1991 No. 828 (C.19)
The Children Act 1989 (Commencement and Transitional Provisions)Order 1991
Made
The Secretary of State for Health, in exercise of the powersconferred by section 108(2) and (8) of the Children Act 19891 and of all other powers enabling him in that behalf,hereby makes the following Order:
Citation1
This Order may be cited as the Children Act 1989 (Commencement andTransitional Provisions) Order 1991.
Interpretation2
In this Order“the Act” means the Children Act 1989.
Commencement3
1
Paragraph 21 of Schedule 10 to the Act (adoption contact register)and section 88(1) of the Act so far as it relates to that paragraphshall come into force on 1st May 1991.
2
All provisions of the Act which are not by then already in forceshall come into force on 14th October 1991.
Modifications of transitional provisions4
Schedule 14 to the Act shall have effect from 14th October 1991subject to the additions and modifications set out in the Schedule tothis Order.
SCHEDULEADDITIONS TO, AND MODIFICATIONS OF, SCHEDULE 14 TO THE ACT
1
In paragraph 16(4) for the words“sub-paragraph (5) only applies” there shall be substituted the words—
“sub-paragraphs (5) and (6) only apply”.
2
In paragraph 16(5)—
a
at the beginning of the sub-paragraph there shall beinserted—
“Subject to sub-paragraph (6),”;
b
after the word“shall” there shall be inserted—
“, subject to the provisions of section 25 of this Act and of anyregulations made under that section,”; and
c
after the words“in this Act” there shall be inserted—
“other than section 25”.
3
After sub-paragraph 16(5) there shall be inserted the followingsub-paragraph—
6
Where directions referred to in sub-paragraph (5) are to the effectthat a child be placed in accommodation provided for the purpose ofrestricting liberty then the directions shall cease to have effect uponthe expiry of the maximum period specified by regulations under section25(2)(a) in relation to children of his description, calculated from14th October 1991.
4
In paragraph 16A2—
a
after the number“16A.” there shall be inserted“—(1)”; and
b
after sub-paragraph (1) there shall be inserted—
2
Where immediately before the day on which Part IV commences a childwas in the care of a local authority and as the result of anorder—
a
under section 7(2) of the Family Law Reform Act 1969; or
b
made in the exercise of the High Court’s inherent jurisdiction withrespect 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.
5
After paragraph 18 there shall be inserted the followingparagraph—
18A
1
This paragraph applies to any decision of a local authority toterminate arrangements for access or to refuse to make sucharrangements—
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 thisparagraph applies shall have effect as a court order made under section34(4) authorising the local authority to refuse to allow contact betweenthe child and the person to whom notice was given under section 12B ofthe Child Care Act 1980.
6
In paragraph 25(3) for the words“more than six months” there shall be substituted“six months or more”.
(This note is not part of the Order)