Children Act 1989 (c. 41)

Part XII U.K. Miscellaneous and General

General U.K.

105 Interpretation. E+W+S

(1) In this Act—

• “adoption agency” means a body which may be referred to as an adoption agency by virtue of [F1 section 2 of the Adoption and Children Act 2002];

• [F2 [F3 “appropriate children’s home” has the meaning given by section 23;]]

• “bank holiday” means a day which is a bank holiday under the M1 Banking and Financial Dealings Act 1971;

• [F4 “care home” has the same meaning as in the Care Standards Act 2000;

• “care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

• “child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

• “child assessment order” has the meaning given by section 43(2);

• [F5 “child minder” has the meaning given by section 71;

• [F6 “child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

  (a)

  a child of both of them, and

  (b)

  any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.]

• [F7 “children's home” has the same meaning as it has for the purposes of the Care Standards Act 2000 (see section 1 of that Act);]

• “community home” has the meaning given by section 53;

• [F8 “contact activity condition” has the meaning given by section 11C;]

• [F9 “contact activity direction” has the meaning given by section 11A;]

• “contact order” has the meaning given by section 8(1);

• “day care” F10 . . . has the same meaning as in section 18;

• “disabled”, in relation to a child, has the same meaning as in section 17(11);

• F11 . . .

• “domestic premises” has the meaning given by section 71(12);

• [F12 “dwelling-house” includes—

  (a)

  any building or part of a building which is occupied as a dwelling;

  (b)

  any caravan, house-boat or structure which is occupied as a dwelling;

  and any yard, garden, garage or outhouse belonging to it and occupied with it;

• [F13 “education functions” has the meaning given by section 579(1) of the Education Act 1996; ]

• “education supervision order” has the meaning given in section 36;

• “emergency protection order” means an order under section 44;

• [F14 “enforcement order” has the meaning given by section 11J;]

• “family assistance order” has the meaning given in section 16(2);

• “family proceedings” has the meaning given by section 8(3);

• “functions” includes powers and duties;

• “guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;

• “harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

• F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “health service hospital” [F16 means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]

• “hospital” F17 . . . has the same meaning as in the M2 Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;

• “ill-treatment” has the same meaning as in section 31(9);

• [F18 “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;]

• [F19 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

• [F20 “independent hospital”

  (a)

  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;]

• “independent school” has the same meaning as in [F21 the Education Act 1996];

• “local authority” means, in relation to England F22 . . ., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London [F23 in relation to Wales, the council of a county or a county borough] and, in relation to Scotland, a local authority within the meaning of section 1(2) of the M3 Social Work (Scotland) Act 1968;

• [F24 “local authority foster parent” has the meaning given in section 22C(12);]

• F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F26 “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;]

• “local housing authority” has the same meaning as in the M4 Housing Act 1985;

• [F27 “mental nursing home” has the same meaning as in the M5 Registered Homes Act 1984;]

• [F28 “nursing home” has the same meaning as in the Act of 1984;]

• [F29 “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;]

• “parental responsibility” has the meaning given in section 3;

• “parental responsibility agreement” has the meaning given in [F30 sections 4(1) [F31 , 4ZA(4)]and 4A(2)];

• “prescribed” means prescribed by regulations made under this Act;

• [F32 “private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 which is not a community home or a voluntary home;]

• [F33 “Primary Care Trust” means a Primary Care Trust established under [F34 section 18 of the National Health Service Act 2006];

• “privately fostered child” and “to foster a child privately” have the same meaning as in section 66;

• “prohibited steps order” has the meaning given by section 8(1);

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F36 “registered children’s home” has the same meaning as in section 63;]

• “registered pupil” has the same meaning as in [F21 the Education Act 1996];

• “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or [F37 by marriage or civil partnership)] or step-parent;

• “residence order” has the meaning given by section 8(1);

• [F38 “residential care home” has the same meaning as in the Registered Homes Act 1984 [F39 and “small home” has the meaning given by section 1(4A) of that Act];]

• “responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

• “school” has the same meaning as in [F21 the Education Act 1996] or, in relation to Scotland, in the M6 Education (Scotland) Act 1980;

• [F40 “section 31A plan” has the meaning given by section 31A(6);]

• “service”, in relation to any provision made under Part III, includes any facility;

• “signed”, in relation to any person, includes the making by that person of his mark;

• “special educational needs” has the same meaning as in [F41 the Education Act 1996];

• [F42 “special guardian” and “special guardianship order” have the meaning given by section 14A;]

• [F43 “Special Health Authority” means a Special Health Authority established under [F44 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006,];]

• “specific issue order” has the meaning given by section 8(1);

• [F45 “Strategic Health Authority” means a Strategic Health Authority established under [F46 section 13 of the National Health Service Act 2006];]

• “supervision order” has the meaning given by section 31(11);

• “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;

• “upbringing”, in relation to any child, includes the care of the child but not his maintenance;

• “voluntary home” has the meaning given by section 60;

• “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit.

• [F47 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.]

(2) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to each other at the time of his birth must be read with section 1 of the M7 Family Law Reform Act 1987 (which extends the meaning of such references).

(3) References in this Act to—

(a) a person with whom a child lives, or is to live, as the result of a residence order; or

(b) a person in whose favour a residence order is in force,

shall be construed as references to the person named in the order as the person with whom the child is to live.

(4) References in this Act to a child who is looked after by a local authority have the same meaning as they have (by virtue of section 22) in Part III.

(5) References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions [F48 of that or any other local authority which are social services functions within the meaning of] the M8 Local Authority Social Services Act 1970.

(5A) F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50 (5B) References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).]

(6) In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—

(a) which is a school or other institution;

(b) in accordance with the requirements of a supervision order under this Act F51 . . .

