Children Act 1989

15(1)Sub-paragraph (2) applies where, immediately before the day on which Part IV comes into force, a person was—E+W

(a)in care by virtue of—

(i)a care order under section 1 of the M1Children and Young Persons Act 1969;

(ii)a care order under section 15 of that Act, on discharging a supervision order made under section 1 of that Act; or

(iii)an order or authorisation under section 25 or 26 of that Act;

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in care—

(i)under section 2 of the M2Child Care Act 1980; or

(ii)by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of a child in care under section 2 to include children in care under section 1 of the M3Children Act 1948),

and a child in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force;

(d)a child in respect of whom a resolution had been passed under section 65 of the Child Care Act 1980;

(e)in care by virtue of an order under—

(i)section 2(1)(e) of the M4Matrimonial Proceedings (Magistrates’ Courts) Act 1960;

(ii)section 7(2) of the M5Family Law Reform Act 1969;

(iii)section 43(1) of the M6Matrimonial Causes Act 1973; or

(iv)section 2(2)(b) of the M7Guardianship Act 1973;

(v)section 10 of the M8Domestic Proceedings and Magistrates’ Courts Act 1978,

(orders having effect for certain purposes as if the child had been received into care under section 2 of the Child Care Act 1980);

(f)in care by virtue of an order made, on the revocation of a custodianship order, under section 36 of the M9Children Act 1975; F2. . .

(g)in care by virtue of an order made, on the refusal of an adoption order, under section 26 of the M10Adoption Act 1976 or any order having effect (by virtue of paragraph 1 of Schedule 2 to that Act) as if made under that section.

[F3; or—

(h)in care by virtue of an order of the court made in the exercise of the High Court’s inherent jurisdiction with respect to children,]

(2)Where this sub-paragraph applies, then, on and after the day on which Part IV commences—

(a)the order or resolution in question shall be deemed to be a care order;

(b)the authority in whose care the person was immediately before that commencement shall be deemed to be the authority designated in that deemed care order; and

(c)any reference to a child in the care of a local authority shall include a reference to a person who is the subject of such a deemed care order,

and the provisions of this Act shall apply accordingly, subject to paragraph 16.

Textual Amendments

Commencement Information

I1Sch. 14 para. 15 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations