Legalize / United Kingdom / Public General Act

Children Act 1989

Type Public General Act

Publication 1989-11-16

Last updated 2026-08-27

State In force

Department Statute Law Database

Source legislation.gov.uk

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An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

Reform history JSON API

(a) failed to reach any agreement with the local authority as mentioned in paragraph 22(7) within the period of one month beginning with the day on which the contribution notice was served; or

(b) served a notice under paragraph 22(8) withdrawing his agreement,

the authority may apply to the court for an order under this paragraph.

(2) On such an application the court may make an order (“a contribution order") requiring the contributor to contribute a weekly sum towards the child’s maintenance in accordance with arrangements for payment specified by the court.

(3) A contribution order—

(a) shall not specify a weekly sum greater than that specified in the contribution notice; and

(b) shall be made with due regard to the contributor’s means.

(4) A contribution order shall not—

(a) take effect before the date specified in the contribution notice; or

(b) have effect while the contributor is not liable to contribute (by virtue of paragraph 21); or

(5) An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which they have withdrawn.

(6) Where—

(a) a contribution order is in force;

(b) the authority serve another contribution notice; and

(c) the contributor and the authority reach an agreement under paragraph 22(7) in respect of that other contribution notice,

the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect.

(7) Where an agreement is reached under sub-paragraph (6) the authority shall notify the court—

(a) of the agreement; and

(b) of the date on which it took effect.

(8) A contribution order may be varied or revoked on the application of the contributor or the authority.

(9) In proceedings for the variation of a contribution order, the authority shall specify—

(a) the weekly sum which, having regard to paragraph 22, they propose that the contributor should contribute under the order as varied; and

(b) the proposed arrangements for payment.

(10) Where a contribution order is varied, the order—

(a) shall not specify a weekly sum greater than that specified by the authority in the proceedings for variation; and

(b) shall be made with due regard to the contributor’s means.

(11) An appeal shall lie in accordance with rules of court from any order made under this paragraph.

Enforcement of contribution orders etc.

24

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may—

(a) at the request of the local authority who served the contribution notice; and

(b) subject to agreement as to any sum to be deducted in respect of services rendered,

collect from the contributor any contributions due on behalf of the authority who served the notice.

(3) In sub-paragraph (2) the reference to any other local authority includes a reference to—

(aa) a local authority in Wales;

(a) a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968; and

(b) a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).

(4) The power to collect sums under sub-paragraph (2) includes the power to—

(a) receive and give a discharge for any contributions due; and

(b) (if necessary) enforce payment of any contributions,

even though those contributions may have fallen due at a time when the contributor was living elsewhere.

(5) Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice.

(6) In any proceedings under this paragraph, a document which purports to be—

(a) a copy of an order made by a court under or by virtue of paragraph 23; and

(b) certified as a true copy by the designated officer for the court,

shall be evidence of the order.

(7) In any proceedings under this paragraph, a certificate which—

(a) purports to be signed by the clerk or some other duly authorised officer of the local authority who obtained the contribution order; and

(b) states that any sum due to the authority under the order is overdue and unpaid,

shall be evidence that the sum is overdue and unpaid.

Regulations

25

The Secretary of State may make regulations—

(a) as to the considerations which a local authority must take into account in deciding—

(i) whether it is reasonable to recover contributions; and

(ii) what the arrangements for payment should be;

(b) as to the procedures they must follow in reaching agreements with—

(i) contributors (under paragraphs 22 and 23); and

(ii) any other local authority under paragraph 24(2).

SCHEDULE 3 — Supervision Orders

Part I — General

Meaning of “responsible person"

1

In this Schedule, “the responsible person”, in relation to a supervised child, means—

(a) any person who has parental responsibility for the child; and

(b) any other person with whom the child is living.

Power of supervisor to give directions to supervised child

2

(1) A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things—

(a) to live at a place or places specified in the directions for a period or periods so specified;

(b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(2) It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives.

(3) Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5).

Imposition of obligations on responsible person

3

(1) With the consent of any responsible person, a supervision order may include a requirement—

(a) that he take all reasonable steps to ensure that the supervised child complies with any direction given by the supervisor under paragraph 2;

(b) that he take all reasonable steps to ensure that the supervised child complies with any requirement included in the order under paragraph 4 or 5;

(c) that he comply with any directions given by the supervisor requiring him to attend at a place specified in the directions for the purpose of taking part in activities so specified.

(2) A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him.

(3) A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s.

Psychiatric and medical examinations

4

(1) A supervision order may require the supervised child—

(a) to submit to a medical or psychiatric examination; or

(b) to submit to any such examination from time to time as directed by the supervisor.

(2) Any such examination shall be required to be conducted—

(a) by, or under the direction of, such registered medical practitioner as may be specified in the order;

(b) at a place specified in the order and at which the supervised child is to attend as a non-resident patient; or

(i) a health service hospital; or

(ii) in the case of a psychiatric examination, a hospital , independent hospital or care home,

at which the supervised child is, or is to attend as, a resident patient.

