Children Act 1989

27 (1) This paragraph applies to— E+W

(a) any order or warrant authorising the removal of a child to a place of safety which—

(i) was made, or issued, under any of the enactments mentioned in sub-paragraph (2); and

(ii) was in force immediately before the commencement of Part IV; and

(b) any interim order made under section 23(5) of the Children M1 and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act M2 1969.

(2) The enactments are—

(a) section 40 of the M3 Children and Young Persons Act 1933 (warrant to search for or remove child);

(b) section 28(1) of the M4 Children and Young Persons Act 1969 (detention of child in place of safety);

(c) section 34(1) of the M5 Adoption Act 1976 (removal of protected children from unsuitable surroundings);

(d) section 12(1) of the M6 Foster Children Act 1980 (removal of foster children kept in unsuitable surroundings).

(3) The order or warrant shall continue to have effect as if this Act had not been passed.

(4) Any enactment repealed by this Act shall continue to have effect in relation to the order or warrant so far as is necessary for the purposes of securing that the effect of the order is what it would have been had this Act not been passed.

(5) Sub-paragraph (4) does not apply to the power to make an interim order or further interim order given by section 23(5) of the M7 Children and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act 1969.

(6) Where, immediately before section 28 of the Children and Young Persons Act 1969 is repealed by this Act, a child is being detained under the powers granted by that section, he may continue to be detained in accordance with that section but subsection (6) shall not apply.

Commencement Information

I1 Sch. 14 para. 27 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1963 c. 37.

M2 1969 c. 54.

M3 1933 c. 12.

M4 1969 c. 54.

M5 1976 c. 36.

M6 1980 c. 6.

M7 1963 c. 37.