, ss. 53(4)-(6), 148 (with Sch. 4 paras. 1, 6-8); S.I 2005/2213, {art. 2(c)}
  800. I131
    Sch. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  801. C73
    Sch. 2 modified (temp.) (12.2.2009 for E. and 31.3.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(3), 44, Sch. 2 para. 2; S.I. 2009/268, art. 3(1)(b); S.I. 2010/749, art. 2(a)
  802. I132
    Sch. 3 Pt. I para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  803. I133
    Sch. 3 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  804. I134
    Sch. 3 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  805. I135
    Sch. 3 Pt. I para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  806. F535
    Words in Sch. 3 para. 4(2)(c)(ii) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(24); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  807. I136
    Sch. 3 Pt. I para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  808. M59
    1983 c. 20.
  809. F536
    Words in Sch. 3 para. 5(2)(c) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(24); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  810. I137
    Sch. 3 Pt. II para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  811. M60
    1985 c. 60.
  812. F537
    Sch. 3 para. 7 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 27, Sch. 20; S.I. 1991/1883, art. 3,Sch.
  813. I138
    Sch. 3 Pt. II para. 7 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  814. I139
    Sch. 3 Pt. II para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  815. I140
    Sch. 3 Pt. II para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  816. F538
    Sch. 3 Pt. II para. 9(2)-(5) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 para. 96, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)
  817. I141
    Sch. 3 Pt. II para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  818. I142
    Sch. 3 Pt. II para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  819. I143
    Sch. 3 Pt. II wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  820. I144
    Sch. 3 Pt. III para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  821. I145
    Sch. 3 Pt. III para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  822. F539
    Words in Sch. 3 Pt. III para. 13(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 93(2)(a)(with s. 1(4), Sch. 39 paras. 30, 39)
  823. F540
    Words in Sch. 3 Pt. III para. 13(2)(a)(i) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 93(2)(b)(i)(with s. 1(4), Sch. 39 paras. 30, 39)
  824. F541
    Words in Sch. 3 Pt. III para. 13(2)(b)(i) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 93(2)(b)(ii)(with s. 1(4), Sch. 39 paras. 30, 39)
  825. F542
    Words in Sch. 3 Pt. III para. 13(2)(b)(ii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 para. 93(2)(b)(iii)(with s. 1(4), Sch. 39, paras. 30, 39)
  826. F543
    Words in Sch. 3 Pt. III para. 13(2)(b)(iii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, para. 93(2)(b)(iv)(with s. 1(4), Sch. 39 paras. 30, 39)
  827. F544
    Sch. 3 para. 13(2)(c) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 37(2) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
  828. I146
    Sch. 3 Pt. III para. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  829. F545
    Words in Sch. 3 para. 14(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 37(3)(a) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
  830. F546
    Words in Sch. 3 para. 14(2) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 37(3)(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
  831. I147
    Sch. 3 Pt. III para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  832. I148
    Sch. 3 Pt. III para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  833. I149
    Sch. 3 Pt. III para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  834. F547
    Words in Sch. 3 para. 17(1)(c) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(14)(a)
  835. I150
    Sch. 3 Pt. III para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  836. I151
    Sch. 3 Pt. III para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I 1991/828, art. 3(2)
  837. F548
    Words in Sch. 3 para. 19(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(14)(b)
  838. I152
    Sch. 3 Pt. III para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  839. I153
    Sch. 3 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  840. F549
    Words in Sch. 3 Pt. III para. 21 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 93(3)(with s. 1(4))
  841. I154
    Sch. 4 Pt. I para. 1 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  842. F550
    Word in Sch. 4 para. 1(1)(2)(4)(5)(8)(9) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 28(1), Sch. 20; S.I. 1991/1883,art. 3, Sch.
  843. F551
    Words in Sch. 4 para. 1(6)(b)(i) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 28(2), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  844. I155
    Sch. 4 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  845. I156
    Sch. 4 Pt. II para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  846. F552
    Words in Sch. 4 Pt. II para. 3(4) inserted (8.3.1996) by 1994 c. 33, s. 22(3)(a); S.I. 1996/625, art. 2
  847. F553
    Words in Sch. 4 Pt. II para. 3(5) inserted (8.3.1996) by 1994 c. 33, s. 22(3)(b); S.I. 1996/625, art.2
  848. I157
    Sch. 4 Pt. III para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  849. F554
    Sch. 4 Pt. III para. 4(1)(b)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  850. F555
    Sch. 4 Pt. III para. 4(2)(3) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  851. F556
    Sch. 5 Pt. I para. 1 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  852. F557
    Sch. 5 Pt. I para. 2 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  853. F558
    Sch. 5 Pt. I para. 3 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  854. F559
    Sch. 5 Pt. I para. 4 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  855. F560
    Sch. 5 Pt. I para. 5 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  856. F561
    Sch. 5 Pt. I para. 6 repealed (1.4.2002) by 2000 c. 14, s. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  857. I158
    Sch. 5 Pt. II para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  858. F562
    Words in Sch. 5 para. 7 substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 28
  859. F563
    Sch. 5 Pt. II para. 7(1)(b)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  860. F564
    Sch. 5 Pt. II para. 7(2)-(4) repealed (1.4.2002) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  861. F565
    Sch. 5 Pt. II para. 8 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  862. F566
    Sch. 6 Pt. I para. 1 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  863. F567
    Sch. 6 Pt. I para. 2 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  864. F568
    Sch. 6 Pt. I para. 3 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  865. F569
    Sch. 6 Pt. I para. 4 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  866. F570
    Sch. 6 Pt. I para. 5 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  867. F571
    Sch. 6 Pt. I para. 6 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  868. F572
    Sch. 6 Pt. I para. 7 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  869. F573
    Sch. 6 Pt. I para. 8 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  870. F574
    Sch. 6 Pt. I para. 9 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  871. I159
    Sch. 6 Pt. II para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  872. F575
    Words in Sch. 6 Pt. II para. 10(1)(a) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(25)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  873. F576
    Sch. 6 Pt. II para. 10(1)(b)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  874. F577
    Sch. 6 Pt. II para. 10(2)(a)-(k) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  875. F578
    Sch. 6 Pt. II para. 10(3)(4) repealed (1.4.2002) by 2002 c. 14, s. 117(2), Sch. 6; S.I. 2002/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)
  876. F579
    Sch. 6: words in heading substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(25)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  877. I160
    Sch. 7 para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  878. I161
    Sch. 7 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  879. I162
    Sch. 7 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  880. I163
    Sch. 7 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  881. I164
    Sch. 7 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  882. F580
    Words in Sch. 7 para. 5(1) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(26); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  883. I165
    Sch. 7 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  884. I166
    Sch. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  885. I167
    Sch. 8 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  886. F581
    Sch. 8 para. 2(1)(b) repealed (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(a), Sch. 6; S.I. 2001/4150, art. 3(3)(a)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d)(g) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
  887. F582
    Sch. 8 para. 2(1)(f) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(28); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
  888. F583
    Words in Sch. 8 para. 2(2) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
  889. I168
    Sch. 8 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  890. F584
    Sch. 8 para. 3(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 38 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
  891. I169
    Sch. 8 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  892. M61
    1983 c. 20.
  893. I170
    Sch. 8 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  894. C74
    Sch. 8 para. 5 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4 (with Sch. 1)
  895. F585
    Sch. 8 para. 5(a)-(c) and preceding words substituted (30.12.2005) for Sch. 8 para. 5(a)(b) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 73 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  896. F586
    Words in Sch. 8 para. 5 inserted (2.8.2007) by Children and Adoption Act 2006 (c. 20), ss. 14(3), 17; S.I. 2007/2287, art. 2(1)(c)
  897. I171
    Sch. 8 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  898. C75
    Sch. 8 para. 6: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47
  899. I172
    Sch. 8 para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  900. C76
    Sch. 8 para. 7: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47
  901. F587
    Sch. 8 para. 7A inserted (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(7); S.I. 2005/394, art. 2(2)(d); S.I. 2006/885, art. 2(2)(b)
  902. I173
    Sch. 8 para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  903. C77
    Sch. 8 para. 8: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47
  904. I174
    Sch. 8 para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  905. C78
    Sch. 8 para. 9: power to amend conferred (15.1.2005) by the Children Act 2004 (c. 31), ss. 45-47
  906. F588
    Words in Sch. 8 para. 9(1) repealed (1.4.2002) by 2000 c. 14, ss. 110, 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(c)(g) (with art 3(5)-(10) and transitional provisions in Schs. 1-3)
  907. F589
    Words in Sch. 8 para. 9(1)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
  908. F590
    Words in Sch. 8 para. 9(1) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
  909. I175
    Sch. 10 para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  910. I176
    Sch. 8 para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  911. M62
    1774 c. 48.