(3) A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be included unless the court is satisfied, on the evidence of a registered medical practitioner, that—

(a) the child may be suffering from a physical or mental condition that requires, and may be susceptible to, treatment; and

(b) a period as a resident patient is necessary if the examination is to be carried out properly.

(4) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied that—

(a) where the child has sufficient understanding to make an informed decision, he consents to its inclusion; and

(b) satisfactory arrangements have been, or can be, made for the examination.

Psychiatric and medical treatment

5

(1) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the supervised child—

(a) is such as requires, and may be susceptible to, treatment; but

(b) is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act,

the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

(2) The treatment specified in accordance with sub-paragraph (1) must be—

(a) by, or under the direction of, such registered medical practitioner as may be specified in the order;

(b) as a non-resident patient at such a place as may be so specified; or

(3) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified.

(4) The treatment specified in accordance with sub-paragraph (3) must be—

(a) by, or under the direction of, such registered medical practitioner as may be specified in the order;

(b) as a non-resident patient at such place as may be so specified; or

(5) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied—

(a) where the child has sufficient understanding to make an informed decision, that he consents to its inclusion; and

(b) that satisfactory arrangements have been, or can be, made for the treatment.

(6) If a medical practitioner by whom or under whose direction a supervised person is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that—

(a) the treatment should be continued beyond the period specified in the order;

(b) the supervised child needs different treatment;

(d) he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor.

(7) On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement.

Part II — Miscellaneous

Life of supervision order

6

(1) Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made.

(2) A supervision order shall also cease to have effect if an event mentioned in section 25(1)(a) or (b) of the Child Abduction and Custody Act 1985 (termination of existing orders) occurs with respect to the child.

(3) Where the supervisor applies to the court to extend, or further extend, a supervision order the court may extend the order for such period as it may specify.

(4) A supervision order may not be extended so as to run beyond the end of the period of three years beginning with the date on which it was made.

Limited life of directions

7

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Information to be given to supervisor etc.

8

(1) A supervision order may require the supervised child—

(a) to keep the supervisor informed of any change in his address; and

(b) to allow the supervisor to visit him at the place where he is living.

(2) The responsible person in relation to any child with respect to whom a supervision order is made shall—

(a) if asked by the supervisor, inform him of the child’s address (if it is known to him); and

(b) if he is living with the child, allow the supervisor reasonable contact with the child.

Selection of supervisor

9

(1) A supervision order shall not designate a local authority as the supervisor unless—

(a) the authority agree; or

(b) the supervised child lives or will live within their area.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of supervision order on earlier orders

10

The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which—

(a) was made with respect to that child; and

(b) would otherwise continue in force.

Local authority functions and expenditure

11

(1) The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their supervision by a supervision order.

(2) Where a supervision order requires compliance with directions given by virtue of this section, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority designated in the order.

Part III — Education supervision orders

Effect of orders

12

(1) Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor—

(a) to advise, assist and befriend, and give directions to—

(i) the supervised child; and

(ii) his parents,

in such a way as will, in the opinion of the supervisor, secure that he is properly educated;

(b) where any such directions given to—

(i) the supervised child; or

(ii) a parent of his,

have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Act.

(2) Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a) the child; and

(b) his parents,

including, in particular, their wishes as to the place at which the child should be educated.

(3) When settling the terms of any such directions, the supervisor shall give due consideration—

(a) having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and

(b) to such wishes and feelings of the child’s parents as he has been able to ascertain.

(4) Directions may be given under this paragraph at any time while the education supervision order is in force.

13

(1) Where an education supervision order is in force with respect to a child, the duties of the child’s parents under sections 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.

(2) Where an education supervision order is made with respect to a child—

(a) any school attendance order—

(i) made under section 437 of the Education Act 1996 with respect to the child; and

(ii) in force immediately before the making of the education supervision order,

shall cease to have effect; and

(b) while the education supervision order remains in force, the following provisions shall not apply with respect to the child—

(i) section 437 of that Act (school attendance orders);

(ii) section 9 of that Act (pupils to be educated in accordance with wishes of their parents);

(iii) sections 411 and 423 of that Act (parental preference and appeals against admission decisions);

(c) a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);

(d) any education requirement of a kind mentioned in paragraph (c), which was in force with respect to the child immediately before the making of the education supervision order, shall cease to have effect.

Effect where child also subject to supervision order

14

(1) This paragraph applies where an education supervision order and a supervision order, or youth rehabilitation order (within the meaning given by section 173 of the Sentencing Code), are in force at the same time with respect to the same child.

(2) Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction or instruction given under the other order.

Duration of orders

15

(1) An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.

(2) An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force.

(3) Such an application may not be made earlier than three months before the date on which the order would otherwise expire.

(4) The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion.

(5) No one extension may be for a period of more than three years.

(6) An education supervision order shall cease to have effect on—

(a) the child’s ceasing to be of compulsory school age; or

(b) the making of a care order with respect to the child;

and sub-paragraphs (1) to (4) are subject to this sub-paragraph.

Information to be given to supervisor etc.

16

(1) An education supervision order may require the child—

(a) to keep the supervisor informed of any change in his address; and

(b) to allow the supervisor to visit him at the place where he is living.

(2) A person who is the parent of a child with respect to whom an education supervision order has been made shall—

(a) if asked by the supervisor, inform him of the child’s address (if it is known to him); and

(b) if he is living with the child, allow the supervisor reasonable contact with the child.

Discharge of orders

17

(1) The court may discharge any education supervision order on the application of—

(a) the child concerned;

(b) a parent of his; or

(2) On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child.

Offences

18

(1) If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence.

(2) It shall be a defence for any person charged with such an offence to prove that—

(a) he took all reasonable steps to ensure that the direction was complied with;

(b) the direction was unreasonable; or

(i) a requirement included in a supervision order made with respect to the child; or

(ii) directions given under such a requirement,

and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph.

(3) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Persistent failure of child to comply with directions

19

(1) Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the local authority designated in the order shall notify the appropriate local authority, if different.

(2) Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child.

(3) In this paragraph “the appropriate local authority” has the same meaning as in section 36.

Miscellaneous

20

The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders.

Interpretation

21

In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996.).

SCHEDULE 4 — Management and Conduct of Community Homes

Part I — Instruments of Management

Instruments of management for controlled and assisted community homes

1

(1) The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any . . . home which is designated as a controlled or assisted community home.

(2) Sub-paragraph (3) applies where two or more . . . homes are designated as controlled community homes or as assisted community homes.

(3) If—

(a) those homes are, or are to be, provided by the same voluntary organisation; and

(b) the same local authority is to be represented on the body of managers for those homes,

a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them.

(4) The number of persons who, in accordance with an instrument of management, constitute the body of managers for a . . . home shall be such number (which must be a multiple of three) as may be specified in the instrument.

(5) The instrument shall provide that the local authority specified in the instrument shall appoint—

(a) in the case of a . . . home which is designated as a controlled community home, two-thirds of the managers; and

(b) in the case of a . . . home which is designated as an assisted community home, one-third of them.

(6) An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument—

(a) so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided; and

(b) for the purpose of securing that—

(i) so far as is practicable, the character of the home . . . will be preserved; and

(ii) subject to paragraph 2(3), the terms of any trust deed relating to the home are observed.

(7) An instrument of management shall come into force on such date as it may specify.

(8) If an instrument of management is in force in relation to a . . . home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation.

(9) In this paragraph—

“foundation managers”, in relation to a . . . home, means those of the managers of the home who are not appointed by a local authority in accordance with sub-paragraph (5); and

“designated” means designated in accordance with section 53.

2

(1) An instrument of management shall contain such provisions as the Secretary of State considers appropriate.

(2) Nothing in the instrument of management shall affect the purposes for which the premises comprising the home are held.

(3) Without prejudice to the generality of sub-paragraph (1), an instrument of management may contain provisions—

(a) specifying the nature and purpose of the home (or each of the homes) to which it relates;

(b) requiring a specified number or proportion of the places in that home (or those homes) to be made available to local authorities and to any other body specified in the instrument; and

(i) children placed there; or

(ii) places made available to any local authority or other body.

(4) Subject to sub-paragraphs (1) and (2), in the event of any inconsistency between the provisions of any trust deed and an instrument of management, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to the home concerned.

(5) After consultation with the voluntary organisation concerned and with the local authority specified in its instrument of management, the Secretary of State may by order vary or revoke any provisions of the instrument.

Part II — Management of Controlled and Assisted Community Homes

3

(1) The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of management.

(2) The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided.

(3) In this paragraph—

“home” means a controlled community home or (as the case may be) assisted community home; and

“the managers”, in relation to a home, means the managers constituted by its instrument of management; and

“the responsible body”, in relation to a home, means the local authority or (as the case may be) voluntary organisation responsible for its management, equipment and maintenance.

(4) The functions of a home’s responsible body shall be exercised through the managers , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person..

(5) Anything done, liability incurred or property acquired by a home’s managers shall be done, incurred or acquired by them as agents of the responsible body ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed.

(6) In so far as any matter is reserved for the decision of a home’s responsible body by—

(a) sub-paragraph (8);

(b) the instrument of management;

that matter shall be dealt with by the body and not by the managers.

(7) In dealing with any matter so reserved, the responsible body shall have regard to any representations made to the body by the managers.

(8) The employment of persons at a home shall be a matter reserved for the decision of the responsible body.

(9) Where the instrument of management of a controlled community home so provides, the responsible body may enter into arrangements with the voluntary organisation by which that home is provided whereby, in accordance with such terms as may be agreed between them and the voluntary organisation, persons who are not in the employment of the responsible body shall undertake duties at that home.

