Child Care Act 1980 (repealed 14.10.1991)

• (6) Subsections (4) to (7) of section 49 of this Act shall apply in relation to an order made on an application under subsection (1) above or to an affiliation order revived under subsection (5) above as if it were an affiliation order in respect of which an order had been made under subsection (1) or (2) of that section.

Recovery of arrears of contributions

51

• (1) Where during any period (in this section referred to as " the period of default ")—

• (a) a person was liable to make contributions in respect of a child; but

• (b) no order was in force requiring him to make the contributions ;

a magistrates' court having jurisdiction in the place where he is for the time being residing may, on the application of the local authority who would have been entitled to receive payments under such an order, make an order (in this Act referred to as an " arrears order ") requiring him to pay such weekly sum, for such period, as the court, having regard to his means, thinks fit; but the aggregate of the payments required to be made by any person under an arrears order shall not exceed the aggregate that, in the opinion of the court, would have been payable by him under a contribution order in respect of the period of the default or, if it exceeded three months, the last part thereof, less the aggregate of the payments (if any) made by him in respect of his liability during that period or, as the case may be, the last part thereof.

For the purposes of this subsection the last part of the period of default shall be taken to be the last three months thereof and such time, if any, preceding the last three months as is equal to the time during which it continued after the making of the application for the arrears order.

• (2) No application for an arrears order shall be made later than three months after the end of the period of default.

• (3) An arrears order shall be treated as a contribution order, and payments under it as contributions, for the purposes of sections 45(2) and (3), 47(4), 48 and 53 of this Act.

• (4) A person liable to make payments under an arrears order shall, except at a time when he is under a duty to give information of his address under section 12 of this Act, keep the local authority to whom the payments are to be made informed of his address; and if he fails to do so he shall guilty of an offence and liable on summary conviction to a fine not exceeding £10.

Appeals from orders made under Part V

52

• (1) An appeal to the Crown Court from an order made by a magistrates' court under this Part of this Act may be brought in the following cases and by the following persons, that is to say—

• (a) in the case of an order requiring a person to contribute in respect of himself or any other person (whether a contribution order or an arrears order), by the person required to contribute;

• (b) in the case of an order requiring all or any part of the payments accruing due under an affiliation order to be paid to some other person, by the person who would but for the order be entitled to the payments.

• (2) Nothing in this section shall be construed as affecting any other right of appeal conferred by this or any other Act.

Contributions received by a local authority which are payable over to another authority

53

• (1) Where contributions payable under section 45 of this Act in respect of a child in the care of a local authority are payable, by the person liable to make the contributions, to an authority other than the authority responsible for maintenance, the authority receiving the contributions from that person shall pay them over to the authority responsible for maintenance, subject, however, to such deductions in respect of services rendered by the authority paying the contributions over as may be agreed between the two authorities or as in default of agreement may be determined by the Secretary of State.

• (2) In this section references to the authority responsible for maintenance—

• (a) in relation to a child who is in the care of a local authority by virtue of a care order, are references to that authority;

• (b) in relation to a child who is received into the care of a local authority under section 2 of this Act, are references to the local authority into whose care the child has been received, except that where the authority to whom the contributions are payable by the person liable to make them has been notified that under section 2(4) of this Act expenses are being recovered from another authority, the said references shall be construed as references to that other authority.

Supplementary provisions regarding payment of arrears

54

• (1) Where by virtue of an order made under section 47, 49, 50 or 51 of this Act any sum is payable to a local authority, the local authority within whose area the person liable under the order is for the time being residing shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of any arrears accrued due under the order, notwithstanding that those arrears may have accrued at a time when he was not resident in the area of that authority.

• (2) In any proceedings under section 47, 49, 50 or 51 of this Act a certificate purporting to be signed by the clerk to an authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order is overdue and unpaid shall be evidence of the facts stated therein.

Proceedings by or against a person residing in Scotland or Northern Ireland

55

• (1) A magistrates' court shall have jurisdiction in proceedings against a person residing in Scotland or Northern Ireland for a contribution order under section 47 of this Act or for an arrears order under section 51 of this Act

• (2) A magistrates' court by which an order has been made under section 47 or 51 of this Act shall have jurisdiction m proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of that order.

• (3) A magistrates' court shall have jurisdiction in proceedings against a man residing in Scotland or Northern Ireland for an affiliation order under section 50 of this Act if the act of intercourse resulting in the birth of the child or any act of intercourse between the parties which may have resulted therein took place in England or Wales.

• (4) The provisions of this Part of this Act shall, in the cases mentioned in Schedule 2 to this Act, have effect subject to the modifications set out in that Schedule, being modifications consequential on the foregoing provisions of this section.

• (5) Nothing in this section shall be construed as derogating from any jurisdiction exercisable, apart from the provisions of this section, by any court in England or Wales; and it is hereby declared that any jurisdiction conferred by this section is exercisable notwithstanding that any party to the proceedings is not domiciled in England and Wales and any jurisdiction conferred by this section in affiliation proceedings shall be exercisable notwithstanding that the child to whom the proceedings relate was not born in England or Wales.

PART VI — Voluntary Homes and Voluntary Organisations

Definition of voluntary home

Definition of voluntary home

56

In this Act, except where otherwise indicated, the expression " voluntary home " means any home or other institution for the boarding, care and maintenance of poor children, being either—

• (a) a home or other institution supported wholly or partly by voluntary contributions, or

• (b) a home or other institution supported wholly or partly by endowments, not being a school within the meaning of the Education Act 1944,

but does not in either case include a mental nursing home within the meaning of the Nursing Homes Act 1975 or a residential home for mentally disordered persons within the meaning of the Residential Homes Act 1980.

Registration etc. of voluntary homes

Registration of voluntary homes

57

• (1) No voluntary home shall be carried on unless it is for the time being registered in a register to be kept for the purposes of this section by the Secretary of State.

• (2) Application for registration under this section shall be made by the persons intending to carry on the home to which the application relates, and shall be made in such manner, and accompanied by such particulars, as the Secretary of State may by regulations prescribe.

• (3) On an application duly made under subsection (2) above the Secretary of State may either grant or refuse the application, as he thinks fit, but where he refuses the application he shall give the applicant notice in writing of the refusal.

• (4) Where at any time it appears to the Secretary of State that the conduct of any voluntary home is not in accordance with regulations made or directions given under section 60 of this Act or is otherwise unsatisfactory, he may, after giving to the persons carrying on the home not less than twenty-eight days' notice in writing of his proposal to do so, remove the home from the register.

• (5) Any person who carries on a voluntary home in contravention of the provisions of subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

• (6) Where—

• (a) a voluntary home is carried on in contravention of the provisions of subsection (1) above, or

• (b) notice of a proposal to remove a voluntary home from the register is given under subsection (4) above,

the Secretary of State may, notwithstanding that the time for any appeal under section 58 of this Act has not expired or that such an appeal is pending, notify the local authority in whose area the home is situated and require them forthwith to remove from the home and receive into their care under section 2 of this Act all or any of the children for whom accommodation is being provided in the home; and the local authority shall comply with the requirement whether or not the circumstances of the children are such that they fall within paragraphs (a) to (c) of subsection (1) of that section and notwithstanding that any of the children may appear to the local authority to be over the age of seventeen.

For the purposes of carrying out the duty of the local authority under this subsection, any person authorised in that behalf by the local authority may enter any premises in which the home in question is being carried on.

• (7) Where the Secretary of State registers a home under this section or removes a home from the register he shall notify the local authority in whose area the home is situated.

• (8) Any notice under this section required to be given by the Secretary of State to the persons carrying on, or intending to carry on, a voluntary home may be given to those persons by being delivered personally to any one of them, or being sent by post in a registered letter to them or any one of them.