  912. F591
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  913. C79
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  914. F592
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  915. C80
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  916. F593
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  917. C81
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  918. F594
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  919. C82
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  920. C83
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  921. F595
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  922. C84
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  923. F596
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  924. C85
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  925. F597
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  926. C86
    Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  927. F598
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(I) (subject to arts. 3-13)
  928. F599
    Sch. 9 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  929. C87
    Pt. X and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.)) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  930. F600
    Sch. 9A: words in heading inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(2); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  931. F601
    Sch. 9A repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)
  932. F602
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  933. F603
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  934. F604
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  935. F605
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  936. F606
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  937. F607
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  938. F608
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  939. F609
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  940. F610
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  941. F611
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  942. F612
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  943. F613
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  944. F614
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  945. F615
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  946. F616
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  947. F617
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  948. F618
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  949. F619
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  950. F620
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  951. F621
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  952. F622
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  953. F623
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  954. F624
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  955. F625
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  956. F626
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  957. F627
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  958. F628
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  959. F629
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  960. F630
    Sch. 10 para. 29 repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 para. 97, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)
  961. F631
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  962. F632
    Sch. 10 Pt. I repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 74, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  963. I177
    Sch. 11 Pt. II para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  964. I178
    Sch. 11 Pt. II para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  965. F633
    Word in Sch. 11 para. 6(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 60(2)(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)
  966. F634
    Sch. 11 Pt. II para. 7 repealed (19.6.1997) by 1997 c. 25, ss. 73(1)(3), 74(1), Sch. 4 Pt. II, para. 7(2)(f)(ii), Sch. 6, Pt.I
  967. I179
    Sch. 11 Pt. II para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  968. F635
    Sch. 11 para. 8(d)-(g) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(3), Sch. 10; S.I. 2005/910, art. 3(aa)
  969. I180
    Sch. 11 Pt. II para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  970. F636
    Sch. 11 para. 9: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
  971. F637
    Sch. 11 para. 9 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
  972. I181
    Sch. 11 Pt. II para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828 art. 3(2))
  973. I182
    Sch. 11 Pt. II para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  974. C88
    Sch. 11 applied (6.4.2007) by Childcare Act 2006 (c. 21), ss. 79(4), 109; S.I. 2007/1019, art. 4
  975. C89
    Sch. 11 applied by Childcare Act 2006 (c. 21), s. 98F(5) (as inserted (12.1.2010) by 2009 c. 22, ss. 199, 269(2)(b))
  976. C90
    Sch. 11 applied (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 43(4), 75; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)
  977. I183
    Sch. Pt. para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  978. I184
    Sch. 12 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  979. I185
    Sch. 12 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  980. F638
    Sch. 12 para. 4 omitted (1.10.1993) by virtue of 1993 c. 35, s. 307(1), Sch. 19 para. 154 and repealed (1.4.1994) by s. 307(3), Sch. 21 Pt.I of the same 1993 Act; S.I. 1993/1975, art. 9, Sch. 1; S.I. 1993/3106, art. 4, Sch.1
  981. I186
    Sch. 12 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  982. I187
    Sch. 12 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  983. I188
    Sch. 12 para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  984. F639
    Sch. 12 para. 8 repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))
  985. I189
    Sch. 12 para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  986. F640
    Sch. 12 para. 10 repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch.3; S. I. 1991/2719, art. 2,Sch (with art. 3(1))
  987. I190
    Sch. 12 para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  988. F641
    Sch. 12 paras. 11-14 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 140, 141, Sch. 7; S.I. 2004/874, art. 2
  989. I191
    Sch. 12 para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  990. F642
    Sch. 12 paras. 11-14 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 140, 141, Sch. 7; S.I. 2004/874, art. 2
  991. I192
    Sch. 12 para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  992. F643
    Sch. 12 paras. 11-14 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 140, 141, Sch. 7; S.I. 2004/874, art. 2
  993. I193
    Sch. 12 para. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  994. F644
    Sch. 12 paras. 11-14 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 140, 141, Sch. 7; S.I. 2004/874, art. 2
  995. I194
    Sch. 12 para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  996. I195
    Sch. 12 para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  997. F645
    Sch. 12 para. 16 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 140, 141, Sch. 7; S.I. 2004/874, art. 2
  998. I196
    Sch. 12 para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  999. F646
    Sch. 12 para. 18 repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))
  1000. I197
    Sch. 12 para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1001. I198
    Sch. 12 para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1002. F647
    Sch. 12 para. 21 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2.
  1003. F648
    Sch. 12 para. 22 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
  1004. F649
    Sch. 12 para. 23 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
  1005. F650
    Sch. 12 para. 24 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2.
  1006. F651
    Sch. 12 para. 25 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 31, Sch. 20; S.I. 1991/1883, art. 3, Sch.
  1007. I199
    Sch. 12 para. 25 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1008. I200
    Sch. 12 para. 26 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1009. I201
    Sch. 12 para. 27 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1010. I202
    Sch. 12 para. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1011. I203
    Sch. 12 para. 29 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1012. F652
    Sch. 12 para. 29(b) and the preceding “and" repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
  1013. E6
    Sch. 12 para. 30(a) extends to Scotland see s. 108(11)
  1014. I204
    Sch. 12 para. 30 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1015. I205
    Sch. 12 para. 32 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1016. I206
    Sch. 12 para. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1017. F653
    Sch. 12 para. 34 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)
  1018. M63
    1987 c. 42.
  1019. F654
    Sch. 12 para. 36 repealed(1.9.1994) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 154, Sch. 21 Pt. I; S.I. 1994/2038, art. 3, Sch. 2, Appendix
  1020. I207
    Sch. 12 para. 37 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1021. I208
    Sch. 12 para. 38 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1022. I209
    Sch. 12 para. 39 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1023. I210
    Sch. 12 para. 40 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1024. I211
    Sch. 12 para. 41 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1025. I212
    Sch. 12 para. 42 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1026. I213
    Sch. 12 para. 43 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1027. I214
    Sch. 12 para. 44 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1028. F655
    Sch. 12 para. 45 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/774, art. 2(c)(i), Sch.
  1029. I215
    Sch. 13 para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1030. I216
    Sch. 13 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1031. I217
    Sch. 13 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1032. F656
    Sch. 13 para. 4 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 155, Sch. 21 Pt. I; S.I. 1993/1975, art. 9, Sch.1
  1033. I218
    Sch. 13 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1034. I219
    Sch. 13 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1035. I220
    Sch. 13 para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1036. F657
    Sch. 13 para. 8 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 155, Sch. 21 Pt. I; S.I. 1993/1975, art. 3, Sch.1
  1037. F658
    Sch. 13 paras. 9-10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2)(3), Sch. 38 Pt. I, Sch. 39 (with s. 1(4)).
  1038. F659
    Sch. 13, paras. 9, 10 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2)(3), Sch. 38 Pt.I, (with s. 1(4), Sch. 39, paras. 5, 6, 8)
  1039. I221
    Sch. 13 para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1040. I222
    Sch. 13 para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1041. F660
    Sch. 13 para. 13 repealed (1.11.1996) by 1996 c. 36, s. 105(5), Sch. 5, Table (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. Table
  1042. I223
    Sch. 13 para. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1043. I224
    Sch. 13 para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1044. I225
    Sch. 13 para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1045. I226
    Sch. 13 para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1046. M64
    1980 c. 5.
  1047. I227
    Sch. 13 para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1048. I228
    Sch. 13 para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1049. I229
    Sch. 13 para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1050. I230
    Sch. 13 para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1051. I231
    Sch. 13 para. 22 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1052. I232
    Sch. 13 para. 23 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1053. F661
    Sch. 13 para. 24 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 2(2), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  1054. I233
    Sch. 13 para. 24 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1055. F662
    Sch. 13 para. 25 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 6(2), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  1056. I234
    Sch. 13 para. 25 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1057. I235
    Sch. 13 para. 26 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1058. F663
    Sch. 13 para. 26(1)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(2), Sch. 3 Pt. 2
  1059. I236
    Sch. 13 para. 27 wholly in force at 14.10.1991 see s. 108(2)and(3) and (S.I. 1991/828 art. 3(2))
  1060. I237
    Sch. 13 para. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1061. I238
    Sch. 13 para. 29 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1062. F664
    Sch. 13 para. 30 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I
  1063. I239
    Sch. 13 para. 31 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1064. I240
    Sch. 13 para. 32 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1065. F665
    Sch. 13 para. 32 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), ss. 1(1), Sch. 1 Pt. 11
  1066. I241
    Sch. 13 para. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1067. F666
    Sch. 13 para. 34 repealed (5.2.1994) by 1993 c. 47, ss. 32(3), 33(2), Sch. 4
  1068. I242
    Sch. 13 para. 35 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1069. I243
    Sch. 13 para. 36 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1070. I244
    Sch. 13 para. 37 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1071. I245
    Sch. 13 para. 38 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1072. I246
    Sch. 13 para. 39 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1073. F667
    Sch. 13 para. 40 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 32, Sch. 20; S.I. 1991/1883, art. 3, Sch.
  1074. I247
    Sch. 13 para. 40 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1075. I248
    Sch. 13 para. 41 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1076. I249
    Sch. 13 para. 43 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1077. I250
    Sch. 13 para. 44 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1078. F668
    Sch. 13 para. 44(1) repealed (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 11(2), Sch.3; S.I. 1992/455, art.2.
  1079. I251
    Sch. 13 para. 45 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1080. F669
    Sch. 13 para. 45: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
  1081. F670
    Sch. 13 para. 45 cross-heading: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
  1082. I252
    Sch. 13 para. 46 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1083. I253
    Sch. 13 para. 47 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1084. I254
    Sch. 13 para. 48 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1085. F671
    Sch. 13 Para. 48(5) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 9; S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)
  1086. F672
    Sch. 13 para. 49 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art 3(5)-(10) and transitional provisions in Schs. 1-3)
  1087. I255
    Sch. 13 para. 50 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1088. F673
    Sch. 13 para. 50 repealed (5.10.2005 for S.) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 331, Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3 (as amended by S.S.I. 2005/375, art. 2)
  1089. I256
    Sch. 13 para. 51 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1090. I257
    Sch. 13 para. 52 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1091. I258
    Sch. 13 para. 53 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1092. F674
    Sch. 13 para. 53(1) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2.
  1093. I259
    Sch. 13 para. 54 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1094. I260
    Sch. 55 para. 55 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1095. I261
    Sch. 13 para. 56 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1096. I262
    Sch. 13 para. 57 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1097. I263
    Sch. 13 para. 58 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1098. I264
    Sch. 13 para. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1099. I265
    Sch. 13 para. 60 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1100. I266
    Sch. 13 para. 61 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1101. I267
    Sch. 13 para. 62 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1102. I268
    Sch. 13 para. 63 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1103. F675
    SCh. 13 para. 63(2) repealed (4.11.1996) by S.I. 1995/756, arts. 1(2), 15,Sch.; S.R. 1996/297, art. 3
  1104. I269
    Sch. 13 para. 64 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1105. I270
    Sch. 13 para. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1106. I271
    Sch. 13 para. 66 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1107. I272
    Sch. 13 para. 67 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1108. I273
    Sch. 13 para. 68 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1109. E7
    Sch. 13 para. 68(a)(b) extends to Scotland and para. 68(c)-(e) extends to Northern Ireland see s. 108(11)(12)
  1110. I274
    Sch. 13 para. 69 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1111. F676
    Sch. 13 para. 69(a) repealed (N.I.) (4.11.1996) by S.I. 1995/755, art. 185(2), Sch. 10; S.R. 1996/297, art. 2(2)
  1112. I275
    Sch. 13 para. 70 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1113. I276
    Sch. 13 para. 71 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1114. I277
    Sch. 13 para. 72 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1115. I278
    Sch. 13 para. 73 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1116. M65
    1981 c. xvii.