(10) Subject to sub-paragraph (11)—

(a) where the responsible body for an assisted community home proposes to engage any person to work at that home or to terminate without notice the employment of any person at that home, it shall consult the local authority specified in the instrument of management and, if that authority so direct, the responsible body shall not carry out its proposal without their consent; and

(b) that local authority may, after consultation with the responsible body, require that body to terminate the employment of any person at that home.

(11) Paragraphs (a) and (b) of sub-paragraph (10) shall not apply—

(a) in such cases or circumstances as may be specified by notice in writing given by the local authority to the responsible body; and

(b) in relation to the employment of any persons or class of persons specified in the home’s instrument of management.

(12) The accounting year of the managers of a home shall be such as may be specified by the responsible body.

(13) Before such date in each accounting year as may be so specified, the managers of a home shall submit to the responsible body estimates, in such form as the body may require, of expenditure and receipts in respect of the next accounting year.

(14) Any expenses incurred by the managers of a home with the approval of the responsible body shall be defrayed by that body.

(15) The managers of a home shall keep—

(a) proper accounts with respect to the home; and

(b) proper records in relation to the accounts.

(16) Where an instrument of management relates to more than one home, one set of accounts and records may be kept in respect of all the homes to which it relates.

Part III — Regulations

4

(1) The Secretary of State may make regulations—

(a) as to the placing of children in community homes;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — Voluntary Homes and Voluntary Organisations

Part I — Registration of Voluntary Homes

General

1

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Procedure

2

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Right to make representations

3

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Decision of Secretary of State

4

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Appeals

5

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Notification of particulars with respect to voluntary homes

6

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Part II — Regulations as to Voluntary Homes

Regulations as to conduct of voluntary homes

7

(1) The appropriate national authority may make regulations—

(a) as to the placing of children in voluntary homes;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification

8

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SCHEDULE 6 — Private Children’s Homes

Part I — Registration

Application for registration

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions imposed on registration

2

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Annual review of registration

3

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Cancellation of registration

4

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Procedure

5

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Right to make representations

6

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Decision of local authority

7

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Appeals

8

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Prohibition on further applications

9

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Part II — Regulations

10

(1) The Secretary of State may make regulations—

(a) as to the placing of children in private children’s homes;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The regulations may in particular—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(jj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) make provision similar to that made by regulations under section 26.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 — Foster Parents: Limits on Number of Foster Children

Interpretation

1

For the purposes of this Schedule, a person fosters a child if—

(a) he is a local authority foster parent in relation to the child;

(b) he is a foster parent with whom the child has been placed by a voluntary organisation; or

The usual fostering limit

2

Subject to what follows, a person may not foster more than three children (“the usual fostering limit").

Siblings

3

A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.

Exemption by local authority

4

(1) A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives.

(2) In considering whether to exempt a person, a local authority shall have regard, in particular, to—

(a) the number of children whom the person proposes to foster;

(b) the arrangements which the person proposes for the care and accommodation of the fostered children;

(d) the period of time for which he proposes to foster the children; and

(e) whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.

(3) Where a local authority exempt a person, they shall inform him by notice in writing—

(a) that he is so exempted;

(b) of the children, described by name, whom he may foster; and

(4) A local authority may at any time by notice in writing—

(a) vary or cancel an exemption; or

(b) impose, vary or cancel a condition to which the exemption is subject,

and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2).

(5) The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.

Effect of exceeding fostering limit

5

(A1) This paragraph applies to a person fostering in England.

(1) A person shall cease to be treated , for the purposes of this Act and the Care Standards Act 2000 as fostering and shall be treated , for the purposes of this Act and the Care Standards Act 2000 as carrying on a children’s home if—

(a) he exceeds the usual fostering limit; or

(b) where he is exempted under paragraph 4,—

(i) he fosters any child not named in the exemption; and

(ii) in so doing, he exceeds the usual fostering limit.

(2) Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other.

5A

(1) This paragraph applies to a person (P) fostering in Wales.

(2) Sub-paragraph (3) applies where—

(a) P exceeds the usual fostering limit and is not exempted under paragraph 4;

(b) P is exempted under paragraph 4 and exceeds the usual fostering limit by fostering a child not named in the exemption.

(3) Where this paragraph applies, P is not to be treated as fostering and is to be treated for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 as providing a care home service.

(4) But sub-paragraph (3) does not apply if the children fostered are all siblings in respect of each other.

Complaints etc.

6

(1) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph.

(2) In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph.

SCHEDULE 8 — Privately Fostered Children

Exemptions

1

A child is not a privately fostered child while he is being looked after by a local authority.

2

(1) A child is not a privately fostered child while he is in the care of any person—

(a) in premises in which any—

(i) parent of his;

(ii) person who is not a parent of his but who has parental responsibility for him; or

(iii) person who is a relative of his and who has assumed responsibility for his care,

is for the time being living;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in any school in which he is receiving full-time education;

(e) in any health service hospital;

(f) in any care home or independent hospital

(g) in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.

