Children Act 1989
Part I Introductory
1 Welfare of the child.
2 Parental responsibility for children.
3 Meaning of “parental responsibility”.
4 Acquisition of parental responsibility by father.
4ZAAcquisition of parental responsibility by second female parent
4A Acquisition of parental responsibility by step-parent
5 Appointment of guardians.
6 Guardians: revocation and disclaimer.
7 Welfare reports.
Part II Orders With Respect To Children In Family Proceedings
General
8 Residence, contact and other orders with respect to children.
9 Restrictions on making section 8 orders.
10 Power of court to make section 8 orders.
11 General principles and supplementary provisions.
11AContact activity directions
11BContact activity directions: further provision
11CContact activity conditions
11DContact activity conditions: further provision
11EContact activity directions and conditions: making
11FContact activity directions and conditions: financial assistance
11GContact activity directions and conditions: monitoring
11HMonitoring contact
11IContact orders: warning notices
11JEnforcement orders
11KEnforcement orders: further provision
11LEnforcement orders: making
11MEnforcement orders: monitoring
11NEnforcement orders: warning notices
11OCompensation for financial loss
11POrders under section 11O(2): further provision
12 Residence orders and parental responsibility.
13 Change of child’s name or removal from jurisdiction.
14 Enforcement of residence orders.
Special guardianship
14A Special guardianship orders
14B Special guardianship orders: making
14C Special guardianship orders: effect
14D Special guardianship orders: variation and discharge
14E Special guardianship orders: supplementary
14F Special guardianship support services
14G Special guardianship support services: representations
Financial relief
15 Orders for financial relief with respect to children.
Family assistance orders
16 Family assistance orders.
16ARisk assessments
Part III Local Authority Support for Children and Families
Provision of services for children and their families
17 Provision of services for children in need, their families and others.
17A Direct payments.
17BVouchers for persons with parental responsibility for disabled children.
18 Day care for pre-school and other children.
19 Review of provision for day care, child minding etc.
Provision of accommodation for children
20 Provision of accommodation for children: general.
21 Provision of accommodation for children in police protection or detention or on remand, etc.
Duties of local authorities in relation to children looked after by them
22 General duty of local authority in relation to children looked after by them.
23 Provision of accommodation and maintenance by local authority for children whom they are looking after.
22AProvision of accommodation for children in care
22BMaintenance of looked after children
22CWays in which looked after children are to be accommodated and maintained
22DReview of child's case before making alternative arrangements for accommodation
22EChildren's homes provided by appropriate national authority
22FRegulations as to children looked after by local authorities
22GGeneral duty of local authority to secure sufficient accommodation for looked after children
Visiting
23ZADuty of local authority to ensure visits to, and contact with, looked after children and others
23ZBIndependent visitors for children looked after by a local authority
Advice and assistance for certain children
23A The responsible authority and relevant children.
23B Additional functions of the responsible authority in respect of relevant children.
23CContinuing functions in respect of former relevant children.
23CAFurther assistance to pursue education or training
Personal advisers and pathway plans
23D Personal advisers.
23E Pathway plans.
24 Persons qualifying for advice and assistance.
24AAdvice and assistance.
24BEmployment, education and training.
24CInformation.
24D Representations: sections 23A to 24B.
Secure accommodation
25 Use of accomodation for restricting liberty.
26 Review of cases and inquiries into representations.
26ZARepresentations: further consideration
26ZBRepresentations: further consideration (Wales)
26A Advocacy services
27 Co-operation between authorities.
28 Consultation with local education authorities.
29 Recoupment of cost of providing services etc.
30 Miscellaneous.
30AMeaning of appropriate national authority
Independent reviewing officers
25AAppointment of independent reviewing officer
25BFunctions of the independent reviewing officer
25CReferred cases
Part IV Care and Supervision
General
31 Care and Supervision
31A Care orders: care plans
32 Period within which application for order under this Part must be disposed of.
Care orders
33 Effect of care order.
34 Parental contact etc. with children in care.
Supervision orders
35Supervision orders.
36 Education supervision orders.
Powers of court
37 Powers of court in certain family proceedings.
38 Interim orders.
38A Power to include exclusion requirement in interim care order.
38B Undertakings relating to interim care orders.
39 Discharge and variation etc. of care orders and supervision orders.
40 Orders pending appeals in cases about care or supervision orders.
Guardians ad litem
41 Representation of child and of his interests in certain proceedings.
42 Right of guardian ad litem to have access to local authority records.
Part V Protection of Children
43 Child assessment orders.
44 Orders for emergency protection of children.
44A Power to include exclusion requirement in emergency protection order.
44B Undertakings relating to emergency protection orders.
45 Duration of emergency protection orders and other supplemental provisions.
46 Removal and accommodation of children by police in cases of emergency.
47 Local authority’s duty to investigate.
48 Powers to assist in discovery of children who may be in need of emergency protection.
49 Abduction of children in care etc.
50 Recovery of abducted children etc.
51 Refuges for children at risk.
52 Rules and regulations.
Part VI Community Homes
53 Provision of community homes by local authorities.
54 Directions that premises be no longer used for community home.
55 Determination of disputes relating to controlled and assisted community homes.
56 Discontinuance by voluntary organisation of controlled or assisted community home.
57 Closure by local authority of controlled or assisted community home.
58 Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.
Part VII Voluntary Homes and Voluntary Organisations
59 Provision of accommodation by voluntary organisations.
60 Registration and regulation of voluntary homes.
61 Duties of voluntary organisations.
62 Duties of local authorities.
Part VIII Registered Children’s Homes
63 Children not to be cared for and accommodated in unregistered children’s homes.
64 Welfare of children in children’s homes.
65 Persons disqualified from carrying on, or being employed in children’s homes.
65A Appeal against refusal of authority to give consent under section 65.
PART IX PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN
66 Privately fostered children.
67 Welfare of privately fostered children.
68 Persons disqualified from being private foster parents.
69 Power to prohibit private fostering.
70 Offences.
Part X Child Minding and Day Care for Young Children
71 Registration.
72 Requirements to be complied with by child minders.
73 Requirements to be complied with by persons providing day care for young children.
74 Cancellation of registration.
75 Protection of children in an emergency.
76 Inspection.
77 Appeals.
78 Offences.
79 Application of this Part to Scotland.
Part XA Child Minding and Day Care for Children in England and Wales
Introductory
79A Child minders and day care providers.
79B Other definitions, etc.
Regulations
79C Regulations etc. governing child minders and day care providers.
Registration
79D Requirement to register.
79E Applications for registration.
79F Grant or refusal of registration.
79G Cancellation of registration.
79H Suspension of registration.
79J Resignation of registration.
79K Protection of children in an emergency.
79L Notice of intention to take steps.
79M Appeals.
Inspection: England
79N General functions of the Chief Inspector.
79P Early years child care inspectorate.
79Q Inspection of provision of child minding and day care in England.
79R Reports of inspections.
Inspection: Wales
79S General functions of the Assembly.
79T Inspection: Wales.
Supplementary
79U Rights of entry etc.
79V Function of local authorities.
Checks on suitability of persons working with children over the age of seven
79W Requirement for certificate of suitability.
Time limit for proceedings
79X Time limit for proceedings.
Part XI Secretary of State’s Supervisory Functions and Responsibilities
80 Inspection of children’s homes etc. by persons authorised by Secretary of State.
81 Inquiries.
82 Financial support by Secretary of State.
83 Research and returns of information.
84 Local authority failure to comply with statutory duty: default power of Secretary of State.
Part XII Miscellaneous and General
Notification of children accommodated in certain establishments
85 Children accommodated by health authorities and local education authorities.
86 Children accommodated in residential care, nursing or mental nursing homes.
86AVisitors for children notified to local authority under section 85 or 86
87 Welfare of children accommodated in independent schools.
87A Suspension of duty under section 87(3).
87B Duties of inspectors under section 87A.
87C Boarding schools: national minimum standards.
87D Annual fee for boarding school inspections.
Adoption
88 Amendments of adoption legislation.
Paternity tests
89 Tests to establish paternity.
Criminal care and supervision orders
90 Care and supervision orders in criminal proceedings.
Effect and duration of orders etc.
91 Effect and duration of orders etc.
Jurisdiction and procedure etc.
92 Jurisdiction of courts.
93 Rules of court.
94 Appeals.
95 Attendance of child at hearing under Part IV or V.
96 Evidence given by, or with respect to, children.
97 Privacy for children involved in certain proceedings.
98 Self-incrimination.
99 Legal aid.
100 Restrictions on use of wardship jurisdiction.
101 Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
Search warrants
102 Power of constable to assist in exercise of certain powers to search for children or inspect premises.
General
103 Offences by bodies corporate.
104 Regulations and orders.
104ARegulations and orders made by the Welsh Ministers under Part 3 etc.
105 Interpretation.
106 Financial provisions.
107 Application to Channel Islands.
108 Short title, commencement extent etc.
Children Act 1989
SCHEDULE A1Enforcement orders
Part 1Unpaid work requirement
General
1Subject to the modifications in paragraphs 2 and 3, Chapter...
References to an offender
2Subject to paragraph 3, references in Chapter 4 of Part...
Specific modifications
3(1) The power of the Secretary of State by order...
Part 2Revocation, amendment or breach of enforcement order
Power to revoke
4(1) This paragraph applies where a court has made an...
Amendment by reason of change of residence
5(1) This paragraph applies where a court has made an...