  1117. F677
    Sch. 13 para. 73(2)(3) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art 3(5)-(10) and transitional provisions in Schs. 1-3)
  1118. I279
    Sch. 13 para. 74 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1119. M66
    1984 c. xxvii.
  1120. F678
    Sch. 13 para. 74(2)(4) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art 3(5)-(10) and transitional provisions in Schs. 1-3)
  1121. I280
    Sch. 14 para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1122. F679
    Words in Sch. 14 para. 1(1) substituted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1A(1) (as inserted by S.I. 1991/1990, art. 2(c), Sch. para. 1)
  1123. F680
    Sch. 14 para. 1(1A) inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1A(2) (as inserted by S.I. 1991/1990, art. 2(c),Sch. para. 1)
  1124. M67
    1973 c. 18.
  1125. M68
    1956 c. 69.
  1126. I281
    Sch. 14 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1127. M69
    1963 c. 37.
  1128. F681
    Words in Sch. 14 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(1)(2)(r); S.I. 1992/333, art. 2(2), Sch. 2.
  1129. I282
    Sch. 14 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1130. I283
    Sch. 14 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1131. I284
    Sch. 14 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1132. M70
    1978 c. 22.
  1133. M71
    1975 c. 72.
  1134. M72
    1973 c. 18.
  1135. M73
    1965 c. 72.
  1136. M74
    1960 c. 48.
  1137. I285
    Sch. 14 para. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1138. I286
    Sch. 14 para. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1139. F682
    Words in Sch. 14 para. 7(2) substituted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1B(1) (as inserted by S.I. 1991/1990, art. 2(c),Sch. para. 1)
  1140. F683
    Sch. 14 para. 7(3)(d) inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1B(2) (as inserted by S.I. 1991/1990, art. 2(c), Sch. para. 1)
  1141. I287
    Sch. 14 para. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1142. I288
    Sch. 14 para. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1143. I289
    Sch. 14 para. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1144. I290
    Sch. 14 para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1145. C91
    Sch. 14 para. 12 amended (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1C (as inserted by S.I. 1991/1990, art. 2(c), Sch. para.1)
  1146. M75
    1971 c. 3.
  1147. M76
    1956 c. 69.
  1148. I291
    Sch. 14 para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1149. C92
    Sch. 14 para. 13 amended (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1C (as inserted by S.I. 1991/1990, art. 2(c), Sch. para. 1)
  1150. I292
    Sch. 14 para. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1151. C93
    Sch. 14 para. 14 amended (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1C (as inserted by S.I 1991/1990, art. 2(c), Sch. para.1)
  1152. M77
    1837 c. 26.
  1153. I293
    Sch. 14 para. 15 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1154. M78
    1969 c. 54.
  1155. F684
    Sch. 14 para. 15(1)(b) repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))
  1156. M79
    1980 c. 5.
  1157. M80
    1948 c. 43.
  1158. M81
    1960 c. 48.
  1159. M82
    1969 c. 46.
  1160. M83
    1973 c. 18.
  1161. M84
    1973 c. 29.
  1162. M85
    1978 c. 22.
  1163. M86
    1975 c. 72.
  1164. F685
    Word in Sch. 14 para. 15(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  1165. M87
    1976 c. 36.
  1166. F686
    Sch. 14 para. 15(1)(h) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(2); S.I. 1991/1883, art. 3, Sch.
  1167. I294
    Sch. 14 para. 16 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1168. F687
    Words in Sch. 14 para. 16(1) repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))
  1169. M88
    1969 c. 54.
  1170. F688
    Sch. 14 para. 16(2)(b) and the word "or" immediately preceding it repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))
  1171. F689
    Sch. 14 para. 16(3) repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))
  1172. F690
    Sch. 14 para. 16(3A) inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1D (as inserted by S.I. 1991/1990, art. 2(c), Sch. para. 1)
  1173. F691
    Words in Sch. 14 para. 16(4) substituted by S.I. 1991/828, art. 4, Sch. para. 1
  1174. F692
    “(h)" in Sch. 14 para. 16(4) substituted (14.10.1991) for “(g)" by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(3)(a); S.I. 1991/1883, art. 3, Sch.
  1175. F693
    Words in Sch. 14 para. 16(5) inserted by S.I. 1991/828, art. 4, Sch. para. 2(a)
  1176. F694
    Sch. 14 para. 16(5)(a)(b)(c) substituted (14.10.1991) for the words from "under" to "1973" by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(3)(b); S.I. 1991/1883,art. 3, Sch.
  1177. F695
    Words in Sch. 14 para. 16(5) inserted by S.I. 1991/828, art. 4, Sch. para. 2(b)
  1178. F696
    Words in Sch. 14 para. 16(5) inserted by S.I. 1991/828, art. 4, Sch. para. 2(c)
  1179. F697
    Sch. 14 para. 16(6) inserted by S.I. 1991/828, art. 4, Sch. para. 3
  1180. F698
    Sch. 14 para. 16A inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(4); S.I. 1991/1883, art. 3, Sch.
  1181. F699
    Words in Sch. 14 para. 16A inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 4(a) (as substituted by S.I. 1991/1990, art. 2(c), Sch. para.2)
  1182. F700
    Sch. 14 para. 16A(2)(3) inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 4(b) (as substituted by S.I. 1991/1990, art. 2(c), Sch. para.2)
  1183. I295
    Sch. 14 para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1184. M89
    1980 c. 5.
  1185. I296
    Sch. 14 para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1186. F701
    Sch. 14 para. 18A inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 5
  1187. I297
    Sch. 14 para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1188. F702
    Words in Sch. 14 para. 19 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(1)(2)(r); S.I. 1992/333, art. 2(2), Sch. 2.
  1189. I298
    Sch. 14 para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1190. M90
    1980 c. 5.
  1191. M91
    1948 c. 43.
  1192. I299
    Sch. 14 para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1193. I300
    Sch. 14 para. 22 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1194. F703
    “h" in Sch. 14 para. 22(a)(i) substituted (14.10.1991) for “g" by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(5); S.I. 1991/1883, art. 3, Sch.
  1195. I301
    Sch. 14 para. 23 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1196. M92
    1980 c. 5.
  1197. I302
    Sch. 14 para. 24 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1198. M93
    1978 c. 22.
  1199. M94
    1976 c. 36.
  1200. M95
    1975 c. 72.
  1201. M96
    1973 c. 29.
  1202. M97
    1960 c. 48.
  1203. I303
    Sch. 14 para. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1204. M98
    1969 c. 54.
  1205. F704
    Words in Sch. 14 para. 25 substituted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 6
  1206. I304
    Sch. 14 para. 26 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1207. M99
    1960 c. 48.
  1208. M100
    1969 c. 46.
  1209. M101
    1973 c. 18.
  1210. M102
    1973 c. 29.
  1211. M103
    1975 c. 72.
  1212. M104
    1976 c. 36.
  1213. M105
    1978 c. 22.
  1214. I305
    Sch. 14 para. 27 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1215. M106
    1963 c. 37.
  1216. M107
    1969 c. 54.
  1217. M108
    1933 c. 12.
  1218. M109
    1969 c. 54.
  1219. M110
    1976 c. 36.
  1220. M111
    1980 c. 6.
  1221. M112
    1963 c. 37.
  1222. I306
    Sch. 14 para. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1223. M113
    1980 c. 5.
  1224. I307
    Sch. 14 para. 29 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1225. I308
    Sch. 14 para. 30 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1226. I309
    Sch. 14 para. 31 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1227. M114
    1971 c. 3.
  1228. I310
    Sch. 14 para. 32 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1229. M115
    1980 c. 6.
  1230. I311
    Sch. 14 para. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1231. M116
    1948 c. 53.
  1232. I312
    Sch. 12 para. 34 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1233. I313
    Sch. 14 para. 35 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1234. I314
    Sch. 14 para. 36 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1235. M117
    1969 c. 54.
  1236. M118
    1980 c. 5.
  1237. F705
    Words in Sch. 14 para. 36(5)(b) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(6); S.I. 1991/1883, art. 3,Sch.
  1238. I315
    Sch. 14 para. 37 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1239. I316
    Sch. 14 para. 38 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1240. E8
    Sch. 14 para. 38(a) extends to Northern Ireland see s. 108(12)
  1241. M119
    1969 c. 54.
  1242. M120
    1953 c. 20.
  1243. M121
    1964 c. 55.
  1244. M122
    1968 c. 46.
  1245. M123
    1972 c. 48.
  1246. I317
    Sch. 14 para. 39 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1247. M124
    1933 c. 12.
  1248. F706
    Sch. 14 para. 40 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/774, art. 2(c)(i), Sch.
