- Latest available (Revised)
- Original (As enacted)
Children Act 1989, Section 108 is up to date with all changes known to be in force on or before 07 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)This Act may be cited as the Children Act 1989.
(2)Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.
(3)Different dates may be appointed for different provisions of this Act and in relation to different cases.
(4)The minor amendments set out in Schedule 12 shall have effect.
(5)The consequential amendments set out in Schedule 13 shall have effect.
(6)The transitional provisions and savings set out in Schedule 14 shall have effect.
(7)The repeals set out in Schedule 15 shall have effect.
(8)An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—
(a)provisions adding to or modifying the provisions of Schedule 14, and
(b)such adaptations—
(i)of the provisions brought into force by the order; and
(ii)of any provisions of this Act then in force,
as appear to him necessary or expedient in consequence of the partial operation of this Act.
(9)The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.
(10)This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
(11)The following provisions of this Act extend to Scotland—
[F1section 19;]
section 25(8);
section 50(13);
[F1Part X;
section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);]
section 88;
section 104 (so far as necessary);
section 105 (so far as necessary);
subsections (1) to (3), (8) and (9) and this subsection;
in Schedule 2, paragraph 24;
in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;
in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;
in Schedule 14, paragraphs 1, 33 and 34;
in Schedule 15, the entries relating to—
(a)the M1Custody of Children Act 1891;
(b)the M2Nurseries and Child Minders Regulation Act 1948;
(c)section 53(3) of the M3Children and Young Persons Act 1963;
(d)section 60 of the M4Health Services and Public Health Act 1968;
(e)the M5Social Work (Scotland) Act 1968;
(f)the M6Adoption (Scotland) Act 1978;
(g)the M7Child Care Act 1980;
(h)the M8Foster Children (Scotland) Act 1984;
(i)the M9Child Abduction and Custody Act 1985; and
(j)the M10Family Law Act 1986.
(12)The following provisions of this Act extend to Northern Ireland—
section 50;
section 101(1)(b), (2) and (5)(a)(i);
subsections (1) to (3), (8) and (9) and this subsection;
in Schedule 2, paragraph 24;
in Schedule 12, paragraphs 7 to 10, 18 and 27;
in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;
in Schedule 14, paragraphs F2. . ., 28 to 30 and 38(a); and
in Schedule 15, the entries relating to the M11Guardianship of Minors Act 1971, the M12Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.
Extent Information
E1S. 108 extends to England and Wales, except s. 108(1)(3)(8)(9) which extend to the United Kingdom. See s. 108(11)(12).
Textual Amendments
F1Words in s. 108(11) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
F2Word in s. 108(12) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 25, Sch. 20; S.I. 1991/1883, art. 3, Sch.
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: