Children and Families Act 2014

40 (1) Schedule 1 (financial provision for children) is amended as follows. E+W

(2) In paragraph 1 (power of court to make orders on application of parent, guardian, special guardian or person in whose favour residence order in force)—

(a) in sub-paragraph (1) for the words from “in whose favour” to “to a child” substitute “ who is named in a child arrangements order as a person with whom a child is to live ”,

(b) in sub-paragraph (6)—

(i) omit “a residence order or”, and

(ii) after “special guardianship order” insert “ , or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, ” and

(c) after sub-paragraph (6) insert—

“(6A) For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to—

(a) with whom the child is to live, or

(b) when the child is to live with any person.”

(3) In paragraph 8 (circumstances in which court may revoke financial relief order under other enactment)—

(a) in sub-paragraph (1) for “residence order” substitute “ child arrangements order to which sub-paragraph (1A) applies ”, and

(b) after sub-paragraph (1) insert—

“(1A) This sub-paragraph applies to a child arrangements order 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 concerned is to live, and

(b) when the child is to live with any person.”, and

(c) in sub-paragraph (2)(b)—

(i) after “any person” insert “ who is named in a child arrangements order as a person with whom the child is to live or ”, and

(ii) omit “a residence order or”.

(4) In paragraph 15 (local authority may contribute to maintenance of child living with person as a result of residence order) for “residence order” substitute “ child arrangements order ”.

Commencement Information

I1 Sch. 2 para. 40 in force at 22.4.2014 by S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)