For the purposes of section 7 of the Interpretation Act 1978 (which defines " service by post") a letter enclosing a notice under this section to the persons carrying on a voluntary home or anyone of them shall be deemed to be properly addressed if it is addressed to them or him at the home.

Appeals

58

• (1) Where under section 57 of this Act application for the registration of a voluntary home is refused, or it is proposed to remove a voluntary home from the register, the persons intending to carry on or carrying on the home, as the case may be, may within fourteen days from the giving of the notice under subsection (3) or subsection (4) of that section appeal against the refusal or proposal; and where the appeal is brought against a proposal to remove a home from the register, the home shall not be removed therefrom before the determination of the appeal.

• (2) An appeal under this section shall be brought by notice in writing addressed to the Secretary of State requiring him to refer the refusal or proposal to an appeal tribunal constituted in accordance with the provisions of Schedule 3 to this Act.

• (3) On an appeal under this section the appeal tribunal may confirm the refusal or proposal of the Secretary of State or may direct that the home shall be registered or, as the case may be, shall not be removed from the register, and the Secretary of State shall comply with the direction.

• (4) The Lord Chancellor may with the concurrence of the Lord President of the Council make rules as to the practice and procedure to be followed with respect to the constitution of appeal tribunals for the purposes of this section, as to the manner of making appeals to such tribunals, and as to proceedings before such tribunals and matters incidental or consequential on such proceedings; and without prejudice to the generality of the foregoing provisions of this subsection such rules may make provision as to the particulars to be supplied by or to the Secretary of State of matters relevant to the determination of the appeal and as to representation before such tribunals, whether by counsel or solicitor or otherwise.

• (5) The Secretary of State may out of moneys provided by Parliament—

• (a) pay to members of tribunals constituted for the purposes of this section such fees and allowances as he may with the consent of the Minister for the Civil Service determine;

• (b) defray the expenses of such tribunals up to such amount as he may with the like consent determine.

• (6) The provisions of the Arbitration Act 1950 shall not apply to any proceedings before a tribunal constituted for the purposes of this section except so far as any provisions thereof may be applied thereto with or without modifications by rules made under this section.

Notification of particulars with respect to voluntary homes

59

• (1) It shall be the duty of the person in charge of any voluntary home established after the commencement of this Act to send to the Secretary of State within three months from the establishment of the home such particulars with respect to the home as the Secretary of State may by regulations prescribe.

• (2) It shall be the duty of the person in charge of any voluntary home (whether established before or after the commencement of this Act) to send to the Secretary of State—

• (a) in the case of a home established before the commencement of this Act, in every year, or

• (b) in the case of a home established after the commencement of this Act, in every year subsequent to the year in which particulars are sent under subsection (1) above,

by such date as the Secretary of State may by regulations prescribe, such particulars with respect to the home as may be so prescribed.

• (3) Where the Secretary of State by regulations varies the particulars which are to be sent to him under subsection (1) or (2) above by the person in charge of a voluntary home—

• (a) the person in charge of such a home shall send to the Secretary of State the prescribed particulars within three months from the date of the making of the regulations;

• (b) where any such home was established before, but not more than three months before, the making of the regulations, compliance with paragraph (a) above shall be sufficient compliance with the requirement of subsection (1) above to send the prescribed particulars within three months from the establishment of the home;

• (c) in the year in which the particulars are varied, compliance with paragraph (a) above by the person in charge of any voluntary home shall be sufficient compliance with the requirement of subsection (2) above to send the prescribed particulars before the prescribed date in that year.

• (4) If default is made in sending the prescribed particulars with respect to any voluntary home in accordance with the requirements of this section, the person in charge of the home shall be guilty of an offence and liable on summary conviction to a fine not exceeding £25 and to a further fine not exceeding £1 in respect of each day during which the default continues after conviction.

Regulations as to voluntary homes and organisations

Regulations as to conduct of voluntary homes

60

• (1) The Secretary of State may make regulations as to the conduct of voluntary homes and for securing the welfare of the children therein, and regulations under this section may in particular—

• (a) impose requirements as to the accommodation and equipment to be provided in homes, authorise the Secretary of State to give directions prohibiting the provision for the children in any home of clothing of any description specified in the directions, and impose requirements as to the medical arrangements to be made for protecting the health of the children in the homes;

• (b) require the furnishing to the Secretary of State of information as to the facilities provided for the parents and guardians of children in the homes to visit and communicate with the children and authorise the Secretary of State to give directions as to the provision of such facilities;

• (c) authorise the Secretary of State to give directions limiting the number of children who may at any one time be accommodated in any particular home;

• (d) provide for consultation with the Secretary of State as to applicants for appointment to the charge of a home and empower the Secretary of State to prohibit the appointment of any particular applicant therefor except in the cases (if any) in which the regulations dispense with such consultation by reason that the person to be appointed possesses such qualifications as may be prescribed by the regulations ;

• (e) require notice to be given to the Secretary of State of any change of the person in charge of a home; and

• (f) impose requirements as to the facilities which are to be given for children to receive a religious upbringing appropriate to the persuasion to which they belong;

and may contain different provisions for different descriptions of cases and as respects different descriptions of homes.

• (2) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes or fails to comply with the regulation or any requirement or direction thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

Regulations as to the boarding out of children by voluntary organisations

61

• (1) The power conferred by Part III of this Act on the Secretary of State to make regulations as to the boarding out of children by local authorities shall extend also to the boarding out of children by voluntary organisations, subject to the modification that in the provisions of the said Part III conferring that power any reference to the supervision and inspection by a local authority of boarded out children and the premises in which they are boarded out shall, in relation to children boarded out by voluntary organisations, be deemed to be a reference to supervision and inspection either by a local authority or, where it is so provided by or under the regulations, by a voluntary organisation.

• (2) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes or fails to comply with the regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

Regulations as to arrangements by voluntary organisations for emigration of children

62

• (1) The Secretary of State may by regulations control the making and carrying out by voluntary organisations of arrangements for the emigration of children.

• (2) Any regulations made under this section may contain such consequential and incidental provisions as appear to the Secretary of State to be necessary or expedient, including, in particular, provisions for requiring information to be given to the Secretary of State as to the operations or intended operations of the organisation and for enabling the Secretary of State to be satisfied that suitable arrangements have been or will be made for the children's reception and welfare in the country to which they are going.

• (3) Where any regulation under this section provides that this subsection shall have effect in relation thereto, any person who contravenes or fails to comply with the regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

Restriction on removal of child from care of voluntary organisation

Restriction of removal of child from care of voluntary organisation

63

• (1) Section 13(1) of this Act shall apply in relation to children who are not in the care of local authorities under section 2 of this Act but who are in voluntary homes or are boarded out, as it applies by virtue of subsection (2) of that section to children in the care of the local authority, except that in the case of a child who is not in the care of a local authority the references in subsection (2) of that section to a local authority shall be construed as references to the voluntary organisation in whose care the child is.

• (2) For the purposes of this section a child is boarded out if he is boarded out, by the voluntary organisation in whose care he is, with foster parents to live in their home as a member of their family.

Transfer of parental rights and duties in relation to children in care of voluntary organisations

Transfer of parental rights and duties to voluntary organisation

64

• (1) Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body—

• (a) that the child is not in the care of any local authority; and

• (b) that a condition specified in section 3(1) of this Act is satisfied; and

• (c) that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,

the authority may, subject to subsections (5) and (6) below, resolve that there shall vest in the organisation the parental rights and duties with respect to that child.

• (2) While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.

• (3) If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly m that other person and the organisation in whose care the child is.

