Children and Families Bill (HC Bill 131)

34 In section 43(11) (persons to be given notice of application for child
assessment order) for paragraph (d) substitute—

“(d) any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
5contact;”.

(d) In section 44(13) (persons to be allowed reasonable contact with child where emergency protection order made) for paragraph (d) substitute—

“(d) any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
contact;”.

(d) 10In section 46(10) (persons to be allowed reasonable contact with child in police protection where that is in child’s best interests) for paragraph (d) substitute—

“(d) any person named in a child arrangements order as a person
with whom the child is to spend time or otherwise have
contact;”.

37 (1) Section 91 (effect and duration of orders etc.) is amended as follows.

(2) 15In subsection (1) (making of residence order discharges care order) for
“residence order with respect to” substitute “child arrangements order with
respect to the living arrangements of”.

(3) After subsection (1) insert—

“(1A) For the purposes of subsection (1), a child arrangements order is one
20made with respect to the living arrangements of a child if the
arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.”

(4) 25In subsection (2A) (making of care order discharges contact activity
direction)—

(a) for “a contact” substitute “an”, and

(b) for “as regards contact with” substitute “with respect to”.

(5) In subsection (10) (section 8 order other than residence order ceases to have
30effect when child turns 16 unless it is to have effect beyond that age by virtue
of section 9(6)) omit “other than a residence order”.

(6) After subsection (10) insert—

“(10A) Subsection (10) does not apply to provision in a child arrangements
order which regulates arrangements relating to—

(a) 35with whom a child is to live, or

(b) when a child is to live with any person.”

38 (1) Section 105 (interpretation) is amended as follows.

(2) In subsection (1) (definitions)—

(a) before the definition of “adoption agency” insert—

• 40““activity condition” has the meaning given by section
  11C;

Children and Families BillPage 131

• “activity direction” has the meaning given by section
  11A;”,

(b) at the appropriate place insert—

• “child arrangements order” has the meaning given by
  5section 8(1);”, and

(c) omit the definition of “contact activity condition”, the definition of
“contact activity direction”, the definition of “contact order” and the
definition of “residence order”.

(3) Omit subsection (3) (interpretation of certain references relating to residence
10orders).

39 (1) Schedule A1 (enforcement orders) is amended as follows.

(2) In paragraphs 4(1), 5(1), 6(1), 7(1), 8(1) and 9(1) and (11)(a) for “contact”
substitute “provision of a child arrangements”.

(3) In paragraphs 4(2)(c), (4)(b) and (5), 6(3) and 9(6) and (10)(a) for “contact”, in
15each place, substitute “child arrangements”.

(4) In paragraph 9(5) for “the contact” substitute “a provision of the child
arrangements”.

(5) In paragraph 9(10)(b) for “contact order and” substitute “provisions of the
child arrangements order and with”.

40 (1) 20Schedule 1 (financial provision for children) is amended as follows.

(2) In paragraph 1 (power of court to make orders on application of parent,
guardian, special guardian or person in whose favour residence order in
force)—

(a) in sub-paragraph (1) for the words from “in whose favour” to “to a
25child” substitute “who is named in a child arrangements order as a
person with whom a child is to live”,

(b) in sub-paragraph (6)—

(i) omit “a residence order or”, and

(ii) after “special guardianship order” insert “, or on making,
30varying or discharging provision in a child arrangements
order with respect to the living arrangements of a child,” and

(c) after sub-paragraph (6) insert—

“(6A) For the purposes of sub-paragraph (6) provision in a child
arrangements order is with respect to the living
35arrangements of a child if it regulates arrangements
relating to—

(a) with whom the child is to live, or

(b) when the child is to live with any person.”

(3) In paragraph 8 (circumstances in which court may revoke financial relief
40order under other enactment)—

(a) in sub-paragraph (1) for “residence order” substitute “child
arrangements order to which sub-paragraph (1A) applies”, and

(b) after sub-paragraph (1) insert—

“(1A) This sub-paragraph applies to a child arrangements order
45if the arrangements regulated by the order consist of, or

include, arrangements which relate to either or both of the
following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.”, and

(c) 5in sub-paragraph (2)(b)—

(i) after “any person” insert “who is named in a child
arrangements order as a person with whom the child is to live
or”, and

(ii) omit “a residence order or”.

