Children Act 1989

Modifications E+W

16 (1) Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(a) F1 . . . of that paragraph. E+W

(2) Where the person would otherwise have remained in care until reaching the age of nineteen, by virtue of—

(a) section 20(3)(a) or 21(1) of the Children M1 and Young Persons Act 1969; F2 . . .

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

this Act applies as if in section 91(12) for the word “eighteen" there were substituted “ nineteen" ”

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (3A) Where in respect of a child who has been placed or allowed to remain in the care of a local authority pursuant to section 7(2) of the Family Law Reform Act 1969 or in the exercise of the High Court’s inherent jurisdiction and the child is still in the care of a local authority, proceedings have ceased by virtue of paragraph 1 (1A) to be treated as pending, paragraph 15(2) shall apply on 14th October 1992 as if the child was in care pursuant to an order as specified in paragraph 15(1)(e)(ii) or (h) as the case may be.]

(4) [F5 Sub-paragraphs (5) and (6) only apply]where a child who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(e) to [F6 (h)]of that paragraph.

(5) [F7 Subject to sub-paragraph (6),]Where a court, on making the order, or at any time thereafter, gave directions [F8 -

(a) under section 4(4)(a) of the Guardianship Act 1973;

(b) under section 43(5)(a) of the Matrimonial Causes Act 1973; or

(c) in the exercise of the High Court’s inherent jurisdiction with respect to children,]

as to the exercise by the authority of any powers, those directions shall [F9 , subject to the provisions of section 25 of this Act and of any regulations made under that section,]continue to have effect (regardless of any conflicting provision in this Act [F10 other than section 25]) until varied or discharged by a court under this sub-paragraph.

[F11 (6) Where directions referred to in sub-paragraph (5) are to the effect that a child be placed in accommodation provided for the purpose of restricting liberty then the directions shall cease to have effect upon the expiry of the maximum period specified by regulations under section 25(2)(a) in relation to children of his description, calculated from 14th October 1991.]

Textual Amendments

F1 Words in Sch. 14 para. 16(1) repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F2 Sch. 14 para. 16(2)(b) and the word "or" immediately preceding it repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F3 Sch. 14 para. 16(3) repealed (1. 1. 1992) by Armed Forces Act 1991 (c. 62), s. 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F4 Sch. 14 para. 16(3A) inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1D (as inserted by S.I. 1991/1990, art. 2(c), Sch. para. 1)

F5 Words in Sch. 14 para. 16(4) substituted by S.I. 1991/828, art. 4, Sch. para. 1

F6 “(h)" in Sch. 14 para. 16(4) substituted (14.10.1991) for “(g)" by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(3)(a); S.I. 1991/1883, art. 3, Sch.

F7 Words in Sch. 14 para. 16(5) inserted by S.I. 1991/828, art. 4, Sch. para. 2(a)

F8 Sch. 14 para. 16(5)(a)(b)(c) substituted (14.10.1991) for the words from "under" to "1973" by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 33(3)(b); S.I. 1991/1883,art. 3, Sch.

F9 Words in Sch. 14 para. 16(5) inserted by S.I. 1991/828, art. 4, Sch. para. 2(b)

F10 Words in Sch. 14 para. 16(5) inserted by S.I. 1991/828, art. 4, Sch. para. 2(c)

F11 Sch. 14 para. 16(6) inserted by S.I. 1991/828, art. 4, Sch. para. 3

Commencement Information

I1 Sch. 14 para. 16 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1969 c. 54.