Children Act 1989

63 (1) In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)— U.K.

(a) for paragraph (a) there shall be substituted—

“(a) a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order”; and

(b) for paragraph (d) there shall be substituted the following paragraphs—

“(d) an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—

(i) so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but

(ii) excluding an order varying or revoking such an order;

(e) an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship—

(i) so far as it gives care and control of a child to any person or provides for the education of or access to a child; but

(ii) excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board.”

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For subsections (3) to (5) of that section there shall be substituted—

“(3) In this Part, “Part I order”—

(a) includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and

(b) (subject to sections 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.”

Textual Amendments

F1 SCh. 13 para. 63(2) repealed (4.11.1996) by S.I. 1995/756, arts. 1(2), 15,Sch.; S.R. 1996/297, art. 3

Commencement Information

I1 Sch. 13 para. 63 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)