House of Commons Hansard Debates for 23 Oct 1989

(i) whether that person had assumed responsibility for the maintenance of the child, and, if so, the extent to which and basis on which he

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assumed that responsibility and the length of the period during which he met that responsibility ;

(ii) whether he did so knowing that the child was not his child ; (

(iii) the liability of any person to maintain the child." Supervision Orders Orders under section 1(3)(b) or 21(2) of the 1969 Act 25.--(1) This paragraph applies to any supervision order (

(a) made--

(i) under section 1(3)(b) of the Children and Young Persons Act 1969 ; or

(ii) under section 21(2) of that Act on the discharge of a care order made under section 1(3)(c) of that Act ; and

(b) in force immediately before the commencement of Part IV. (2) On and after the commencement of Part IV, the order shall be deemed to be a supervision order made under section 28 and-- (

(a) any requirement of the order that the child reside with a named individual shall continue to have effect while the order remains in force, unless the court otherwise directs ;

(b) any other requirement imposed by the court, or directions given by the supervisor, shall be deemed to have been imposed or given under the appropriate provisions of Schedule 3.

(3) Where, immediately before the commencement of Part IV, the order had been in force for a period of more than six months, it shall cease to have effect at the end of the period of six months beginning with the day on which Part IV comes into force unless-- (

(a) the court directs that it shall cease to have effect at the end of a different period (which shall not exceed three years) ; (

(b) it ceases to have effect earlier in accordance with section 81 ; or

(4) Where sub-paragraph (3) applies, paragraph 6 of Schedule 3 shall not apply.

(5) Where, immediately before the commencement of Part IV, the order had been in force for less than six months it shall cease to have effect in accordance with section 81 and paragraph 6 of Schedule 3 unless--

(a) the court directs that it shall cease to have effect at the end of a different period (which shall not exceed three years) ; or (

(b) it would have ceased to have had effect earlier had this Act not been passed.

Other supervision orders 26.--(1) This paragraph applies to any order for the supervision of a child which was in force immediately before the commencement of Part IV and was made under--

(a) section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 ;

(b) section 7(4) of the Family Law Reform Act 1969 ;

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

(e) section 34(5) or 36(3)(b) of the Children Act 1975 ; (

(f) section 26(1)(a) of the Adoption Act 1976 ; or

(g) section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978.

(2) The order shall not be deemed to be a supervision order made under any provision of this Act but shall nevertheless continue in force for a period of one year beginning with the day on which Part IV comes into force unless --

(a) the court directs that it shall cease to have effect at the end of a lesser period ; or

(b) it would have ceased to have had effect earlier had this Act not been passed.

Place of Safety Orders 27.--(1) This paragraph applies to-- (

(a) any order or warrant authorising the removal of a child to a place of safety which--

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(i) was made, or issued, under any of the enactments mentioned in subparagraph (2) ; and

(ii) was in force immediately before the commencement of Part IV ; and

(b) any interim order made under section 23(5) of the Children and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act 1969.

(2) The enactments are--

(a) section 40 of the Children and Young Persons Act 1933 (warrant to search for or remove child) ;

(b) section 28(1) of the Children and Young Persons Act 1969 (detention of child in place of safety) ;

(d) section 12(1) of the Foster Children Act 1980 (removal of foster children kept in unsuitable surroundings).

(3) The order or warrant shall continue to have effect as if this Act had not been passed.

(4) Any enactment repealed by this Act shall continue to have effect in relation to the order or warrant so far as is necessary for the purposes of securing that the effect of the order is what it would have been had this Act not been passed.

(5) Sub-paragraph (4) does not apply to the power to make an interim order or further interim order given by section 23(5) of the Children and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act 1969.

(6) Where, immediately before section 28 of the Children and Young Persons Act 1969 is repealed by this Act, a child is being detained under the powers granted by that section, he may continue to be detained in accordance with that section but subsection (6) shall not apply.

Recovery of Children 28. The repeal by this Act of subsection (1) of section 16 of the Child Care Act 1980 (arrest of child absent from compulsory care) shall not affect the operation of that section in relation to any child arrested before the coming into force of the repeal.

29.--(1) This paragraph applies where--

(a) a summons has been issued under section 15 or 16 of the Child Care Act 1980 (recovery of children in voluntary or compulsory care) ; and

(b) the child concerned is not produced in accordance with the summons before the repeal of that section by this Act comes into force.

(2) The summons, any warrant issued in connection with it and section 15 or (as the case may be) section 16, shall continue to have effect as if this Act had not been passed.

30. The amendment by paragraph 22B of Schedule 10 of section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall not affect the operation of that section in relation to-- (

(a) any child arrested ; or

(b) any summons or warrant issued,

under that section before the coming into force of that paragraph. Voluntary Organisations : Parental Rights Resolutions 31.--(1) This paragraph applies to a resolution--

(a) made under section 64 of the Child Care Act 1980 (transfer of parental rights and duties to voluntary organisations) ; and (

(b) in force immediately before the commencement of Part IV. (2) The resolution shall continue to have effect until the end of the period of six months beginning with the day on which Part IV comes into force unless it is brought to an end earlier in accordance with the provisions of the Act of 1980 preserved by this paragraph. (3) While the resolution remains in force, any relevant provisions of, or made under, the Act of 1980 shall continue to have effect with respect to it.

