Children Act 1989

42 [F1 Right of officer of the Service to have access to local authority records] E+W

(1) Where [F2 an officer of the Service][F3 or Welsh family proceedings officer] has been appointed [F4 under section 41] he shall have the right at all reasonable times to examine and take copies of—

(a) any records of, or held by, a local authority [F5 or an authorised person]which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; F6 . . .

(b) any F6 . . . records of, or held by, a local authority which were compiled in connection with any functions which [F7 are social services functions within the meaning of] the M1 Local Authority Social Services Act 1970, so far as those records relate to that child.

[F8 ; or

(c) any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.]

(2) Where [F9 an officer of the Service][F3 or Welsh family proceedings officer] takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—

(a) report which he makes to the court in the proceedings in question; or

(b) evidence which he gives in those proceedings.

(3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.

[F10 (4) In this section “authorised person” has the same meaning as in section 31.]

Textual Amendments

F1 S. 42 sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch.7 Pt. II para. 92(c); S.I. 2001/919, art. 2(f)(ii)

F2 Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, 80, Sch. 7 Pt. II para. 92(a)(i); S.I. 2001/919, art. 2(f)(ii)

F3 Words in s. 42(1)(2) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 10; S.I. 2005/700, art. 2(2)

F4 Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(a)(ii); S.I. 2001/919, art. 2(f)(ii)

F5 Words in s. 42(1)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(2); S.I. 1991/1883, art. 3, Sch.

F6 Words in s. 42(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.

F7 Words in s. 42(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 20; S.I. 2000/2849, art. 2(f)

F8 S. 42(1)(c) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, Sch. 16 para. 18(3); S.I. 1991/1883, art. 3, Sch.

F9 Words in s. 42(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(b); S.I. 2001/919, art. 2(f)(ii)

F10 S. 42(4) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(4); S.I. 1991/1883, art. 3, Sch.

Commencement Information

I1 S. 42 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1970 c. 42.