• (4) In determining for the purposes of subsection (1) above whether the condition specified in section 3(1)(b)(i) of this Act is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.

• (5) A resolution under subsection (1) above may not be passed by a local authority in respect of any child unless—

• (a) the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and

• (b) that organisation has requested the authority to pass the resolution.

• (6) The parental rights and duties which may vest in an organisation by virtue of this section do not include—

• (a) the right to consent or refuse to consent to the making of an application under section 18 of the Adoption Act 1976 (orders freeing a child for adoption in England and Wales) or section 18 of the Adoption (Scotland) Act 1978 (orders freeing a child for adoption in Scotland) and

• (b) the right to agree or refuse to agree to the making of an adoption order or an order under section 55 of the Adoption Act 1976 (orders in England and Wales authorising adoption abroad) or section 49 of the Adoption (Scotland) Act 1978 (orders in Scotland authorising adoption abroad),

and regulations made under section 62 of this Act shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.

• (7) Section 5(2) of this Act shall apply in relation to a resolution under subsection (1) above as if it were a resolution under section 3 of this Act.

Duty of local authority to assume parental rights and duties

65

• (1) Where the parental rights and duties with respect to a child are by virtue of a resolution under section 64 of this Act vested in a voluntary organisation, then, if it appears to the local authority for the area in which the child is living that, having regard to the interests of the welfare of the child, it is necessary that the parental rights and duties should no longer be vested in the organisation, the local authority shall resolve that there shall vest in them the parental rights and duties relating to the child.

• (2) The local authority shall within seven days of passing a resolution under subsection (1) above by notice in writing inform the organisation and each parent, guardian or custodian of the child whose whereabouts are known to them that the resolution has been passed.

Effect of resolutions under ss. 64 and 65

66

• (1) A resolution under subsection (1) of section 64 of this Act shall cease to have effect on the passing of a resolution under subsection (1) of section 65 of this Act.

• (2) Section 8 of this Act shall have effect in relation to a resolution under subsection (1) of section 64 of this Act as it has effect in relation to a resolution under section 3 of this Act.

• (3) A resolution under subsection (1) of section 65 of this Act shall be deemed to be a resolution under section 3 of this Act except that sections 3(2) to (7), 4(1) and 5(4) of this Act shall not apply.

Appeals by parents etc.

67

• (1) Subsections (2) to (7) of section 3 of this Act shall apply to a resolution under section 64 of this Act as they apply to a resolution under the said section 3, with the substitution for the reference in subsection (2) to the vesting of parental rights and duties in the local authority of a reference to the vesting of parental rights and duties in the voluntary organisation.

• (2) An appeal may be made—

• (a) where the complaint relates to a resolution under section 64 of this Act, by a person deprived of parental rights and duties by the resolution, or

• (b) where the complaint relates to a resolution under section 65 of this Act, by a person who but for that resolution and an earlier resolution under section 64 would have parental rights and duties,

to a juvenile court having jurisdiction in the area of the authority which passed the resolution, on the ground that—

• (i) there was no ground for the making of the resolution, or

• (ii) that the resolution should in the interests of the child be determined.

• (3) An appeal shall lie to the High Court against the decision of a juvenile court under this section.

• (4) Section 7 of this Act shall apply in relation to proceedings under this section.

Visiting of children in voluntary homes

Visiting of children in voluntary homes

68

• (1) It shall be the duty of local authorities from time to time to cause children in voluntary homes in their area, other than community homes, to be visited in the interests of the well-being of the children, and any person authorised in that behalf by a local authority may enter any such voluntary home in the area of the authority for the purpose of visiting the children in the home.

• (2) Any person authorised in that behalf by a local authority may enter any voluntary home outside the area of the authority for the purpose of visiting children in the home who are in the care of the authority under section 2 of this Act or are for the time being committed to the care of the authority by a care order or by a warrant under section 23(1) of the Children and Young Persons Act 1969 (which relates to remands in the care of local authorities).

• (3) Nothing in subsection (1) or (2) above shall apply to a voluntary home which, otherwise than by virtue of section 74 of this Act, is as a whole subject to inspection by or under the authority of a government department.

• (4) A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.

• (5) Any person who obstructs the exercise of any power of entry or inspection conferred by this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £25 or, in the case of a second or subsequent conviction, to a fine not exceeding £50

After-care of children formerly in care of voluntary organisations

After-care of children formerly in care of voluntary organisations

69

• (1) Where it comes to the knowledge of a local authority that there is in their area any child over compulsory school age who at the time when he ceased to be of that age or at any subsequent time was, but is no longer, in the care of a voluntary organisation, then, unless the authority are satisfied that the welfare of the child does not require it, they shall be under a duty so long as he has not attained the age of eighteen to advise and befriend him; but if the local authority are satisfied that the voluntary organisation have the necessary facilities for advising and befriending the child, the local authority may make arrangements whereby, while the arrangements continue in force, he shall be advised and befriended by the voluntary organisation instead of by the local authority.

• (2) Where a child over compulsory school age ceases to be in the care of a voluntary organisation, the organisation shall inform the local authority for the area in which the child proposes to reside.

• (3) Where it comes to the knowledge of a local authority or a voluntary organisation that a child whom they have been advising and befriending in pursuance of this section proposes to transfer or has transferred his residence to the area of another local authority, the first mentioned local authority or, as the case may be, the voluntary organisation shall inform that other local authority.

Returns of information

Returns of information by voluntary organizations

70

Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the children who are accommodated and maintained in voluntary homes provided by the organisation or who have been boarded out by the organisation.

PART VII — Miscellaneous and Supplementary Provisions

Advisory Council on Child Care

Advisory Council on Child Care

71

• (1) There shall continue to be a council, to be known as the Advisory Council on Child Care, for the purpose of advising the Secretary of State on matters connected with the discharge of his functions in England and Wales under—

• (a) this Act,

• (b) the Children and Young Persons Acts 1933 to 1969,

• (c) the Children Act 1975, and

• (d) the Adoption Act 1976.

• (2) The Advisory Council on Child Care shall consist of such persons, to be appointed by the Secretary of State, as the Secretary of State may think fit, being persons specially qualified to deal with matters affecting the welfare of children and persons having such other qualifications as the Secretary of State considers requisite. Among the persons appointed under this subsection there shall be persons having experience in local government.

• (3) The Secretary of State shall appoint a person to be chairman, and a person to be the secretary, of the Advisory Council on Child Care.

• (4) It shall be the duty of the Advisory Council on Child Care to advise the Secretary of State on any matter which the Secretary of State may refer to them, being such a matter as is mentioned in subsection (1) above, and they may also, of their own motion, make representations to the Secretary of State as respects any such matter as is mentioned in that subsection.

• (5) The Secretary of State may make out of moneys provided by Parliament such payments to the members of the Advisory Council on Child Care in respect of travelling, subsistence and other expenses as he may with the consent of the Minister for the Civil Service determine.

Powers and duties of local authorities

Accommodation of persons over school age in convenient community home

72

A local authority may provide accommodation in a community home for any person who is over compulsory school age but has not attained the age of twenty-one if the community home is provided for children who are over compulsory school age and is near the place where that person is employed or seeking employment or receiving education or training.

Provisions as to places of safety etc.

73

• (1) Local authorities shall make provision in community homes provided by them or in controlled community homes for the reception and maintenance of—

• (a) children removed to a place of safety under the Children and Young Persons Act 1933, sections 2(5), 16(3) or 28 of the Children and Young Persons Act 1969, section 34 of the Adoption Act 1976, or section 12 of the Foster Children Act 1980, and

• (b) children detained by them in pursuance of arrangements under section 29(3) of the Children and Young Persons Act 1969.