(4) 10In paragraph 15 (local authority may contribute to maintenance of child
living with person as a result of residence order) for “residence order”
substitute “child arrangements order”.

41 In Schedule 14, omit paragraph 10 (certain orders made under legislation
repealed by the Children Act 1989 to be enforceable under section 14 of that
15Act).

Part 2 Amendments in other legislation

Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

42 (1) Section 3 of the Marriage Act 1949 (marriage of persons under 18) is
20amended as follows.

(2) In subsection (1A) (persons whose consent is required), in each of
paragraphs (d) and (h), for “residence order” substitute “child arrangements
to which subsection (1C) applies”.

(3) In subsection (1B) (interpretation) for ““residence order”,” substitute ““child
25arrangements order”,”.

(4) After that subsection insert—

“(1C) A child arrangements order is one to which this subsection applies if
the order regulates arrangements that consist of, or include,
arrangements which relate to either or both of the following—

(a) 30with whom the child is to live, and

(b) when the child is to live with any person.”

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

43 (1) Section 70 of the Children and Young Persons Act 1969 (interpretation) is
amended as follows.

(2) 35In subsection (1A) (“father” includes father not married at child’s birth to
child’s mother if there is residence order in father’s favour) for paragraph (b)
substitute—

“(b) whose father is named in a child arrangements order as a
person with whom the child or young person is to live,”.

(3) 40In subsection (1B) for ““residence” substitute ““child arrangements”.

Local Authority Social Services Act 1970 (c. 42)Local Authority Social Services Act 1970 (c. 42)

44 In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions), in the second column of the entry for the Children Act 1989, for
“residence” substitute “child arrangements”.

5Domicile and Matrimonial Proceedings Act 1973 (c. 45)Domicile and Matrimonial Proceedings Act 1973 (c. 45)

45 (1) Paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings
Act 1973 (restrictions on court’s powers while matrimonial proceedings are
stayed) is amended as follows.

(2) In sub-paragraph (4A)(b) (contact order in force when proceedings stayed)
10for “contact” substitute “child arrangements”.

(3) In sub-paragraph (4B) (enforcement of the contact order while the
proceedings are stayed) for “contact”, in both places, substitute “child
arrangements”.

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

46 15In section 28(1) of the Mental Health Act 1983 (“nearest relative” of child in
respect of whom residence order is in force etc)—

(a) in paragraph (b)—

(i) for “residence” substitute “person is named in a child
arrangements”, and

(ii) 20for “is in force with respect to such a person” substitute “as a
person with whom a person who has not attained the age of
eighteen years is to live”, and

(b) in the words after paragraph (b), for “named in the residence order”
substitute “so named (or the persons so named, where there is more
25than one)”.

Child Abduction Act 1984 (c. 37)Child Abduction Act 1984 (c. 37)

47 (1) Section 1 of the Child Abduction Act 1984 (offence of abduction of child by
connected person without appropriate consent) is amended as follows.

(2) In subsection (2)(d) (person in whose favour residence order is in force is
30connected person) for the words after “person” substitute “named in a child
arrangements order as a person with whom the child is to live; or”.

(3) In subsection (3)(a) (“appropriate consent” includes consent of every person
listed) for sub-paragraph (iv) (person in whose favour residence order is in
force) substitute—

“(iv) 35any person named in a child arrangements order as a
person with whom the child is to live;”.

(4) In subsection (4)(a) (exception for short foreign trip organised by person in
whose favour residence order made) for “in whose favour there is a
residence order in force with respect to the child,” substitute “named in a
40child arrangements order as a person with whom the child is to live”.

(5) For subsection (5A)(a)(i) (exception where consent unreasonably refused
does not apply where there is residence order in favour of person refusing

consent) substitute—

“(i) named in a child arrangements order as a person with
whom the child is to live;”.