[F52 (ba) in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or]

(c) while he is being provided with accommodation by or on behalf of a local authority.

(7) References in this Act to children who are in need shall be construed in accordance with section 17.

(8) Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

(9) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(10) For the purposes of this section, and of section 7 of the M9 Interpretation Act 1978 in its application to this section, the proper address of a person—

(a) in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;

(b) in the case of a partner of a firm, shall be that of the principal office of the firm; and

(c) in any other case, shall be the last known address of the person to be served.]]]]

Textual Amendments

F1 S. 105(1): words in definition of "adoption agency" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F2 S. 105(1): the definition of "appropriate children's home" repealed (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 42, 44, Sch. 1 para. 3(2), Sch. 4; S.I. 2010/2891, art. 4(a)(l)

F3 S. 105(1): definition of "appropriate children's home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(i); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F4 S. 105(1): definition of "care home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(ii); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F5 S. 105(1): definition of "child minder" repealed (1.4.2002 for W. and otherwise (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2002/ 920, art. 3(3)(g) (with arts. 3(5)-(10))

F6 S. 105(1): definition of "child of the family" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(3); S.I. 2005/3175, art. 2(1), Sch. 1

F7 S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(3); S.I. 2010/2891, art. 4(a)

F8 S. 105(1): definition of "contact activity condition" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)

F9 S. 105(1): definition of "contact activity direction" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)

F10 S. 105(1): words in the definition of "day care" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(i), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F11 Definition of "district health authority" in s. 105(1) repealed (1.4.1996) by 1995 c. 17, ss.2(1), 5(1)(2), Schs. 1, para. 118(10)(a), 3(with Sch. 2 paras. 6, 16)

F12 Definition in s. 105(1) inserted (1.10.1997) by 1996, c. 27, s. 52, Sch. 6 para. 5(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3

F13 S. 105(1): definition of "education functions" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(13)(a)

F14 S. 105(1): definition of "enforcement order" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 15, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)

F15 S. 105: definition of "health authority" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(a)

F16 S. 105: words in definition of "health service hospital" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(b)

F17 S. 105(1): words in the definition of "hospital" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(ii), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F18 Definition of "income-based jobseeker's allowance" in s. 105 inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(4); S.I. 1996/2208, art. 2(b)

F19 S. 105(1): definition of "income-related employment and support allowance" inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(5); S.I. 2008/787, art. 2(4)(f)

F20 S. 105(1): definition of "independent hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(3)

F21 Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 91(with Sch. 39, paras. 30, 39)

F22 Words in s. 105(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), s. 66(8), Sch. 10 para. 13, Sch. 18(with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F23 Words in definition of "local authority" in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 13 (with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F24 S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(4); S.I. 2010/2891, art. 4(a)

F25 S. 105(1): definition of "local education authority" repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(13)(b), Sch. 3 Pt. 2

F26 S. 105: definition of "Local Health Board" inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(3)

F27 S. 105(1): definition of "mental nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6);S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F28 S. 105(1): definition of "nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F29 S. 105(1): definition of "officer of the Service" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 95; S.I. 2001/919, art. 2(f)(ii)

F30 S. 105(1): words in definition of "parental responsibility agreement" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F31 S. 105(1): word in the definition of "parental responsibility agreement" inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 31; S.I. 2009/479, art. 6(1)(e)

F32 S. 105(1): definition of "private children's home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(vii); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F33 S. 105(1): definition of "Primary Care Trust" inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(10) (with art. 2(5))

F34 S. 105: words in definition of "Primary Care Trust" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(c)

F35 S. 105(1): definition of "protected child" repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(d), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F36 S. 105(1): definition of "registered children's home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F37 S. 105(1): words in definition of "relative" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(4); S.I. 2005/3175, art. 2(1), Sch. 1

F38 S. 105(1): definition of "residential care home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F39 Words in s. 105(1) inserted (1.4.1993) by Registered Homes Act 1991 (c. 20, SIF 113:3), s. 2(6); S.I. 1992/2240, art. 2.

F40 S. 105(1): definition of "section 31A plan" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(b) (with Sch. 4 paras 6-8); S.I. 2005/2213, art. 2(o)

F41 Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 91(with Sch. 39, paras. 30, 39)

F42 S. 105(1): definition of "special guardian" and "special guardianship order" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(e) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F43 Definition of "special health authority" in s. 105(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(10)(c)(with Sch. 2 para. 6)

F44 S. 105: words in definition of "Special Health Authority" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(d)

F45 S. 105(1): definition of "Strategic Health Authority" inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 16(3)

F46 S. 105: words in definition of "Strategic Health Authority" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(e)

F47 S. 105(1): definition of "Welsh family proceedings officer" inserted (1.4.2005) by Children Act 2004, (c. 31), s. 40, {Sch. 3 para. 11}; S.I. 2005/700, art. 2(2)

F48 Words in s. 105(5) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 22; S.I. 2000/2849, art. 2(f)

F49 S. 105(5A) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F50 S. 105(5B) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 15(2)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F51 Words in s. 105(6)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 36(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)(u)(xi)

F52 S. 105(6)(ba) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 36(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)

Modifications etc. (not altering text)

C1 S. 105(4) applied (5.12.2003) (S.) by 1995 c. 36, s. 29(7) (as added (5.12.2003) (S.) by 2001 asp 8, ss. 73(1)(b), 81(1)); S.S.I. 2003/596, art. 3(2)

Commencement Information

I1 S. 105 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1971 c. 80.

M2 1983 c. 20.

M3 1968 c. 49.

M4 1985 c. 68.

M5 1984 c. 23.

M6 1980 c. 44.

M7 1987 c. 42.

M8 1970 c. 42.

M9 1978 c. 30.