Children and Young Persons Act 2001


Published: 2016-07-22

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Children and Young Persons Act 2001

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AT 20 of 2001

CHILDREN AND YOUNG PERSONS ACT

2001

Children and Young Persons Act 2001 Index


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CHILDREN AND YOUNG PERSONS ACT 2001

Index Section Page

PART 1 – GENERAL PROVISIONS 9

General principle 9

1 Welfare of the child ........................................................................................................ 9
Parental responsibility 10

2 Meaning of “parental responsibility” ........................................................................ 10
3 Parental responsibility for children ............................................................................ 11
4 Acquisition of parental responsibility by natural father ......................................... 12
Marital children 12

5 Meaning of “marital child” ......................................................................................... 12
Guardianship 13

6 Appointment of guardian by High Court ................................................................. 13
7 Appointment of guardian: other cases ...................................................................... 13
8 Termination of appointment ....................................................................................... 15
Supplemental 16

9 Duration of orders ........................................................................................................ 16
10 Restriction on further applications ............................................................................. 16
PART 2 – ORDERS WITH RESPECT TO CHILDREN 16

11 Orders with respect to children .................................................................................. 16
12 S 11 orders: further provisions .................................................................................... 17
13 Leave to apply for s 11 order ....................................................................................... 19
14 Restrictions on making s 11 orders ............................................................................ 19
15 Duration of orders ........................................................................................................ 20
16 Effect of residence order .............................................................................................. 20
17 Enforcement of certain residence orders ................................................................... 21
17A Special guardianship orders ........................................................................................ 21
17B Special guardianship orders: making ........................................................................ 22
17C Special guardianship orders: effect ............................................................................ 23
17D Special guardianship orders: variation and discharge ............................................ 24
17E Special guardianship orders: supplementary ........................................................... 25
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17F Special guardianship support services ...................................................................... 25
18 Financial provision orders .......................................................................................... 26
19 Jurisdiction .................................................................................................................... 26
20 Wardship ....................................................................................................................... 27
21 Restriction on further applications ............................................................................ 28
PART 3 – GENERAL FUNCTIONS OF DEPARTMENT 29

General 29

22 General duties of Department .................................................................................... 29
23 Functions of Department in relation to children in danger or need ..................... 29
24 Duties of Department where it looks after children ................................................ 30
24A Fostering service ........................................................................................................... 31
Provision of accommodation for children 32

25 Provision of accommodation ...................................................................................... 32
26 Manner in which accommodation may be provided .............................................. 33
27 Secure accommodation ................................................................................................ 34
Supplemental 35

28 Regulations .................................................................................................................... 35
29 Investigations ................................................................................................................ 36
30 Reports ........................................................................................................................... 36
PART 4 – CARE AND SUPERVISION 37

31 Care and supervision orders ....................................................................................... 37
32 Effect of care order ....................................................................................................... 38
33 Parental contact etc with children in care ................................................................. 39
34 Supervision orders ....................................................................................................... 40
35 Interim orders ............................................................................................................... 41
36 Power to include exclusion requirement in interim care order ............................. 42
37 Revocation etc of care orders ...................................................................................... 42
38 Duration of care orders ................................................................................................ 43
39 Orders etc pending appeal .......................................................................................... 43
40 Restrictions on applications ........................................................................................ 44
PART 5 – PROTECTION OF CHILDREN 45

41 Assessment orders........................................................................................................ 45
42 Emergency protection orders ..................................................................................... 46
43 Power to include exclusion requirement in emergency protection order ............ 49
44 Duration of emergency protection orders etc .......................................................... 49
45 Removal by police ........................................................................................................ 51
46 Department’s duty to investigate ............................................................................... 52
47 Discovery of children in need of protection ............................................................. 54
47A Warrants for emergency protection orders .............................................................. 55
48 Abduction of person in care ........................................................................................ 55
49 Recovery of abducted person ..................................................................................... 56
49A Return of missing children .......................................................................................... 57
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PART 6 – [REPEALED] 58

PART 7 – FOSTERING 58

57 Private fostering ............................................................................................................ 58
58 Disqualifications ........................................................................................................... 59
59 Restrictions on private fostering ................................................................................. 60
60 Regulations as to fostering .......................................................................................... 61
61 Fostering limit ............................................................................................................... 62
62 Welfare of privately fostered children ....................................................................... 63
63 Powers of care Act inspectors ..................................................................................... 64
64 [Repealed] ...................................................................................................................... 64
65 [Repealed] ...................................................................................................................... 64
66 [Repealed] ...................................................................................................................... 64
67 [Repealed] ...................................................................................................................... 64
68 [Repealed] ...................................................................................................................... 64
PART 8 – PROCEEDINGS INVOLVING CHILDREN AND YOUNG

PERSONS 64

Proceedings involving children and young persons 64

69 General considerations ................................................................................................. 64
70 Age of criminal responsibility ..................................................................................... 65
71 Separation of children and young persons from adults in courts etc ................... 65
72 Bail or detention of children and young persons arrested ..................................... 65
73 Detention of child or young person ........................................................................... 66
74 Children in court during trials .................................................................................... 67
75 Clearing court while child or young person is giving evidence ............................ 67
76 Remand or committal of child or young person ...................................................... 68
77 Evidence by minors ...................................................................................................... 70
78 Admissibility of hearsay evidence ............................................................................. 70
79 Powers in relation to certain offences ........................................................................ 70
80 Identification of child or young person in media..................................................... 72
81 Findings of guilt etc ...................................................................................................... 73
82 Power to impose penalty etc on parent of child or young person ......................... 73
Supervision orders in criminal proceedings 74

83 Power to make supervision order in criminal proceedings.................................... 74
PART 9 – FERTILISATION, SURROGACY ETC. 75

Human fertilisation and embryology 75

84 Prohibition on activities connected with embryos etc ............................................. 75
85 Provision for licensing of certain activities ............................................................... 75
86 Meaning of “mother” ................................................................................................... 76
87 Meaning of “father”...................................................................................................... 77
88 Effect of sections 86 and 87 .......................................................................................... 78
89 Parental orders in favour of donors ........................................................................... 79
Surrogacy arrangements 80

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90 Surrogacy arrangements unenforceable ................................................................... 80
91 Negotiating surrogacy arrangements ........................................................................ 80
92 Bodies negotiating surrogacy arrangements etc ...................................................... 81
93 Advertisements about surrogacy ............................................................................... 82
Supplemental 83

94 Offences under Part 9 .................................................................................................. 83
95 Interpretation of Part 9 ................................................................................................ 84
PART 10 – MISCELLANEOUS AND SUPPLEMENTAL 85

96 Representation of child in family proceedings ........................................................ 85
97 Appeals to High Court ................................................................................................ 86
98 [Repealed] ...................................................................................................................... 86
99 [Repealed] ...................................................................................................................... 86
100 and 101 [Repealed] ....................................................................................................... 86
102 Interpretation - general ................................................................................................ 86
103 Reciprocal effect of orders ........................................................................................... 88
104 Subordinate legislation ................................................................................................ 89
105 Transitional provisions, amendments and repeals.................................................. 89
106 Short title and commencement ................................................................................... 89
SCHEDULE 1 91

FINANCIAL PROVISION FOR CHILDREN 91
SCHEDULE 2 99

CHILDREN LOOKED AFTER BY DEPARTMENT 99
SCHEDULE 3 105

CONTRIBUTIONS TOWARDS MAINTENANCE 105
SCHEDULE 4 108

SUPERVISION ORDERS 108
SCHEDULE 5 113

EXCLUSION REQUIREMENTS ETC. 113
SCHEDULE 6 115

SCHEDULE 7 115

SCHEDULE 8 115

OFFENCES REFERRED TO IN SECTION 79 115
SCHEDULE 9 116

SUPERVISION ORDERS IN CRIMINAL PROCEEDINGS 116
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SCHEDULE 10 127

SCHEDULE 11 127

TRANSITIONAL PROVISIONS 127
SCHEDULE 12 130

AMENDMENT OF ENACTMENTS 130
SCHEDULE 13 131

ENACTMENTS REPEALED 131
ENDNOTES 133

TABLE OF LEGISLATION HISTORY 133
TABLE OF RENUMBERED PROVISIONS 133
TABLE OF ENDNOTE REFERENCES 133

Children and Young Persons Act 2001 Section 1


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c i e
CHILDREN AND YOUNG PERSONS ACT 2001

