Health and Social Services and Social Security Adjudications Act 1983

Children and Young Persons Act 1969 (c. 54.)

10 The following paragraph shall be substituted for paragraph (bb) of section 1(2) of the Children and Young Persons Act 1969 (conditions for making care orders)—

“(bb) it is probable that the condition set out in paragraph (a) of this subsection will be satisfied in his case, having regard to the fact that a person who has been convicted of an offence mentioned in Schedule 1 to the Act of 1933, including a person convicted of such an offence on whose conviction for the offence an order was made under Part I of the [1973 c. 62.] Powers of Criminal Courts Act 1973 placing him on probation or discharging him absolutely or conditionally is, or may become, a member of the same household as the child or young person ;”.

11 The following section shall be inserted after section 14 of that Act—

“14A Refusal to allow supervisor to visit child or young person.

Where a supervision order has been made in a case where a condition set out in paragraph (a), (b), (bb) or (c) of section 1(2) above is satisfied, a refusal to comply with a requirement imposed under section 18(2)(b) below—

(a) that the supervisor of a child or young person shall visit him ; or

(b) that a child or young person shall be medically examined,

shall be treated for the purposes of section 40 of the [1933 c. 12.] Children and Young Persons Act 1933 (under which a warrant authorising the search for and removal of a child or young person may be issued on suspicion of unnecessary suffering caused to, or certain offences committed against, the child or young person) as giving reasonable cause for such suspicion.”.

12 The following subsection shall be inserted after subsection (2) of section 20 of that Act (orders for committal to care of local authorities)—

“(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.”.

13 The following section shall be substituted for section 21A of that Act—

“21A Termination of care order on adoption etc.

(1) A care order relating to a person under the age of 18 shall cease to have effect—

(a) on his adoption ;

(b) if any order under an enactment to winch this paragraph applies is made in relation to him ;

(c) if an order similar to an order under section 25 of the [1975 c. 72.] Children Act 1975 is made in relation to him in Northern Ireland, the Isle of Man or any of the Channel Islands.

(2) Subsection (1)(b) above applies to the following enactments—

(a) sections 14 and 25 of the Children Act 1975 ;

(b) sections 18 and 55 of the [1976 c. 36.] Adoption Act 1976 ; and

(c) sections 18 and 49 of the [1978 c. 28.] Adoption (Scotland) Act 1978.

(3) After the commencement of section 55 of the Adoption Act 1976 subsection (1)(c) above shall have effect with the substitution of " 55 of the Adoption Act 1976 " for " 25 of the Children Act 1975. ".”

14 In section 22(2) of that Act (which specifies certain cases where an interim order may provide for the bringing of the person to whom it relates before a specified court only if that court so requires) after the word " five" there shall be inserted the words " or is legally represented ".

15 In section 25 of that Act (transfers of children in care between England or Wales and Northern Ireland)—

(a) in subsection (1), after the words "training school order" there shall be inserted the words " or by an order under subsection (2) below "; and

(b) in subsection (2), after the words " interim order " there shall be inserted the words " or by an order under subsection (1) above ".

16 In subsection (3) of section 32 of that Act (which creates an offence of compelling, persuading, inciting or assisting another person to become or continue to be absent as mentioned in subsection (1) of that section) the words "or (1A)" shall be inserted after the word " (1) ".

17 Section 46 of that Act (discontinuance of approved schools etc. on establishment of community homes) and Schedule 3 to that Act (which relates to such schools and to other institutions) shall have effect as if—

(a) any reference to a regional plan approved by the Secretary of State included a reference to a home being designated as a community home under section 31 of the [1980 c. 5.] Child Care Act 1980 ; and

(b) any reference to a planning area included a reference to the area of a local authority.

18 In section 65(3) of that Act (grants to voluntary organisations etc.) for the words from "such" to "institution" there shall be substituted the words " part of the premises occupied by the institution forms part of a controlled or assisted community home. ".

19 In section 73 of that Act (citation, commencement and extent) in subsection (6) (by virtue of which section 32(1) and (4), among other provisions, extend to the Channel Islands) after the words " 32 (1)" there shall be inserted the word " , (1A) ".