PART 5Protection for victims, witnesses, etc in legal proceedings
Orders under section 91(14) of the Children Act 1989
I167Orders under section 91(14) of the Children Act 1989
1
The Children Act 1989 is amended as follows.
2
In section 91 (effect and duration of orders etc.), at the end of subsection (14) insert—
For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).
3
After section 91 insert—
91ASection 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).