2014 No. 1042
The Children and Families Act 2014 (Transitional Provisions) Order 2014
Made
Coming into force
The Secretary of State, in exercise of the powers conferred by section 137(1) of the Children and Families Act 20141, makes the following Order:
Citation and Interpretation
1
This Order may be cited as the Children and Families Act 2014 (Transitional Provisions) Order 2014 and comes into force on 22nd April 2014.
2
1
In this Order—
“the 1989 Act” means the Children Act 1989;
“the 2014 Act” means the Children and Families Act 2014;
“a care order” has the same meaning as in the 1989 Act;
“a child arrangements order” means a child arrangements order as defined by section 8(1) of the 1989 Act;
“the commencement date” means the 22nd April 2014;
“a contact order” means a contact order as defined by section 8(1) of the 1989 Act prior to section 12 of the 2014 Act coming into force;
“a court officer” means a member of the court staff;
“residence order” means a residence order as defined by section 8(1) of the 1989 Act prior to section 12 of the 2014 Act coming into force;
“a section 31A plan” means a care plan prepared in accordance with section 31A of the 1989 Act;
“a supervision order” has the same meaning as in the 1989 Act.
2
For the purposes of this Order, proceedings are issued on the date entered on the application form by the court officer.
Post-adoption contact orders
3
Section 51A of the Adoption and Children Act 20022, as inserted by section 9(1) of the 2014 Act, does not apply to proceedings arising out of an application for a contact order which was commenced but not disposed of prior to the commencement date.
4
The amendments made by section 9(7) of the 2014 Act do not apply in respect of family proceedings3 that were commenced but not disposed of prior to the commencement date.
Family mediation information and assessment meetings5
Where a relevant family application4 is received but not issued by the court prior to the commencement date, that application shall be issued on or after the commencement date as if section 10 of the 2014 Act had not come into force on the commencement date.
Child arrangements orders
6
1
This article is subject to article 7.
2
Where, before the commencement date, there was or had been in force a contact order, then, on and after the commencement date, that contact order shall be deemed to be a child arrangements order which regulates or regulated arrangements that relate to either or both of the following—
a
with whom a child is to spend time or otherwise have contact, and
b
when a child is to spend time or otherwise have contact with any person.
3
Where, before the commencement date, there was or had been in force a residence order, then, on and after the commencement date, that residence order shall be deemed to be a child arrangements order which regulates or regulated arrangements that relate to either or both of the following—
a
with whom the child concerned is to live, and
b
when the child is to live with any person.
4
Where, before the commencement date, there was an application in progress for making, varying or discharging a contact order or a residence order, then, on and after the commencement date, that application shall be deemed to be an application for making, varying or discharging a child arrangements order.
5
Nothing in this article shall be construed so as to revive a residence order or contact order that has been discharged.
7
1
In relation to a child arrangements order that contains provisions that were in the order prior to the commencement date—
a
the court may not make an enforcement order under section 11J, or an order requiring financial compensation to be paid under section 11O of the 1989 Act, in relation to any such provisions which do not regulate contact arrangements;
b
to comply with section 11L(1) of the 1989 Act in relation to those provisions, the court does not need to be satisfied that the enforcement order is necessary to secure the person’s compliance with those provisions which do not regulate contact arrangements.
2
For the purposes of this article, “contact arrangements” are arrangements relating to either or both of the following—
a
with whom a child is to spend time or otherwise have contact, and
b
when a child is to spend time or otherwise have contact with any person.
Care, supervision and other family proceedings: time limits and timetables8
Where proceedings to which section 32 of the 1989 Act applies—
a
were commenced but not disposed of prior to the commencement date;
b
were subject to a timetable drawn up by the court under section 32(1) of the 1989 Act prior to the commencement date; and
c
the timetable provides for the proceedings to conclude on a date after the conclusion of a period of twenty-six weeks beginning with the day on which the application was issued,
section 32(1)(a)(ii) shall be read as if the reference to the period of within twenty-six weeks beginning with the day on which the application was issued, is a reference to the period ending with the date specified in the timetable (referred to in paragraph (b)), as the date for the disposal of the application.
Interim Orders9
1
Where, before the commencement date, an interim care order or an interim supervision order has been made under section 38(1) of the 1989 Act and that interim order does not specify a date on which it shall cease to have effect, it shall cease to have effect on whichever of the following events first occurs—
a
the expiry of the period of eight weeks beginning with the date on which the order was made;
b
if the order is the second or subsequent such order made with respect to the same child in the same proceedings, at the expiry of the relevant period.
2
For the purposes of this article, “the relevant period” means—
a
the period of four weeks beginning with the date on which the order in question was made; or
b
the period of eight weeks beginning with the date on which the first order was made, if that period ends later than the period mentioned in paragraph (2)(a).
Care Plans10
1
Section 31(3A) and (3B) of the 1989 Act, as inserted by section 15(1) of the 2014 Act, only applies in respect of applications for care or supervision orders issued on or after the commencement date.
2
Where a court is exercising its power under section 31(1) in relation to an application for a care or supervision order made before the commencement date, no care order may be made with respect to a child until the court has considered a section 31A plan.
Repeal of restrictions on divorce and dissolution etc where there are children11
The repeals effected by section 17 of the 2014 Act only apply in respect of proceedings issued on or after the commencement date.
(This note is not part of the Order)