Criminal Justice and Immigration Act 2008

Valid from 01/04/2009

125 Parenting contracts and parenting orders: local authorities E+W

(1) Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.

(2) In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—

“(aa) a district council in England;”.

(3) In section 26B (parenting orders: registered social landlords)—

(a) in subsection (8), after “the local authority” insert “ (or, if subsection (8A) applies, each local authority) ”;

(b) after that subsection insert—

“(8A) This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.”;

(c) in subsection (10)(a), after “the local authority” insert “ (or authorities) ”.

(4) In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

“(3A) Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—

(a) the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority's area;

(b) the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;

(c) the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.

(3B) For the purposes of subsection (3A)(b) and (c)—

(a) an individual's local authority is the local authority in whose area the individual resides or appears to reside; but

(b) if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual's local authority is to be read as a reference to either of those authorities.”