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Children Act 1989, Section 91 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The making of a [F1child arrangements order with respect to the living arrangements of ] a child who is the subject of a care order discharges the care order.
[F2(1A)For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
(a)with whom the child is to live, and
(b)when the child is to live with any person.]
(2)The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.
[F3(2A)Where [F4an] activity direction has been made [F5with respect to] a child, the making of a care order with respect to the child discharges the direction.]
(3)The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.
(4)The making of a care order with respect to a child who is a ward of court brings that wardship to an end.
(5)The making of a care order with respect to a child who is the subject of a school attendance order made under [F6section 437 of the Education Act 1996] discharges the school attendance order.
[F7(5A)The making of a special guardianship order with respect to a child who is the subject of—
(a)a care order; or
(b)an order under section 34,
discharges that order.]
(6)Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.
(7)Any order made under section 4(1) [F84ZA(1),][F94A(1)] or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
(8)Any—
(a)agreement under section 4 [F10, 4ZA] [F11or 4A]; or
(b)appointment under section 5(3) or (4),
shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
(9)An order under Schedule 1 has effect as specified in that Schedule.
(10)A section 8 order F12... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6)F13. . . .
[F14(10A)Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—
(a)with whom a child is to live, or
(b)when a child is to live with any person.]
(11)Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
(12)Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
(13)Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
(14)On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court.
[F15For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).]
(15)Where an application (“the previous application”) has been made for—
(a)the discharge of a care order;
(b)the discharge of a supervision order;
(c)the discharge of an education supervision order;
(d)the substitution of a supervision order for a care order; or
(e)a child assessment order,
no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.
(16)Subsection (15) does not apply to applications made in relation to interim orders.
(17)Where—
(a)a person has made an application for an order under section 34;
(b)the application has been refused; and
(c)a period of less than six months has elapsed since the refusal,
that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.
Textual Amendments
F1Words in s. 91(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F2S. 91(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F3S. 91(2A) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 9; S.I. 2008/2870, art. 2(2)(e)
F4Word in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F5Words in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F6Words in s. 91(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 90 (with Sch. 39, paras. 30, 39)
F7S. 91(5A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F8Words in s. 91(7) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(a); S.I. 2009/479, art. 6(1)(e)
F9Words in s. 91(7) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F10Words in s. 91(8)(a) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(b); S.I. 2009/479, art. 6(1)(e)
F11Words in s. 91(8) inserted (30.12.2005) by 2002 c. 38, ss 139, 148, Sch. 3 para. 68(c) (with Sch. 4 paras. 6-8): S.I. 2005/2213, art. 2(o)
F12Words in s. 91(10) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F13Words in s. 91(10) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(3)(b), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)
F14S. 91(10A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)
F15Words in s. 91(14) inserted (19.5.2022) by Domestic Abuse Act 2021 (c. 17), ss. 67(2), 90(6); S.I. 2022/553, regs. 1(2), 2(1)(b)
Commencement Information
I1S. 91 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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