Received Royal Assent: 10 July 2001
Passed: 11 July 2001
Commenced: See endnotes
AN ACT
to re-enact Parts I and II of the Family Law Act 1991; to reform the law
relating to children; to provide for social services for children in danger and in
need; to provide for the regulation of fostering; to make new provision for
human fertilisation, embryology and surrogacy; and for connected purposes.1

PART 1 – GENERAL PROVISIONS

General principle
1 Welfare of the child

[P1989/41/1 and 11; P1991/3/1 and 11]
(1) When a court determines any question with respect to —
(a) the upbringing of a child, or
(b) the administration of a child’s property or the application of any
income arising from it,
the welfare of that child shall be the court’s paramount consideration.
(2) In any proceedings in which any question with respect to the upbringing
of a child arises, the court shall have regard to the general principle that
any delay in determining the question is likely to prejudice the welfare of
the child.
(3) Subject to subsections (1) and (2), a court in any proceedings referred to
in subsection (2) shall seek, so far as practicable, to promote the
upbringing of children by their families; and for this purpose “family”, in
relation to a child, includes any individual who has parental
responsibility for him and any person with whom he has been living.
(4) When determining whether or not to make, vary or revoke an order
under section 11, a special guardianship order, a care order or a
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supervision order, and if so, in what manner, the court shall have regard
to all the circumstances of the case including, in particular —
(a) the ascertainable wishes and feelings of the child (considered in
the light of his age and understanding) and of his parents, any
other individual who has parental responsibility for him and any
other person whose wishes and feelings the court considers to be
relevant;
(b) his physical, emotional and (where relevant) educational needs;
(c) the likely effect on him of any change in his circumstances;
(d) his age, sex, background and any characteristics of his which the
court considers relevant;
(e) any harm which he has suffered or is at risk of suffering;
(f) how capable each of his parents, and any other person in relation
to whom the court considers the question to be relevant, is of
meeting his needs.2

(5) Where a court is considering whether or not to make one or more orders
under this Part or Part 2, 4 or 5 with respect to a child, it shall not make
the order or any of the orders unless it considers that doing so would be
better for the child than making no order at all.
Parental responsibility
2 Meaning of “parental responsibility”

[P1989/41/2 and 3; P1991/3/2]
(1) In this Act, and in any enactment passed or made after the 19th March
1991, “parental responsibility
”, in relation to a child, —
(a) means all the rights, duties, powers, responsibilities and authority
which by law a parent of a child has in relation to the child and
his property; and
(b) includes the rights, powers and duties which a guardian of the
child’s estate appointed to act generally would have had in
relation to the child and his property, including in particular the
right to receive or recover in his own name, for the benefit of the
child, property of whatever description and wherever situated
which the child is entitled to receive or recover.
(2) More than one person may have parental responsibility for a child at the
same time.
(3) A person who has parental responsibility for a child at any time does not
cease to have that responsibility solely because some other person
subsequently acquires parental responsibility for the child.
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(4) The fact that a person has parental responsibility for a child does not
entitle him to act in any way which would be incompatible with an order
made with respect to the child under this Act or any other enactment.
(5) The fact that a person has, or does not have, parental responsibility for a
child does not affect —
(a) any obligation which he may have in relation to the child (such as
a statutory duty to maintain the child); or
(b) any rights which, in the event of the child’s death, he or any other
person may have in relation to the child’s property.
(6) If a person has care of a child but does not have parental responsibility
for him, he may (subject to the provisions of this Act) do what is
reasonable in all the circumstances of the case for the purpose of
safeguarding or promoting the child’s welfare.
3 Parental responsibility for children

[P1989/41/2; 1991/3/3]
(1) The mother and father of a marital child each have parental
responsibility for the child.3

(2) The mother of a non-marital child has parental responsibility for the
child, but the father does not have parental responsibility for the child
unless he acquires it in accordance with this Act.4

(2A) The father of a non-marital child has parental responsibility for the child
if he is registered as the child’s father under section 12(1) of the Civil
Registration Act 1984 (registration of father of non-marital child).5

(2B) But subsection (2A) does not confer parental responsibility on a man
who, before that subsection comes into operation, was registered as the
child’s father under section 12(1) of the Civil Registration Act 1984.6

(3) Where more than one person has parental responsibility for a child, each
of them may act alone and without the other (or others) in meeting that
responsibility; but nothing in this Part shall be taken as affecting the
operation of any enactment requiring the consent of more than one
person in a matter affecting the child.
(4) A person who has parental responsibility for a child may not surrender
or transfer any part of that responsibility to another, but may arrange for
some or all of it to be met by one or more persons acting on his behalf
(who may be a person who already has parental responsibility for the
child).
(5) The making of any such arrangement does not affect any liability of the
person making it which may arise from any failure to meet any part of
his parental responsibility for the child.
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4 Acquisition of parental responsibility by natural father

[P1989/41/4; 1991/3/4]
(1) The court may, on the application of the father of a non-marital child,
order that he shall have parental responsibility for the child.7

(2) The father and mother of a non-marital child may by agreement (a
“parental responsibility agreement”) provide for the father to have
parental responsibility for the child, but no such agreement shall have
effect for the purposes of this Act unless —
(a) it is made in the form prescribed by rules of court, and
(b) where rules of court are made prescribing the manner in which
such agreements must be recorded, it is recorded in the prescribed
manner.8

(3) Subject to section 16(1), an order under subsection (1) may only be
revoked, and a parental responsibility agreement may only be
terminated, by an order of the court made on the application —
(a) of any person who has parental responsibility for the child, or
(b) with the leave of the court, of the child himself.
(4) The court shall not grant leave under subsection (3)(b) unless it is
satisfied that the child has sufficient understanding to make the
proposed application.
(5) A parental responsibility agreement continues in force until the child
reaches the age of 18, unless it is terminated earlier.
(6) In this section “the court” means the High Court or a court of summary
jurisdiction, and any power to vary or revoke an order under this section
may be exercised by the court whether the order was made by that or
any other court.
Marital children
5 Meaning of “marital child”

[P1987/42/1; 1991/3/5]
(1) In this Act, and in any enactment passed or made after the 19th March
1991, references (however expressed) to any relationship between 2
persons shall, unless the contrary intention appears, be construed
without regard to whether either of them, or any person through whom
the relationship is deduced, is or was a marital child.
(2) In this Act, and in any such enactment, “marital child
” means —
(a) a person whose parents were married to each other at the time of
his birth or (if the marriage has been terminated before his birth)
at the time of the act of intercourse resulting in his birth;
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(aa) a person whose parents were in a civil partnership with each
other at the time of his birth or (if the civil partnership has been
terminated before his birth) at the time of the act of intercourse
resulting in his birth;9

(b) a person who is treated as legitimate by virtue of section 1 of the
Legitimacy Act 1985;
(c) a person legitimated or recognised as legitimated by the
customary law of the Island, under section 2 or 3 of the Legitimacy
Act 1985, or by a legitimation (whether or not by virtue of the
subsequent marriage of his parents) recognised by the law of the
Island and effected under the law of any other country;
(d) an adopted person; or
(e) any other person who is treated in law as legitimate.
Guardianship
6 Appointment of guardian by High Court