• (2) Where under any of the enactments mentioned in subsection (1) above a child is removed to a place of safety, not being a community home provided by a local authority or a controlled community home and not being a hospital vested in the Secretary of State, the expenses of the child's maintenance there shall be recoverable from the local authority within whose area the child was immediately before his removal.

Inspection and Inquiries

Inspection of children's homes etc. by persons authorised by Secretary of State

74

• (1) Subject to subsection (2) below, the Secretary of State may cause to be inspected from time to time—

• (a) any community home provided by a local authority under section 34 of this Act;

• (b) any voluntary home (whether a community home or not);

• (c) any premises in which a child is living with a person (other than his parent, guardian, relative or custodian) with whom he has been placed by an adoption agency within the meaning of section 1 of the Adoption Act 1976;

• (d) any other premises at which one or more children in the care of a local authority are being accommodated and maintained;

• (e) any other premises at which one or more children are being boarded out by a voluntary organisation, and

• (f) any other premises where a protected child within the meaning of Part III of the Adoption Act 1976 or a foster child within the meaning of the Foster Children Act 1980, or a child to whom any of the provisions of the said Act of 1980 are extended by section 17 or 18 thereof, is being accommodated or maintained.

• (2) Subsection (1) above does not apply to any home or other premises which is as a whole subject to inspection by or under the authority of a government department.

• (3) An inspection under this section shall be conducted by a person authorised in that behalf by the Secretary of State, but an officer of a local authority shall not be so authorised except with the consent of that authority.

• (4) Any person inspecting a home or other premises under this section may inspect the children therein and make such examination into the state and management of the home or other premises and the treatment of children therein as he thinks fit.

Powers of entry supplemental to s. 74

75

• (1) A person authorised to inspect any home or other premises under section 74 of this Act shall have a right to enter the home or other premises for that purpose and for any other purpose specified in subsection (4) of that section, but shall if so required produce some duly authenticated document showing his authority to exercise the power of entry conferred by this subsection.

• (2) A person who obstructs the exercise by a person authorised as mentioned in subsection (1) above of a power of entry conferred thereby shall be guilty of an offence and liable on summary conviction to a fine not exceeding £5 or, in the case of a second or subsequent conviction, to a fine not exceeding £20.

• (3) A refusal to allow any such person as is mentioned in subsection (1) above to enter any such home or other premises as are mentioned in section 74(1) of this Act shall be deemed, for the purposes of section 40 of the Children and Young Persons Act 1933 (which relates to search warrants), to be a reasonable cause to suspect that a child in the home or other premises is being neglected in a manner likely to cause him unnecessary suffering or injury to health.

Inquiries

76

• (1) The Secretary of State may cause an inquiry to be held into any matter relating to—

• (a) the functions of the social services committee of a local authority, in so far as those functions relate to children;

• (b) the functions of an adoption agency within the meaning of section 1 of the Adoption Act 1976;

• (c) the functions of a voluntary organisation in so far as those functions relate to voluntary homes;

• (d) a home maintained by the Secretary of State for the accommodation of children who are in the care of local authorities and are in need of the particular facilities and services provided in the home;

• (e) the detention of a child under section 53 of the Children and Young Persons Act 1933.

• (2) The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given, the person holding the inquiry may if he thinks fit hold it or any part of it in private.

• (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

• (4) In this section—

• " functions " includes powers and duties which a person has otherwise than by virtue of any enactment;

• " voluntary home " means a home or other institution for the boarding, care and maintenance of poor children which is supported wholly or partly by voluntary contributions, but does not include a mental nursing home within the meaning of the Nursing Homes Act 1975 or a residential home for mentally disordered persons within the meaning of the Residential Homes Act 1980.

Research and training

Research

77

• (1) The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities under—

• (a) this Act,

• (b) the Children and Young Persons Acts 1933 to 1969, or

• (c) the Foster Children Act 1980,

or any matter connected with the adoption of children.

• (2) Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions under the enactments mentioned in subsection (1) above or their functions connected with the adoption of children.

• (3) Any expenses incurred by the Secretary of State under this section shall be defrayed out of moneys provided by Parliament.

Grants for training in child care

78

• (1) The Secretary of State with the consent of the Treasury may out of moneys provided by Parliament defray or contribute towards any fees or expenses incurred by persons undergoing training approved by the Secretary of State with a view to, or in the course of, their employment for the purposes of any of the enactments specified in subsection (2) below, or their employment by a voluntary organisation for similar purposes, and may defray or contribute towards the cost of maintenance of persons undergoing such training.

• (2) The enactments referred to in subsection (1) above are—

• (a) this Act,

• (b) Parts III and IV of the Children and Young Persons Act 1933.

• (c) the Children and Young Persons Act 1963, except Part II and section 56,

• (d) the Children and Young Persons Act 1969,

• (e) section 7(4) of the Family Law Reform Act 1969, section 44 of the Matrimonial Causes Act 1973 and section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978.

• (f) the Adoption Act 1976,

• (g) the Foster Children Act 1980.

Returns of information and presentation of reports etc. to Parliament

Returns of information and presentation of reports etc. to Parliament

79

• (1) Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars as he may require—

• (a) with respect to the performance by the local authority of all or any of their functions under the enactments mentioned in subsection (5) below; and

• (b) with respect to the children in relation to whom the authority have exercised those functions.

• (2) The clerk of each juvenile court shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the proceedings of the court.

• (3) The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsection (1) and (2) above and under section 70 of this Act.

• (4) The Secretary of State shall lay before Parliament in 1982 and in every third subsequent year a report with respect to the exercise by local authorities of their functions under the enactments mentioned in subsection (5) below, the provision by voluntary organisations of facilities for children and such other matters relating to children as he thinks fit.

• (5) The enactments referred to in subsections (1) and (4) above are—

• (a) this Act,

• (b) Parts III and IV of the Children and Young Persons Act 1933,

• (c) section 9 of the Mental Health Act 1959 and section 10 of that Act so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section,

• (d) section 10 of the Mental Health (Scotland) Act 1960 so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section,

• (e) the Children and Young Persons Act 1963, except Part II and section 56,

• (f) the Children and Young Persons Act 1969,

• (g) section 7(4) of the Family Law Reform Act 1969, section 44 of the Matrimonial Causes Act 1973 and section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978,

• (h) the Adoption Act 1976,

• (i) the Foster Children Act 1980.

Financial Provisions

Expenses of Secretary of State in providing homes offering specialised facilities

80

There shall be defrayed out of moneys provided by Parliament any expenses incurred by the Secretary of State in providing, equipping and maintaining homes for the accommodation of children who are in the care of local authorities and are in need of particular facilities and services which are provided in those homes and are, in the opinion of the Secretary of State, unlikely to be readily available in community homes.

Grants in respect of secure accommodation

81

• (1) The Secretary of State may make to local authorities out of moneys provided by Parliament grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authorities in providing secure accommodation in community homes other than assisted community homes.

• (2) The Secretary of State may with the consent of the Treasury require the local authority to repay the grant, in whole or in part, if the secure accommodation in respect of which the grant was made (including such accommodation in a controlled community home) ceases to be used as such.

• (3) In this section "secure accommodation" means accomodation provided for the purposes of restricting the liberty of children in a community home.

Grants in respect of voluntary homes which are assisted community homes

82

The Secretary of State may make to voluntary organisations out of moneys provided by Parliament grants of such amounts and subject to such conditions as he may with the consent of the Treasury determine towards expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which at the time the expenditure was incurred were assisted community homes or were designated as such in a regional plan which was then in operation, including expenses incurred by them in respect of the borrowing of money to defray any such expenditure.