(6) In subsection (7)(a) (interpretation) for ““residence” substitute ““child
5arrangements”.

Child Abduction and Custody Act 1985 (c. 60)Child Abduction and Custody Act 1985 (c. 60)

48 For paragraph 1(b) of Schedule 3 to the Child Abduction and Custody Act
1985 (orders mentioned in section 27(1) include a residence order)
substitute—

“(b) 10a child arrangements order (as defined by section 8 of the
Act of 1989) if the arrangements regulated by the order
consist of, or include, arrangements relating to either or
both of the following—

(i) with whom a child is to live, or

(ii) 15when a child is to live with any person;”.

Family Law Act 1986 (c. 55)Family Law Act 1986 (c. 55)

49 The Family Law Act 1986 is amended as follows.

50 (1) Section 5 (which contains references to contact activity directions) is
amended as follows.

(2) 20In subsection (2A)—

(a) for “a contact” substitute “an”, and

(b) for “the contact” substitute “the”.

(3) In subsection (3B) for “a contact” substitute “an”.

51 (1) Section 6 (which includes provision for a family assistance order to cease to
25have effect where a related residence order is superseded by an order made
in Scotland or Northern Ireland) is amended as follows.

(2) After subsection (5) insert—

“(5A) Subsection (7) below applies where a Part I order which is a child
arrangements order (within the meaning of section 8(1) of the
30Children Act 1989) ceases by virtue of subsection (1) above to name
a person as someone with whom a child is to live.”

(3) In subsection (6) (circumstances in which subsection (7) applies)—

(a) after “Subsection (7) below” insert “also”, and

(b) omit paragraph (a) (residence order ceasing to have effect by virtue
35of subsection (1)).

Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

52 For section 3(4)(c) of the Child Support Act 1991 (persons with residence
orders in their favour may not be prescribed as persons who are not
“persons with care”) substitute—

“(c) 40persons named, in a child arrangements order under section
8 of the Children Act 1989, as persons with whom a child is to
live;”.

Armed Forces Act 1991 (c. 62)Armed Forces Act 1991 (c. 62)

53 The Armed Forces Act 1991 is amended as follows.

54 In section 17(4) (persons who may apply for assessment order) after
paragraph (d) insert—

“(da) 5any person who is named in a child arrangements order as a
person with whom the child is to live, spend time or
otherwise have contact;”.

55 In section 18(7) (persons who may apply to vary or discharge an assessment
order) after paragraph (d) insert—

“(da) 10any person who is named in a child arrangements order as a
person with whom the child is to live, spend time or
otherwise have contact;”.

56 In section 20(8) (persons who are to be allowed reasonable contact with a
child subject to a protection order) after paragraph (c) insert—

“(ca) 15any person who is named in a child arrangements order as a
person with whom the child is to live, spend time or
otherwise have contact;”.

57 In section 22A(7) (persons who are to be allowed reasonable contact with a
child in service police protection) after paragraph (c) insert—

“(ca) 20any person who is named in a child arrangements order as a
person with whom the child is to live, spend time or
otherwise have contact,”.

58 (1) Section 23(1) (interpretation of Part 3) is amended as follows.

(2) After the definition of “child” insert—

• 25““child arrangements order” has the meaning given by section
  8(1) of the Children Act 1989;”.

(3) In the definition of “contact order”—

(a) omit “section 8(1) of the Children Act 1989 or”, and

(b) omit “as the case may be”.

30Adoption and Children Act 2002 (c. 38)Adoption and Children Act 2002 (c. 38)

59 The Adoption and Children Act 2002 is amended as follows.

60 (1) Section 26 (placement of children by adoption agency for adoption: contact)
is amended as follows.

(2) In subsection (1) (provision for contact under the 1989 Act ceases to have
35effect and any contact activity direction is discharged) for the words from
“any provision for contact” to the end substitute “—

(a) any contact provision in a child arrangements order under
section 8 of the 1989 Act ceases to have effect,

(b) any order under section 34 of that Act (parental etc contact
40with children in care) ceases to have effect, and

(c) any activity direction made in proceedings for the making,
variation or discharge of a child arrangements order with
respect to the child, or made in other proceedings that relate
to such an order, is discharged.”