[P1989/41/5; 1991/3/6]
(1) On an application by any individual the High Court may by order
appoint him to be a child’s guardian, if the child has no parent with
parental responsibility for him.
(2) On an application by any individual the High Court may by order
appoint him to be a child’s guardian, if a residence order has been made
with respect to the child in favour of a parent, guardian or special
guardian of his who has died while the order was in force (unless the
residence order was also made in favour of another parent of the child
who is still living).10

(3) The power conferred by subsection (1) or (2) may also be exercised in any
family proceedings in the High Court if the Court considers that the
order should be made although no application has been made for it.
(4) An individual appointed guardian of a child under this section has
parental responsibility for the child.11

(5) No guardian of a child may be appointed otherwise than in accordance
with this section or section 7.
7 Appointment of guardian: other cases
12

[P1989/41/5 and 6; 1991/3/7]
(1) A parent who has parental responsibility for a child of his who is under
the age of 18 may appoint another individual to be the child’s guardian
in the event of his death.13

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(2) A guardian of a child may appoint another individual to take his place as
the child’s guardian in the event of his death; and a special guardian of a
child may appoint another individual to be the child’s guardian in the
event of his death.14

(3) An appointment under this section shall not have effect unless it is made
in writing, dated and signed by the individual making it or —
(a) in the case of an appointment made by a will which is not signed
by the testator, it is signed at the direction of the testator in
accordance with the requirements of section 3 of the Wills Act
1985; or
(b) in any other case, it is signed at the direction of the individual
making it, in his presence and in the presence of 2 witnesses who
each attest the signature.15
16

(4) An individual appointed guardian of a child under this section has
parental responsibility for the child.17

(5) Where —
(a) on the death of an individual making an appointment under this
section, the child concerned has no parent with parental
responsibility for him; or18

(b) immediately before the death a residence order in favour of that
individual was in force with respect to the child (unless the
residence order was also made in favour of a parent of the child
who is still living),19

the appointment takes effect on the death of that individual.20

(6) Where —
(a) on the death of an individual making an appointment under this
section, the child concerned has a parent with parental
responsibility for him; and21

(b) immediately before the death no residence order in favour of that
individual was in force with respect to the child,22

the appointment takes effect when the child no longer has a parent who
has parental responsibility for him.
(7) An individual appointed guardian under this section may disclaim his
appointment, but no such disclaimer has effect unless —
(a) it is in writing, signed and made within a reasonable time after his
first knowing that the appointment has taken effect, and
(b) where rules of court prescribe the manner in which such
disclaimers are to be recorded, it is recorded in the prescribed
manner.23

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(8) Nothing in this section prevents an appointment under this section being
made by 2 or more individuals acting jointly.24

8 Termination of appointment

[P1989/41/6; P1995/41/4; 1991/3/8; 1996/5/4]
(1) An appointment of a guardian under section 6 or 7 may be brought to an
end at any time by order of the High Court made —
(a) on the application of any individual who has parental
responsibility for the child, or25

(b) with the leave of the Court, on the application of the child
concerned, or
(c) in any family proceedings, if the Court considers that it should be
brought to an end even though no application has been made.
(2) An appointment under section 7 revokes an earlier such appointment
(including one made in an unrevoked will or codicil) made by the same
individual in respect of the same child, unless it is clear (whether by
express provision in the later appointment or by any necessary
implication) that the purpose of the later appointment is to appoint an
additional guardian.26

(3) An appointment under section 7 (including one made in an unrevoked
will or codicil) is revoked if the individual who made the appointment
revokes it in writing, dated and signed either —
(a) by him; or
(b) at his direction, in his presence and in the presence of 2 witnesses
who each attest the signature.27

(4) An appointment under section 7 (including one made in an unrevoked
will or codicil) is revoked if the individual appointed is the spouse or
civil partner of the individual who made the appointment and either —
(a) a decree of the High Court dissolves or annuls the marriage,28

(aa) an order of the High Court dissolves or annuls the civil
partnership,29

(b) the marriage is dissolved or annulled and the divorce or
annulment is entitled to recognition in the Island by virtue of the
Recognition of Divorces etc. Act 1987, or
(ba) the civil partnership is dissolved or annulled and the dissolution
or annulment is to be recognised in the Island by virtue of the
Civil Partnership Act 2011,30

unless a contrary intention appears by the appointment.31

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(4A) An appointment under section 7 (including one made in an unrevoked
will or codicil) is revoked if the individual appointed is the civil partner
of the individual who made the appointment and either —
(a) an order of the court dissolves or annuls the civil partnership, or
(b) the civil partnership is dissolved or annulled and the dissolution
or annulment is entitled to recognition in the Island by virtue of
Chapter 2 of Part 3 of the Civil Partnership Act 2011,
unless a contrary intention appears by the appointment.32

(5) An appointment under section 7 (other than one made in a will or
codicil) is revoked if the individual who made the appointment, with the
intention of revoking it, destroys the instrument by which it was made or
has some other individual destroy it in his presence.33

(6) An appointment under section 7 made in a will or codicil is revoked if
the will or codicil is revoked.
(7) An appointment under section 6 or 7, unless it is brought to an end
earlier, continues in force until the child reaches the age of 18.
Supplemental
9 Duration of orders

[1991/3/22]
No order under this Part with respect to a child continues in force after the child
has reached the age of 18.
10 Restriction on further applications

[1991/3/25]
On disposing of any application for an order under this Part, a court may
(whether or not it makes any other order in the proceedings) order that no
application for an order under this Part of any specified kind may be made with
respect to the child concerned by any person named in the order without the
leave of the court (that is, the leave of any court having jurisdiction to hear the
application in question).
PART 2 – ORDERS WITH RESPECT TO CHILDREN

11 Orders with respect to children

[P1989/41/8; 1991/3/9]
(1) The orders which the court may make with respect to a child under this
section are as follows —
(a) a “residence order”, that is, an order settling the arrangements to
be made as to the person with whom the child is to live;
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(b) a “contact order”, that is, an order requiring the person with
whom the child lives or is to live, to allow the child to visit or stay
with the person named in the order, or for that person and the
child otherwise to have contact with each other;
(c) an order that, in meeting parental responsibility for the child, no
step which could be taken by a parent in meeting his parental
responsibility for the child, and which is of a kind specified in the
order, shall be taken by any person without the consent of the
court;
(d) an order giving directions for the purpose of determining a
specific question which has arisen, or which may arise, in
connection with any aspect of parental responsibility for the child;
(e) an order varying or revoking a previous order under
paragraph (a), (b), (c) or (d).
(2) The court may make any order under this section on the application of a
person who is entitled to apply for the order, or has obtained the leave of
the court to do so.
(3) The court may make any order under this section in any family
proceedings in which a question arises with respect to the welfare of a
child —
(a) on the application of a person who is entitled to apply for the
order, or has obtained the leave of the court to do so; or
(b) if the court considers that the order should be made even though
no such application has been made.
12 S 11 orders: further provisions

[P1989/41/9-11 and 105(3); 1991/3/10 and 34(2)]
(1) The following persons are entitled to apply for any order under
section 11 with respect to a child —
(a) any parent or guardian of the child;
(b) any person in whose favour a residence order has been made with
respect to the child.
(2) The following persons are entitled to apply for a residence order or a
contact order with respect to a child —
(a) any party to a marriage (whether or not subsisting) in relation to
whom the child is a child of the family;
(aa) any civil partner in a civil partnership (whether or not subsisting)
in relation to whom the child is a child of the family;34

(b) any person with whom the child has lived for a period of at least 3
years (which need not be continuous but must not have begun
more than 5 years before, or ended more than 3 months before,
the making of the application);
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(c) where a residence order is in force with respect to the child, any
person who has the consent of each person in whose favour the
order was made;
(d) where the child is in the care of the Department, any person who
has the consent of the Department;35

