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(i) a care order under section 1 of the Children and Young Persons Act 1969 ;

(ii) a care order under section 15 of that Act, on discharging a supervision order made under section 1 of that Act ; or

(iii) an order or authorisation under section 25 or 26 of that Act ;

(b) deemed, by virtue of--

(i) paragraph 7(3) of Schedule 5A to the Army Act 1955 ; (

(ii) paragraph 7(3) of Schedule 5A to the Air Force Act 1955 ; or (

(iii) paragraph 7(3) of Schedule 4A to the Naval Discipline Act 1957,

to be the subject of a care order under the Children and Young Persons Act 1969 ;

(c) in care--

(i) under section 2 of the Child Care Act 1980 ; or

(ii) by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of a child in care under section 2 to include children in care under section 1 of the Children Act 1948), and a child in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force ; (

(d) a child in respect of whom a resolution had been passed under section 65 of the Child Care Act 1980 ;

(e) in care by virtue of an order under--

(i) section 2(1)(e) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 ;

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(ii) section 7(2) of the Family Law Reform Act 1969 ;

(iii) section 43(1) of the Matrimonial Causes Act 1973 ; or (

(iv) section 2(2(b) of the Guardianship Act 1973 ;

(v) section 10 of the Domestic Proceedings and Magistrates' Courts Act 1978,

(orders having effect for certain purposes as if the child had been received into care under section 2 of the Child Care Act 1980) ; (

(f) in care by virtue of an order made, on the revocation of a custodianship order, under section 36 of the Children Act 1975 ; (

(g) in care by virtue of an order made, on the refusal of an adoption order, under section 26 of the Adoption Act 1976 or any order having effect (by virtue of paragraph 1 of the Schedule 2 to that Act) as if made under that section.

(2) Where this sub-paragraph applies, then, on and after the day on which Part IV commences--

(a) the order or resolution in question shall be deemed to be a care order ;

(b) the authority in whose care the person was immediately before that commencement shall be deemed to be the authority designated in that deemed care order ; and

(c) any reference to a child in the care of a local authority shall include a reference to a person who is the subject of such a deemed care order,

and the provisions of this Act shall apply accordingly, subject to paragraph 16.

Modifications 16.--(1) Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(a) or (b) of that paragraph.

(2) Where the person would otherwise have remained in care until reaching the age of nineteen, by virtue of--

(a) section 20(3)(a) or 21(1) of the Children and Young Persons Act 1969 ; or

(b) paragraph 7(5) (c)(i) of--

(i) Schedule 5A to the Army Act 1955 ;

(ii) Schedule 5A to the Air Force Act 1955 ; or

(iii) Schedule 4A to the Naval Discipline Act 1957,

this Act applies as if in section 81(8) for the word "eighteen" there were substituted "nineteen".

(3) Where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(b) of that paragraph, this Act applies as if section 85 omitted. (4) Sub-paragraph (5) only applies where a child who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(e) to (g) of that paragraph.

(5) Where a court, on making the order, or at any time thereafter, gave directions under--

(a) section 4(4)(a) of the Guardianship Act 1973 ; or

(b) section 43(5)(a) of the Matrimonial Causes Act 1973, as to the exercise by the authority of any powers, those directions shall continue to have effect (regardless of any conflicting provision in this Act) until varied or discharged by a court under this sub-paragraph.

Children placed with parent etc. while in compulsory care 17.--(1) This paragraph applies where a child is deemed by paragraph 15 to be in the care of a local authority under an order or resolution which is deemed by that paragraph to be a care order. (2) If, immediately before the day on which Part III comes into force, the child was allowed to be under the charge and control of-- (

(a) a parent or guardian under section 21(2) of the Child Care Act 1980 ; or

(b) a person who, before the child was in the authority's care, had care and control of the child by virtue of an order falling within paragraph 5,

on and after that day the provision made by and under section 20(5) shall apply as if the child had been placed with the person in question in accordance with that provision.

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Orders for access to children in compulsory care. 18.--(1) This paragraph applies to any access order--

(a) made under section 12C of the Child Care Act 1980 (access orders with respect to children in care of local authorities) ; and (

(b) in force immediately before the commencement of Part IV. (2) On and after the commencement of Part IV, the access order shall have effect as an order made under section 31 in favour of the person named in the order.

19.--(1) This paragraph applies where, immediately before the commencement of Part IV, an access order made under section 12C of the Act of 1980 was suspended by virtue of an order made under section 12E of that Act (suspension of access orders in emergencies).

(2) The suspending order shall continue to have effect as if this Act had not been passed.