(2) Sub-paragraph (1)(c) to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.

3

A child is not a privately fostered child while he is in the care of any person in compliance with—

(a) a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code;

(b) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.

4

A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the Mental Health Act 1983.

5

A child is not a privately fostered child while he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—

(a) section 2 of the Adoption and Children Act 2002;

(b) section119 of the Adoption and Children (Scotland) Act 2007; or

or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).

Power of local authority to impose requirements

6

(1) Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements as to—

(a) the number, age and sex of the children who may be privately fostered by him;

(b) the standard of the accommodation and equipment to be provided for them;

(d) particular arrangements which must be made with respect to the provision of care for them,

and it shall be his duty to comply with any such requirement before the end of such period as the authority may specify unless, in the case of a proposal, the proposal is not carried out.

(2) A requirement may be limited to a particular child, or class of child.

(3) A requirement (other than one imposed under sub-paragraph (1)(a)) may be limited by the authority so as to apply only when the number of children fostered by the person exceeds a specified number.

(4) A requirement shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—

(a) the reason for imposing the requirement;

(b) his right under paragraph 8 to appeal against it; and

(5) A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement.

(6) In this Schedule—

(a) “the appropriate local authority” means—

(i) the local authority within whose area the child is being fostered; or

(ii) in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered; and

(b) “requirement”, in relation to any person, means a requirement imposed on him under this paragraph.

Regulations requiring notification of fostering etc.

7

(1) The Secretary of State may by regulations make provision as to—

(a) the circumstances in which notification is required to be given in connection with children who are, have been or are proposed to be fostered privately; and

(b) the manner and form in which such notification is to be given.

(2) The regulations may, in particular—

(a) require any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately to notify the appropriate authority;

(b) require any person who is—

(i) a parent of a child; or

(ii) a person who is not a parent of his but who has parental responsibility for a child,

and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority;

(c) require any parent of a privately fostered child, or person who is not a parent of such a child but who has parental responsibility for him, to notify the appropriate authority of any change in his address;

(d) require any person who proposes to foster a child privately, to notify the appropriate authority of his proposal;

(e) require any person who is fostering a child privately, or proposes to do so, to notify the appropriate authority of—

(i) any offence of which he has been convicted;

(ii) any disqualification imposed on him under section 68; or

(iii) any prohibition imposed on him under section 69;

(f) require any person who is fostering a child privately, to notify the appropriate authority of any change in his address;

(g) require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;

(h) require any person who has been fostering a child privately, but has ceased to do so, to notify the appropriate authority (indicating, where the child has died, that that is the reason).

7A

Every local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.

Appeals

8

(1) A person aggrieved by—

(a) a requirement imposed under paragraph 6;

(b) a refusal of consent under section 68;

(d) a refusal to cancel such a prohibition;

(e) a refusal to make an exemption under paragraph 4 of Schedule 7;

(f) a condition imposed in such an exemption; or

(g) a variation or cancellation of such an exemption,

may appeal to the court.

(2) The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.

(3) Where the appeal is against—

(a) a requirement imposed under paragraph 6;

(b) a condition of an exemption imposed under paragraph 4 of Schedule 7; or

the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.

(4) Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition—

(a) vary the requirement, or allow more time for compliance with it; or

(b) if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under paragraph 6 are complied with.

(5) Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69.

(6) Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may—

(a) make an exemption;

(b) impose a condition; or

(7) Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.

(8) Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—

(a) a person who is, or would be if exempted under Schedule 7, a local authority foster parent; or

(b) a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.

Extension of Part IX to certain school children during holidays

9

(1) Where a child under sixteen who is a pupil at a school . . . lives at the school during school holidays for a period of more than two weeks, Part IX shall apply in relation to the child as if—

(a) while living at the school, he were a privately fostered child; and

(b) paragraphs 2(1)(c) and (d) and 6 were omitted.

(2) Sub-paragraph (3) applies to any person who proposes to care for and accommodate one or more children at a school in circumstances in which some or all of them will be treated as private foster children by virtue of this paragraph.

(3) That person shall, not less than two weeks before the first of those children is treated as a private foster child by virtue of this paragraph during the holiday in question, give written notice of his proposal to the local authority within whose area the child is ordinarily resident (“the appropriate authority"), stating the estimated number of the children.

(4) A local authority may exempt any person from the duty of giving notice under sub-paragraph (3).

(5) Any such exemption may be granted for a special period or indefinitely and may be revoked at any time by notice in writing given to the person exempted.

(6) Where a child who is treated as a private foster child by virtue of this paragraph dies, the person caring for him at the school shall, not later than 48 hours after the death, give written notice of it—

(a) to the appropriate local authority; and

(b) where reasonably practicable, to each parent of the child and to every person who is not a parent of his but who has parental responsibility for him.