(e) in any case not mentioned in paragraph (c) or (d), any person who
has the consent of each person (if any) having parental
responsibility for the child;
(f) any person falling within a category of person prescribed by rules
of court in relation to the kind of order in question.
(3) The following persons are entitled to apply for an order under
section 11(1)(e) with respect to a child —
(a) any person on whose application the order to be revoked or
varied was made;
(b) in the case of a contact order, the person named in the order.
(4) No application may be made by the Department for a residence order or
a contact order.
(5) Where the court has power to make an order under section 11, it may do
so at any time during the course of the proceedings in question even
though it is not in a position to dispose finally of those proceedings.
(6) Where a residence order is made in favour of 2 or more persons who do
not themselves all live together, the order may specify the periods during
which the child is to live in the different households concerned.
(7) An order under section 11 may —
(a) contain directions about how it is to be carried into effect;
(b) impose conditions to be complied with by any person —
(i) in whose favour the order is made, or
(ii) who is a parent of the child concerned, or
(iii) who is not a parent of his but has parental responsibility
for him, or
(iv) with whom the child is living,
and to whom the conditions are expressed to apply;
(c) be made to have effect for a specified period, or contain
provisions which are to have effect for a specified period;
(d) make such incidental, supplemental or consequential provision as
the court thinks fit.
(8) References in this Act to the person in whose favour a residence order is
made shall be construed as references to the person named in the order
as the person with whom the child concerned is to live.
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13 Leave to apply for s 11 order

[P1989/41/11; 1991/3/11]
(1) Where the person applying for leave to make an application for an order
under section 11 is not the child concerned, the court shall, in deciding
whether or not to grant such leave, have particular regard to —
(a) the nature of the proposed application;
(b) the applicant’s connection with the child;
(c) any risk there might be of the proposed application disrupting the
child’s life to such an extent that he would be harmed by it; and
(d) where the child is placed with the applicant as a foster parent by
the Department, the Department’s plans for the child’s future and
the wishes and feelings of his parents.
(2) Where the person applying for leave to make an application for an order
under section 11 is the child concerned, the court shall not grant such
leave unless it is satisfied that he has sufficient understanding to make
the proposed application.
14 Restrictions on making s 11 orders

[P1989/41/9; 1991/3/12]
(1) No court shall make any order under section 11, other than a residence
order, with respect to a child who is in the care of the Department.
(2) No court shall make a residence order or a contact order in favour of the
Department.
(3) No court shall make an order referred to in section 11(1)(c) or (d) —
(a) with a view to achieving a result which could be achieved by a
residence order or a contact order; or
(b) so as to require a child to be placed in the care of the Department,
or put under the supervision of the Department or a probation
officer; or
(c) so as to require a child to be accommodated by or on behalf of the
Department.
(4) No court shall —
(a) make any order under section 11, other than one varying or
revoking such an order, with respect to a child who has reached
the age of 16, or
(b) make any order under section 11 which is to have effect for a
period ending after he has reached that age,
unless it is satisfied that the circumstances of the case are exceptional.
Section 15 Children and Young Persons Act 2001


Page 20 AT 20 of 2001 c

15 Duration of orders

[P1989/41/11 and 91; 1991/3/13 and 22]
(1) Except as provided by Schedule 1, no order under this Part with respect
to a child continues in force after the child has reached the age of 18.
(2) Any order under section 11 with respect to a child ceases to have effect
on the making of a care order with respect to him.
(3) Any order under section 11 with respect to a child remains in force until
he reaches the age of 16, unless —
(a) it is made at a time when he has reached that age (in which case it
remains in force until he reaches the age of 18), or
(b) it is to have effect beyond that age by virtue of section 14(4)(b).
(4) Where —
(a) a residence order has been made with respect to a child; and
(b) as a result of the order the child lives, or is to live, with one of 2
parents who each have parental responsibility for him,
the residence order shall cease to have effect if the parents live together
for a continuous period of more than 6 months.
(5) A contact order which requires the parent with whom a child lives to
allow the child to visit, or otherwise have contact with, his other parent
shall cease to have effect if the parents live together for a continuous
period of more than 6 months.
16 Effect of residence order

[P1989/41/12 and 13; 1991/3/14]
(1) Where a court makes a residence order in favour of the father of a child it
shall, if he would not otherwise have parental responsibility for the child,
also make an order under section 4 giving him that responsibility; and
the order shall not be revoked while the residence order remains in force.
(2) Where a court makes a residence order in favour of any person who is
not a parent or guardian of the child concerned, he shall have parental
responsibility for the child while the residence order remains in force.
(3) Where a person has parental responsibility for a child by virtue of
subsection (2), he shall not have the right —
(a) to agree, or refuse to agree, to the making of an adoption order, or
an order under section 43 of the Adoption Act 1984, with respect to
the child; or
(b) to appoint a guardian for the child.
(4) Where a residence order is in force with respect to a child, no person
may —
(a) cause the child to be known by a new surname, or
Children and Young Persons Act 2001 Section 17


c AT 20 of 2001 Page 21

(b) remove the child from the Island,
without either the written consent of every person who has parental
responsibility for the child or the leave of the court; but this subsection
does not prevent the person in whose favour the order is made removing
the child from the Island for a period of less than one month.
(5) When making a residence order with respect to a child, the court may
grant the leave required by subsection (4)(b), either generally or for
specified purposes.
17 Enforcement of certain residence orders

[P1989/41/14; 1991/3/26]
Where —
(a) a residence order made by a court of summary jurisdiction in
favour of any person is in force with respect to a child, and
(b) any other person is in breach of the arrangements settled by the
order, and
(c) a copy of the order has been served on that other person,
the order may, without prejudice to any other remedy which may be
available, be enforced under section 102 of the Summary Jurisdiction Act
1989 as if it were an order of a court of summary jurisdiction requiring
that other person to give up the child to the person in favour of whom
the residence order is made.
17A Special guardianship orders

[P1989/41/14A]
(1) A “special guardianship order
” is an order appointing one or more
individuals to be a child’s “special guardian
” (or special guardians).
(2) A special guardian —
(a) shall be aged 18 or over; and
(b) may not be a parent of the child in question,
and subsections (3) to (6) are to be read in that light.
(3) The court may make a special guardianship order with respect to any
child on the application of an individual who —
(a) is entitled to make such an application with respect to the child; or
(b) has obtained the leave of the court to make the application,
or on the joint application of more than one such individual.
(4) The individuals who are entitled to apply for a special guardianship
order with respect to a child are —
(a) any guardian of the child;
Section 17 Children and Young Persons Act 2001


Page 22 AT 20 of 2001 c

(b) any individual in whose favour a residence order is in force with
respect to the child;
(c) any individual listed in section 12(2)(b) or (c);
(d) an official foster parent with whom the child has lived for a
period of at least 1 year immediately preceding the application;
(e) a person with whom the child has been privately fostered in
accordance with regulations under Part 7 for a period of at least 1
year immediately preceding the application;
(f) a relative with whom the child has lived for a period of at least 1
year immediately preceding the application.
(5) The court may also make a special guardianship order with respect to a
child in any family proceedings in which a question arises with respect
to the welfare of the child if —
(a) an application for the order has been made by an individual who
falls within subsection (3)(a) or (b) (or more than one such
individual jointly); or
(b) the court considers that a special guardianship order should be
made even though no such application has been made.
(6) No individual may make an application under subsection (3) or (5)(a)
unless, before the beginning of the period of 3 months ending with the
date of the application, the individual has given written notice of his
intention to make the application to the Department.
(7) On receipt of such a notice, the Department shall investigate the matter
and prepare a report for the court dealing with —
(a) the suitability of the applicant to be a special guardian; and
(b) any other matter which the Department considers to be relevant.
(8) The court may itself ask the Department to conduct such an investigation
and prepare such a report, and the Department shall do so.
(9) The Department may make such arrangements as it sees fit for any
person to act on its behalf in connection with conducting an investigation
or preparing a report referred to in subsection (7) or (8).
(10) The court may not make a special guardianship order unless it has
received a report dealing with the matters referred to in subsection (7).
(11) Section 13 applies in relation to an application for a special guardianship
orders as it applies in relation to orders under section 11.36