Amendment of hours specified under unpaid work requirement
6(1) This paragraph applies where a court has made an...
Amendment to extend unpaid work requirement
7(1) This paragraph applies where a court has made an...
Warning and report following breach
8(1) This paragraph applies where a court has made an...
Breach of an enforcement order
9(1) This paragraph applies where a court has made an...
Provision relating to amendment of enforcement orders
10Sections 11L(2) to (7) and 11M have effect in relation...
SCHEDULE 1 Financial Provision for Children
Orders for financial relief against parents
1(1) On an application made by a parent or guardian...
Orders for financial relief for persons over eighteen
2(1) If, on an application by a person who has...
Duration of orders for financial relief
3(1) The term to be specified in an order for...
Matters to which court is to have regard in making orders for financial relief
4(1) In deciding whether to exercise its powers under paragraph...
Provisions relating to lump sums
5(1) Without prejudice to the generality of paragraph 1, an...
Variation etc. of orders for periodical payments
6(1) In exercising its powers under paragraph 1 or 2...
Variation of orders for periodical payments etc. made by magistrates’ courts
6A(1) Subject to sub-paragraphs (7) and (8), the power of...
Variation of orders for secured periodical payments after death of parent
7(1) Where the parent liable to make payments under a...
Financial relief under other enactments
8(1) This paragraph applies where a residence order is made...
Interim orders
9(1) Where an application is made under paragraph 1 or...
Alteration of maintenance agreements
10(1) In this paragraph and in paragraph 11 “maintenance agreement”...
11(1) Where a maintenance agreement provides for the continuation, after...
Enforcement of orders for maintenance
12(1) Any person for the time being under an obligation...
Direction for settlement of instrument by conveyancing counsel
13Where the High Court or a county court decides to...
Financial provision for child resident in country outside England and Wales
14(1) Where one parent of a child lives in England...
Local authority contribution to child’s maintenance
15(1) Where a child lives, or is to live, with...
Interpretation
16(1) In this Schedule “child” includes, in any case where...
SCHEDULE 2 Local Authority Support for Children and Families
Part IProvision of Services for Families
Identification of children in need and provision of information
1(1) Every local authority shall take reasonable steps to identify...
Children’s services plans
1A(1) Every local authority shall, on or before 31st March...
Maintenance of a register of disabled children
2(1) Every local authority shall open and maintain a register...
Assessment of children’s needs
3Where it appears to a local authority that a child...
Prevention of neglect and abuse
4(1) Every local authority shall take reasonable steps, through the...
Provision of accommodation in order to protect child
5(1) Where— (a) it appears to a local authority that...
Provision for disabled children
6Every local authority shall provide services designed—
Provision to reduce need for care proceedings etc.
7Every local authority shall take reasonable steps designed—
Provision for children living with their families
8Every local authority shall make such provision as they consider...
Provision for accommodated children
8A(1) Every local authority shall make provision for such services...
Family centres
9(1) Every local authority shall provide such family centres as...
Maintenance of the family home
10Every local authority shall take such steps as are reasonably...
Duty to consider racial groups to which children in need belong
11Every local authority shall, in making any arrangements—
Part II Children Looked After By Local Authorities
Regulations as to placing of children with local authority foster parents
12Regulations under section 23(2)(a) may, in particular, make provision—
Regulations as to arrangements under section 23(2)(f)
13Regulations under section 23(2)(f) may, in particular, make provision as...
Regulations as to conditions under which child in care is allowed to live with parent, etc.
14Regulations under section 23(5) may, in particular, impose requirements on...
Regulations as to conditions under which child in care is allowed to live with parent, etc
12ARegulations under section 22C may, in particular, impose requirements on...
Regulations as to placements of a kind specified in section 22C(6)(d)
12BRegulations under section 22C as to placements of the kind...
Placements out of area
12CRegulations under section 22C may, in particular, impose requirements which...
Avoidance of disruption in education
12D(1) Regulations under section 22C may, in particular, impose requirements...
Regulations as to placing of children with local authority foster parents
12ERegulations under section 22C may, in particular, make provision—
12F(1) Regulations under section 22C may, in particular, also make...
12GRegulations under section 22C may, in particular, also make provision...
Promotion and maintenance of contact between child and family
15(1) Where a child is being looked after by a...
Visits to or by children: expenses
16(1) This paragraph applies where— (a) a child is being...
Appointment of visitor for child who is not being visited
17(1) Where it appears to a local authority in relation...
Power to guarantee apprenticeship deeds etc.
18(1) While a child is being looked after by a...
Arrangements to assist children to live abroad
19(1) A local authority may only arrange for, or assist...
Preparation for ceasing to be looked after
19AIt is the duty of the local authority looking after...
19B(1) A local authority shall have the following additional functions...
19CA local authority shall arrange for each child whom they...