  1249. E9
    Sch. 15: for extent see s. 108(11)(12)
  1250. I318
    Sch. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
  1251. F707
    S. 79C inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(i); S.I. 2001/2041, art. 2(1)(a)(2)(3)(with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1252. F708
    S. 79C(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 8 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1253. F709
    S. 79C(4) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 8 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1254. F710
    S. 79C(5) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 8 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1255. F711
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1256. F712
    S. 79E inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(ii); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1257. F713
    S. 79E(2)(c) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 3(1); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1258. F714
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1259. F715
    S. 79F inserted (16.3.2001 (E.) for certain purposes and 1.7.2001 (W.) for certain purposes and otherwise (W.) 1.4.2002, and 2.7.2001 (E.) in so far as not already in force) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(iii)(iv); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1260. F716
    Words in s. 79F(1)(2) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 3(2)(a); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1261. F717
    S. 79F(1)(b)(2)(b) and preceding word repealed (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 3(2)(b), Sch. 5 Pt. 2; S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1262. F718
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1263. F719
    S. 79H inserted ((E.) 16.3.2001 for certain purposes and otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(v); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1264. F720
    S. 79H(3)-(6) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1265. F721
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1266. F722
    Words in s. 79H(3) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 10 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1267. F723
    Words in s. 79H(2) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 75
  1268. F724
    S. 79D inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs.1-3)
  1269. F725
    S. 79D(1) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 9(a); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1270. F726
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1271. F727
    Words in s. 79D(4) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 9(b) and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1272. F728
    Words in s. 79D(5) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 9(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1273. F729
    S. 79G inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1274. F730
    Words in s. 79G(2) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 2(2), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(c)
  1275. F731
    Words in s. 79G(1) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 4(1); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1276. F732
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1277. F733
    S. 79J inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1278. F734
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1279. F735
    S. 79K inserted (2.7.2001 for certain purposes for E. and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3) (with transitional provisions and savings in Sch.); S.I. 2002/839, art. 2(b); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1280. F736
    Words in s. 79K(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 11; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1281. F737
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1282. C94
    S. 79L applied (with modifications) (25.3.2003) (E.) by The Tax Credits (Approval of Home Child Care Providers) Scheme 2003 (S.I. 2003/463), {arts. 11, 12}
  1283. F738
    S. 79L inserted (2.7.2001 for certain purposes for E. and otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3)(c) (with transitional provisions and savings in Sch.); S.I. 2002/839, art. 2(c); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1284. F739
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1285. F740
    S. 79M inserted (1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2002/839, art. 2(d); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1286. F741
    Word in s. 79M(1) repealed (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Pt. 1
  1287. F742
    S. 79M(1)(c) and preceding word inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 3(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1288. F743
    Words in s.79M(2)(a) inserted (1.10.2002 for E. 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3: S.I. 2002/3185, art. 4, Sch. Pt. 1
  1289. F744
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1290. F745
    Words in s. 79M(1)(2) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 76
  1291. F746
    S. 79N inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(vi); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1292. F747
    Words in s. 79N omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 12 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1293. F748
    S. 79Q inserted ((E.) 16.3.2001 and 2.7.2001 for certain purposes otherwise 2.9.2002 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, ss. 79(1), 122; S.I. 2001/1210, art. 2(a)(vii)(viii) S.I. 2001/2041, art. 2(1)(a)(2) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1294. F749
    Words in s. 79Q omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 12 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1295. F750
    S. 79R inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(ix)(x); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1296. F751
    Words in s. 79R omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 12 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1297. F752
    S. 79P omitted (3.10.2005) by virtue of Education Act 2005 (c. 18), s. 53, Sch. 7 para. 2 (with s. 119) and repealed (prosp.) by that same amending Act, s. 123, Sch. 19 Pt. 1; the omission being brought into force by S.I. 2005/2034, art. 7
  1298. F753
    S. 79V inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(xi) S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1299. F754
    Words in s. 79V inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 15; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1300. F755
    S. 79U inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1301. F756
    Words in s. 79U(1) substituted (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1302. F757
    Words in s. 79U(2) substituted (2.9.2002 for E., 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1303. F758
    S. 79U(2A) inserted (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1304. F759
    Words in s. 79U(3) substituted (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(5) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1305. F760
    S. 79U(5) repealed (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, ss. 152, 215(2), Sch. 13 para. 5(6), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1306. F761
    S. 79U(9): definition of "authorised inspector" repealed (2.9.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 5(7), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1307. F762
    Words in s. 79U(4) substituted (3.10.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 53, Sch. 7 para. 6 (with s. 119); S.I. 2005/2034, art. 6; S.I. 2006/1338, art. 3, Sch. 1
  1308. F763
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1309. F764
    Words in s. 79U(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 14 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1310. F765
    S. 79W inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(xii); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1311. F766
    Words in s. 79W(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 16; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1312. F767
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1313. F768
    S. 79B inserted ((W.) 1.7.2001 for certain purposes and 1.4.2002 otherwise and (E.) 2.7.2001 for certain purposes and 1.4.2002 otherwise) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2: S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1314. F769
    S. 79B(5A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  1315. F770
    Words in s. 79B(3)(d)(4)(d) substituted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 2(1); S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, art. 2(2)(c)
  1316. F771
    S. 79B(4)(a)(b) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(a); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1317. F772
    Words in s. 79B(3)(d)(4)(d) substituted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 2(1); S.I. 2005/394, art. 2(1)(k)
  1318. F773
    Words in s. 79B(5) substituted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(b); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1319. F774
    S. 79B(5ZA) inserted (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 6(c); S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)
  1320. F775
    S. 79B(1) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 7(a) and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1321. F776
    S. 79B(2) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 7(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1322. F777
    Words in Pt. XA substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1323. F778
    S. 79B(7) substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 7(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1324. F779
    S. 79B(8) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 74
  1325. F780
    S. 79A inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1326. F781
    S. 79S inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1327. F782
    Words in s. 79S(2) omitted (1.9.2008) by virtue of the Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 13 and repealed (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(2), 109, Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
  1328. F783
    S. 79T inserted ((W.) 1.7.2001 for certain purposes and otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1329. F784
    Words in s. 79T(2)(a) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 53, 123, Sch. 7 para. 5(2), Sch. 19 Pt. 1 (with s. 119); S.I. 2006/1338, art. 4(1), Sch. 2 (subject to art. 2(1))
  1330. F785
    Words in s. 79T(4) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 53, Sch. 7 para. 5(3) (with s. 119); S.I. 2006/1338, art. 4(1), Sch. 2 (subject to art. 2(1))
  1331. F786
    S. 79X inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
  1332. F787
    Sch. 9A: words in heading before para. 7 repealed (3.10.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 4(2)(a), Sch. 5 Pt. 2; S.I. 2005/2298, art. 2(1) (subject to art. 2(2)); S.I. 2006/885, art. 2(2)(c)(h)
  1333. F788
    Sch. 1 para. 10(2A)(2B) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 12(2)(b)
  1334. F789
    Words in Sch. 1 para. 10(2) substituted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 12(2)(a)
  1335. F790
    S. 11B(5)(c)(iii) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 3(2)
  1336. F791
    S. 88(2) repealed (E.W.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3 (repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(2), 121(2), Sch. 3; S.S.I. 2009/267, art. 2)
  1337. F792
    Sch. 8 para. 5(b) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 3(3)
  1338. F793
    Sch. 10 Pt. 2 repealed (E.W.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740) art. 1(2), Sch. 2 Pt. 3
    (repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp. 4), s. 121(2), Sch. 3; S.S.I. 2009/267. art. 1(2), 2 (with arts. 3-21))
  1339. C95
    S. 41(3)-(5) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2
  1340. F794
    S. 87BA inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(4), 82(3); S.I. 2012/84, art. 3
  1341. F795
    S. 87(1A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(a), 82(3); S.I. 2012/84, art. 3
  1342. F796
    S. 87(3A)(3B) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(c), 82(3); S.I. 2012/84, art. 3
  1343. F797
    Words in s. 87(3) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(b), 82(3); S.I. 2012/84, art. 3
  1344. F798
    Words in s. 87(5) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(d), 82(3); S.I. 2012/84, art. 3
  1345. F799
    Words in s. 87(9A) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(e), 82(3); S.I. 2012/84, art. 3
  1346. F800
    S. 87A(4A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(b), 82(3); S.I. 2012/84, art. 3
  1347. F801
    Words in s. 87A(1)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(a), 82(3); S.I. 2012/84, art. 3
  1348. F802
    Word in s. 87C(1) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(5), 82(3); S.I. 2012/84, art. 3
  1349. F803
    Words in s. 62(10) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(2); S.I. 2012/924, art. 2
  1350. F804
    S. 80(5)(dd) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(a); S.I. 2012/924, art. 2
  1351. F805
    Words in s. 80(13) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(b); S.I. 2012/924, art. 2
  1352. F806
    Words in s. 80(13) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(c); S.I. 2012/924, art. 2
  1353. F807
    Words in s. 87(10) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(4)(a); S.I. 2012/924, art. 2
  1354. F808
    S. 87(11)(d) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(4)(b); S.I. 2012/924, art. 2
  1355. F809
    Words in s. 87(4)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(a) (with art. 3)
  1356. F810
    Words in s. 87(11)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(b) (with art. 3)
  1357. F811
    Words in s. 87(12) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(c) (with art. 3)
  1358. F812
    Words in s. 17(6) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 24, 44(4), Sch. 4; S.I. 2010/2981, art. 4(i)(l); S.I. 2012/1553, art. 2(c)(e)
  1359. F813
    Words in s. 36(5)(b)(ii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(a); S.I. 2012/2197, art. 2(b)
  1360. F814
    Words in s. 36(5)(b)(iii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(b); S.I. 2012/2197, art. 2(b)
  1361. C96
    S. 31 modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(3)(a)
  1362. C97
    S. 31A modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(3)(b)
  1363. C98
    S. 41 modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(3)(c)
  1364. C99
    S. 22C excluded (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(a) (with reg. 3)
  1365. C100
    S. 22D excluded (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(b)
  1366. C101
    Sch. 2 para. 21 excluded (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(d), 5
  1367. C102
    S. 25 excluded by SI 1991/1505, reg. 5A (as inserted (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 6)
  1368. C103
    S. 25 amendment to earlier affecting provision SI 1991/1505 reg. 6 (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 2(2) (with reg. 2(4)(5))
  1369. F815
    S. 21(2)(c)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 24; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  1370. F816
    Sch. 12 para. 28(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 25; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  1371. F817
    Sch. 1 para. 14 cross-heading substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 3
  1372. F818
    Words in s. 21(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1373. F819
    Words in s. 21(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1374. F820
    Words in s. 21(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1375. F821