17B Special guardianship orders: making

[P1989/41/14B]
(1) Before making a special guardianship order, the court shall consider
whether, if the order were made —
Children and Young Persons Act 2001 Section 17


c AT 20 of 2001 Page 23

(a) a contact order should also be made with respect to the child;
(b) any order in force under section 11 with respect to the child
should be varied or discharged; and
(c) if a contact order made with respect to the child is not discharged,
any enforcement order relating to that contact order should be
revoked.
(2) On making a special guardianship order, the court may also —
(a) give leave for the child to be known by a new surname;
(b) grant the leave required by section 17C(3)(b), either generally or
for specified purposes.37

17C Special guardianship orders: effect

[P1989/41/14C]
(1) The effect of a special guardianship order is that while the order remains
in force —
(a) a special guardian appointed by the order has parental
responsibility for the child in respect of whom it is made; and
(b) subject to any other order in force with respect to the child under
this Act, a special guardian is entitled to exercise parental
responsibility to the exclusion of any other person with parental
responsibility for the child (apart from another special guardian).
(2) Subsection (1) does not affect —
(a) the operation of any enactment or rule of law which requires the
consent of more than 1 person with parental responsibility in a
matter affecting the child; or
(b) any rights which a parent of the child has in relation to the child’s
adoption or placement for adoption.
(3) While a special guardianship order is in force with respect to a child, no
person may —
(a) cause the child to be known by a new surname; or
(b) remove the child from the Island;
without either the written consent of every person who has parental
responsibility for the child or the leave of the court.
(4) Subsection (3)(b) does not prevent the removal of a child, for a period of
less than 3 months, by a special guardian of the child.
(5) If the child with respect to whom a special guardianship order is in force
dies, his special guardian must take reasonable steps to give notice of
that fact to —
(a) each parent of the child with parental responsibility; and
(b) each guardian of the child;
Section 17 Children and Young Persons Act 2001


Page 24 AT 20 of 2001 c

but if the child has more than one special guardian, and one of them has
taken such steps in relation to a particular parent or guardian, any other
special guardian need not do so as respects that parent or guardian.38

17D Special guardianship orders: variation and discharge

[P1989/41/14D]
(1) The court may vary or discharge a special guardianship order on the
application of —
(a) the special guardian (or any of them, if there are more than one);
(b) any parent or guardian of the child concerned;
(c) any individual in whose favour a residence order is in force with
respect to the child;
(d) any individual not falling within any of paragraphs (a) to (c) who
has, or immediately before the making of the special guardianship
order had, parental responsibility for the child;
(e) the child; or
(f) the Department.
(2) In any family proceedings in which a question arises with respect to the
welfare of a child with respect to whom a special guardianship order is
in force, the court may also vary or discharge the special guardianship
order if it considers that the order should be varied or discharged, even
though no application has been made under subsection (1).
(3) The following must obtain the leave of the court before making an
application under subsection (1) —
(a) the child;
(b) any parent or guardian of the child;
(c) any individual falling within subsection (1)(d) who immediately
before the making of the special guardianship order had, but no
longer has, parental responsibility for the child.
(4) If the person applying for leave to make an application under subsection
(1) is the child, the court may grant leave only if it is satisfied that the
child has sufficient understanding to make the proposed application
under subsection (1).
(5) The court may not grant leave to a person falling within subsection
(3)(b)or (c) unless satisfied that there has been a significant change in
circumstances since the making of the special guardianship order.39

Children and Young Persons Act 2001 Section 17


c AT 20 of 2001 Page 25

17E Special guardianship orders: supplementary

[P1989/41/14E]
(1) In proceedings in which any question of making, varying or discharging
a special guardianship order arises, the court shall (subject to any rules of
court) —
(a) draw up a timetable with a view to determining the question
without delay; and
(b) give such directions as it considers appropriate for the purpose of
ensuring compliance with the timetable, so far as is reasonably
practicable.
(2) Subsection (1) applies also in relation to proceedings in which any other
question with respect to a special guardianship order arises.
(3) A special guardianship order, or an order varying one, may contain
provisions which are to have effect for a specified period.
(4) Section 12(7) (apart from paragraph (c)) applies in relation to special
guardianship orders and orders varying them as it applies in relation to
orders under section 11.40

17F Special guardianship support services

[P1989/41/14F]
(1) The Department shall make arrangements for the provision of special
guardianship support services, which means —
(a) counselling, advice and information; and
(b) such other services as it considers appropriate,
in relation to special guardianship.
(2) The power to make arrangements under subsection (1)(b) is to be
exercised so as to secure that the Department provides financial support.
(3) At the request of any of the following persons —
(a) a child with respect to whom a special guardianship order is in
force;
(b) a special guardian;
(c) a parent;
(d) any other person who falls within a prescribed description,
the Department may carry out an assessment of that person’s needs for
special guardianship support services.
(4) The Department may, at the request of any other person, carry out an
assessment of that person’s needs for special guardianship support
services.
Section 18 Children and Young Persons Act 2001


Page 26 AT 20 of 2001 c

(5) If, as a result of an assessment, the Department decides that a person has
needs for special guardianship support services, it must then decide
whether to provide any such services to that person.
(6) If —
(a) the Department decides to provide any special guardianship
support services to a person, and
(b) the circumstances appear to the Department to warrant it,
the Department shall prepare a plan in accordance with which special
guardianship support services are to be provided to him, and keep the
plan under review.
(7) The Department may provide special guardianship support services (or
any part of them) by securing their provision by another person.
(8) The Department may carry out an assessment of the needs of any person
for the purposes of this section at the same time as an assessment of his
needs is made under any other provision of this Act or under any other
enactment.41

18 Financial provision orders

[1991/3/15]
Schedule 1 shall have effect for the purpose of enabling the court to make
financial provision for children in certain family proceedings.
19 Jurisdiction

[1991/3/24]
(1) Subject to the following provisions of this section and to section 49(2) of
the Summary Jurisdiction Act 1989, in this Part “the court
” means the High
Court or a court of summary jurisdiction, and any power to vary, revoke
or revive an order may be exercised by the court as respects an order
made by that or any other court.
(2) Any powers of a court of summary jurisdiction under this Part are
exercisable even though any party to the proceedings is residing outside
the Island, except that it shall not entertain an application under
paragraph 9 of Schedule 1 unless both the parties to the agreement in
question are resident in the Island.
(3) A court of summary jurisdiction may not entertain any application
involving the administration or application of any property belonging to
or held in trust for a child or the income thereof.
(4) A court of summary jurisdiction may not make any order under
paragraph 1 of Schedule 1 other than —
(a) an order under paragraph 1(1)(a) or (c), or
Children and Young Persons Act 2001 Section 20


c AT 20 of 2001 Page 27

(b) an order varying, revoking or reviving an order under
paragraph 1(1)(a).
(5) The amount of any lump sum to be paid by a lump sum order made by a
court of summary jurisdiction shall not exceed £1,000 or such larger
amount as may for the time being be fixed for the purposes of
section 60(3) of the Matrimonial Proceedings Act 2003; but a court of
summary jurisdiction may make a lump sum order not exceeding that
amount even though the parent was required to pay a lump sum by a
previous order under this Part.42

