Children Act 1989

Pending proceedings, etc. E+W+S

1 (1) [F1 Subject to sub-paragraphs (1A) and (4)], nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending immediately before the commencement of that provision. E+W+S

[F2 (1A) Proceedings pursuant to section 7(2) of the Family Law Reform Act 1969 (committal of wards of court to care of local authority) or in the exercise of the High Court’s inherent jurisdiction with respect to children which are pending in relation to a child who has been placed or allowed to remain in the care of a local authority shall not be treated as pending proceedings after 13th October 1992 for the purposes of this Schedule if no final order has been made by that date pursuant to section 7(2) of the 1969 Act or in the exercise of the High Court’s inherent jurisdiction in respect of the child’s care.]

(2) The repeals are those of—

(a) section 42(3) of the M1 Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); and

(b) section 38 of the M2 Sexual Offences Act 1956 (power of court to divest person of authority over girl or boy in cases of incest).

(3) For the purposes of the following provisions of this Schedule, any reference to an order in force immediately before the commencement of a provision of this Act shall be construed as including a reference to an order made after that commencement in proceedings pending before that commencement.

(4) Sub-paragraph (3) is not to be read as making the order in question have effect from a date earlier than that on which it was made.

(5) An order under section 96(3) may make such provision with respect to the application of the order in relation to proceedings which are pending when the order comes into force as the Lord Chancellor considers appropriate.

Textual Amendments

F1 Words in Sch. 14 para. 1(1) substituted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1A(1) (as inserted by S.I. 1991/1990, art. 2(c), Sch. para. 1)

F2 Sch. 14 para. 1(1A) inserted (14.10.1991) by S.I. 1991/828, art. 4, Sch. para. 1A(2) (as inserted by S.I. 1991/1990, art. 2(c),Sch. para. 1)

Commencement Information

I1 Sch. 14 para. 1 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1973 c. 18.

M2 1956 c. 69.

2 E+W Where, immediately before the day on which Part IV comes into force, there was in force an order under section 3(1) of the M3 Children and Young Persons Act 1963 (order directing a local authority to bring a child or young person before a [F3 youth court] under section 1 of the Children and Young Persons Act 1969), the order shall cease to have effect on that day.

Textual Amendments

F3 Words in Sch. 14 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(1)(2)(r); S.I. 1992/333, art. 2(2), Sch. 2.

Commencement Information

I2 Sch. 14 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M3 1963 c. 37.