Children and Young Persons Act 1969

Transfer U.K.

25 Transfers between England or Wales and Northern Ireland. E+W

(1) If it appears to the Secretary of State, on the application of the welfare authority or the managers of the training school to whose care a person is committed [F1 by a relevant order], that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect [F2 F3 . . .as if it were a supervision order imposing a [F4 local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000].]

[F5 (1A) In subsection (1) above “by a relevant order” means—

(a) by a fit person order;

(b) by virtue of a training school order; or

(c) by an order under subsection (2) below;

where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]

(2) If it appears to the [F6 the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F7 to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provisions) applies] other than an interim order [F7 or who is to accommodate a person pursuant to a supervision order imposing a [F4 local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]][F8 or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F6 the Secretary of State] may make an order committing him to the care of the managers of a training school or to the care of the welfare authority in whose area his parent or guardian resides or will reside and the provisions of the M1 Children and Young Persons Act (Northern Ireland) 1968 (except sections [F9 88(3) and 90] shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, [F9 the supervision order].

If an order under this subsection commits a person to the care of the managers of a training school, the contributions to be made in respect of him under section 161 of the said Act of 1968 shall be made by such council as may be named in that order, being the council within whose district his parent proposes to reside or is residing at the time of the order.

(3) When a person is received into the care of a local authority or welfare authority or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F10 , care order or supervision order] in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

(a) in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;

(b) in the case of an order under subsection (2), on the date when the care order [F11 or supervision order] aforesaid would have ceased to have effect by the effluxion of time or—

F12 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.

(4) An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or welfare authority or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority or managers to whose care he is committed by the order.

(5) In this section “training school”, “training school order” and “welfare authority” have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.

Extent Information

E1 This version of this provision extends to E.W. only; a seperate version has been created for N.I. only

Textual Amendments

F1 Words in s. 25(1) substituted (4.11.1996) by S.I. 1995/756, art. 7(2); S.R. (N.I.) 1996/297, art. 3

F2 Words in s. 25(1) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(a)(ii)

F3 Words in s. 25(1) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. (N.I.) 1996/297, art. 3

F4 Words in s. 25(1)(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 39(a)

F5 S. 25(1A) inserted (4.11.1996) by S.I. 1995/756, art. 7(3); S.R. (N.I.) 1996/297, art. 3

F6 Words substituted (N.I.) by virtue of S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1

F7 Words in s. 25(2) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(i)(ii)

F8 Words inserted by Health and Social Services and Social Security Ajudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 15

F9 Words in s. 25(2) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(iv)(v)

F10 Words in s. 25(3) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(c)(ii)

F11 Words in s. 25(3)(b) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(c)(iii)

F12 S. 25(3)(b)(i) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(c)(iv)

Modifications etc. (not altering text)

C1 Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

C2 S. 25(2) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 1955 (c. 19, SIF 7:1), Sch 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A para. 7(3) of the said Acts of 1955 and Sch. 4A para. 7(3) of the Act 1957 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 paras. 8, 10, 18, (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2))

Marginal Citations

M1 1968 c. 34 (N.I.)

25 Transfers between England or Wales and Northern Ireland. N.I.

(1) If it appears to the Secretary of State, on the application of the [F18 Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs)] or the managers of the training school to whose care a person is committed [F19 by a relevant order], that his parent or guardian resides or will reside in the ’area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect [F20 F21 . . . as if it were a supervision order imposing a [F22 local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]]

[F23 (1A) In subsection (1) above “by a relevant order” means—

(a) by a fit person order;

(b) by virtue of a training school order; or

(c) by an order under subsection (2) below;

where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]

(2) If it appears to the [F24 the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F25 to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provions) applies] other than an interim order [F25 or who is to accomodate a person pursuant to a supervision order imposing a [F22 local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]] [F26 or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F24 the Secretary of State] may make an order committing him to the care of the managers of a training school F27 . . . and the provisions of the M2 Children and Young Persons Act (Northern Ireland) 1968 (except sections [F28 88(3) and 90] shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, [F29 the supervision order].

