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).