Children and Young Persons Act 1969

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;

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.

(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, be deemed to be the subject of a care order committing to the care of the local authority.

(3) This Act shall have effect, in relation to a person in respect of whom an authorisation under this section is in force, as if sections 20(2) and (3), 21 and 31. . . F1 were omitted; and it shall be the duty of a local authority who propose, in exercise of their powers under [F2 section 21(2) of the M1 Child Care Act 1980], to allow such a person to be under the charge and control of a person residing outside England and Wales to consult the relevant authority before exercising those powers.

(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

E1 S. 26 extends to England, Wales, the Channel Islands and the Isle of Man only

Textual Amendments

F1 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 25

F2 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 25

Modifications etc. (not altering text)

C1 Ss. 25, 26: power to amend conferred (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 101(5)(a), 108(2)

Marginal Citations

M1 1980 c. 5(20).