    Words in s. 24(2)(d)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)
  1376. F822
    Words in s. 24(2)(d)(ii) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)
  1377. F823
    Words in s. 25(6) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 38; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
  1378. F824
    Words in s. 27(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1379. F825
    S. 27(3)(ca) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1380. F826
    Words in s. 29(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1381. F827
    Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1382. F828
    Words in s. 29(8)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1383. F829
    Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1384. F830
    S. 47(11)(ca) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1385. F831
    Words in s. 47(11)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1386. F832
    Words in s. 80(1)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1387. F833
    Words in s. 80(1)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1388. F834
    Words in s. 80(5)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1389. F835
    S. 80(5)(ea) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1390. F836
    Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)
  1391. F837
    S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)
  1392. F838
    Words in s. 105(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1393. F839
    Words in s. 105(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1394. F840
    Words in s. 17(9) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(a); S.I. 2013/983, art. 3(1)(b)(i)
  1395. F841
    Words in s. 17A(5)(b) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(b); S.I. 2013/983, art. 3(1)(b)(i)
  1396. F842
    Words in s. 29(3)(3A) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(c); S.I. 2013/983, art. 3(1)(b)(i)
  1397. F843
    Words in Sch. 2 para. 21(4) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(d); S.I. 2013/983, art. 3(1)(b)(i)
  1398. C104
    Act applied (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 13(2)-(4)
  1399. F844
    S. 31(7)(b)(iii) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 2(2)
  1400. F845
    S. 51(7)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 2(3)
  1401. F846
    Sch. 8 para. 3(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 2(4)
  1402. F847
    Sch. 14 para. 36(7) repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
  1403. F848
    Sch. 11 Pt. I omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 121; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1404. F849
    S. 104(3BA) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(b), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1405. F850
    Words in s. 104(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(a), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1406. F851
    Words in s. 104(3A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(a), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1407. F852
    Words in s. 5(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1408. F853
    Words in s. 5(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1409. F854
    Words in s. 5(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1410. F855
    Words in s. 5(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1411. F856
    Words in s. 5(9) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1412. F857
    Words in s. 8 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 3; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1413. F858
    Words in s. 8(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 12(2), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1414. F859
    Words in s. 8(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 12(3), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1415. F860
    S. 9(6A)(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1416. F861
    Words in s. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1417. F862
    Words in s. 9(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1418. F863
    Words in s. 9(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1419. F864
    Words in s. 9(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1420. F865
    Words in s. 9(5)(a) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(7), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1421. F866
    S. 10(5C) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1422. F867
    S. 10(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1423. F868
    Words in s. 10(5A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1424. F869
    Words in s. 10(5B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1425. F870
    Words in s. 10(7A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1426. F871
    Words in s. 10(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1427. F872
    S. 10(5)(d) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1428. F873
    S. 10(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1429. F874
    S. 10(5)(c)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1430. F875
    Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1431. F876
    Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1432. F877
    Words in s. 11(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(5), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1433. F878
    S. 11(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1434. F879
    Words in s. 11(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1435. F880
    Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1436. F881
    Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1437. F882
    Words in s. 11(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1438. F883
    S. 11(7)(b)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1439. F884
    Word in s. 11(7)(b)(ii) omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1440. F885
    Ss. 11A(1)(1A)(2)(2A)(2B)(3) substituted for ss. 11A(1)-(3) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1441. F886
    S. 11A(7A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1442. F887
    Words in s. 11A(5)(a)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1443. F888
    Words in s. 11A(5)(a)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1444. F889
    Words in s. 11A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1445. F890
    Word in s. 11A(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1446. F891
    Words in s. 11A(7)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1447. F892
    Words in s. 11A(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1448. F893
    Words in s. 11A(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1449. F894
    Word in s. 11A(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1450. F895
    Word in s. 11A(9) omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(9); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1451. F896
    Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1452. F897
    Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1453. F898
    Word in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1454. F899
    Words in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1455. F900
    Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1456. F901
    Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1457. F902
    Words in s. 11B(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1458. F903
    Word in s. 11B(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1459. F904
    Word in s. 11B omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1460. F905
    Word in s. 11C omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1461. F906
    S. 11C(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1462. F907
    Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1463. F908
    Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1464. F909
    Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1465. F910
    Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1466. F911
    Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1467. F912
    Words in s. 11C(3)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1468. F913
    Word in s. 11C(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1469. F914
    Word in s. 11D omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1470. F915
    Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1471. F916
    Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1472. F917
    Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1473. F918
    Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1474. F919
    Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1475. F920
    Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1476. F921
    Word in s. 11E heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1477. F922
    Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1478. F923
    Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1479. F924
    Word in s. 11E(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1480. F925
    Word in s. 11F heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1481. F926
    Words in s. 11F substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1482. F927
    Words in s. 11F(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1483. F928
    Words in s. 11F(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1484. F929
    Word in s. 11G heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1485. F930
    Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1486. F931
    Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1487. F932
    Words in s. 11G(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1488. F933
    Words in s. 11H heading inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1489. F934
    S. 11H(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1490. F935
    Words in s. 11H(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1491. F936
    Words in s. 11H(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1492. F937
    S. 11H(3)(a)(b)(za) substituted for s. 11H(3)(a)(b) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1493. F938
    Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1494. F939
    Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1495. F940
    Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1496. F941
    Words in s. 11H(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1497. F942
    Words in s. 11H(5)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1498. F943
    Words in s. 11H(10) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1499. F944
    Words in s. 11I heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1500. F945
    Words in s. 11I substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1501. F946
    S. 11J(13) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 103; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1502. F947
    Words in s. 11J(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1503. F948
    Words in s. 11J(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1504. F949
    Word in s. 11J(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1505. F950
    Words in s. 11J(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1506. F951
    Words in s. 11J(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1507. F952
    Words in s. 11J(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1508. F953
    Words in s. 11J(5)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1509. F954
    Words in s. 11J(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1510. F955
    Words in s. 11K(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1511. F956
    Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1512. F957
    Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1513. F958
    Words in s. 11K(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1514. F959
    Words in s. 11K(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1515. F960
    Words in s. 11K(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1516. F961
    Words in s. 11L(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1517. F962
    Words in s. 11L(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1518. F963
    Words in s. 11L(1)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1519. F964
    Words in s. 11L(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1520. F965
    Words in s. 11L(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1521. F966
    Words in s. 11O(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1522. F967
    Words in s. 11O(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1523. F968
    Words in s. 11O(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1524. F969
    Words in s. 11O(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1525. F970
    Words in s. 11O(6)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1526. F971
    Words in s. 11O(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1527. F972
    Words in s. 11O(6)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1528. F973
    Words in s. 11P(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1529. F974
    Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1530. F975
    Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1531. F976
    Words in s. 11P(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1532. F977
    Words in s. 11P(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1533. F978
    Words in s. 11P(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1534. F979
    S. 12(2A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1535. F980
    Words in s. 12 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1536. F981
    Words in s. 12(3) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1537. F982
    S. 12(1)(1A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1538. F983
    Words in s. 12(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1539. F984
    Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1540. F985
    Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1541. F986
    Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1542. F987
    Words in s. 12(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1543. F988
    Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1544. F989
    Words in s. 13(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1545. F990
    Words in s. 13(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1546. F991
    Words in s. 13(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1547. F992
    S. 13(4) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1548. F993
    S. 14 omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 23; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1549. F994
    Words in s. 14A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 24; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1550. F995
    S. 14B(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1551. F996
    Words in s. 14B(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1552. F997
    Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1553. F998
    Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1554. F999
    S. 14B(1)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1555. F1000
    Words in s. 14D(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 26; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1556. F1001
    Words in s. 14E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(6), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1557. F1002
    S. 15(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 105; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1558. F1003
    S. 16(4B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1559. F1004
    Words in s. 16(4A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1560. F1005
    Words in s. 16(2)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1561. F1006
    S. 20(9)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 28; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1562. F1007
    Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1563. F1008
    Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1564. F1009
    S. 31(3A)-(3C) substituted for s. 31(3A) (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 15(1), 139(6); S.I. 2014/889, art. 4(d) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1565. F1010
    S. 32(3)-(10) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(3), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1566. F1011
    Words in s. 32(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(7)(a), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1567. F1012
    Words in s. 32(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(7)(b), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1568. F1013
    Words in s. 32(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(2), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1569. F1014
    Words in s. 34(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 31(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1570. F1015
    Words in s. 34(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 31(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1571. F1016
    S. 38(3A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 32(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1572. F1017
    S. 38(7A)(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 13(11), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)
  1573. F1018
    S. 38(4)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 14(4)(a)(i), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1574. F1019
    S. 38(4)(da) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(4)(b), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1575. F1020
    S. 38(4)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 14(4)(a)(ii), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1576. F1021
    S. 38(5) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 14(4)(c), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1577. F1022
    Words in s. 38(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 32(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1578. F1023
    Words in s. 38B(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 106; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1579. F1024
    S. 41(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 33(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1580. F1025
    Words in s. 41(6)(e) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 33(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1581. F1026
    Words in s. 41(6)(h)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 33(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1582. F1027
    S. 43(11)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 34; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1583. F1028
    S. 44(13)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 35; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1584. F1029
    Words in s. 44B(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 107; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1585. F1030
    S. 46(10)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 36; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1586. F1031
    Words in s. 83(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 108; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1587. F1032
    S. 91(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1588. F1033
    S. 91(10A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1589. F1034
    Words in s. 91(10) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1590. F1035
    Word in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1591. F1036
    Words in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1592. F1037
    Words in s. 91(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1593. F1038
    S. 92(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1594. F1039
    Words in s. 92(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1595. F1040
    Words in s. 92(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1596. F1041
    S. 92(9)-(10A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1597. F1042
    S. 92(1)-(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1598. F1043
    S. 93(2)(d) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 110; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1599. F1044
    S. 93(2)(f)(g) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 110; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1600. F1045
    S. 93(2)(i)(j) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 110; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1601. F1046
    S. 94 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 111; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1602. F1047
    S. 97(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1603. F1048
    S. 97(7)(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1604. F1049
    Words in s. 97(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1605. F1050
    Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1606. F1051
    Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1607. F1052
    Words in s. 105(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1608. F1053
    S. 105(3) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1609. F1054
    Sch. 1 para. 1(6A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1610. F1055
    Words in Sch. 1 para. 1(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1611. F1056
    Words in Sch. 1 para. 1(6) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1612. F1057
    Words in Sch. 1 para. 1(6) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1613. F1058
    Sch. 1 para. 1(1)(a)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 113(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1614. F1059
    Words in Sch. 1 para. 1(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 113(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1615. F1060
    Sch. 1 para. 5(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 114; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1616. F1061
    Sch. 1 para. 5(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 114; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1617. F1062
    Words in Sch. 1 para. 6A(9) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(7)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1618. F1063
    Words in Sch. 1 para. 6A(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(7)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1619. F1064
    Sch. 1 para. 6A(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1620. F1065
    Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(2)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1621. F1066
    Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(2)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1622. F1067
    Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1623. F1068
    Words in Sch. 1 para. 6A(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1624. F1069
    Sch. 1 para. 6A(10) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1625. F1070
    Words in Sch. 1 para. 6A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(5)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1626. F1071
    Words in Sch. 1 para. 6A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(5)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1627. F1072
    Sch. 1 paras. 6A(2)-(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 115(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1628. F1073
    Sch. 1 para. 8(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1629. F1074
    Words in Sch. 1 para. 8(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1630. F1075
    Words in Sch. 1 para. 8(2)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(c)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1631. F1076
    Words in Sch. 1 para. 8(2)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(3)(c)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1632. F1077
    Sch. 1 para. 10(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 116; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1633. F1078
    Words in Sch. 1 para. 11(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1634. F1079
    Words in Sch. 1 para. 11(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1635. F1080
    Sch. 1 para. 11(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1636. F1081
    Words in Sch. 1 para. 12(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 118(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1637. F1082
    Sch. 1 para. 12(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 118(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1638. F1083
    Words in Sch. 1 para. 15 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 40(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1639. F1084
    Words in Sch. 1 para. 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 119; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1640. F1085
    Sch. 2 para. 24(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 120; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1641. F1086
    Sch. 11 para. 8(a)-(c) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1642. F1087
    Sch. 12 para. 31 omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(5), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)
  1643. F1088
    Sch. 13 para. 42 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  1644. F1089
    Sch. 14 para. 10 omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 41; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1645. F1090
    Words in Sch. A1 para. 4(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1646. F1091
    Words in Sch. A1 para. 4(2)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1647. F1092
    Words in Sch. A1 para. 4(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1648. F1093
    Words in Sch. A1 para. 4(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1649. F1094
    Words in Sch. A1 para. 5(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1650. F1095
    Words in Sch. A1 para. 6(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1651. F1096
    Words in Sch. A1 para. 6(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1652. F1097
    Words in Sch. A1 para. 7(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2) ; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1653. F1098
    Words in Sch. A1 para. 8(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1654. F1099
    Words in Sch. A1 para. 9(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1655. F1100
    Words in Sch. A1 para. 9(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1656. F1101
    Words in Sch. A1 para. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1657. F1102
    Words in Sch. A1 para. 9(10)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1658. F1103
    Words in Sch. A1 para. 9(10)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1659. F1104
    Words in Sch. A1 para. 9(11)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 39(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
  1660. F1105
    S. 19BA and cross-heading inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 98(3), 139(6); S.I. 2014/889, art. 5(e)
  1661. F1106
    S. 23CZA inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 98(2), 139(6); S.I. 2014/889, art. 5(e)
  1662. F1107
    Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E. ) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)
  1663. F1108
    S. 22(3B)(3C) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 99, 139(6); S.I. 2014/889, art. 5(e)
  1664. F1109
    S. 97(6A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 7(7), 139(6); S.I. 2014/889, art. 5(b)
  1665. F1110
    S. 34(6A) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(3), 139(6); S.I. 2014/889, art. 6(d)
  1666. F1111
    Words in s. 34(1) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(2), 139(6); S.I. 2014/889, art. 6(d)
  1667. F1112
    S. 34(8)(za) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(4), 139(6); S.I. 2014/889, art. 6(d)
  1668. F1113
    Words in s. 34(11) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(5), 139(6); S.I. 2014/889, art. 6(d)
  1669. F1114
    Words in s. 87B(2)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 3 (with art. 3)
  1670. F1115
    S. 17ZG inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 50, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
  1671. F1116
    Words in s. 23E(1A)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 65(2); S.I. 2014/889, art. 7(a)
  1672. F1117
    Sch. 2 para. 3(ba) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 65(3); S.I. 2014/889, art. 7(a)
  1673. F1118
    Sch. 1 para. 11(4)(4A) substituted for Sch. 1 para. 11(4) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 4(3) (with s. 12(4)); S.I. 2014/2039, art. 2
  1674. F1119
    Sch. 1 para. 7(6)(6A) substituted for Sch. 1 para. 7(6) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 4(2) (with s. 12(4)); S.I. 2014/2039, art. 2
  1675. F1120
    S. 1(2A)(2B) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(2), 139(6); S.I. 2014/2749, art. 3 (with art. 4)
  1676. F1121
    S. 1(6)(7) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(3), 139(6); S.I. 2014/2749, art. 3 (with art. 4)
  1677. F1122
    Word in s. 104(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(2)(a), 139(6); S.I. 2015/375, art. 2(c)
  1678. F1123
    Word in s. 104(3A) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(2)(a), 139(6); S.I. 2015/375, art. 2(c)
  1679. F1124
    S. 104(3AA) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(2)(b), 139(6); S.I. 2015/375, art. 2(c)
  1680. F1125
    Ss. 17ZA-17ZC inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(1), 139(6); S.I. 2015/375, art. 2(c)
  1681. F1126
    Ss. 17ZD-17ZF inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(1), 139(6); S.I. 2015/375, art. 2(c)
  1682. F1127
    Ss. 17ZH, 17ZI inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(1), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)
  1683. F1128
    Word in s. 17B heading inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 47(2) (with arts. 1(3), 3)
  1684. F1129
    Word in s. 104(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(2)(a), 139(6); S.I. 2015/375, art. 2(c)
  1685. F1130
    S. 104(3AB) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(2)(b), 139(6); S.I. 2015/375, art. 2(c)
  1686. F1131
    S. 17A(3)-(3D) substituted for s. 17A(3) (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(2) (with arts. 1(3), 3)
  1687. F1132
    Word in s. 17A(4)(a) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(3)(a) (with arts. 1(3), 3)
  1688. F1133
    Word in s. 17A(4)(b) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(3)(b) (with arts. 1(3), 3)
  1689. F1134
    Words in s. 17A(6) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(4)(a) (with arts. 1(3), 3)
  1690. F1135
    Words in s. 17A(6) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(4)(b) (with arts. 1(3), 3)
  1691. F1136
    S. 17ZA(6)(b)(iv) added (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 44 (with arts. 1(3), 3)
  1692. F1137
    S. 17ZD(8)(b)(iv) added (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 45 (with arts. 1(3), 3)
  1693. F1138
    Words in s. 17ZG(2) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(2), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)
  1694. F1139
    S. 65(A1)(A2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(2), 139(6); S.I. 2015/375, art. 2(d)
  1695. F1140
    Words in s. 65(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(3), 139(6); S.I. 2015/375, art. 2(d)
  1696. F1141
    Words in s. 65(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(4), 139(6); S.I. 2015/375, art. 2(d)
  1697. F1142
    Words in s. 65(4) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(5), 139(6); S.I. 2015/375, art. 2(d)
  1698. F1143
    Words in s. 65(5) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(6), 139(6); S.I. 2015/375, art. 2(d)