Death of children being looked after by local authorities
20(1) If a child who is being looked after by...
Part III Contributions Towards Maintenance of Children Looked After by Local Authorities
Liability to contribute
21(1) Where a local authority are looking after a child...
Agreed contributions
22(1) Contributions towards a child’s maintenance may only be recovered...
Contribution orders
23(1) Where a contributor has been served with a contribution...
Enforcement of contribution orders etc.
24(1) A contribution order made by a magistrates’ court shall...
Regulations
25The Secretary of State may make regulations—
SCHEDULE 3 Supervision Orders
Part I General
Meaning of “responsible person"
1In this Schedule, “the responsible person”, in relation to a...
Power of supervisor to give directions to supervised child
2(1) A supervision order may require the supervised child to...
Imposition of obligations on responsible person
3(1) With the consent of any responsible person, a supervision...
Psychiatric and medical examinations
4(1) A supervision order may require the supervised child—
Psychiatric and medical treatment
5(1) Where a court which proposes to make or vary...
Part II Miscellaneous
Life of supervision order
6(1) Subject to sub-paragraph (2) and section 91, a supervision...
Limited life of directions
7. . . . . . . . . ....
Information to be given to supervisor etc.
8(1) A supervision order may require the supervised child—
Selection of supervisor
9(1) A supervision order shall not designate a local authority...
Effect of supervision order on earlier orders
10The making of a supervision order with respect to any...
Local authority functions and expenditure
11(1) The Secretary of State may make regulations with respect...
Part III Education supervision orders
Effect of orders
12(1) Where an education supervision order is in force with...
13(1) Where an education supervision order is in force with...
Effect where child also subject to supervision order
14(1) This paragraph applies where an education supervision order and...
Duration of orders
15(1) An education supervision order shall have effect for a...
Information to be given to supervisor etc.
16(1) An education supervision order may require the child—
Discharge of orders
17(1) The court may discharge any education supervision order on...
Offences
18(1) If a parent of a child with respect to...
Persistent failure of child to comply with directions
19(1) Where a child with respect to whom an education...
Miscellaneous
20The Secretary of State may by regulations make provision modifying,...
Interpretation
21In this Part of this Schedule “parent” has the same...
SCHEDULE 4 Management and Conduct of Community Homes
Part I Instruments of Management
Instruments of management for controlled and assisted community homes
1(1) The Secretary of State may by order make an...
2(1) An instrument of management shall contain such provisions as...
Part II Management of Controlled and Assisted Community Homes
3(1) The management, equipment and maintenance of a controlled community...
Part III Regulations
4(1) The Secretary of State may make regulations—
SCHEDULE 5 Voluntary Homes and Voluntary Organisations
Part I Registration of Voluntary Homes
General
1(1) An application for registration under this paragraph shall—
Procedure
2(1) Where— (a) a person applies for registration of a...
Right to make representations
3(1) A notice under paragraph 2 shall state that within...
Decision of Secretary of State
4(1) If the Secretary of State decides to adopt the...
Appeals
5(1) An appeal against a decision of the Secretary of...
Notification of particulars with respect to voluntary homes
6(1) It shall be the duty of the person in...
Part II Regulations as to Voluntary Homes
Regulations as to conduct of voluntary homes
7(1) The Secretary of State may make regulations—
Disqualification
8The Secretary of State may by regulation make provision with...
SCHEDULE 6 Registered Children’s Homes
Part I Registration
Application for registration
1(1) An application for the registration of a children’s home...
Conditions imposed on registration
2(1) A local authority may grant an application for registration...
Annual review of registration
3(1) In this Schedule“the responsible authority”, in relation to a...
Cancellation of registration
4(1) The person carrying on a registered children’s home may...
Procedure
5(1) Where— (a) a person applies for the registration of...
Right to make representations
6(1) A notice under paragraph 5 shall state that within...
Decision of local authority
7(1) If the local authority decide to adopt a proposal...
Appeals
8(1) An appeal against a decision of a local authority...
Prohibition on further applications
9(1) Where an application for the registration of a home...
Part II Regulations
10(1) The Secretary of State may make regulations—
SCHEDULE 7 Foster Parents: Limits on Number of Foster Children
Interpretation
1For the purposes of this Schedule, a person fosters a...
The usual fostering limit
2Subject to what follows, a person may not foster more...
Siblings
3A person may exceed the usual fostering limit if the...
Exemption by local authority
4(1) A person may exceed the usual fostering limit if...
Effect of exceeding fostering limit
5(1) A person shall cease to be treated as fostering...
Complaints etc.
6(1) Every local authority shall establish a procedure for considering...
SCHEDULE 8 Privately Fostered Children
Exemptions
1A child is not a privately fostered child while he...
2(1) A child is not a privately fostered child while...
3A child is not a privately fostered child while he...