(6) A court of summary jurisdiction may not make any order under
paragraph 9 of Schedule 1 except —
(a) in a case where the agreement contains no provision for periodical
payments by either of the parties, an order inserting provision for
the making by one of the parties of periodical payments for the
maintenance of the child;
(b) in a case where the agreement includes provision for the making
by one of the parties of periodical payments, an order increasing
or reducing the rate of, or terminating, any of those payments;
and may not in any case make an order on an application under
paragraph 10 of that Schedule.
(7) Where an application is made to a court of summary jurisdiction for an
order under this Part, and the court considers that the matter is one
which would be more conveniently dealt with by the High Court, the
court shall refuse to make the order, and no appeal shall lie from that
refusal; but the court may exercise its powers under paragraph 8 of
Schedule 1 to make interim orders.
(8) In any proceedings in the High Court relating to or comprising the same
subject matter as an application which is refused under subsection (7),
the application shall, if the High Court so orders, be reheard and
determined by a court of summary jurisdiction.
20 Wardship

[P1989/41/100;1991/3/20]
(1) Subject to subsection (2), no child shall be made a ward of court except
by virtue of an order to that effect made by the High Court.
(2) Where application is made for an order under subsection (1) in respect of
a child, the child shall become a ward of court on the making of the
application, but shall cease to be a ward of court at the expiration of such
period as may be prescribed by rules of court, unless within that period
an order has been made in accordance with that application.
Section 21 Children and Young Persons Act 2001


Page 28 AT 20 of 2001 c

(3) The High Court may, on an application in that behalf or of its own
motion, order that a child who is a ward of court shall cease to be a ward
of court.
(4) The High Court shall not exercise its inherent jurisdiction with respect to
children —
(a) so as to require a child to be placed in the care, or put under the
supervision, of the Department;
(b) so as to require a child to be accommodated by or on behalf of the
Department;
(c) so as to make a child who is the subject of a care order a ward of
court; or
(d) for the purpose of conferring on the Department power to
determine any question which has arisen, or which may arise, in
connection with any aspect of parental responsibility for a child.
(5) No application for any exercise of that jurisdiction may be made by the
Department unless the Department has obtained the leave of the High
Court, which may not be granted unless the Court is satisfied that —
(a) the result which the Department wish to achieve could not be
achieved through the making of any order —
(i) made otherwise than in the exercise of that jurisdiction,
and
(ii) for which the Department is entitled to apply (assuming
that any requisite leave were granted); and
(b) there is reasonable cause to believe that, if that jurisdiction is not
exercised with respect to the child, he will suffer, or be likely to
suffer, significant harm.
(6) The making of a care order with respect to a child who is a ward of court
brings the wardship to an end.
21 Restriction on further applications

On disposing of any application for an order under this Part, a court may
(whether or not it makes any other order in the proceedings) order that no
application for an order under this Act of any specified kind may be made with
respect to the child concerned by any person named in the order without the
leave of the court (that is, the leave of any court having jurisdiction to hear the
application in question).
Children and Young Persons Act 2001 Section 22


c AT 20 of 2001 Page 29

PART 3 – GENERAL FUNCTIONS OF DEPARTMENT

General
22 General duties of Department

(1) In exercising its functions under this Act, the Department shall seek, so
far as practicable, to promote the upbringing of children by their
families; and for this purpose “family”, in relation to a child, includes
any individual who has parental responsibility for him and any person
with whom he has been living.
(2) In exercising its functions under this Act with respect to the upbringing
of a child, the welfare of that child shall be the Department’s paramount
consideration.
(3) Without prejudice to subsections (1) and (2), in exercising its functions
under this Act, the Department shall take reasonable steps designed to
reduce the need to bring —
(a) proceedings for care and supervision orders with respect to
children;
(b) criminal proceedings against children;
(c) any family or other proceedings with respect to children which
might lead to them being placed in the Department’s care; or
(d) proceedings under the inherent jurisdiction of the High Court
with respect to children.
23 Functions of Department in relation to children in danger or need

(1) The Department shall, in accordance with the following provisions of
this Act, take such steps as appear to it to be appropriate to safeguard
and promote the welfare of children who are suffering, or likely to suffer,
significant harm.
(2) The Department may provide, or arrange with voluntary organisations
or other persons for the provision of, all or any of the services specified
in subsection (3) for the purpose of —
(a) performing its duty under subsection (1), and
(b) safeguarding and promoting the welfare of children who are in
need.
(3) The services referred to in subsection (2) are —
(a) accommodation for children who require it in the circumstances
specified in section 25;
(b) day care;
(c) advice, guidance and counselling;
Section 24 Children and Young Persons Act 2001


Page 30 AT 20 of 2001 c

(d) occupational, social, cultural or recreational facilities;
(e) home help;
(f) assistance with travelling to and from home for the purpose of
taking advantage of any service provided under subsection (2) or
any similar service;
(g) publishing information about any service provided under
subsection (2) or any similar service.
(4) Any public authority other than the Department may, in the exercise of
its statutory functions, co-operate with the Department in the provision
by the Department of any of the services specified in subsection (3).
(5) For the purposes of this Act a child is in need if —
(a) he is unlikely to achieve or maintain, or to have the opportunity of
achieving or maintaining, a reasonable standard of health or
development without the provision for him of services under this
Part; or
(b) his health or development is likely to be significantly impaired, or
further impaired, without the provision for him of such services;
or
(c) he is disabled.
(6) For the purposes of this Act —
“development
” means physical, intellectual, emotional, social and behavioural
development;
“disabled
” means blind, deaf, dumb, suffering from mental disorder of any
kind, or substantially and permanently handicapped by illness, injury or
congenital deformity or such other disability as may be prescribed;
“harm
” means ill-treatment or the impairment of health or development; and
where the question of whether harm suffered by a child is significant
turns on his health or development, his health or development shall be
compared with that which could reasonably be expected of a similar
child;
“health
” means physical or mental health;
“ill-treatment
” includes sexual abuse and forms of ill-treatment which are not
physical.
24 Duties of Department where it looks after children

[P1989/41/22]
(1) For the purposes of this Act the Department is looking after a child
where —
(a) he is in the care of the Department, or
Children and Young Persons Act 2001 Section 24


c AT 20 of 2001 Page 31

(b) the Department provides accommodation (other than
accommodation in a health service hospital) for him under this
Act or any other enactment for a continuous period of more than
24 hours.
(2) Without prejudice to its duty to provide accommodation under
section 25(1), where the Department is looking after a child it shall —
(a) safeguard and promote his welfare;
(b) maintain him (apart from providing accommodation for him);
(c) advise, assist and befriend him with a view to promoting his
welfare after he ceases to be looked after by the Department; and
(d) make use of such services available for children cared for by their
own parents as appear to the Department reasonable in his case.
(3) Where the Department is looking after or proposing to look after a child,
it shall —
(a) before making any decision with respect to him, so far as
reasonably practicable, ascertain the wishes and feelings
regarding the matter to be decided of —
(i) the child,
(ii) his parents,
(iii) any other individual who has parental responsibility for
him, and
(iv) any other person whose wishes and feelings the
Department considers to be relevant; and
(b) in making any such decision, give due consideration —
(i) (having regard to his age and understanding) to such
wishes and feelings of his as it has been able to ascertain,
(ii) to such wishes and feelings of any person mentioned in
paragraph (a)(ii), (iii) or (iv) as it has been able to ascertain,
(iii) to the child’s religious persuasion.
(4) The Department may disregard any requirement of subsection (2) or (3)
with respect to any child whom it is looking after, if it is satisfied that it is
necessary to do so in order to protect the public from serious injury.
(5) Schedule 2 makes further provision for children looked after by the
Department.
(6) Schedule 3 makes provision in connection with contributions towards
the maintenance of children who are being looked after by the
Department.
24A Fostering service

(1) The Department must, for children in need of fostering —
Section 25 Children and Young Persons Act 2001


Page 32 AT 20 of 2001 c

(a) establish and maintain a service designed to meet their fostering
needs; and
(b) provide appropriate assessments for them and placements for
them to be fostered wherever possible.
(2) The Department may comply with subsection (1) by providing the
service itself or by securing a body corporate to provide it.
(3) The Department must ensure no child is fostered under the service to
someone who, under section 58 (disqualifications) is disqualified from
fostering a child privately.
(4) Part 7 (fostering) applies to fostering under the service as if a reference in
that Part to privately fostering children included a reference to fostering
under this section, and with any other necessary changes.43

