Children and Young Persons Act 1969

[F1 20 Orders for committal to care of local authorities. E+W

(1) Any provision of this Act authorising the making of a care order in respect of any person shall be construed as authorising the making of an order committing him to the care of a local authority; and in this Act “care order” shall be construed accordingly and “interim order” means a care order containing provision for the order to expire with the expiration of twenty-eight days, or of a shorter period specified in the order, beginning—

(a) if the order is made by a court, with the date of the making of the order; and

(b) if it is made by a justice, with the date when the person to whom it relates was first in legal custody in connection with the matter in consequence of which the order is made.

(2) The local authority to whose care a person is committed by a care order shall be—

(a) except in the case of an interim order, the local authority in whose area it appears to the court making the order that that person resides or, if it does not appear to the court that he resides in the area of a local authority, any local authority in whose area it appears to the court that any offence was committed or any circumstances arose in consequence of which the order is made; and

(b) in the case of an interim order, such one of the local authorities mentioned in paragraph (a) of this subsection as the court or justice making the order thinks fit (whether or not the person in question appears to reside in their area).

[F2 (2A) in determining the place of residence of any person for the purposes of this section, any period shall be disregarded during which, while in the care of a local authority (whether by virtue of a care order or not), he resided outside the local authority’s area.]

(3) Subject to the provisions of the following section, a care order other than an interim order shall cease to have effect—

(a) if the person to whom it relates had attained the age of sixteen when the order was originally made, when he attains the age of nineteen; and

(b) in any other case, when that person attains the age of eighteen.

(4) A care order shall be sufficient authority for the detention by any local authority or constable of the person to whom the order relates until he is received into the care of the authority to whose care he is committed by the order.]

Textual Amendments

F1 Ss. 20–22 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F2 S. 20(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 12

Modifications etc. (not altering text)

C1 S. 20(3) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 1955 (c. 19, SIF 7:1), Sch. 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A paras. 7(4) of the said Acts of 1955 and Sch. 4A para. 7(4) of the Act of 1957 substituted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 paras. 8, 10, 18)