Administrative expenses of Secretary of State

83

Any administrative expenses incurred by the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

Supplementary provisions

Prosecution of offences

84

A local authority may institute proceedings for any offence under section 9(4) or 13(1) of this Act and any offence under Part VI of this Act.

Regulations and orders

85

• (1) Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 35(1) or 40(2) of this Act, shall be exercisable by statutory instrument.

• (2) Any statutory instrument made in exercise of any power to make regulations or orders conferred by this Act, except an instrument containing only an order under section 43 of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Any directions given by the Secretary of State under any provision of this Act may be revoked or varied by subsequent directions under that provision.

• (4) Any regulations made by the Secretary of State under section 11 or 39 of this Act or any order made by the Secretary of State under this Act may—

• (a) make different provision for different circumstances;

• (b) provide for exemptions from any provisions of the regulations or order; and

• (c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the regulations or order.

Provisions as to copies of orders

86

A document purporting to be a copy—

• (a) of an order made by a court under or by virtue of any of the provisions contained in sections 47, 48 and 49 of this Act, or

• (b) of an affiliation order referred to in an order under section 49 of this Act,

shall, if it purports to be certified as a true copy by the clerk of the court, be evidence of the order.

Interpretation

87

• (1) In this Act, unless the context otherwise requires—

• " arrears order " has the meaning assigned to it by section 51 of this Act;

• " care order " has the meaning assigned to it by section 20 of the Children and Young Persons Act 1969 ;

• " child " means a person under the age of eighteen years and any person who has attained that age and is the subject of a care order;

• " commission area " has the same meaning as in section 1 of the Justices of the Peace Act 1979 ;

• " compulsory school age " has the same meaning as in the Education Act 1944;

• " contribution order " has the meaning assigned to it by section 47 of this Act;

• " functions " includes powers and duties;

• " guardian " means a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child;

• " hospital " has the meaning assigned to it by section 128(1) of the National Health Service Act 1977 ;

• " instrument of management " means an instrument of management made under section 35 of this Act;

• " interim order ", in relation to a care order, has the meaning assigned to it by section 20 of the Children and Young Persons Act 1969 ;

• " local authority " means the council of a county (other than a metropolitan county), of a metropolitan district or of a London borough or the Common Council of the City of London;

• " local education authority " means a local education authority for the purposes of the Education Act 1944 ;

• " parent ", in relation to a child who is illegitimate, means his mother, to the exclusion of his father ;

• " planning area " has the meaning assigned to it by section 31(1) of this Act;

• " regional plan " has the meaning assigned to it by section 32(1) of this Act;

• " relative ", in relation to a child, means a grand-parent, brother, sister, uncle or aunt, whether of the full blood, of the half blood, or by affinity, and includes, where the child is illegitimate, the father of the child and any person who would be a relative of the child within the meaning of this definition if the child were the legitimate child of his mother and father;

• " the relevant authorities ", in relation to a planning area, has the meaning assigned to it by section 31(3) of this Act;

• " supervision requirement" has the same meaning as in the Social Work (Scotland) Act 1968;

• " trust deed." has the meaning assigned to it by section 36 of this Act;

• " voluntary home " has the meaning assigned to it by section 56 of this Act;

• "voluntary organisation" means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

• (2) Any reference in this Act to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enaotment as amended by any Act of that Parliament or by any Measure of the Northern Ireland Assembly, whether passed before or after this Act, and to any enactment of that Parliament or Assembly for 'the time being in force which re-enacts the said enactment with or without modifications.

Application to the Isles of Scilly

88

This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

Transitional provisions, consequential amendments and repeals

89

• (1) This Act shall have effect subject to the transitional provisions and savings set out in Schedule 4 to this Act.

• (2) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.

• (3) The enactments specified in Schedule 6 to this Act are repealed to the extent specified in the third column of that Schedule.

• (4) The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

Commencement

90

• (1) Subject to the provisions of subsections (2), (3) and (4) below, this Act shall come into force on such date as the Secretary of State may by order appoint.

• (2) If, on the date appointed under subsection (1) above, the provision of section 58 of the Children Act 1975 which provides for the insertion into the Children Act 1948 of section 4B (guardians ad litem and reports in care proceedings) is not in force, then section 7 of this Act (and the repeal by this Act of section 58 of the Act of 1975 and section 4B of the Act of 1948) shall not come into force until the date appointed under section 108(2) of the Act of 1975 for the coming into force of that provision.

• (3) If, on the date appointed under subsection (1) above, paragraph 71(b) of Schedule 3 to the Children Act 1975 is not in force, then section 20 of this Act (and the repeal by this Act of the said paragraph 71 and section 27(4) of the Children and Young Persons Act 1969) shall not come into force until the date appointed under section 108(2) of the Act of 1975 for the coming into force of that paragraph; and, until that paragraph is in force, section 20 of this Act shall have effect as if in subsection (1) of that section for the words from " to review the case " to the end of the section there were substituted the words—

who have at any time had a child in their care throughout the preceding six months and have not during that period held a review of his case in pursuance of this section to review his case as soon as is practicable after the expiration of that period and, if a care order is in force with respect to him, to consider in the course of the review whether to make an application for the discharge of the order

.

• (4) If, on the date appointed under subsection (1) above, sections 60 to 63 of the Children Act 1975 (which relate to the transfer of parental rights and duties to voluntary organisations) are not in force, then sections 64 to 67 of this Act (and the repeal by this Act of the said sections 60 to 63) shall not come into force until the date appointed under section 108(2) of the Act of 1975 for the coming into force of those sections.

Short title and extent

91

• (1) This Act may be cited as the Child Care Act 1980.

• (2) Except for the following provisions, that is to say—

• (a) section 2(4) and (5),

• (b) section 16(1), (4) and (5).

• (c) section 89(2) and paragraphs 2 to 4, 9 to 11, 13, 15, 16, 21 and 22 of Schedule 5,

• (d) section 89(3) and Schedule 6 so far as they relate to—

• the Adoption of Children Act 1949,

• the Maintenance Orders Act 1950,

• paragraph 38 of Schedule 3 to the Children and Young Persons Act 1963,

• the entry relating to the Children Act 1948 in Schedule 3 to the Criminal Justice Act 1967,

• the Social Work (Scotland) Act 1968, and section 32(1) of the Children and Young Persons Act 1969,

• (e) section 90(1), and

• (f) this section,

this Act does not extend to Scotland.

• (3) Except for the following provisions, that is to say—

• (a) section 16,

• (b) section 89(2) and paragraphs 2 and 3 of Schedule 5,

• (c) section 89(3) and Schedule 6 so far as they relate to—

• the Maintenance Orders Act 1950, and

• section 32(1) of the Children and Young Persons Act 1969,

• (d) section 90(1), and

• (e) this section,

this Act does not extend to Northern Ireland.

• (4) Section 16(1) and (5) of this Act and this section extend to the Channel Islands.

• (5) It is hereby declared that the provisions of section 87 of this Act extend to each of the countries aforesaid so far as appropriate for the purposes of any other provision of this Act which extends to the country in question.

SCHEDULE 1

1

• (1) Subject to the following provisions of this Schedule, the children's regional planning committee for a planning area (in this Schedule referred to as " the committee ") shall consist of such number of persons selected and appointed in such manner and holding office on such terms as the relevant authorities may from time to time approve.

• (2) No person who is disqualified by virtue of section 80 of the Local Government Act 1972 from being a member of any local authority which is one of the relevant authorities for a planning area may be a member of the committee for that area.

2

• (1) Subject to sub-paragraph (2) of this paragraph, the relevant authorities for a planning area shall so exercise their powers under paragraph 1(1) of this Schedule as to secure that each authority nominates as a member of the committee for the area at least one person who is not so nominated by any other of the relevant authorities.