Provision of accommodation for children
25 Provision of accommodation

(1) The Department shall provide accommodation for a child in the
following circumstances —
(a) where he is in the care of the Department;
(b) where he is in need because —
(i) no person has parental responsibility for him, or
(ii) he is lost or has been abandoned,
(iii) a person who has been caring for him is prevented from
providing him with suitable accommodation or care;
(c) where —
(i) he is removed or kept away from home under Part 5, or
(ii) the Department is requested to receive him under
section 45 or under section 41(6) of the Police Powers and
Procedures Act 1998, or
(iii) he is remanded under section 76 to accommodation
provided by the Department;
(d) he is the subject of a supervision order imposing a residence
requirement under paragraph 5 of Schedule 9.
(2) The Department may provide accommodation for a child if it considers
that to do so would safeguard or promote his welfare.
(3) Subject to subsections (5) and (6), the Department may not provide
accommodation for a child under subsection (1)(b) or (2) if any person
objects who —
(a) has parental responsibility for him, and
Children and Young Persons Act 2001 Section 26


c AT 20 of 2001 Page 33

(b) is willing and able to provide accommodation for him, or to
arrange for accommodation to be provided for him.
(4) Subject to subsections (5) and (6), any person who has parental
responsibility for a child may at any time remove him from
accommodation provided by or on behalf of the Department under
subsection (1)(b) or (2).
(5) Subsections (3) and (4) do not apply while any person —
(a) in whose favour a residence order is in force with respect to the
child, or
(b) who has care of the child by virtue of an order made in the
exercise of the High Court’s inherent jurisdiction with respect to
children,
agrees to the child being looked after in accommodation provided by or
on behalf of the Department; and where there is more than one such
person, all of them must agree.
(6) Subsections (3) and (4) do not apply where a child who has reached the
age of 16 agrees to being provided with accommodation under this
section.
(7) The powers of the Department to provide accommodation under this Act
are without prejudice to any functions of the Department under any
other enactment.
26 Manner in which accommodation may be provided

[P1989/41/23]
(1) The Department may provide accommodation for a child by —
(a) placing him with —
(i) a family,
(ii) a relative of his, or
(iii) any other suitable person,
on such terms as to payment by the Department and otherwise as
the Department may determine;
(b) maintaining him in a home provided and managed by the
Department;
(c) maintaining him in a children’s home for which there is provider
registration under the Regulation of Care Act 2013 (the “care Act
”);
or44

(d) making such other arrangements as seem appropriate to the
Department.
Section 27 Children and Young Persons Act 2001


Page 34 AT 20 of 2001 c

(2) Unless it would not be reasonably practicable or consistent with his
welfare, the Department shall make arrangements so that any child
whom it is looking after can live with —
(a) a parent of his, or
(b) another individual who has parental responsibility for him, or
(c) where he is in the care of the Department and a residence order
was in force with respect to him immediately before the care
order was made, a person with whom he was to live under the
residence order, or
(d) a relative, friend or other person connected with him.
(3) Unless it would not be reasonably practicable or consistent with his
welfare, the Department shall secure that —
(a) any accommodation provided by it for a child is near his home,
(b) where the Department are also providing accommodation for a
brother or sister of his, they are accommodated together,
(c) where the child is disabled, the accommodation is not unsuitable
for his needs.
27 Secure accommodation

[1993/18/8]
(1) Subject to the provisions of this section and section 76(4), a child who is
being looked after by the Department may not be placed, and, if placed,
may not be kept, in accommodation provided for the purpose of
restricting liberty (“secure accommodation”) unless it appears —
(a) that —
(i) he has a history of absconding and is likely to abscond
from any other description of accommodation; and
(ii) if he absconds, he will suffer, or be likely to suffer,
significant harm; or
(b) that if he is kept in any other kind of accommodation he is likely
to injure himself or other persons.
(2) A child may not be kept in secure accommodation after the end of such
period as may be prescribed, unless a juvenile court has by an order
made on the application of the Department authorised him to be kept
there.
(3) Subject to subsection (5), on an application under subsection (2) the
court —
(a) shall make the order applied for if (and only if) it is satisfied
that —
(i) the condition specified in subsection (1)(a) or (b), and
(ii) such further conditions as may be prescribed,
Children and Young Persons Act 2001 Section 28


c AT 20 of 2001 Page 35

are fulfilled; and
(b) shall in the order specify the maximum period (which shall not
exceed such period as may be prescribed) for which he may be
kept in secure accommodation without a further order under
subsection (2).
(4) If the court adjourns the hearing of an application under subsection (2), it
may make an interim order permitting the child to be kept during the
period of the adjournment in secure accommodation.
(5) The court shall not make an order under subsection (2) unless —
(a) it is satisfied that the Department has taken all such steps as are
reasonable and practicable to notify any person who has parental
responsibility for the child of the Department’s intention to make
the application; and
(b) where the child is not legally represented in that court, he has
been informed of his right to apply for legal aid and given an
opportunity to do so, and has refused or failed to apply.
(6) This section —
(a) does not apply to a child remanded under section 76 to
accommodation provided by the Department;
(b) does not apply to any prescribed description of children; and
(c) has effect in relation to children of a prescribed description subject
to such modifications as may be prescribed.
(7) The making of an order under this section does not prejudice any power
of any court to make any other order or to give directions relating to the
child to whom the order relates.
Supplemental
28 Regulations

(1) The Department may make regulations with respect to —
(a) the exercise of its functions under this Act; and
(b) the activities of voluntary organisations, official foster parents and
others under arrangements made by the Department with them
for the provision of services specified in section 23(3).
(2) Regulations under this section may in particular prescribe —
(a) the notice to be given to any child and to other persons of action
taken or intended to be taken by the Department or any body or
person referred to in subsection (1)(b) with respect to the child;
(b) the procedure to be followed in connection with any such action;
Section 29 Children and Young Persons Act 2001


Page 36 AT 20 of 2001 c

(c) the records of any such action to be maintained by the
Department or such a body or person.
29 Investigations

[P1989/41/37]
(1) Where, in any family proceedings in which a question arises with respect
to the welfare of any child, it appears to the court that it may be
appropriate for a care order or a supervision order to be made with
respect to him, the court may direct the Department to undertake the
investigation of his circumstances.
(2) Where the court gives a direction under this section the Department
shall, when undertaking the investigation, consider whether it should —
(a) apply for a care order or a supervision order with respect to the
child, or
(b) take any other action with respect to him.
(3) Where the Department undertakes an investigation under this section
and decides not to apply for a care order or a supervision order with
respect to the child concerned, it shall inform the court of —
(a) its reasons for so deciding, and
(b) any other action which it has taken, or proposes to take, with
respect to the child;
and shall so inform the court before the end of the period of 8 weeks
beginning with the date of the direction, or such shorter period as the
court may direct.
30 Reports

[P1989/41/7; 1991/3/23]
(1) When considering any question with respect to a child under this Act the
court may ask the Department to arrange for an officer of the
Department, or ask a probation officer, to make to the court a report,
orally or in writing, with respect to any specified matter appearing to the
court to be relevant to the application, and the Department or the
probation officer, as the case may be, shall comply with the request.
(2) A report made in pursuance of subsection (1) shall be made to the court
at a hearing of the application unless it is in writing, in which case —
(a) a copy of the report shall be given to each party to the
proceedings or to his advocate either before or during a hearing of
the application; and
(b) if the court thinks fit, the report, or such part of the report as the
court requires, shall be read aloud at a hearing of the application.
Children and Young Persons Act 2001 Section 31


c AT 20 of 2001 Page 37

(3) The court may and, if requested to do so at the hearing by a party to the
proceedings or his advocate, shall require the officer by whom the report
was made to give evidence of or with respect to the matters referred to in
the report and, if the officer gives such evidence, any party to the
proceedings may give or call evidence with respect to any such matter or
any matter referred to in the officer’s evidence.
(4) The court may take account of —
(a) any statement contained in a report made at a hearing of an
application or of which copies have been given to the parties or
their advocates in accordance with subsection (2)(a); and
(b) any evidence given by the officer under subsection (3),
in so far as the statement or evidence is, in the opinion of the court,
relevant to the application, notwithstanding any enactment or rule of law
to the contrary.
PART 4 – CARE AND SUPERVISION