  1699. F1144
    Words in s. 104(3) repealed (28.3.2011 for W., 1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 42, 44, Sch. 4; S.I. 2010/2981, art. 4(l); S.I. 2011/949, art. 3(d)(i)
  1700. F1145
    Words in s. 22C(7) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 2(2), 139(6); S.I. 2014/889, art. 6(b)
  1701. F1146
    S. 22C(9A)-(9C) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 2(3), 139(6); S.I. 2014/889, art. 6(b)
  1702. F1147
    S. 59(3A) inserted (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(6); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
  1703. F1148
    S. 59(5A) substituted for (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(7); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
  1704. F1149
    Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)
  1705. F1150
    S. 25A, 25B and crossheading inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44(4); S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5); S.I. 2016/452, art. 2(c)
  1706. F1151
    S. 26(2)(k) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(3)(a), 44(4), Sch. 4; S.I. 2010/2981, art. 4(c)(l) (with art. 5); S.I. 2016/452, art. 2(c) (with art. 3)
  1707. F1152
    S. 26(2A)-(2D) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(3)(b), 44(4), Sch. 4; S.I. 2010/2981, art. 4(c)(l) (with art. 5); S.I. 2016/452, art. 2(c) (with art. 3)
  1708. F1153
    S. 23ZB inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 16(1), 44(4); S.I. 2009/2273, art. 2(2)(e); S.I. 2010/1329, art. 2(e); S.I. 2010/2981, art. 4(e); S.I. 2016/452, art. 2(d)
  1709. F1154
    Sch. 2 para. 17 repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 16(2), 44(4), Sch. 4; S.I. 2010/2981, art. 4(e)(l); S.I. 2016/452, art. 2(d)
  1710. F1155
    Words in s. 17(5)(a) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 1(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  1711. F1156
    Words in s. 17(5)(a) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 1(b); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  1712. F1157
    Words in s. 59(1)(aa) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(2); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  1713. F1158
    Words in s. 59(1A) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(3); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  1714. F1159
    Words in Sch. 2 para. 21(5) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 5; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  1715. F1160
    Words in Sch. 8 para. 9(1) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 6; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
  1716. F1161
    Pt. 3 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(2)
  1717. F1162
    Words in s. 86A heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(e)
  1718. F1163
    Words in Sch. 2 Pt. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 112
  1719. F1164
    Words in Sch. 2 Pt. 3 heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 118
  1720. F1165
    Sch. 2 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 121
  1721. F1166
    Sch. 2 para. A1 and cross-heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 107
  1722. F1167
    S. 16B and cross-heading inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(1)
  1723. F1168
    Words in s. 14F(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 56(a)
  1724. F1169
    Words in s. 14F(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 56(b)
  1725. F1170
    Words in s. 17(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 58(a)
  1726. F1171
    S. 17(13) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 58(b)
  1727. F1172
    Words in s. 17A(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 64
  1728. F1173
    S. 17B omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 65
  1729. F1174
    Words in s. 17ZA heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 59(c)
  1730. F1175
    Words in s. 17ZA(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 59(a)
  1731. F1176
    Words in s. 17ZA(12) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 59(b)
  1732. F1177
    Word in s. 17ZD heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(c)
  1733. F1178
    Words in s. 17ZD(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(a)
  1734. F1179
    Words in s. 17ZD(14) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(b)
  1735. F1180
    Words in s. 17ZG(1)(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 61
  1736. F1181
    Words in s. 17ZH(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 62(a)
  1737. F1182
    Words in s. 17ZH(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 62(b)
  1738. F1183
    Words in s. 17ZI(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 63
  1739. F1184
    S. 18(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 66(a)
  1740. F1185
    S. 18(6) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 66(b)
  1741. F1186
    Words in s. 20(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 67(a)
  1742. F1187
    S. 20(2A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 67(b)
  1743. F1188
    Words in s. 21(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 68(a)
  1744. F1189
    Words in s. 21(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 68(b)
  1745. F1190
    Words in s. 22(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(a)
  1746. F1191
    Words in s. 22(3B) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(b)
  1747. F1192
    Words in s. 22(3C) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(c)
  1748. F1193
    Words in s. 22(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(d)(i)
  1749. F1194
    Words in s. 22(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(d)(ii)
  1750. F1195
    Words in s. 22C(9A) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 70(a)
  1751. F1196
    Words in s. 22C(11) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 70(b)
  1752. F1197
    S. 22C(12) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 70(c)
  1753. F1198
    S. 22E substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 71
  1754. F1199
    Words in s. 23A(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(a)
  1755. F1200
    Words in s. 23A(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(b)
  1756. F1201
    Words in s. 23A(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(c)
  1757. F1202
    Words in s. 23B(10) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 75
  1758. F1203
    Words in s. 23C(5B) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 76
  1759. F1204
    Words in s. 23CA(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 78
  1760. F1205
    Words in s. 23CZA(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 77
  1761. F1206
    Words in s. 23D(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 79(a)
  1762. F1207
    Words in s. 23D(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 79(b)
  1763. F1208
    Words in s. 23E(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 80(a)
  1764. F1209
    Words in s. 23E(1B) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 80(b)
  1765. F1210
    Words in s. 23E(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 80(c)
  1766. F1211
    Words in s. 23ZA(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 72
  1767. F1212
    Words in s. 23ZB(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 73(a)
  1768. F1213
    Words in s. 23ZB(9) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 73(b)
  1769. F1214
    Words in s. 24(2)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 81(a)
  1770. F1215
    Words in s. 24(2)(d)(ii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 81(b)
  1771. F1216
    Words in s. 24(5)(za) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 81(c)
  1772. F1217
    Words in s. 24A(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 82(a)
  1773. F1218
    Words in s. 24A(3)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 82(b)
  1774. F1219
    Words in s. 24B(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 83
  1775. F1220
    Words in s. 24C(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(a)
  1776. F1221
    S. 24C(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(b)
  1777. F1222
    Words in s. 24C(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(c)
  1778. F1223
    S. 24C(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(d)
  1779. F1224
    Words in s. 24D(1A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 85(a)
  1780. F1225
    Words in s. 24D(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 85(b)
  1781. F1226
    Words in s. 25(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(a)(ii)
  1782. F1227
    Words in s. 25(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(b)
  1783. F1228
    Words in s. 25(2)(a)(i) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(c)
  1784. F1229
    Words in s. 25(2)(a)(ii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(c)
  1785. F1230
    Words in s. 25(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(c)
  1786. F1231
    Words in s. 25(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(e)
  1787. F1232
    Words in s. 25(7)(c) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(f)
  1788. F1233
    Words in s. 25A(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 87
  1789. F1234
    Words in s. 25B(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(a)
  1790. F1235
    Words in s. 25B(1)(d) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(a)
  1791. F1236
    Words in s. 25B(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(a)
  1792. F1237
    S. 25B(3)(b) and preceding word omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(b)
  1793. F1238
    S. 25C(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 89
  1794. F1239
    Words in s. 26(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(a)
  1795. F1240
    Words in s. 26(3A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(b)
  1796. F1241
    Words in s. 26(3B) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(c)
  1797. F1242
    Words in s. 26(3C) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(d)
  1798. F1243
    Words in s. 26(4A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(e)
  1799. F1244
    Words in s. 26(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(f)
  1800. F1245
    Words in s. 26(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(g)
  1801. F1246
    S. 26A(2A) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 92(a)
  1802. F1247
    Words in s. 26A(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 92(b)
  1803. F1248
    Words in s. 26A(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 92(b)
  1804. F1249
    S. 26ZB omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 91
  1805. F1250
    S. 27(3)(da) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 93(a)
  1806. F1251
    Words in s. 27(3)(e) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 93(b)
  1807. F1252
    S. 27(3A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 93(c)
  1808. F1253
    Words in s. 29(7) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 94(a)
  1809. F1254
    Words in s. 29(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 94(b)
  1810. F1255
    Words in s. 29(9) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 94(c)(i)
  1811. F1256
    Words in s. 29(9) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 94(c)(ii)
  1812. F1257
    Words in s. 29(9) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 94(c)(iii)
  1813. F1258
    S. 29(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 94(d)
  1814. F1259
    Words in s. 30(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(a)(i)
  1815. F1260
    Words in s. 30(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(a)(ii)
  1816. F1261
    S. 30(2A)(2B) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(b)
  1817. F1262
    Words in s. 30(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(d)
  1818. F1263
    Words in s. 30(2C)(2D) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(c)
  1819. F1264
    S. 30A omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 96
  1820. F1265
    Words in s. 33(8)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 97
  1821. F1266
    Words in s. 34(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 98(a)
  1822. F1267
    S. 34(6B) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 98(b)
  1823. F1268
    Words in s. 42(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 99
  1824. F1269
    S. 47(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 100
  1825. F1270
    Words in s. 59(3A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(a)
  1826. F1271
    S. 59(3B) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(b)
  1827. F1272
    Words in s. 59(5A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(c)
  1828. F1273
    S. 59(5B) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 101(d)
  1829. F1274
    Words in s. 85(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(i)
  1830. F1275
    Words in s. 85(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(ii)
  1831. F1276
    Words in s. 85(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(iii)
  1832. F1277
    Words in s. 85(2A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(b)
  1833. F1278
    Words in s. 85(3A)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(c)
  1834. F1279
    Words in s. 85(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(d)
  1835. F1280
    Words in s. 86(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 103(a)
  1836. F1281
    Words in s. 86(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 103(b)
  1837. F1282
    Words in s. 86A(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(a)
  1838. F1283
    Words in s. 86A(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(b)
  1839. F1284
    Words in s. 86A(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(c)
  1840. F1285
    Words in s. 86A(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(d)
  1841. F1286
    S. 104A substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 105
  1842. F1287
    Words in s. 105(1) substituted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(a)
  1843. F1288
    S. 105(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(b)
  1844. F1289
    Words in s. 105(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(c)
  1845. F1290
    S. 105(5B) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(d)
  1846. F1291
    Words in Sch. 2 para. 4(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 108(a)
  1847. F1292
    Words in Sch. 2 para. 4(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 108(b)
  1848. F1293
    Words in Sch. 2 para. 4(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 108(c)
  1849. F1294
    Words in Sch. 2 para. 6(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 109
  1850. F1295
    Words in Sch. 2 para. 7(c) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 110
  1851. F1296
    Words in Sch. 2 para. 8A(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 111
  1852. F1297
    Words in Sch. 2 para. 12F(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(a)
  1853. F1298
    Words in Sch. 2 para. 12F(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(b)
  1854. F1299
    Words in Sch. 2 para. 12F(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(i)
  1855. F1300
    Words in Sch. 2 para. 12F(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(ii)
  1856. F1301
    Words in Sch. 2 para. 12F(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(iii)
  1857. F1302
    Words in Sch. 2 para. 12F(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(iv)
  1858. F1303
    Words in Sch. 2 para. 12F(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(v)
  1859. F1304
    Words in Sch. 2 para. 12F(8) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(vi)
  1860. F1305
    Words in Sch. 2 para. 12F(9) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(c)(vii)
  1861. F1306
    Sch. 2 para. 12F(10) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(d)
  1862. F1307