(7) Where a child who is treated as a foster child by virtue of this paragraph ceases for any other reason to be such a child, the person caring for him at the school shall give written notice of the fact to the appropriate local authority.

Prohibition of advertisements relating to fostering

10

No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that person’s name and address.

Avoidance of insurances on lives of privately fostered children

11

A person who fosters a child privately and for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the child.

SCHEDULE 9

Applications for registration

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification from registration

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption of certain schools

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for other establishments

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for occasional facilities

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates of registration

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees for annual inspection of premises

7

(1) Where—

(a) a person is registered under section 71, and

(b) the local authority concerned make an annual inspection of the premises in question under section 76,

they shall serve on that person a notice informing him that the inspection is to be carried out and requiring him to pay to them such fee as may be prescribed.

(2) It shall be a condition of the continued registration of that person under section 71 that the fee is so paid before the expiry of the period of twenty-eight days beginning with the date on which the inspection is carried out.

Co-operation between authorities

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9A — Child Minding and Day Care for Young Children in Wales

Exemption of certain schools

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for other establishments

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for occasional facilities

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification for registration

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of day care: unincorporated associations

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates of registration

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

... Fees

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation between authorities

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 — Amendments of Adoption Legislation

Part I — Amendments of Adoption Act 1976 (c. 36)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Amendments of Adoption (Scotland) Act 1978 (c. 28)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11 — Jurisdiction

Part I — General

Commencement of proceedings

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearings by single justice

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Consequential Amendments

The Administration of Justice Act 1964 (c. 42)

5

In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court", which is spent, shall be omitted.

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

6

In the Domestic Proceedings and Magistrates’ Courts Act 1978—

(a) for the words “domestic proceedings", whereverever they occur in section 88(1), there shall be substituted “family proceedings";

(b) for the words “domestic court panel", wherever they occur in section 16(5)(b), there shall be substituted “family panel".

The Justices of the Peace Act 1979 (c. 55)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)

8

In the Magistrates’ Courts Act 1980—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Senior Courts Act 1981 (c. 54)

9

In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end—

(e) proceedings under the Children Act 1989

The Matrimonial and Family Proceedings Act 1984 (c. 42)

10

In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance agreements) for the words “domestic proceedings", wherever they occur, there shall be substituted “ family proceedings" ”.

The Insolvency Act 1986 (c. 45)

11

(1) In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings or in domestic proceedings), the words “or in domestic proceedings” shall be omitted.

(2) In section 281(8) of that Act (interpretation), for the definitions of “domestic proceedings" and “family proceedings" there shall be substituted—

“family proceedings” means—

(a) family proceedings within the meaning of the Magistrates’ Courts Act 1980 and any proceedings which would be such proceedings but for section 65(1)(ii) of that Act (proceedings for variation of order for periodical payments); and

(b) family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

SCHEDULE 12 — Minor Amendments

The Custody of Children Act 1891 (c. 3)

1

The Custody of Children Act 1891 (which contains miscellaneous obsolete provisions with respect to the custody of children) shall cease to have effect.

The Children and Young Persons Act 1933 (c. 12)

2

In section 1(2)(a) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen), after the words “young person" there shall be inserted “ , or the legal guardian of a child or young person," ”.

3

Section 40 of that Act shall cease to have effect.

The Education Act 1944 (c. 31)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage Act 1949 (c. 76)

5

(1) In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in subsection (1) for the words “the Second Schedule to this Act" there shall be substituted “ subsection (1A) of this section" ”.

(2) After that subsection there shall be inserted—

(1A) The consents are— (a) subject to paragraphs (b) to (d) of this subsection, the consent of— (i) each parent (if any) of the child who has parental responsibility for him; and (ii) each guardian (if any) of the child; (b) where a residence order is in force with respect to the child, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection); (c) where a care order is in force with respect to the child, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection); (d) where neither paragraph (b) nor (c) of this subsection applies but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection). (1B) In this section “guardian of a child”, “parental responsibility”, “residence order” and “care order” have the same meaning as in the Children Act 1989.

The Births and Deaths Registration Act 1953 (c. 20)

6

(1) Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows.

(2) In sections 10(1) and 10A(1) for paragraph (d) there shall be substituted—

(d) at the request of the mother or that person on production of— (i) a copy of a parental responsibility agreement made between them in relation to the child; and (ii) a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of the Children Act 1989 and has not been brought to an end by an order of a court; or (e) at the request of the mother or that person on production of— (i) a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or (f) at the request of the mother or that person on production of— (i) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or (g) at the request of the mother or that person on production of— (i) a certified copy of any of the orders which are mentioned in subsection (1A) of this section which has been made in relation to the child; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court.

(3) After sections 10(1) and 10A(1) there shall be inserted—

(1A) The orders are— (a) an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child; (b) an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent; (c) an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child; (d) an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child.

(4) In section 10(2) for the words “or (d)" there shall be substituted “ to (g)" ”.

