The Children Act 1989 (Commencement No. 2—Amendment and Transitional Provisions) Order 1991

Explanatory Note

(This note is not part of the Regulations)

This Order postpones the coming into force of section 5(11) and (12) of the Children Act 1989 from 14th October 1991 to 1st February 1992. Those provisions concern the appointment of guardians to children’s estates.

Article 2 and the Schedule to the Order amend the schedule to the Children Act 1989 (Commencement and Transitional Provisions) Order 1991 “the first Order”) so as to further add to and modify the transitional provisions contained in Schedule 14 to the Children Act 1989 as follows:—

• Paragraph 1 inserts four new paragraphs before the first paragraph of the Schedule to the first Order. Paragraph 1A amends the provisions governing “pending proceedings” in paragraph 1 of Schedule 14 to the 1989 Act to restrict to one year the period for which proceedings in respect of a child who has been placed or allowed to remain in the care of the local authority pursuant to section 7(2) of the Family Law Reform Act 1969 or in the exercise of the inherent jurisdiction can be pending. Paragraph 1B allows local authorities to continue to make contributions towards the maintenance of a child living with a person as the result of a custodianship order so long as the order lasts. Paragraph 1C makes transitional provisions necessary as a result of the deferment of the coming into force of section 5(11) and (12). Paragraph 1D makes provision for the orders in proceedings which are treated in consequence of paragraph 1A as no longer pending to be treated as care orders under the 1989 Act.

• Paragraph 2 makes modifications to paragraph 4 of the first Order as a consequence of the amendment to the provisions governing “pending proceedings”.