    Words in Sch. 2 para. 12F(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 113(e)
  1863. F1308
    Words in Sch. 2 para. 15(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 114
  1864. F1309
    Words in Sch. 2 para. 19B(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 115(a)
  1865. F1310
    Words in Sch. 2 para. 19B(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 115(b)
  1866. F1311
    Words in Sch. 2 para. 19B(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 115(c)
  1867. F1312
    Words in Sch. 2 para. 19BA(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 116
  1868. F1313
    Sch. 2 para. 20(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 117
  1869. F1314
    Sch. 2 para. 24(3)(aa) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 119
  1870. F1315
    Words in Sch. 2 para. 25 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 120(a)
  1871. F1316
    Words in Sch. 2 para. 25(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 120(b)
  1872. F1317
    Sch. 2 para. 25(b)(ii) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 120(c)
  1873. F1318
    Sch. 13 para. 61(3)(4) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 122
  1874. C105
    S. 93 applied by 2014 anaw 4, s. 125B(2) (as inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 308)
  1875. C106
    S. 97 applied by 2014 anaw 4, s. 125C (as inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 308)
  1876. C107
    S. 25 extended to Scotland (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(1)
  1877. F1319
    Words in s. 25(1) substituted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(2)(a)
  1878. F1320
    Words in s. 25(1) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(2)(b)
  1879. F1321
    Words in s. 25(2)(a)(i)(ii) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(a)
  1880. F1322
    Words in s. 25(2)(b) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(a)
  1881. F1323
    Words in s. 25(2)(c) substituted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(b)
  1882. F1324
    S. 25(5A) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(4)
  1883. F1325
    Words in s. 25(7)(c) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(5)(a)
  1884. F1326
    S. 25(7)(d) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(5)(b)
  1885. F1327
    S. 25(8A) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6)
  1886. F1328
    Words in Sch. 2 para. 19(9) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 3
  1887. F1329
    S. 31(3B) substituted (31.10.2017) by Children and Social Work Act 2017 (c. 16), ss. 8, 70(2); S.I. 2017/918, reg. 2(a)
  1888. F1330
    S. 25C inserted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(2), 44(4); S.I. 2010/2981, art. 4(c); S.I. 2017/948, art. 2(b)
  1889. F1331
    Words in s. 59(2) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(4), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
  1890. F1332
    Words in s. 59(3) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(5), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)
  1891. F1333
    Words in s. 105(1) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 3(2), Sch. 4; S.I. 2010/2981, art. 4(a)(l); S.I. 2016/452, art. 2(b); S.I. 2017/948, art. 2(c)(ii)
  1892. F1334
    S. 23CZB inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(2), 70(2); S.I. 2018/346, reg. 4(c)
  1893. F1335
    S. 23CA(2) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(3), 70(2); S.I. 2018/346, reg. 4(c)
  1894. F1336
    S. 23D(3)(4) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(4), 70(2); S.I. 2018/346, reg. 4(c)
  1895. F1337
    S. 23E(1)(aa) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(6), 70(2); S.I. 2018/346, reg. 4(c)
  1896. F1338
    S. 23E(1ZA) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(7), 70(2); S.I. 2018/346, reg. 4(c)
  1897. F1339
    Word in s. 23E(1A) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(8), 70(2); S.I. 2018/346, reg. 4(c)
  1898. F1340
    Word in s. 23E(1B) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(9), 70(2); S.I. 2018/346, reg. 4(c)
  1899. F1341
    Word in s. 23E(1D) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(10), 70(2); S.I. 2018/346, reg. 4(c)
  1900. F1342
    Words in Sch. 2 para. 1(2)(a)(i) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 2; S.I. 2018/346, reg. 4(aa)
  1901. F1343
    Words in s. 83(1)(aa) substituted (29.6.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(2); S.I. 2018/497, reg. 3(s) (with reg. 11)
  1902. F1344
    S. 83(2)(aa) omitted (29.6.2018) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(3); S.I. 2018/497, reg. 3(s) (with reg. 11)
  1903. F1345
    S. 83(3)(c) and word omitted (29.6.2018) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(4); S.I. 2018/497, reg. 3(s) (with reg. 11)
  1904. C108
    S. 14F applied by S.I. 2005/1513, reg. 3A (as inserted (W.) (2.7.2018) by The Special Guardianship (Wales) (Amendment) Regulations 2018 (S.I. 2018/573), regs. 1(1), 5(2))
  1905. F1346
    S. 23ZZA and cross-heading inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 4, 70(2); S.I. 2018/497, reg. 4(a)
  1906. C109
    Sch. 8 para. 5 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 15
  1907. F1347
    S. 8(4)(j) inserted (15.3.2019) by Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 (c. 10), ss. 1(2), 2(2)
  1908. F1348
    Words in s. 62(6)(c) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 3
  1909. F1349
    S. 80(11A) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(g)
  1910. F1350
    S. 80(14) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(h)
  1911. F1351
    Words in s. 80 heading substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(i)
  1912. F1352
    Words in s. 80(1) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(i)
  1913. F1353
    Words in s. 80(1)(a) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(b)
  1914. F1354
    Words in s. 80(1)(j) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(c)
  1915. F1355
    Words in s. 80(4) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(iii)
  1916. F1356
    Word in s. 80(4) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(d)
  1917. F1357
    Words in s. 80(5)(c) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(f)
  1918. F1358
    Words in s. 80(2) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(ii)
  1919. F1359
    Words in s. 80(7) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(iv)
  1920. F1360
    Words in s. 80(11) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(v)
  1921. F1361
    Word in s. 80(4)(c) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(e)
  1922. F1362
    Words in s. 105(1) substituted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2, 12(a)
  1923. F1363
    Words in s. 105(1) inserted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2, 12(c)
  1924. F1364
    Words in s. 105(1) substituted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2, 12(b)
  1925. F1365
    Words in s. 105(1) substituted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 5
  1926. F1366
    Words in s. 22C(6)(c) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 9
  1927. F1367
    Words in s. 59(1)(aa) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 10
  1928. F1368
    S. 63(12)(b) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 11(b)
  1929. F1369
    Words in s. 63(12) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 11(a)
  1930. F1370
    Sch. 7 para. 5(A1) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 13(a)
  1931. F1371
    Sch. 7 para. 5A inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 13(b)
  1932. F1372
    Words in Sch. 8 para. 9(1) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 14
  1933. F1373
    Words in s. 2(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)
  1934. F1374
    Words in s. 2(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)
  1935. F1375
    Words in s. 2(3) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)
  1936. F1376
    Words in s. 4(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(3)
  1937. F1377
    Words in s. 105(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(4)
  1938. F1378
    Sch. A1 Pt. 1 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 112(2) (with Sch. 27); S.I. 2020/1236, reg. 2
  1939. F1379
    Words in s. 21(2)(c)(ia) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  1940. F1380
    Words in s. 21(2)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  1941. F1381
    S. 21(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  1942. F1382
    Words in s. 31(7)(b)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 109 (with Sch. 27); S.I. 2020/1236, reg. 2
  1943. F1383
    Words in s. 104(3A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 110(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  1944. F1384
    S. 104(3BB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 110(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  1945. F1385
    Words in s. 105(6)(ba) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 111 (with Sch. 27); S.I. 2020/1236, reg. 2
  1946. F1386
    Words in Sch. 2 para. 21(7)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 113 (with Sch. 27); S.I. 2020/1236, reg. 2
  1947. F1387
    Words in Sch. 3 para. 13(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 114(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  1948. F1388
    Words in Sch. 3 para. 14(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 114(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  1949. F1389
    Words in Sch. 8 para. 3(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 115 (with Sch. 27); S.I. 2020/1236, reg. 2
  1950. F1390
    Words in Sch. A1 para. 6(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 112(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  1951. F1391
    Words in Sch. A1 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 112(4) (with Sch. 27); S.I. 2020/1236, reg. 2
  1952. F1392
    Words in Sch. A1 para. 8(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 112(5) (with Sch. 27); S.I. 2020/1236, reg. 2
  1953. F1393
    Words in Sch. A1 para. 9(9) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 112(6)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  1954. F1394
    Words in Sch. A1 para. 9(9) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 112(6)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  1955. F1395
    Words in Sch. 1 para. 14 cross-heading omitted (31.12.2020) by virtue of S.I. 2019/519, Sch. para. 17(2A) (as inserted by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/836), regs. 1, 2(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
  1956. F1396
    Sch. 1 para. 14 substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 17(3) (with reg. 8) (as amended by S.I. 2019/836, regs. 1, 2(2)(b) and S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
  1957. F1397
    Words in Sch. 1 para. 10(2A) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 17(2)(a) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(g))
  1958. F1398
    Words in Sch. 1 para. 10(2B) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 17(2)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(g))
  1959. C110
    S. 38 modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(2) (as amended (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 37(3) (with reg. 8 (as amended by S.I. 2020/1574, regs. 1, 5(2))); 2020 c. 1, Sch. 5 para. 1(1))
  1960. C111
    S. 105(4) applied (26.7.2021) by The Disability Assistance for Children and Young People (Scotland) Regulations 2021 (S.S.I. 2021/174), regs. 1, 17(6)(b) (with sch. para. 13(a))
  1961. F1399
    S. 23E(1A)(ba) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 2(2)(b); S.I. 2021/373, art. 8(j)(ii)
  1962. F1400
    S. 36(11) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 2(3); S.I. 2021/373, art. 8(j)(iii)
  1963. C112
    S. 105(4) applied (S.) (21.3.2022) by The Disability Assistance for Working Age People (Scotland) Regulations 2022 (S.S.I. 2022/54), regs. 1, 27(6)(b)
  1964. F1401
    Words in s. 6(3A)(a) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 52; S.I. 2022/283, reg. 2
  1965. F1402
    S. 91A inserted (E.W.) (19.5.2022) by Domestic Abuse Act 2021 (c. 17), ss. 67(3), 90(6); S.I. 2022/553, regs. 1(2), 2(1)(b)
  1966. F1403
    Words in s. 91(14) inserted (19.5.2022) by Domestic Abuse Act 2021 (c. 17), ss. 67(2), 90(6); S.I. 2022/553, regs. 1(2), 2(1)(b)
  1967. F1404
    S. 17ZA(6)(b)(iii) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 91(4)(b)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1968. F1405
    S. 17ZD(8)(b)(iii) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 91(4)(b)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1969. F1406
    Words in s. 21 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1970. F1407
    Words in s. 21(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 28; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1971. F1408
    Words in s. 24 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1972. F1409
    Words in s. 24(2)(d)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 29; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1973. F1410
    Words in s. 24C substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1974. F1411
    Words in s. 24C(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 30; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1975. F1412
    Words in s. 27 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1976. F1413
    Words in s. 27(3)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 31; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1977. F1414
    Words in s. 29 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1978. F1415
    Words in s. 29(8)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 32; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1979. F1416
    Words in s. 47 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1980. F1417
    Words in s. 47(11)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 33; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1981. F1418
    Words in s. 80 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1982. F1419
    Words in s. 80(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 34; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1983. F1420
    Words in s. 80(5)(ea) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 34; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1984. F1421
    Words in s. 85 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1985. F1422
    Words in s. 85(2ZA) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 35(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1986. F1423
    Words in s. 85(2ZA)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 35(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1987. F1424
    Words in s. 105(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 36(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1988. F1425
    Words in s. 105(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 36(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1989. F1426
    S. 105(7A)(7B) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  1990. F1427
    S. 105(7B) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 2; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  1991. F1428
    Sch. 2 para. 24(3)(b) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 14
  1992. F1429
    S. 8(4)(k) inserted (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 52(1), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)
  1993. F1430
    Words in s. 47(5ZA)(a)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 1(2)
  1994. F1431
    Words in Sch. 2 para. 12D(1) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 1(3)(a)
  1995. F1432
    Words in Sch. 2 para. 12D(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 1(3)(b)(i)
  1996. F1433
    Words in Sch. 2 para. 12D(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 1(3)(b)(ii)
  1997. F1434
    Sch. 2 para. 12D(3)(4) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 1(3)(c)