(4) Sub-paragraph (3) does not apply to--

(a) section 62 of the Act of 1980 and any regulations made under that section (arrangements by voluntary organisations for emigration of children) ; or

(b) section 65 of the Act of 1980 (duty of local authority to assume parental rights and duties).

(5) Section 5(2) of the Act of 1980 (which is applied to resolutions under Part VI of that Act by section 64(7) of that

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Act) shall have effect with respect to the resolution as if the reference in paragraph (c) to an appointment of a guardian under section 5 of the Guardianship of Minors Act 1971 were a reference to an appointment of a guardian under section 5 of this Act.

Foster Children 32.--(1) This paragraph applies where-- (

(a) immediately before the commencement of Part VIII, a child was a foster child within the meaning of the Foster Children Act 1980 ; and

(b) the circumstances of the case are such that, had Parts VIII and IX then been in force, he would have been treated for the purposes of this Act as a child who was being provided with accommodation in a children's home and not as a child who was being privately fostered. (2) If the child continues to be cared for and provided with accommodation as before, section 56(1) and (13) shall not apply in relation to him if--

(a) an application for registration of the home in question is made under section 56 before the end of the period of three months beginning with the day on which Part VIII comes into force ; and (

(b) the application has not been refused or, if it has been refused--

(i) the period for an appeal against the decision has not expired ; or

(ii) an appeal against the refusal has been made but has not been determined or abandoned.

(3) While section 56(1) and (13) does not apply, the child shall be treated as a privately fostered child for the purposes of Part IX. Nurseries and Child Minding 33.--(1) Sub-paragraph (2) applies where, immediately before the commencement of Part X, any premises are registered under section 1(1)(a) of the Nurseries and Child-Minders Regulation Act 1948 (registration of premises, other than premises wholly or mainly used as private dwellings, where children are received to be looked after).

(2) During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to those premises to the exclusion of Part X.

(3) Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering any person under section 64(1)(b) with respect to the premises.

(4) In this paragraph "the transitional period" means the period ending with--

(a) the first anniversary of the commencement of Part X ; or (

(b) if earlier, the date on which the local authority concerned registers any person under section 64(1)(b) with respect to the premises.

34.--(1) Sub-paragraph (2) applies where, immediately before the commencement of Part X--

(a) a person is registered under section 1(1)(b) of the Act of 1948 (registration of persons who for reward receive into their homes children under the age of five to be looked after) ; and

(b) all the children looked after by him as mentioned in section 1(1)(b) of that Act are under the age of five.

(2) During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to that person to the exclusion of Part X.

(3) Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering that person under section 64(1)(a). (4) In this paragraph "the transitional period" means the period ending with--

(a) the first anniversary of the commencement of Part X ; or (

(b) if earlier, the date on which the local authority concerned registers that person under section 64(1)(a).

Children Accommodated in Certain Establishments 35. In calculating, for the purposes of section 77(1)(a) or 78(1)(a), the period of time for which a child has been accommodated any part of that period which fell before the day on which that section came into force shall be disregarded.

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Criminal Care Orders

36.--(1) This paragraph applies where, immediately before the commencement of section 80(2) there was in force an order ("a criminal care order") made --

(a) under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.) ; or (

(b) under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act.

(2) The criminal care order shall continue to have effect until the end of the period of six months beginning with the day on which section 80(2) comes into force unless it is brought to an end earlier in accordance with- -

(a) the provisions of the Act of 1969 preserved by sub-paragraph (3)(a) ; or

(b) this paragraph.

(3) While the criminal care order remains in force, any relevant provisions --

(a) of the Act of 1969 ; and

(b) of the Child Care Act 1980.

shall continue to have effect with respect to it.

(4) While the criminal care order remains in force, a court may, on the application of the appropriate person, make--

(a) a residence order ;

(b) a care order or a supervision order under section 28 ; (

(d) an order falling within sub-paragraph (5),

and shall, on making any of those orders, discharge the criminal care order.

(5) the order mentioned in sub-paragraph (4)(d) is an order having effect as if it were a supervision order of a kind mentioned in section 12AA of the Act of 1969 (as inserted by paragraph 20 of Schedule 10), that is to say, a supervision order--

(a) imposing a requirement that the child shall live for a specified period in local authority accommodation ; but

(b) in relation to which the conditions mentioned in subsection (4) of section 12AA are not required to be satisfied.

(6) The maximum period which may be specified in an order made under sub- paragraph (4)(d) is six months and such an order may stipulate that the child shall not live with a named person. (7) Where this paragraph applies, section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) shall have effect regardless of the repeals in it made by this Act.

(8) In sub-paragraph (4) "appropriate person" means--

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