4A child is not a privately fostered child while he...
5A child is not a privately fostered child while—
Power of local authority to impose requirements
6(1) Where a person is fostering any child privately, or...
Regulations requiring notification of fostering etc.
7(1) The Secretary of State may by regulations make provision...
7AEvery local authority must promote public awareness in their area...
Appeals
8(1) A person aggrieved by— (a) a requirement imposed under...
Extension of Part IX to certain school children during holidays
9(1) Where a child under sixteen who is a pupil...
Prohibition of advertisements relating to fostering
10No advertisement indicating that a person will undertake, or will...
Avoidance of insurances on lives of privately fostered children
11A person who fosters a child privately and for reward...
SCHEDULE 9 Child Minding and Day Care for Young Children
Applications for registration
1(1) An application for registration under section 71 shall be...
Disqualification from registration
2(1) A person may not be registered under section 71...
Exemption of certain schools
3(1) Section 71 does not apply in relation to any...
Exemption for other establishments
4(1) Section 71(1)(b) does not apply in relation to any...
Exemption for occasional facilities
5(1) Where day care for children under the age of...
Certificates of registration
6(1) Where a local authority register a person under section...
Fees for annual inspection of premises
7(1) Where— (a) a person is registered under section 71,...
Co-operation between authorities
8(1) Where it appears to a local authority that any...
SCHEDULE 9A Child Minding and Day Care for Young Children
Exemption of certain schools
1(1) Except in prescribed circumstances, Part XA does not apply...
Exemption for other establishments
2(1) Part XA does not apply to provision of day...
2A(1) Part XA does not apply to provision of day...
Exemption for occasional facilities
3(1) Where day care is provided on particular premises on...
Disqualification for registration
4(1) Regulations may provide for a person to be disqualified...
5(1) If any person— (a) acts as a child minder...
Provision of day care: unincorporated associations
5A(1) References in Part XA to a person, so far...
Certificates of registration
6(1) If an application for registration is granted, the registration...
Annual fees
7Regulations may require registered persons to pay to the registration...
Co-operation between authorities
8(1) Where it appears to the Chief Inspector that any...
SCHEDULE 10 Amendments of Adoption Legislation
Part I Amendments of Adoption Act 1976 (c. 36)
1In section 2 (local authorities’ social services) for the words...
2In section 11 (restrictions on arranging adoptions and placing of...
3(1) In section 12 (adoption orders), in subsection (1) for...
4For section 14(1) (adoption by married couple) there shall be...
5(1) In section 16 (parental agreement), in subsection (1) for...
6(1) In section 18 (freeing child for adoption), after subsection...
7In section 19(2) (progress reports to former parents) for the...
8(1) In section 20 (revocation of section 18 order), in...
9For section 21 (transfer of parental rights and duties between...
1 0(1) In section 22 (notification to local authority of adoption...
11In section 25(1) (interim orders) for the words “vesting the...
12In— (a) section 27(1) and (2) (restrictions on removal where...
13After section 27(2) there shall be inserted—
14(1) After section 28(2) there shall be inserted—
15In section 29 (return of child taken away in breach...
16(1) In section 30 (return of children placed for adoption...
17(1) In section 31 (application of section 30 where child...
18(1) In section 32 (meaning of “protected child"), in subsection...
19(1) In section 35 (notices and information to be given...
20(1) In section 51 (disclosure of birth records of adopted...
21After section 51 there shall be inserted— Adoption Contact Register....
22(1) In section 55 (adoption of children abroad), in subsection...
23(1) In section 56 (restriction on removal of children for...
24(1) In section 57 (prohibition on certain payments) in subsection...
25After section 57 there shall be inserted— Permitted allowances. (1) The Secretary of State may make regulations for the...
26(1) In section 59 (effect of determination and orders made...
27In section 60 (evidence of adoption in Scotland and Northern...
28In section 62(5)(b) (courts), for the words from “section 8"...
29After section 65 (guardians ad litem and reporting officers) there...
30(1) Section 72(1) (interpretation) shall be amended as follows.
31For section 74(3) and (4) (extent) there shall be substituted—...
Part II Amendments of Adoption (Scotland) Act 1978 (c. 28)
32In section 11 (restrictions on arranging of adoptions and placing...
33For section 14(1) (adoption by married couple) there shall be...
34In section 16(1)(a) (parental agreement) for the words from “in...
35In section 18(5) (effect of order freeing child for adoption)...
36In section 20(3)(c) (revocation of section 18 order) the words...
37For section 21 (transfer of parental rights and duties between...
38In section 22(4) (notification to local authority of adoption application)...
39In section 29 (return of child taken away in breach...
40In section 32 (meaning of “protected child”), at the end...
41In section 45 (adopted children register)— (a) for the words...
42In section 49 (adoption of children abroad)—
43In section 50(1) (restriction on removal of children for adoption...