(3) In subsection (2)(a) (no application may be made for provision for contact
under the 1989 Act) for “any provision for contact under that Act, but”
substitute “—

(i) a child arrangements order under section 8 of the 1989
5Act containing contact provision, or

(ii) an order under section 34 of that Act, but”.

(4) In subsection (3)(c) (application for contact may be made by person in whose
favour provision for contact was made)—

(a) omit “for contact under the 1989 Act”, and

(b) 10for “(1)” substitute “(1)(a) or an order which ceased to have effect by
virtue of subsection (1)(b)”.

(5) In subsection (3)(d) (application for contact may be made by person in
whose favour residence order was made)—

(a) for “residence” substitute “child arrangements”, and

(b) 15for “the person in whose favour the order was made” substitute “any
person named in the order as a person with whom the child was to
live”.

(6) In subsection (5) (application for contact order that is to be heard together
with application for adoption order) for “contact order under section 8 of the
201989 Act” substitute “child arrangements order under section 8 of the 1989
Act containing only contact provision”.

(7) For subsection (6) (interpretation) substitute—

“(5A) In this section “contact provision” means provision which regulates
arrangements relating to—

(a) 25with whom a child is to spend time or otherwise have
contact, or

(b) when a child is to spend time or otherwise have contact with
any person;

but in paragraphs (a) and (b) a reference to spending time or
30otherwise having contact with a person is to doing that otherwise
than as a result of living with the person.

(6) In this section “activity direction” has the meaning given by section
11A of the 1989 Act.”

61 (1) Section 28 (further consequences of placement) is amended as follows.

(2) 35In subsection (1)(a) (restrictions on applying for residence order) for
“residence order” substitute “child arrangements order regulating the
child’s living arrangements”.

(3) After subsection (4) insert—

“(5) For the purposes of subsection (1)(a), a child arrangements order
40regulates a child’s living arrangements if the arrangements
regulated by the order consist of, or include, arrangements which
relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.”

62 (1) 45Section 29 (further consequences of placement orders) is amended as
follows.

(2) In subsection (3)(a) (residence order etc may not be made if placement order
is in force) omit “, residence order”.

(3) In subsection (4) (residence orders to which subsection (3) does not apply)—

(a) for “Subsection (3)(a) does not apply in respect of a residence order
5if—” substitute “Where a placement order is in force, a child
arrangements order may be made with respect to the child’s living
arrangements only if—”, and

(b) in paragraph (b), for “residence” substitute “child arrangements”.

(4) After subsection (4) insert—

“(4A) 10For the purposes of subsection (4), a child arrangements order is one
made with respect to a child’s living arrangements if the
arrangements regulated by the order consist of, or include,
arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) 15when the child is to live with any person.”

63 (1) Section 32 (recovery of child from placement) is amended as follows.

(2) In subsection (5) (effect of undecided application for residence order etc on
duty to return child) for paragraphs (a) and (b) substitute—

“(a) before the notice was given, an application—

(i) 20for an adoption order (including a Scottish or
Northern Irish adoption order),

(ii) for a special guardianship order,

(iii) for a child arrangements order to which subsection (6)
applies, or

(iv) 25for permission to apply for an order within sub-
paragraph (ii) or (iii),

was made in respect of the child, and

(b) the application (and, in a case where permission is given on
an application to apply for an order within paragraph (a)(ii)
30or (iii), the application for the order) has not been disposed
of,”.

(3) After that subsection insert—

“(6) A child arrangements order is one to which this subsection applies if
it is an order regulating arrangements that consist of, or include,
35arrangements which relate to either or both of the following—

(a) with whom a child is to live, and

(b) when the child is to live with any person.”

64 (1) Section 35 (return of placed child in certain cases) is amended as follows.