(5) In section 10(3) for the words from “ “relevant order"" to the end there shall be substituted

“parental responsibility agreement” has the same meaning as in the Children Act 1989

(6) In section 10A(2) in paragraphs (b) and (c) for the words “paragraph (d)" in both places where they occur there shall be substituted “ any of paragraphs (d) to (g)" ”.

The Army Act 1955 (c. 18)

7

In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A)(a) for the words “in the care of a local authority in England or Wales" there shall be substituted “ being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)" ”.

8

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The Air Force Act 1955 (c. 19)

9

Section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in paragraph 7 in relation to section 151(1A) of the Army Act 1955.

10

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The Sexual Offences Act 1956 (c. 69)

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12

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13

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14

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15

Section 38 of that Act (power of court to divest person of authority over girl or boy in case of incest) shall cease to have effect.

16

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17

After section 46 of that Act there shall be inserted—

(46A) In this Act “parental responsibility” has the same meaning as in the Children Act 1989.

The Naval Discipline Act 1957 (c. 53)

18

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The Children and Young Persons Act 1963 (c. 37)

19

Section 3 of the Children and Young Persons Act 1963 (children and young persons beyond control) shall cease to have effect.

The Children and Young Persons Act 1969 (c. 54)

20

In section 5 of the Children and Young Persons Act 1969 (restrictions on criminal proceedings for offences by young persons), in subsection (2), for the words “section 1 of this Act" there shall be substituted “ Part IV of the Children Act 1989" ”.

21

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22

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23

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24

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25

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26

For section 23 of that Act (remand to care of local authorities etc.) there shall be substituted—

(23) (1) Where a court— (a) remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or (b) remands a young person charged with or convicted of one or more offences or commits him for trial or sentence, and he is not released on bail, then, unless he is a young person who is certified by the court to be of unruly character, the court shall remand him to local authority accommodation. (2) A court remanding a person to local authority accommodation shall designate the authority who are to receive him and that authority shall be the authority in whose area it appears to the court that— (a) he resides; or (b) the offence or one of the offences was committed. (3) Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him. (4) The court shall not certify a young person as being of unruly character unless— (a) he cannot safely be remanded to local authority accommodation; and (b) the conditions prescribed by order made by the Secretary of State under this subsection are satisfied in relation to him. (5) Where the court certifies that a young person is of unruly character, it shall commit him— (a) to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and (b) to a prison, if it has not been so notified. (6) Where a young person is remanded to local authority accommodation, a court may, on the application of the designated authority, certify him to be of unruly character in accordance with subsection (4) of this section (and on so doing he shall cease to be remanded to local authority accommodation and subsection (5) of this section shall apply). (7) For the purposes of subsection (6) of this section, - “a court” means— (a) the court which remanded the young person; or (b) any magistrates’ court having jurisdiction in the place where that person is for the time being, and in this section “court” and “magistrates’ court” include a justice. (8) This section has effect subject to— (a) section 37 of the Magistrates’ Courts Act 1980 (committal to the Crown Court with a view to a sentence of detention in a young offender institution); and (b) section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days), but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.

27

(1) In section 32 of that Act (detention of absentees), for subsection (1A) there shall be substituted the following subsections—

(1A) If a child or young person is absent, without the consent of the responsible person— (a) from a place of safety to which he has been taken under section 16(3) of this Act; or (b) from local authority accommodation— (i) in which he is required to live under section 12AA of this Act; or (ii) to which he has been remanded under section 23(1) of this Act, he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant. (1B) A person so arrested shall be conducted to— (a) the place of safety; (b) the local authority accommodation; or (c) such other place as the responsible person may direct, at the responsible person’s expense. (1C) In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA or 23 of this Act.

(2) In subsection (2B) of that section for the words “person referred to in subsection (1A)(a) or (b) (as the case may be) of this section" there shall be substituted “ responsible person" ”.

28

In section 34(1) of that Act (transitional modifications of Part I for persons of specified ages)—

(a) in paragraph (a), for the words “13(2) or 28(4) or (5)" there shall be substituted “ or 13(2)" ”; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

In section 70(1) of that Act (interpretation)—

(a) after the definition of “local authority" there shall be inserted—

“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)

; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

In section 73 of that Act (extent, etc.)—

(a) in subsection (4)(a) for “32(1), (3) and (4)" there shall be substituted “ 32(1) to (1C) and (2A) to (4)" ”; and

(b) in subsection (6) for “32(1), (1A)" there shall be substituted “ 32(1) to (1C)" ”.

The Matrimonial Causes Act 1973 (c. 18)

31

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32

In section 42 of that Act, subsection (3) (declaration by court that party to marriage unfit to have custody of children of family) shall cease to have effect.

33

In section 52(1) of that Act (interpretation), in the definition of “child of the family", for the words “has been boarded-out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”.

