SCHEDULE 1MODIFICATIONS: GENERAL
PART 2Modification of Statutory Instruments
The Children (Reciprocal Enforcement of Prescribed Orders etc. (England, Wales and Northern Ireland)) (Scotland) Regulations 199614
1
The Children (Reciprocal Enforcement of Prescribed Orders etc. (England, Wales and Northern Ireland)) (Scotland) Regulations 199641 are amended as follows.
2
In regulation 1 (interpretation)—
a
in paragraph (2)—
i
omit the definition of “the Act”;
ii
omit the definition of “the 1969 Act”;
iii
omit the definition of “the Northern Ireland 1968 Act”;
iv
omit the definition of “the 1950 Act”;
v
for the definition of “authority” substitute—
vi
in the definition of “corresponding England and Wales Order” omit “supervision requirement or”;
vii
in the definition of “corresponding Northern Ireland Order” omit “supervision requirement or”; and
viii
omit the definition of “supervision requirement”;
b
in paragraph (4), for “regulations 2 and 4” substitute “regulation 4”; and
c
in paragraph (5), for “regulations 3 and 5” substitute “regulation 5”.
3
Omit regulations 2 (transfer of care etc. orders from England and Wales to Scotland) and 3 (transfer of care etc. orders from Northern Ireland to Scotland) and Schedules 1, 2 and 3.
4
In regulation 4 (the title of which becomes “Transfer of permanence orders from Scotland to England and Wales”)—
a
for paragraph (1) substitute—
1
A permanence order, as described and listed in column 1 of Schedule 4 (appearing to the Secretary of State as generally corresponding in effect to a care order as described and listed in column 2 of that Schedule) shall, in the circumstances described in paragraphs (2) and (3) have effect for all the purposes of the 1989 Act as if it were a care order made under the 1989 Act placing the child in the care of the local authority in whose area the child is to live.
b
in paragraph (2) omit sub-paragraph (a);
c
in paragraph (3) omit “, supervision or education supervision”, “through the Principal Reporter in the case of a supervision requirement, or, in the case of a permanence order” and “supervision requirement or”; and
d
in paragraph (4) omit “supervision requirements and”.
5
In regulation 5 (the title of which becomes “Transfer of permanence orders from Scotland to Northern Ireland”)—
a
for paragraph (1) substitute—
1
A permanence order, as described and listed in column 1 of Schedule 5 (appearing to the Secretary of State as generally corresponding in effect to a care order as described and listed in column 2 of that Schedule) shall, in the circumstances described in paragraphs (2) and (3) have effect for all the purposes of the 1995 Order as if it were a care order made under the 1995 Order placing the child in the care of the authority in whose area the child is to live.
b
in paragraph (2) omit sub-paragraph (a);
c
in paragraph (3) omit “, supervision or education supervision, probation or training”, “through the Principal Reporter in the case of a supervision requirement, or, in the case of a permanence order” and “supervision requirement or”; and
d
in paragraph (4) omit “supervision requirements and”.
6
In Schedule 4 omit all but paragraph 6 in columns 1 and 2 (C. court orders and family court orders).
7
In Schedule 5 omit all but paragraph 6 in columns 1 and 2 (C. court orders and the Children (Northern Ireland) Order 1995).