(2) In subsection (5) (effect of undecided application for residence order etc on
40duty to return child) for paragraphs (b) and (c) substitute—

“(b) before the notice was given, an application—

(i) for an adoption order (including a Scottish or
Northern Irish adoption order),

(ii) for a special guardianship order,

(iii) 45for a child arrangements order to which subsection
(5A) applies, or

(iv) for permission to apply for an order within sub-
paragraph (ii) or (iii),

was made in respect of the child, and

(c) the application (and, in a case where permission is given on
5an application to apply for an order within paragraph (b)(ii)
or (iii), the application for the order) has not been disposed
of,”.

(3) After that subsection insert—

“(5A) A child arrangements order is one to which this subsection applies if
10it is an order regulating arrangements that consist of, or include,
arrangements which relate to either or both of the following—

(a) with whom a child is to live, and

(b) when a child is to live with any person.”

65 (1) Schedule 6 (glossary) is amended as follows.

(2) 15At the appropriate place insert—

(3) Omit the entry for “residence order”.

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

66 (1) Schedule 2 to the Civil Partnership Act 2004 (civil partnerships of persons
20under 18) is amended as follows.

(2) In paragraph 1 (persons whose consent is required), in each of items 4 and 8
in the first column of the table, for “residence order” substitute “child
arrangements order to which paragraph 2A applies”.

(3) In paragraph 2 (interpretation of paragraph 1) for ““residence order”,”
25substitute ““child arrangements order”,”.

(4) In Part 1 (appropriate persons) after paragraph 2 insert—

“2A A child arrangements order (as defined by section 8 of the
Children Act 1989) is one to which this paragraph applies if the
order regulates arrangements that consist of, or include,
30arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.”

Income Tax (Trading and Other Income) Act 2005 (c. 5)Income Tax (Trading and Other Income) Act 2005 (c. 5)

67 The Income Tax (Trading and Other Income) Act 2005 is amended as
35follows.

68 (1) Section 744 (payments to adopters, etc: England and Wales) is amended as
follows.

(2) In subsection (1)(g) (no income tax on payments under section 17 of the
Children Act 1989 made to a person as a result of a residence order being in
40force in the person’s favour) for “in whose favour a residence order with

respect to a child is in force” substitute “named in a child arrangements
order as a person with whom a child is to live”.

(3) In subsection (1)(h) (no income tax on payments under paragraph 15 of
Schedule 1 to the 1989 Act made to person with whom child is living, or is to
5live, as a result of a residence order) for “in whose favour residence order is
in force” substitute “with whom child is living, or is to live, as a result of a
child arrangements order”.

(4) In subsection (1)(i) (no income tax on other payments under maintenance
agreements or under orders under Schedule 1 to the 1989 Act) for “in whose
10favour a residence order with respect to the child is in force” substitute
“named in a child arrangements order as a person with whom the child is to
live”.

(5) For subsection (2)(c) (payment not exempt from tax if made to a person in
whose favour a residence order is in force where that order is also in favour
15of an excluded relative) substitute—

“(c) it is made to a person (“P”) named in a child arrangements
order as a person with whom the child is to live and an
excluded relative who lives in the same household as P is also
named in that order as a person with whom the child is to
20live.”

(6) In subsection (3) (interpretation) for ““residence” substitute ““child
arrangements”.

69 In section 806(5) (persons who are not foster carers for purposes of Chapter
2 of Part 7) after paragraph (b) insert—

“(ba) 25where the child is in care and there was a child arrangements
order in force with respect to the child immediately before
the care order was made, a person named in the child
arrangements order as a person with whom the child was to
live,

(bb) 30(in Scotland) where the child is in care and there was a child
arrangements order in force with respect to the child
immediately before the child was placed in care, a person
named in the child arrangements order as a person with
whom the child was to live, spend time or otherwise have
35contact,”.

Section 71

SCHEDULE 3 Special educational needs: consequential amendments

Part 1 Amendments to the Education Act 1996

1 40In the title of Chapter 1 of Part 4 (children with special educational needs)
after “children” insert “in Wales”.