• (2) If the Secretary of State considers that owing to special circumstances the requirement imposed by sub-paragraph (1) of this paragraph should be dispensed with in the case of a particular authority he may direct accordingly.

• (3) The members of the committee for a planning area who are nominated by the relevant authorities are in the following provisions of this Schedule referred to as " the nominated members ".

3

• (1) Without prejudice to any power of co-option conferred on the committee for a planning area under paragraph 1(1) of this Schedule, but subject to paragraph 4 of this Schedule, the nominated members of the committee may co-opt other persons to serve as members of the committee, either generally or in relation only to such matters as may be specified by the nominated members.

• (2) Where any persons are co-opted to serve as members of the committee for a planning area in relation only to such matters as are specified by the nominated members then, subject to any directions given by the relevant authorities, the extent to which those persons shall be entitled to attend, speak and vote at meetings of the committee shall be such as may be determined by the nominated members.

4

The relevant authorities for a planning area shall so exercise their powers under paragraph 1(1) of this Schedule, and the nominated members of the committee for a planning area shall so limit any exercise of their power under paragraph 3 of this Schedule, as to secure that at all times a majority of the members of the committee for the planning area are members of the relevant authorities.

5

Subject to any directions given by the relevant authorities, the procedure and quorum of the committee for a planning area shall be such as may be determined by the nominated members.

6

Section 103 of the Local Government Act 1972 (which relates to the expenses of joint committees of local authorities) shall apply to the committee for a planning area as it applies to such a joint committee as is mentioned in that section, but as if—

• (a) for references to the local authorities by whom the committee is appointed there were substituted references to the relevant authorities; and

• (b) for paragraphs (a) and (b) of that section there were substituted the words " by the Secretary of State ";

and Part VIII of the Local Government Act 1972 (which relates to accounts and audit) shall apply to the accounts of the committee for a planning area as it applies to the accounts of such a joint committee as is mentioned in section 154(1) of that Act.

SCHEDULE 2

1

Where the person liable to make contributions in respect of a child is for the time being residing in Scotland or Northern Ireland, section 45(2) of this Act shall have effect as if for the reference to the local authority for the area in which that person is for the time being residing there were substituted a reference to the local authority having the care of the child.

2

• (1) Where the person to be charged under a contribution order resides in Scotland or Northern Ireland, section 47(1) of this Act shall have effect as if for the reference to a magistrates' court appointed for the commission area where that person is for the time being residing there were substituted a reference to a magistrates' court having jurisdiction within the area of the authority entitled to receive the contributions.

• (2) Where the person on whom a contribution order has been made is for the time being residing in Scotland or Northern Ireland, section 47(4) of this Act shall have effect as if the words from " except that" to the end of the subsection were omitted.

3

Where the person on whom a contribution order or arrears order has been made is for the time being residing in Scotland or Northern Ireland, section 48(1) of this Act shall not apply.

4

• (1) Where the putative father of an illegitimate child resides in Scotland or Northern Ireland, subsections (1) and (2) of section 49 of this Act shall have effect as if for the reference in each subsection to the commission area where the putative father is for the time being residing there were substituted a reference to the place where the mother of the child is for the time being residing.

• (2) Where the person liable under an affiliation order in respect of which an order under section 49(1) or (2) of this Act is in force is for the time being residing in Scotland or Northern Ireland, paragraph (a) of section 49(4) of this Act shall not apply.

5

Where the putative father of a child in respect of whom an order has been made under section 49 of this Act is for the time being residing in Scotland or Northern Ireland, section 50(5) of this Act shall have effect as if for references to the local authority whose area includes the place where the putative father of the child resides, and to the magistrates' court appointed for the commission area which includes that place, there were substituted references to the local authority who, if the affiliation order were still in force, would be entitled to payments thereunder, and to a magistrates' court having jurisdiction within the area of that authority.

6

Where the person who was liable to make contributions in respect of a child resides in Scotland or Northern Ireland, section 51(1) of this Act shall have effect as if for the reference to the magistrates' court therein mentioned there were substituted a reference to a magistrates' court having jurisdiction in the area or part of the area of the local authority which is applying for an arrears order.

7

Where the person liable to make payments under an order made under section 47, 49, 50 or 51 of this Act is for the time being residing in Scotland or Northern Ireland, section 54(1) of this Act shall have effect as if for the reference to the local authority within whose area the person liable under the order is for the time being residing there were substituted a reference to the local authority to whom sums are payable under the order and as if for the words " when he was not resident in the area of that authority " there were substituted the words " when that authority were not entitled to sums payable under the order ".

SCHEDULE 3

Constitution of Appeal Tribunals

1

For the purpose of enabling appeal tribunals to be constituted as occasion may require, there shall be appointed two panels, that is to say—

• (a) a panel (hereinafter referred to as the " legal panel") appointed by the Lord Chancellor, of persons who will be available to act when required as chairman of any such tribunal; and

• (b) a panel (hereinafter referred to as the "welfare panel") appointed by the Lord President of the Council, of persons who will be available to act when required as members of any such tribunal.

2

• (1) No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable, and no person shall be qualified to be appointed to the welfare panel unless he has had such experience in children's welfare work as the Lord President of the Council considers suitable.

• (2) An officer of any government department shall be disqualified from being appointed to either of the said panels.

3

Any person appointed to be a member of either of the said panels shall hold office as such subject to such conditions as to the period of his membership and otherwise as may be determined by the Lord Chancellor or the Lord President of the Council, as the case may be.

4

Where any appeal is required to be determined by a tribunal constituted in accordance with this Schedule, the tribunal shall consist of a chairman being a member of the legal panel and two other members being members of the welfare panel, and the chairman and other members of the tribunal shall be impartial persons appointed from those panels by the Lord Chancellor and the Lord President of the Council respectively.

SCHEDULE 4

Children in care under Children Act 1948

1

Any reference in this Act to a child in the care of a local authority under section 2 of this Act shall be construed as including a reference to a child received into the care of the authority under section 1 of the Children Act 1948.

Children in care by virtue of an order which is deemed to be a care order

2

Any reference in this Act to a care order committing a child to the care of a local authority shall be construed as including an order made under the Children and Young Persons Act 1933 which is deemed, by virtue of Schedule 4 to the Children and Young Persons Act 1969, to be a care order committing the child to the care of that authority.

3

Sections 23 and 29 of this Act shall apply in relation to a child who is or has been in the care of a local authority by virtue of an order made under the Children and Young Persons Act 1933 which is deemed by virtue of paragraph 8 of Schedule 4 to the Children and Young Persons Act 1969 to be a care order as they apply in relation to a child who is or has been in the care of a local authority under section 2 of this Act.

Periods of time

4

Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Custodians

5

If at the commencement of this Act section 33 of the Children Act 1975 (which relates to custodianship orders) is not in force, then, until that section is in force.—

• (a) section 3 of this Act shall have effect as if in subsections (1) and (10) the words " or custodian " were omitted; and

• (b) section 5 of this Act shall have effect as if in subsection (1)(a) for the words " parent, guardian or custodian" there were substituted the words " parent or guardian ".

Children in care by virtue of order under Matrimonial Proceedings {Magistrates' Courts) Act 1960

6

Sections 23 and 29 of this Act shall apply in relation to a child who is or has been in the care of a local authority by virtue of an order made under the Matrimonial Proceedings (Magistrates' Courts) Act 1960 as they apply in relation to a child who is or has been in the care of a local authority under section 2 of this Act.