44In section 53(1) (effect of determination and orders made in...
45In section 54(b) (evidence of adoption in Northern Ireland) for...
46In section 65(1) (interpretation)— (a) in the definition of “adoption...
SCHEDULE 11 Jurisdiction
Part I General
Commencement of proceedings
1(1) The Lord Chancellor may by order specify proceedings under...
Transfer of proceedings
2(1) The Lord Chancellor may by order provide that in...
Hearings by single justice
3(1) In such circumstances as the Lord Chancellor may by...
General
4(1) For the purposes of this Schedule—
Part II Consequential Amendments
The Administration of Justice Act 1964 (c. 42)
5In section 38 of the Administration of Justice Act 1964...
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
6In the Domestic Proceedings and Magistrates’ Courts Act 1978—
The Justices of the Peace Act 1979 (c. 55)
7In the Justices of the Peace Act 1979—
The Magistrates’ Courts Act 1980 (c. 43)
8In the Magistrates’ Courts Act 1980— (a) in section 65(1)...
The Supreme Court Act 1981 (c. 54)
9In paragraph 3 of Schedule 1 to the Supreme Court...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
10In section 44 of the Matrimonial and Family Proceedings Act...
The Insolvency Act 1986 (c. 45)
11(1) In section 281(5)(b) of the Insolvency Act 1986 (discharge...
SCHEDULE 12 Minor Amendments
The Custody of Children Act 1891 (c. 3)
1The Custody of Children Act 1891 (which contains miscellaneous obsolete...
The Children and Young Persons Act 1933 (c. 12)
2In section 1(2)(a) of the Children and Young Persons Act...
3Section 40 of that Act shall cease to have effect....
The Education Act 1944 (c. 31)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Marriage Act 1949 (c. 76)
5(1) In section 3 of the Marriage Act 1949 (consent...
The Births and Deaths Registration Act 1953 (c. 20)
6(1) Sections 10 and 10A of the Births and Deaths...
The Army Act 1955 (c. 18)
7In section 151 of the Army Act 1955 (deductions from...
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Air Force Act 1955 (c. 19)
9Section 151(1A) of the Air Force Act 1955 (deductions from...
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Sexual Offences Act 1956 (c. 69)
11In section 19(3) of the Sexual Offences Act 1956 (abduction...
12In section 20(2) of that Act (abduction of unmarried girl...
13In section 21(3) of that Act (abduction of defective from...
14In section 28 of that Act (causing or encouraging prostitution...
15Section 38 of that Act (power of court to divest...
16(1) In section 43 of that Act (power to search...
17After section 46 of that Act there shall be inserted—...
The Naval Discipline Act 1957 (c. 53)
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Children and Young Persons Act 1963 (c. 37)
19Section 3 of the Children and Young Persons Act 1963...
The Children and Young Persons Act 1969 (c. 54)
20In section 5 of the Children and Young Persons Act...
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22In section 12A of that Act (young offenders) for subsections...
23After that section there shall be inserted— Requirement for young...
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25. . . . . . . . . ....
26For section 23 of that Act (remand to care of...
27(1) In section 32 of that Act (detention of absentees),...
28In section 34(1) of that Act (transitional modifications of Part...
29In section 70(1) of that Act (interpretation)—
30In section 73 of that Act (extent, etc.)—
The Matrimonial Causes Act 1973 (c. 18)
31For section 41 of the Matrimonial Causes Act 1973 (restrictions...
32In section 42 of that Act, subsection (3) (declaration by...
33In section 52(1) of that Act (interpretation), in the definition...
The National Health Service Act 1977 (c. 49)
34In Schedule 8 to the National Health Service Act 1977...
The Child Care Act 1980 (c. 5)
35Until the repeal of the Child Care Act 1980 by...
The Education Act 1981 (c. 60)
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Child Abduction Act 1984 (c. 37)
37(1) Section 1 of the Child Abduction Act 1984 (offence...
38(1) In section 2 of that Act (offence of abduction...
39At the end of section 3 of that Act (construction...
40(1) The Schedule to that Act (modifications of section 1...
The Foster Children (Scotland) Act 1984 (c. 56)
41In section 1 of the Foster Children (Scotland) Act 1984...
42In section 2(2) of that Act (exceptions to section 1),...
43In section 7(1) of that Act (persons disqualified from keeping...
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
44In section 2(5) of the Disabled Persons (Services, Consultation and...
The Legal Aid Act 1988 (c. 34)
45In paragraph 2 of Part I of Schedule 2 to...
SCHEDULE 13 Consequential Amendments
The Wills Act 1837 (c. 26)
1In section 1 of the Wills Act 1837 (interpretation), in...
The Children and Young Persons Act 1933 (c. 12)
2In section 1(1) of the Children and Young Persons Act...
