http://www.legislation.gov.uk/id/uksi/2010/2955

PART 12CHILDREN PROCEEDINGS EXCEPT PARENTAL ORDER PROCEEDINGS AND PROCEEDINGS FOR APPLICATIONS IN ADOPTION, PLACEMENT AND RELATED PROCEEDINGS

CHAPTER 1INTERPRETATION AND APPLICATION OF THIS PART

Interpretation12.2.

In this Part—

“the 2006 Act” means the Childcare Act 2006 M1;

F1“activity condition” has the meaning given to it by section 11C(2) of the 1989 Act;”

F1“activity direction” has the meaning given to it by section 11A(3) of the 1989 Act;

“advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

“care proceedings” means proceedings for a care order under section 31(1)(a) of the 1989 Act;

F2“Case Management Order” means an order in the form referred to in Practice Direction 12A;

“child assessment order” has the meaning assigned to it by section 43(2) of the 1989 Act;

F3...

“contribution order” has the meaning assigned to it by paragraph 23(2) of Schedule 2 to the 1989 Act;

“education supervision order” has the meaning assigned to it by section 36(2) of the 1989 Act;

“emergency proceedings” means proceedings for—

(a)

the disclosure of information as to the whereabouts of a child under section 33 of the 1986 Act M2;

(b)

an order authorising the taking charge of and delivery of a child under section 34 of the 1986 Act M3;

(c)

an emergency protection order;

(d)

an order under section 44(9)(b) of the 1989 Act varying a direction in an emergency protection order given under section 44(6) of that Act;

(e)

an order under section 45(5) of the 1989 Act extending the period during which an emergency protection order is to have effect;

(f)

an order under section 45(8) of the 1989 Act discharging an emergency protection order;

(g)

an order under section 45(8A) of the 1989 M4 Act varying or discharging an emergency protection order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

(h)

an order under section 45(8B) of the 1989 Act M5 varying or discharging an emergency protection order in so far as it confers a power of arrest attached to an exclusion requirement;

(i)

warrants under sections 48(9) and 102(1) of the 1989 Act and under section 79 of the 2006 Act M6; or

(j)

a recovery order under section 50 of the 1989 Act M7;

“emergency protection order” means an order under section 44 of the 1989 Act;

“enforcement order” has the meaning assigned to it by section 11J(2) of the 1989 Act;

“financial compensation order” means an order made under section 11O(2) of the 1989 Act;

“interim order” means an interim care order or an interim supervision order referred to in section 38(1) of the 1989 Act;

F4“Part 4 proceedings” means proceedings for—

(a)

a care order, or the discharge of such an order, under section 39(1) of the 1989 Act;

(b)

an order giving permission to change a child’s surname or remove a child from the United Kingdom under section 33(7) of the 1989 Act;

(c)

a supervision order, the discharge or variation of such an order under section 39(2) of the 1989 Act, or the extension of such an order under paragraph 6(3) of Schedule 3 to that Act;

(d)

an order making provision regarding contact under section 34(2) to (4) of the 1989 Act or an order varying or discharging such an order under section 34(9) of that Act;

(e)

an education supervision order, the extension of an education supervision order under paragraph 15(2) of Schedule 3 to the 1989 Act, or the discharge of such an order under paragraph 17(1) of Schedule 3 to that Act;

(f)

an order varying directions made with an interim care order or interim supervision order under section 38(8)(b) of the 1989 Act;

(g)

an order under section 39(3) of the 1989 Act varying a supervision order in so far as it affects a person with whom the child is living but who is not entitled to apply for the order to be discharged;

(h)

an order under section 39(3A) of the 1989 Act varying or discharging an interim care order in so far as it imposes an exclusion requirement on a person who is not entitled to apply for the order to be discharged;

(i)

an order under section 39(3B) of the 1989 Act varying or discharging an interim care order in so far as it confers a power of arrest attached to an exclusion requirement; or

(j)

the substitution of a supervision order for a care order under section 39(4) of the 1989 Act;

“private law proceedings” means proceedings for—

(a)

F5a section 8 order except a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;

(b)

a parental responsibility order under sections 4(1)(c) M8, 4ZA(1)(c) M9 or 4A(1)(b) of the 1989 Act M10 or an order terminating parental responsibility under sections 4(2A), 4ZA(5) or 4A(3) of that Act;

(c)

an order appointing a child's guardian under section 5(1) of the 1989 Act or an order terminating the appointment under section 6(7) of that Act;

(d)

an order giving permission to change a child's surname or remove a child from the United Kingdom under sections 13(1) or 14C(3) of the 1989 Act;

(e)

a special guardianship order except where that order relates to a child who is subject of a care order;

(f)

an order varying or discharging such an order under section 14D of the 1989 Act M11;

(g)

an enforcement order;

(h)

a financial compensation order;

(i)

an order under paragraph 9 of Schedule A1 to the 1989 Act following a breach of an enforcement order;

(j)

an order under Part 2 of Schedule A1 to the 1989 Act revoking or amending an enforcement order; or

(k)

an order that a warning notice be attached to a F6child arrangements order;

“public law proceedings” means F7Part 4 proceedings and proceedings for—

(a)

F8a child arrangements order to which section 9(6B) of the 1989 Act applies with respect to a child who is in the care of a local authority;

(b)

a special guardianship order relating to a child who is the subject of a care order;

(c)

a secure accommodation order under section 25 of the 1989 Act M12;

(d)

F9...

(e)

a child assessment order, or the variation or discharge of such an order under section 43(12) of the 1989 Act;

(f)

an order permitting the local authority to arrange for any child in its care to live outside England and Wales under paragraph 19(1) of Schedule 2 to the 1989 Act;

(g)

a contribution order, or revocation of such an order under paragraph 23(8) of Schedule 2 to the 1989 Act;

(h)

an appeal under paragraph 8(1) of Schedule 8 to the 1989 Act;

“special guardianship order” has the meaning assigned to it by section 14A(1) of the 1989 Act M13;

“supervision order” has the meaning assigned to it by section 31(11) of the 1989 Act;

“supervision proceedings” means proceedings for a supervision order under section 31(1)(b) of the 1989 Act;

“warning notice” means a notice attached to an order pursuant to section 8(2) of the Children and Adoption Act 2006.

(The 1980 Hague Convention, the 1996 Hague Convention, the Council Regulation, and the European Convention are defined in rule 2.3.)