References to section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978

7

If at the commencement of this Act section 9 of the Domestic Proceedings and Magistrates' Courts Act 1978 (which relates to supervision orders) is not in force then, until that section is in force, the references in sections 78 and 79 of this Act to that section shall be construed as references to section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960.

References to provisions of Adoption Act 1976 and Adoption (Scotland) Act 1978

8

If at the commencement of this Act any provision of the Adoption Act 1976 or the Adoption (Scotland) Act 1978 referred to in this Act is not in force, then any reference in this Act to that provision shall, until that provision is in force, be construed as a reference to the enactment for which that provision, when it is in force, will be substituted.

Saving of amendments

9

Notwithstanding the repeal by this Act of section 60 of and Schedule 3 to the Children Act 1948, the amendments made by that Schedule to the Children and Young Persons Act 1933 shall continue to have the same effect as they had immediately before the commencement of this Act.

SCHEDULE 5

Children and Young Persons Act 1933 (c.12)

1

In section 96 of the Children and Young Persons Act 1933 after subsection (1) there shall be inserted the following subsection—

(1A) The local authorities for the purposes of Parts III and IV of this Act shall be the councils of counties (other than metropolitan counties), of metropolitan districts and of London boroughs and the Common Council of the City of London.

.

Maintenance Orders Act 1950 (c.37)

2

In section 15(1) of the Maintenance Orders Act 1950 after the words " Children Act 1975 " there shall be inserted the words " or section 55 of the Child Care Act 1980 ".

3

In section 16(2)(a) of the said Act of 1950, in sub-paragraph (iv) for the words " section 26 of the Children Act 1948 " there shall be substituted the words " section 50 of the Child Care Act 1980 " and in sub-paragraph (v) for the words " section 87 of the Children and Young Persons Act 1933 " there shall be substituted the words " section 47 of the Child Care Act 1980 ".

The Affiliation Orders Act 1952 (c.41)

4

In section 3 of the Affiliation Orders Act 1952—

• (a) in subsection (3((a)(ii) for the words " section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ";

• (b) in subsection (6) for the words "section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ".

The Magistrates' Courts Act 1952 (c.55)

5

In section 56(1) of the Magistrates' Courts Act 1952 after paragraph (m) there shall be added the following paragraph—

(n) section 47, 49 or 50 of the Child Care Act 1980 ;

.

Affiliation Proceedings Act 1957 (c.55)

6

In section 5(2) of the Affiliation Proceedings Act 1957—

• (a) for paragraph (a) there shall be substituted the following paragraph—

(a) section 49 of the Child Care Act 1980 (which provides that, where an illegitimate child is in the care of a local authority, the authority entitled to receive contributions in respect of the child under section 45(2) of that Act may be given the benefit of payments under an affiliation order in respect of the child);

;

• (b) paragraph (b) shall be omitted;

• (c) in paragraph (d) for the words " section 26 of the Children Act 1948" there shall be substituted the words " section 50 of the Child Care Act 1980 ".

7

In section 6A(3) of the said Act of 1957 for the words " section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ".

8

In section 7 of the said Act of 1957—

• (a) in subsection (4)(a) for the words " section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ";

• (b) in subsection (6) for the words " section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ".

Children Act 1958 (c. 65)

9

In section 2(3)(b) of the Children Act 1958 for the words " Part V of the Children and Young Persons Act 1933 " there shall be substituted the words " Part VI of the Child Care Act 1980 "

10

In section 6(1)(d) of the said Act of 1958 after the words " Children Act 1948 " there shall be inserted the words " or under section 3 of the Child Care Act 1980 ".

11

In section 7(4) of the said Act of 1958 for the words " section 1 of the Children Act 1948" there shall be substituted the words " section 2 of the Child Care Act 1980 " and for the words " the said section 1 " there shall be substituted the words " the said section 2 ".

Mental Health Act 1959 (c.72)

12

In section 9 of the Mental Health Act 1959—

• (a) in subsection (1) for the words " section 38 of the Children and Young Persons Act 1969 " there shall be substituted the words " section 34 of the Child Care Act 1980 " and for the words " Part II of the Children Act 1948 " there shall be substituted the words " Part III of that Act ";

• (b) in subsection (3) for the words "section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ";

• (c) in subsection (4) for the words " Children Act 1948 " there shall be substituted the words " Child Care Act 1980 ".

13

In section 10(1)(a) of the said Act of 1959—

• (a) for sub-paragraph (i) there shall be substituted the following sub-paragraph—

(i) section 10 of the Child Care Act 1980 (which relates to the powers and duties of local authorities with respect to persons committed to their care under the Children and Young Persons Act 1969);

;

• (b) for sub-paragraph (iii) there shall be substituted the following sub-paragraph—

(iii) section 3 of the Child Care Act 1980 (which relates to the assumption by a local authority of parental rights and duties in relation to a child in their care);

.

14

In section 50 of the said Act of 1959—

• (a) for paragraph (a) there shall be substituted the following paragraph—

(a) section 10 of the Child Care Act 1980 (which relates to the powers and duties of local authorities with respect to persons committed to their care under the Children and Young Persons Act 1969);

;

• (b) for paragraph (c) there shall be substituted the following paragraph—

(c) section 3 of the Child Care Act 1980 (which relates to the assumption by a local authority of parental rights and duties in relation to a child in their care);

;

• (c) for the words " subsection (2) of the said section 3 " there shall be substituted the words " subsection (1) of the said section 3 ".

Mental Health (Scotland) Act 1960 (c. 61)

15

In section 10(1)(a) of the Mental Health (Scotland) Act 1960—

• (a) in sub-paragraph (ii) for the words " section 24 of the Children and Young Persons Act 1969 " there shall be substituted the words " section 10 of the Child Care Act 1980 ; "

• (b) for sub-paragraph (iii) there shall be substituted the following sub-paragraph—

(iii) section 3 of the Child Care Act 1980 (which relates to the assumption by a local authority of parental rights and duties in relation to a child in their care);

.

16

In section 46 of the said Act of 1960—

• (a) in paragraph (b) for the words " section 24 of the Children and Young Persons Act 1969 " there shall be substituted the words " section 10 of the Child Care Act 1980 ";

• (b) in paragraph (d) for the words " Children Act 1948 " there shall be substituted the words " Child Care Act 1980 ";

• (c) for the words " subsection (2) of the said section 3 " there shall be substituted the words " subsection (1) of the said section 3 ".

London Government Act 1963 (c. 33)

17

In section 47(4) of the London Government Act 1963 for the words " Children Act 1948 or the Children and Young Persons Act 1933 " there shall be substituted the words " Child Care Act 1980 ".

Children and Young Persons Act 1963 (c.37)

18

In section 63 of the Children and Young Persons Act 1963 after subsection (1) there shall be inserted the following subsection—

(1A) The local authorities for the purposes of Parts I and III of this Act shall be the councils of counties (other than metropolitan counties), of metropolitan districts and of London boroughs and the Common Council of the City of London.

.

Health Services and Public Health Act 1968 (c.46)

19

In section 64(3)(a) of the Health Services and Public Health Act 1968 there shall be added at the end the following paragraph—

(xix) the Child Care Act 1980 except so far as it relates to any voluntary home designated as mentioned in section 35(1) of that Act as a controlled or assisted community home

.

20

In section 65(3)(b) of the said Act of 1968 there shall be added at the end the following paragraph—

(xx) the Child Care Act 1980

.

Social Work (Scotland) Act 1968 (c.49)

21

In section 21(3) of the Social Work (Scotland) Act 1968 for the words " section 13 of the Children Act 1948 " there shall be substituted the words " section 21 of the Child Care Act 1980 ".

22

In section 86(3) of the said Act of 1968 for the words " Children Act 1948, the Children and Young Persons Act 1933 " there shall be substituted the words " Child Care Act 1980 ".

