Office of Public Sector Information
SCHEDULE 14 continued
25 (1) This paragraph applies to any supervision order—
(a) made—
(i) under section 1(3)(b) of the Children [1969 c. 54.] 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 31 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 91; or
(c) it would have ceased to have had effect earlier had this Act not been passed.
(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 91 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.
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 [1960 c. 48.] Proceedings (Magistrates Courts) Act 1960;
(b) section 7(4) of the [1969 c. 46.] Family Law Reform Act 1969;
(c) section 44 of the [1973 c. 18.] Matrimonial Causes Act 1973;
(d) section 2(2)(a) of the [1973 c. 29.] Guardianship Act 1973;
(e) section 34(5) or 36(3)(b) of the [1975 c. 72.] Children Act 1975;
(f) section 26(1)(a) of the [1976 c. 36.] Adoption Act 1976; or
(g) section 9 of the [1978 c. 22.] 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.
27 (1) This paragraph applies to—
(a) any order or warrant authorising the removal of a child to a place of safety which—
(i) was made, or issued, under any of the enactments mentioned in sub-paragraph (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 [1963 c. 37.] and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act [1969 c. 54.] 1969.
(2) The enactments are—
(a) section 40 of the [1933 c. 12.] Children and Young Persons Act 1933 (warrant to search for or remove child);
(b) section 28(1) of the [1969 c. 54.] Children and Young Persons Act 1969 (detention of child in place of safety);
(c) section 34(1) of the [1976 c. 36.] Adoption Act 1976 (removal of protected children from unsuitable surroundings);
(d) section 12(1) of the [1980 c. 6.] 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 [1963 c. 37.] 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.
28 The repeal by this Act of subsection (1) of section 16 of the [1980 c. 5.] 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 27 of Schedule 12 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.
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 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 [1971 c. 3.] Guardianship of Minors Act 1971 were a reference to an appointment of a guardian under section 5 of this Act.
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 [1980 c. 6.] 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 63(1) and (10) shall not apply in relation to him if—
(a) an application for registration of the home in question is made under section 63 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 63(1) and (10) does not apply, the child shall be treated as a privately fostered child for the purposes of Part IX.
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 [1948 c. 53.] 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 71(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 71(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 71(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 71(1)(a).
35 In calculating, for the purposes of section 85(1)(a) or 86(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.
36 (1) This paragraph applies where, immediately before the commencement of section 90(2) there was in force an order (“a criminal care order”) made—
(a) under section 7(7)(a) of the [1969 c. 54.] 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 90(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 [1980 c. 5.] 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 31;
(c) an education supervision order under section 36 (regardless of subsection (6) of that section); or
(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 23 of Schedule 12), 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 [1974 c. 53.] 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—
(a) in the case of an application for a residence order, any person (other than a local authority) who has the leave of the court;
(b) in the case of an application for an education supervision order, a local education authority; and
(c) in any other case, the local authority to whose care the child was committed by the order.
37 (1) In the circumstances mentioned in sub-paragraph (2), section 3 of and Schedule 2 to the Marriage Act 1949 (consents to marry) shall continue to have effect regardless of the amendment of that Act by paragraph 5 of Schedule 12.
(2) The circumstances are that—
(a) immediately before the day on which paragraph 5 of Schedule 12 comes into force, there is in force—
(i) an existing order, as defined in paragraph 5(1); or
(ii) an order of a kind mentioned in paragraph 16(1); and
(b) section 3 of and Schedule 2 to the Act of 1949 would, but for this Act, have applied to the marriage of the child who is the subject of the order.
38 The amendments of other enactments made by the following provisions of the Children Act 1975 shall continue to have effect regardless of the repeal of the Act of 1975 by this Act—
(a) section 68(4), (5) and (7) (amendments of section 32 of the [1969 c. 54.] Children and Young Persons Act 1969); and
(b) in Schedule 3—
(i) paragraph 13 (amendments of [1953 c. 20.] Births and Deaths Registration Act 1953);
(ii) paragraph 43 (amendment of [1964 c. 55.] Perpetuities and Accumulations Act 1964);
(iii) paragraphs 46 and 47 (amendments of [1968 c. 46.] Health Services and Public Health Act 1968); and
(iv) paragraph 77 (amendment of [1972 c. 48.] Parliamentary and Other Pensions Act 1972).
39 The amendment made to section 106(2)(a) of the [1963 c. 37.] Children and Young Persons Act 1963 by paragraph 26 of Schedule 5 to the Child Care Act 1980 shall continue to have effect regardless of the repeal of the Act of 1980 by this Act.
40 The Lord Chancellor may by order make such transitional and saving provisions as appear to him to be necessary or expedient, in consequence of any provision made by or under this Act, in connection with the operation of any provisions of the [1988 c. 34.] Legal Aid Act 1988 (including any provision of that Act which is amended or repealed by this Act).
Children Act 1989