F30 . . .

(3) When a person is received into the care of a local authority F31 . . . or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F32 , care order or supervision order] in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

(a) in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;

(b) in the case of an order under subsection (2), on the date when the care order [F33 or supervision order] or aforesaid would have ceased to have effect by the effluxion of time or—

F34 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.

(4) An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority F35 . . . or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority F35 . . . or managers to whose care he is committed by the order.

(5) In this section ”training school” [F36 and “training school order”] have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.

Extent Information

E3 This version of this provision extends to N.I. only; a separate version has been created for E.W. only

Textual Amendments

F18 Words in s. 25(1) substituted (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F19 Words in s. 25(1) substituted (4.11.1996) by S.I. 1995/756, art. 7(2); S.R. (N.I.) 1996/297, art. 3

F20 Words in s. 25(1) substituted (14.10.1991) by S.I. 1991/2032, art. 8(1)(a)(ii).

F21 Words in s. 25(1) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. (N.I.) 1996/297, art. 3

F22 Words in s. 25(1)(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 39(a)

F23 S. 25(1A) inserted (4.11.1996) by S.I. 1995/756, art. 7(3); S.R. (N.I.) 1996/297, art. 3

F24 Words substituted (N.I.) by virtue of S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1

F25 Words in s. 25(2) inserted (14.10.1991) by S.I. 1991/2032, art. 8(1)(b)(i)(ii).

F26 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 15

F27 Words in s. 25(2) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(b)(iii)

F28 Words in s. 25(2) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(iv)

F29 Words in s. 25(2) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(v).

F30 Words repealed (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F31 Words in s. 25(3) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(c)(i).

F32 Words in s. 25(3) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(c)(ii).

F33 Words in s. 25(3)(b) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(c)(iii)

F34 S. 25(3)(b)(i) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(c)(iv)

F35 Words in s. 25(4) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(d).

F36 Words in s. 25(5) substituted (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Modifications etc. (not altering text)

C4 Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

C5 S. 25(2): Certain functions transferred (N.I.) by S.I. 1973/2163, Sch. 1

C6 S. 25(2) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para. 7(4), Air Force Act 1955 (c. 19, SIF 7:1) Sch. 5A para. 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para. 7(4) (Schs. 5A para. 7(3) of the said Acts of 1955 and Sch. 4A of the 1957 Act substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 paras. 8. 10, 18 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Marginal Citations

M2 1968 c. 34 (N.I.)

26 Transfers between England or Wales and the Channel Islands or Isle of Man. U.K.

(1) The Secretary of State may by order designate for the purposes of this section an order of any description which—

(a) a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

(b) provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

(c) appears to the Secretary of State to be of the same nature as a care order other than an interim order [F13 or as a supervision order imposing a [F14 local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000]];

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order [F15 and ”care order” means an order made under section 31 of the Children Act 1989.].

(2) The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection [F16 be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a supervision order imposing a [F14 local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act] with a requirement that the child be accommodated by a designated local authority].

(4) An authorisation given to a local authority under this section shall cease to have effect when—

(a) the local authority is informed by the Secretary of State that he has revoked it; or

(b) the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

(c) the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

Extent Information

E2 S. 26 extends to England, Wales, the Channel Islands and the Isle of Man only

Textual Amendments

F13 Words in s. 26(1)(c) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).

F14 Words in s. 26(1)(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 39(b)

F15 Words in s. 26(1) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).

F16 Words in s. 26(2) substituted (14.10.1991) for words to the end of subsection (3) by S.I. 1991/2032, reg. 8(2)(b).

Modifications etc. (not altering text)

C3 Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W

Textual Amendments

F17 Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6 (s. 27(4) expressed to be repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4), 36(3)(a)); S.I. 1991/828, art. 3(2))