3In the following sections of that Act—
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5For section 17 of that Act (interpretation of Part I)...
6(1) In section 34 of that Act (attendance at court...
7In section 107(1) of that Act (interpretation)—
The Education Act 1944 (c. 31)
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9In section 71 of that Act (complaints with respect to...
10After section 114(1C) of that Act (interpretation) there shall be...
The National Assistance Act 1948 (c. 29)
11(1) In section 21(1)(a) of the National Assistance Act 1948...
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
12For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection...
The Mines and Quarries Act 1954 (c. 70)
13In section 182(1) of the Mines and Quarries Act 1954...
The Administration of Justice Act 1960 (c. 65)
14In section 12 of the Administration of Justice Act 1960...
The Factories Act 1961 (c. 34)
15In section 176(1) of the Factories Act 1961 (interpretation), in...
The Criminal Justice Act 1967 (c. 80)
16In section 67(1A)(c) of the Criminal Justice Act 1967 (computation...
The Health Services and Public Health Act 1968 (c. 46)
17(1) In section 64(3)(a) of the Health Services and Public...
The Social Work (Scotland) Act 1968 (c. 49)
18In section 2(2) of the Social Work (Scotland) Act 1968...
19In section 5(2)(c) of that Act (power of Secretary of...
20In section 21(3) of that Act (mode of provision of...
21In section 74(6) of that Act (parent of child in...
22In section 75(2) of that Act (parent of child subject...
23In section 86(3) of that Act (meaning of ordinary residence...
The Civil Evidence Act 1968 (c. 64)
24. . . . . . . . . ....
The Administration of Justice Act 1970 (c. 31)
25. . . . . . . . . ....
The Local Authority Social Services Act 1970 (c. 42)
26(1) In Schedule 1 to the Local Authority Social Services...
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
27After section 28 of the Chronically Sick and Disabled Persons...
The Courts Act 1971 (c. 23)
28In Part I of Schedule 9 to the Courts Act...
The Attachment of Earnings Act 1971 (c. 32)
29In Schedule 1 to the Attachment of Earnings Act 1971...
The Tribunals and Inquiries Act 1971 (c. 62)
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Act 1972 (c. 70)
31(1) In section 102(1) of the Local Government Act 1972...
The Employment of Children Act 1973 (c. 24)
32(1) In section 2 of the Employment of Children Act...
The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
33(1) In Schedule 1 to the Domicile and Matrimonial Proceedings...
The Powers of Criminal Courts Act 1973 (c. 62)
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rehabilitation of Offenders Act 1974 (c. 53)
35(1) Section 7(2) of the Rehabilitation of Offenders Act 1974...
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
36For section 8 of the Domestic Proceedings and Magistrates’ Courts...
37In section 19(3A)(b) (interim orders) for the words “subsections (2)...
38For section 20(12) of that Act (variation and revocation of...
39(1) For section 20A of that Act (revival of orders...
40. . . . . . . . . ....
41(1) In section 25 of that Act (effect on certain...
42In section 29(5) of that Act (appeals) for the words...
43In section 88(1) of that Act (interpretation)—
The Magistrates’ Courts Act 1980 (c. 43)
44(1) In section 59(2) of the Magistrates’ Courts Act 1980...
The Supreme Court Act 1981 (c. 54)
45(1) In section 18 of the Supreme Court Act 1981...
The Armed Forces Act 1981 (c. 55)
46In section 14 of the Armed Forces Act 1981 (temporary...
The Civil Jurisdiction and Judgments Act 1982 (c. 27)
47In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction...
The Mental Health Act 1983 (c. 20)
48(1) For section 27 of the Mental Health Act 1983...
The Registered Homes Act 1984 (c. 23)
49(1) In section 1(5) of the Registered Homes Act 1984...
The Mental Health (Scotland) Act 1984 (c. 36)
50For section 54 of the Mental Health (Scotland) Act 1984...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
51In section 38(2)(b) of the Matrimonial and Family Proceedings Act...
The Police and Criminal Evidence Act 1984 (c. 60)
52In section 37(14) of the Police and Criminal Evidence Act...
53(1) In section 38 of that Act (duties of custody...
54In section 39(4) of that Act (responsibilities in relation to...
55In Schedule 2 to that Act (preserved powers of arrest)...
The Surrogacy Arrangements Act 1985 (c. 49)
56In section 1(2)(b) of the Surrogacy Arrangements Act 1985 (meaning...
The Child Abduction and Custody Act 1985 (c. 60)
57(1) In section 9(a) and 20(2)(a) of the Child Abduction...
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
58In section 1(3) of the Disabled Persons (Services, Consultation and...
59(1) Section 2 of that Act (circumstances in which authorised...
60In section 5(7)(b) of that Act (disabled persons leaving special...