(3) If--

(a) before the commencement of Part IV ; and

(b) during the period for which the operation of the access order is suspended, the local authority concerned made an application for its variation or discharge to an appropriate juvenile court, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned.

Children in voluntary care 20.--(1) This paragraph applies where, immediately before the day on which Part III comes into force-- (

(a) a child was in the care of a local authority--

(i) under the section 2(1) of the Child Care Act 1980 ; or (

(ii) by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of references to children in care under section 2 to include references to children in care under section 1 of the Children Act 1948) ; and

(b) he was not a person in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force.

(2) Where this paragraph applies, the child shall, on and after the day mentioned in sub-paragraph (1), be treated for the purposes of this Act as a child who is provided with accommodation by the local authority under Part III, but he shall cease to be so treated once he ceases to be so accommodated in accordance with the provisions of Part III.

(3) Where--

(a) this paragraph applies ; and

(b) the child, immediately before the day mentioned in sub-paragraph (1), was (by virtue of section 21(2) of the Act of 1980) under the charge and control of a person falling within paragraph 17(2)(a) or (b),

the child shall not be treated for the purposes of this Act as if he were being looked after by the authority concerned.

Boarded out children

21.--(1) Where, immediately before the day on which Part III comes into force, a child in the care of a local authority

(a) was--

(i) boarded out with a person under section 21(1)(a) of the Child Care Act 1980 ; or

(ii) placed under the charge and control of a person, under section 21(2) of that Act ; and

(b) the person with whom he was boarded out, or (as the case may be) placed, was not a person falling within paragraph 17(2)(a) or (b),

on and after that day, he shall be treated (subject to sub-paragraph (2) ) as having been placed with a local authority foster parent and shall cease to be so treated when he ceases to be placed with that person in accordance with the provisions of this Act.

(2) Regulations made under section 20(2)(a) shall not apply in relation to a person who is a local authority foster parent by virtue of sub-paragraph (1) before the end of the period of twelve months beginning with the day on which Part III comes into force and accordingly that person shall for that period be subject-- (

(a) in a case falling within sub-paragraph (1)(a)(i), to terms and regulations mentioned in section 21(1)(a) of the Act of 1980 ; and (

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(b) in a case within sub-paragraph (1)(a)(ii), to terms fixed under section 21(2) of that Act and regulations made under section 22A of that Act,

as if that Act has not been repealed by this Act.

Children in care to qualify for advice and assistance 22. Any reference in Part III to a person qualifying for advice and assistance shall be construed as including a reference to a person within the area of a local authority in question who is under twenty-one and who was, at any time after reaching the age of sixteen but while still a child--

(a) a person falling within--

(i) any of paragraphs (a) to (g) of paragraph 15(1) ; or (

(ii) paragraph 20(1) ; or

(b) the subject of a criminal care order (within the meaning of paragraph 34).

Emigration of children in care

23. Where--

(a) the Secretary of State has received a request in writing from a local authority that he give his consent under section 24 of the Child Care Act 1980 to the emigration of a child in their care ; but (

(b) immediately before the repeal of the Act of 1980 by this Act, he has not determined whether or not to give his consent, section 24 of the Act of 1980 shall continue to apply (regardless of that repeal) until the Secretary of State has determined whether or not to give his consent to the request.

Contributions for maintenance of children in care 24.--(1) Where, immediately before the day on which Part III of Schedule 2 comes into force, there was in force an order made (or having effect as if made) under any of the enactments mentioned in sub-paragraph (2), then, on and after that day--

(a) the order shall have effect as if made under paragraph 21(2) of Schedule 2 against a person liable to contribute ; and

(b) Part III of Schedule 2 shall apply to the order, subject to the modifications in sub-paragraph (3).

(2) The enactments are--

(a) section 11(4) of the Domestic Proceedings and Magistrates' Courts Act 1978 ;

(b) section 26(2) of the Adoption Act 1976 ;

(c) section 36(5) of the Children Act 1975 ;

(d) section 2(3) of the Guardianship Act 1973 ;

(e) section 2(1)(h) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960,

(provisions empowering the court to make an order requiring a person to make periodical payments to a local authority in respect of a child in care).

(3) The modifications are that, in paragraph 21 of Schedule 2-- (

(a) in sub-paragraph (4), paragraph (a) shall be omitted ; (

(b) for sub-paragraph (6) there shall be substituted--

"(6) Where--

(a) a contribution order is in force ;

(b) the authority serve a contribution notice under paragraph 20 ; and

(c) the contributor and the authority reach an agreement under paragraph 20(7) in respect of the 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" ; and

(c) at the end of sub-paragraph (10) there shall be inserted-- "and

(c) where the order is against a person who is not a parent of the child, shall be made with due regard to

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