Family Law Reform Act 1969 (c.46)

23

In section 7 of the Family Law Reform Act 1969—

• (a) in subsection (2) for the words " Part II of the Children Act 1948 " there shall be substituted the words " Part III of the Child Care Act 1980 " and for the words " section 1 " there shall be inserted the words " section 2 "; and

• (b) in subsection (3) there shall be added at the end the words " and as if, in relation to a ward of court, the reference in subsection (5)(b) to sections 24 and 28 of the Child Care Act 1980 included a reference to section 23 of that Act (guarantee of apprenticeship deeds) and section 29 of that Act (visiting and assistance of persons formerly in care). "

Children and Young Persons Act 1969 (c.54)

24

In section 22(4) of the Children and Young Persons Act 1969 for the words " section 13(2) of the Children Act 1948 " there shall be substituted the words " section 21(2) of the Child Care Act 1980 ".

25

In section 26(3) of the said Act of 1969 the words " and in section 27(4) the words from ' and if' onwards " shall be omitted and for the words " section 13(2) of the Children Act 1948 " there shall be substituted the words " section 21(2) of the Child Care Act 1980 ".

26

In paragraph 11 of Schedule 5 to the said Act of 1969 for the words from " for the words " to the end of the paragraph there shall be substituted the words " for the words from ' section fifty-six' to ' Schedule to' there shall be substituted the words ' section fifty-six of. "

Administration of Justice Act 1970 (c.31)

27

In Schedule 1 to the Administration of Justice Act 1970 at the end there shall be added the following paragraph—

• Proceedings on appeal under section 6 of the Child Care Act 1980

.

28

In Schedule 8 to the said Act of 1970—

• (a) in paragraph 5 for the words " section 26 of the Children Act 1948" there shall be substituted the words " section 50 of the Child Care Act 1980 ";

• (b) in paragraph 6 for the words " section 87 of the Children and Young Persons Act 1933, section 30 of the Children and Young Persons Act 1963 " there shall be substituted the words " section 47 or 51 of the Child Care Act 1980 ".

Local Authority Social Services Act 1970 (c.42)

29

In Schedule 1 to the Local Authority Social Services Act 1970 there shall be added at the end the following entry—

Child Care Act 1980 (c.5)

Promotion of welfare of children ; provision for orphans, deserted children, children suffering from mental disorder etc.; assumption by local authority of parental rights ; children in care ; financing of children's maintenance and education etc; assistance of persons formerly in care ; accommodation for children in care; registration of voluntary children's homes and use of voluntary organisations; research into matters connected with functions under enactments relating to children and young persons.

.

Guardianship of Minors Act 1971 (c.3)

30

In section 5(2) of the Guardianship of Minors Act 1971 for the words " section 2 of the Children Act 1948 " there shall be substituted the words " section 3 of the Child Care Act 1980 ".

31

In section 14A(4) of the said Act of 1971 for the words "Part II of the Children Act 1948 " there shall be substituted the words " Part III of the Child Care Act 1980 ".

Attachment of Earnings Act 1971 (c.32)

32

In Schedule 1 to the Attachment of Earnings Act 1971 —

• (a) in paragraph 6 for the words " section 26 of the Children Act 1948 " there shall be substituted the words " section 50 of the Child Care Act 1980 "; and

• (b) in paragraph 7 for the words " section 87 of the Children and young Persons Act 1933, section 30 of the Children and Young Persons Act 1963 " there shall be substituted the words " section 47 or 51 of the Child Care Act 1980 ".

Tribunals and Inquiries Act 1971 (c.62)

33

In paragraph 4 of Schedule 1 to the Tribunals and Inquiries Act 1971 for the words " section 30 of, and Part I of Schedule 1 to, the Children Act 1948 " there shall be substituted the words " section 58 of, and Schedule 3 to, the Child Care Act 1980 ".

Matrimonial Causes Act 1973 (c.18)

34

In section 43 of the Matrimonial Causes Act 1973—

• (a) in subsection (1) for the words "Part II of the Children Act 1948 " there shall be substituted the words " Part III of the Child Care Act 1980 " and for the words " section 1 of that Act" there shall be substituted the words " section 2 of that Act "; and

• (b) for subsection (5) there shall be substituted the following subsection—

(5) In the application of Part III of the Child Care Act 1980 by virtue of this section— (a) the exercise by the local authority of their powers under sections 18, 21 and 22 of that Act (which among other things relate to the accommodation and welfare of a child in the care of a local authority) shall be subject to any directions given by the court; and (b) section 24 of that Act (which relates to arrangements for the emigration of such a child) and section 28 of that Act (which relates to the aftercare of a child in the care of a local authority under section 2 of that Act) shall not apply.

.

Guardianship Act 1973 (c.29)

35

In section 4 of the Guardianship Act 1973 for subsection (4) there shall be substituted the following subsection—

(4) On the making of an order under section 2(2)(b) above with respect to a minor, Parts III and V of the Child Care Act 1980 (which relate to the treatment of children in the care of a local authority and to contributions towards their maintenance) shall apply as if the minor had been received by the local authority into their care under section 2 of that Act except that— (a) the exercise by the local authority of their powers under sections 18 and 21 of that Act shall, where the order is made by the High Court, be subject to any directions given by the court; (b) section 24 of that Act (which relates to arrangements for emigration) shall not apply ; (c) section 28 of that Act (which relates to the after-care of a child in the care of a local authority under section 2 of that Act) shall not apply ; and (d) section 45(1) of that Act so far as it requires a child's father or mother to make contributions in respect of him shall not apply, but so that references to the local authority who are entitled to receive contributions shall be construed as if section 45(1) did so apply.

.

Legal Aid Act 1974 (c.4)

36

In Schedule 1 to the Legal Aid Act 1974 for paragraph 3(g) there shall be substituted the following sub-paragraph—

(g) proceedings under section 3, 5 or 67(2) of the Child Care Act 1980

.

Children Act 1975 (c.72)

37

In section 103(1)(a) of the Children Act 1975 for paragraph (iii) there shall be substituted the following paragraph—

(iii) section 7 of the Child Care Act 1980

.

Adoption Act 1976 (c.36)

38

In section 31(3) of the Adoption Act 1976 for the words " section 86 of the Children and Young Persons Act 1933 " there shall be substituted the words " section 45 of the Child Care Act 1980 ".

39

In section 34(3) of the said Act of 1976 for the words " section 1 of the Children Act 1948 " there shall be substituted the words " section 2 of the Child Care Act 1980 ".

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

40

In section 8(7) of the Domestic Proceedings and Magistrates' Courts Act 1978 for the words " Part II of the Children Act 1948 " there shall be substituted the words " Part III of the Child Care Act 1980 ".

41

In section 9(4) of the said Act of 1978 for the words "Part II of the Children Act 1948" there shall be substituted the words " Part III of the Child Care Act 1980 ".

42

In section 10 of the said Act of 1978—

• (a) for subsection (4) there shall be substituted the following subsection—

(4) On the making of an order under this section— (a) Part III of the Child Care Act 1980 (which relates to the treatment of children in the care of a local authority), except section 24 (which relates to arrangements for the emigration of such children) and section 28 (which relates to the after-care of children who have been in the care of a local authority under section 2 of that Act); and (b) for the purposes only of contributions by the child himself at a time when he has attained the age of 16 and is engaged in remunerative full-time work, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority), shall apply as if the child had been received by the local authority into their care under section 2 of that Act

;

• (b) in subsection (8) for the words " Part II of the Children Act 1948 " there shall be substituted the words " Part III of the Child Care Act 1980 ".

SCHEDULE 6