61(1) In section 16 of that Act (interpretation) in the...
The Family Law Act 1986 (c. 55)
62(1) The Family Law Act 1986 shall be amended as...
63(1) In section 1 (orders to which Part I of...
64For section 2 there shall be substituted the following sections—...
65(1) In section 3 (habitual residence or presence of child...
66(1) In section 6 (duration and variation of Part I...
67For section 7 (interpretation of Chapter II) there shall be...
68In each of the following sections— (a) section 11(2)(a) (provisions...
69In each of the following sections— (a) section 19(2) (jurisdiction...
70In section 34(3) (power to order recovery of child) for...
71(1) In section 42 (general interpretation of Part I), in...
The Local Government Act 1988 (c. 9)
72In Schedule 1 to the Local Government Act 1988 (competition)...
Amendments of local Acts
73(1) Section 16 of the Greater London Council (General Powers)...
74(1) Section 10(2) of the Greater London Council (General Powers)...
SCHEDULE 14 Transitionals and Savings
Pending proceedings, etc.
1(1) Subject to sub-paragraphs (1A) and (4), nothing in any...
2Where, immediately before the day on which Part IV comes...
CUSTODY ORDERS, ETC.
Cessation of declarations of unfitness, etc.
3Where, immediately before the day on which Parts I and...
The Family Law Reform Act 1987 (c. 42)
Conversion of orders under section 4
4Where, immediately before the day on which Parts I and...
Orders to which paragraphs 6 to 11 apply
5(1) In paragraphs 6 to 11 “an existing order” means...
Parental responsibility of parents
6(1) Where— (a) a child’s father and mother were married...
Persons who are not parents but who have custody or care and control
7(1) Where a person who is not the parent or...
Persons who have care and control
8(1) Sub-paragraphs (2) to (6) apply where a person has...
Persons who have access
9(1) Sub-paragraphs (2) to (4) apply where a person has...
Enforcement of certain existing orders
10(1) Sub-paragraph (2) applies in relation to any existing order...
Discharge of existing orders
11(1) The making of a residence order or a care...
GUARDIANS
Existing guardians to be guardians under this Act
12(1) Any appointment of a person as guardian of a...
Appointment of guardian not yet in effect
13Any appointment of a person to be a guardian of...
Persons deemed to be appointed as guardians under existing wills
14For the purposes of the Wills Act 1837 and of...
CHILDREN IN CARE
Children in compulsory care
15(1) Sub-paragraph (2) applies where, immediately before the day on...
Modifications
16(1) Sub-paragraph (2) only applies where a person who is...
Cessation of wardship where ward in care
16A(-) Where a child who is a ward of court...
Children placed with parent etc. while in compulsory care
17(1) This paragraph applies where a child is deemed by...
Orders for access to children in compulsory care
18(1) This paragraph applies to any access order—
18A(1) This paragraph applies to any decision of a local...
19(1) This paragraph applies where, immediately before the commencement of...
Children in voluntary care
20(1) This paragraph applies where, immediately before the day on...
Boarded out children
21(1) Where, immediately before the day on which Part III...
Children in care to qualify for advice and assistance
22Any reference in Part III to a person qualifying for...
Emigration of children in care
23Where— (a) the Secretary of State has received a request...
Contributions for maintenance of children in care
24(1) Where, immediately before the day on which Part III...
SUPERVISION ORDERS
25(1) This paragraph applies to any supervision order—
Other supervision orders
26(1) This paragraph applies to any order for the supervision...
Place of safety orders
27(1) This paragraph applies to— (a) any order or warrant...
Recovery of children
28The repeal by this Act of subsection (1) of section...
29(1) This paragraph applies where— (a) a summons has been...
30The amendment by paragraph 27 of Schedule 12 of section...
Voluntary organisations: Parental rights resolutions
31(1) This paragraph applies to a resolution—
Foster children
32(1) This paragraph applies where— (a) immediately before the commencement...
Nurseries and child minding
33(1) Sub-paragraph (2) applies where, immediately before the commencement of...
34(1) Sub-paragraph (2) applies where, immediately before the commencement of...
Children accommodated in certain establishments
35In calculating, for the purposes of section 85(1)(a) or 86(1)(a),...
Criminal care orders
36(1) This paragraph applies where, immediately before the commencement of...
MISCELLANEOUS
Consents under the Marriage Act 1949 (c. 76)
37(1) In the circumstances mentioned in sub-paragraph (2), section 3...
The Children Act 1975 (c. 72)
38The amendments of other enactments made by the following provisions...
The Child Care Act 1980 (c. 5)
39The amendment made to section 106(2)(a) of the Children and...
Legal aid
40The Lord Chancellor may by order make such transitional and...
SCHEDULE 15 Repeals

Royal arms

Children Act 1989

1989 CHAPTER 41

An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—