The National Health Service Act 1977 (c. 49)

34

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The Child Care Act 1980 (c. 5)

35

Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of “parent” in section 87 of that Act shall have effect as if it applied only in relation to Part I and sections 13, 24, 64 and 65 of that Act (provisions excluded by section 2(1)(f) of the Family Law Reform Act 1987 from the application of the general rule in that Act governing the meaning of references to relationships between persons).

The Education Act 1981 (c. 60)

36

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The Child Abduction Act 1984 (c. 37)

37

(1) Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows.

(2) For subsections (2) to (4) there shall be substituted—

(2) A person is connected with a child for the purposes of this section if— (a) he is a parent of the child; or (b) in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or (c) he is a guardian of the child; or (d) he is a person in whose favour a residence order is in force with respect to the child; or (e) he has custody of the child. (3) In this section “the appropriate consent”, in relation to a child, means— (a) the consent of each of the following— (i) the child’s mother; (ii) the child’s father, if he has parental responsibility for him; (iii) any guardian of the child; (iv) any person in whose favour a residence order is in force with respect to the child; (v) any person who has custody of the child; or (b) the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or (c) if any person has custody of the child, the leave of the court which awarded custody to him. (4) A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if— (a) he is a person in whose favour there is a residence order in force with respect to the child, and (b) he takes or sends him out of the United Kingdom for a period of less than one month. (4A) Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989.

(3) In subsection (5) for the words from “but" to the end there shall be substituted—

(5A) Subsection (5)(c) above does not apply if— (a) the person who refused to consent is a person— (i) in whose favour there is a residence order in force with respect to the child; or (ii) who has custody of the child; or (b) the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.

(4) For subsection (7) there shall be substituted—

(7) For the purposes of this section— (a) “guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children Act 1989; and (b) a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child.

(5) In subsection (8) for the words from “or voluntary organisation" to “custodianship proceedings or" there shall be substituted “ detained in a place of safety, remanded to a local authority accommodation or the subject of" ”.

38

(1) In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be substituted “ Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below." ”

(2) For subsection (2) of that section there shall be substituted—

(2) The persons are— (a) where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother; (b) where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and (c) any other person mentioned in section 1(2)(c) to (e) above. (3) In proceedings against any person for an offence under this section, it shall be a defence for that person to prove— (a) where the father and mother of the child in question were not married to each other at the time of his birth— (i) that he is the child’s father; or (ii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or (b) that, at the time of the alleged offence, he believed that the child had attained the age of sixteen.

39

At the end of section 3 of that Act (construction of references to taking, sending and detaining) there shall be added

and (d) references to a child’s parents and to a child whose parents were (or were not) married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 (which extends their meaning).

40

(1) The Schedule to that Act (modifications of section 1 for children in certain cases) shall be amended as follows.

(2) In paragraph 1(1) for the words “or voluntary organisation" there shall be substituted “ within the meaning of the Children Act 1989" ”.

(3) For paragraph 2(1) there shall be substituted—

(1) This paragraph applies in the case of a child who is— (a) detained in a place of safety under section 16(3) of the Children and Young Persons Act 1969; or (b) remanded to local authority accommodation under section 23 of that Act.

(4) In paragraph 3(1)—

(a) in paragraph (a) for the words “section 14 of the Children Act 1975" there shall be substituted “ section 18 of the Adoption Act 1976" ”; and

(b) in paragraph (d) for the words “section 25 of the Children Act 1975 or section 53 of the Adoption Act 1958" there shall be substituted “ section 55 of the Adoption Act 1976" ”.

(5) In paragraph 3(2)(a)—

(a) in sub-paragraph (i), for the words from “order or," to “Children Act 1975" there shall be substituted “ section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency" ”, and

(b) in sub-paragraph (ii), for the words “(c) or (e)" there shall be substituted “ or (c)" ”.

(6) At the end of paragraph 3 there shall be added—

(3) Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court

(7) For paragraph 5 there shall be substituted—

(5) In this Schedule— (a) “adoption agency” and “adoption order” have the same meaning as in the Adoption Act 1976; and (b) “area”, in relation to a magistrates’ court, means the petty sessions area (within the meaning of the Justices of the Peace Act 1979) for which the court is appointed.

The Foster Children (Scotland) Act 1984 (c. 56)

41

In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)—

(a) for the words “he is— (a)" there shall be substituted “ (a) he is" ”; and

(b) the words “for a period of more than 6 days" and the words from “The period" to the end shall cease to have effect..

42

In section 2(2) of that Act (exceptions to section 1), for paragraph (f) there shall be substituted—

(f) if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period.

43

In section 7(1) of that Act (persons disqualified from keeping foster children)—

(a) the word “or" at the end of paragraph (e) shall be omitted; and

(b) after paragraph (f) there shall be inserted

or (g) he is disqualified from fostering a child privately (within the meaning of the Children Act 1989) by regulations made under section 68 of that Act,

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

44

In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which authorised representative has right to visit etc. disabled person), after paragraph (d) there shall be inserted—

(dd) in accommodation provided by any educational establishment.

The Legal Aid Act 1988 (c. 34)

45

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