31 Care and supervision orders

[P1989/41/31]
(1) On the application of the Department with respect to a child a court may
make an order —
(a) placing the child in the care of the Department (a “care order”); or
(b) putting him under the supervision of the Department or, with the
consent of the Department, of a probation officer (a “supervision
order”).
(2) A court may not make a care order or a supervision order unless it is
satisfied —
(a) that the child is suffering, or likely to suffer, significant harm; and
(b) that the harm is or will be attributable to —
(i) the care given to the child, or likely to be given to him if
the order were not made, not being what it would be
reasonable to expect a parent to give to him; or
(ii) the child’s being beyond parental control.
(3) No care order or supervision order may be made with respect to a child
who has reached the age of 17 (or 16, in the case of a child who is married
or in a civil partnership).45

(4) An application under this section may be made on its own or in any
family proceedings.
(5) The court may —
(a) on an application for a care order, make a supervision order; or
Section 32 Children and Young Persons Act 2001


Page 38 AT 20 of 2001 c

(b) on an application for a supervision order, make a care order.
(6) In this section “court” means —
(a) in relation to an application made in family proceedings, the court
in which those proceedings are taking place;
(b) otherwise, a juvenile court.
32 Effect of care order

[P1989/41/33]
(1) Where a care order is made with respect to a child, it is the duty of the
Department to receive the child into its care and to keep him in its care
while the order remains in force.
(2) While a care order is in force with respect to a child, the Department
shall —
(a) have parental responsibility for him, and
(b) have the power to determine the extent to which a parent or
guardian of the child may meet his parental responsibility for
him, subject to —
(i) the following provisions of this section, and
(ii) any right, duty, power, responsibility or authority which a
parent or guardian has in relation to him and his property
by virtue of an enactment other than this section.
(3) The Department may not exercise its power under subsection (2)(b)
unless it is satisfied that it is necessary to do so in order to safeguard or
promote the welfare of the child.
(4) Nothing in subsection (2)(b) prevents a parent or guardian of the child
who has care of him from doing what is reasonable in all the
circumstances of the case for the purpose of safeguarding or promoting
his welfare.
(5) While a care order is in force with respect to a child, the Department
shall not —
(a) cause him to be brought up in any religious persuasion other than
that in which he would have been brought up if the order had not
been made; or
(b) have the right —
(i) to agree or refuse to agree to the making of an adoption
order, or an order under section 43 of the Adoption Act
1984, with respect to him; or
(ii) to appoint a guardian for him.
(6) While a care order is in force with respect to a child, no person may —
(a) cause him to be known by a new surname; or
Children and Young Persons Act 2001 Section 33


c AT 20 of 2001 Page 39

(b) remove him from the Island,
without either the written consent of every person who has parental
responsibility for him or the leave of a juvenile court.
(7) Subsection (6)(b) does not —
(a) prevent the removal of such a child by the Department for a
period of less than one month, or
(b) apply to arrangements for such a child to live outside the Island
(which are governed by paragraph 6 of Schedule 2).
33 Parental contact etc with children in care

[P1989/41/34]
(1) Where a child is in the care of the Department, the Department shall,
subject to the provisions of this section, allow the child reasonable
contact with —
(a) his parents;
(b) any guardian of his;
(c) where there was a residence order in force with respect to him
immediately before the care order came into force, the person in
favour of whom the order was made; and
(d) where, immediately before the care order was made, an
individual had care of the child by virtue of an order made in the
exercise of the High Court’s inherent jurisdiction with respect to
children, that individual.
(2) On an application made by the Department or the child, the court may
make such order as it considers appropriate with respect to the contact
which is to be allowed between the child and any named person.
(3) On an application made by —
(a) any person mentioned in subsection (1)(a) to (d), or
(b) any person who has obtained the leave of the court to make the
application,
the court may make such order as it considers appropriate with respect
to the contact which is to be allowed between the child and that person.
(4) On an application made by the Department or the child, the court may
make an order authorising the Department to refuse to allow contact
between the child and any person mentioned in subsection (1)(a) to (d)
and named in the order.
(5) When making a care order with respect to a child, or in any family
proceedings in connection with a child who is in the care of the
Department, the court may make an order under this section, even
though no application for such an order has been made with respect to
him, if it considers that the order should be made.
Section 34 Children and Young Persons Act 2001


Page 40 AT 20 of 2001 c

(6) The Department may refuse to allow the contact that would otherwise be
required by virtue of subsection (1) or an order under this section if —
(a) it is satisfied that it is necessary to do so in order to safeguard or
promote the welfare of the child, and
(b) the refusal is decided upon as a matter of urgency and does not
last for more than 7 days.
(7) An order under this section may impose such conditions as the court
considers appropriate.
(8) The court may vary or revoke any order made under this section on the
application of the Department, the child concerned or the person named
in the order.
(9) An order under this section may be made either at the same time as the
care order itself or later.
(10) Before making a care order with respect to any child the court shall —
(a) consider the arrangements which the Department has made, or
proposes to make, for affording any person contact with him, and
(b) invite the parties to the proceedings to comment on those
arrangements.
(11) In this section “the court” means —
(a) where the care order in question was made by a court other than a
juvenile court, that court or a juvenile court;
(b) in any other case, a juvenile court;
but where the care order was made by a court on the determination of an
appeal from another court, it shall be treated for the purpose of this
subsection as made by the latter court.
34 Supervision orders

[P1989/41/35]
(1) While a supervision order is in force with respect to a child it is the duty
of the supervisor —
(a) to advise, assist and befriend him;
(b) to take such steps as are reasonably necessary to give effect to the
order; and
(c) where the order is not wholly complied with, or the supervisor
considers that the order may no longer be necessary, to consider
whether or not to apply to the court for its variation or revocation.
(2) Schedule 4 makes further provision with respect to supervision orders.
Children and Young Persons Act 2001 Section 35


c AT 20 of 2001 Page 41

35 Interim orders

[P1989/41/38]
(1) A court may by virtue of this section make a care order or a supervision
order (an “interim order”) —
(a) where any proceedings in the court on an application for a care
order or a supervision order are adjourned, or
(b) where in any family proceedings the court gives a direction under
section 29(1).
(2) A court shall not make an interim order unless it is satisfied that there
are reasonable grounds for believing that the circumstances with respect
to the child are as mentioned in section 31(2).
(3) Where, in any proceedings on an application for a care order or a
supervision order, a court makes a residence order with respect to the
child concerned, it shall also make a supervision order, being an interim
order, with respect to him unless it is satisfied that his welfare will be
satisfactorily safeguarded without an interim order being made.
(4) An interim order shall have effect for such period as may be specified in
the order, but shall in any event cease to have effect on whichever of the
following happens first —
(a) the expiry of 8 weeks beginning with the date on which the order
is made;
(b) if the order is the second or subsequent such order made with
respect to the same child in the same proceedings, the expiry of 4
weeks beginning the date on which the order is made, or (if later)
the expiry of 8 weeks beginning with the date on which the first
order was made;
(c) in a case within subsection (1)(a), the disposal of the application;
(d) in a case within subsection (1)(b), the disposal of an application
for a care order or supervision order made by the Department
with respect to the child or, if no such application is made, the
expiry of the period referred to in section 29(3).
(5) In determining the period for which an interim order is to be in force, the
court shall consider whether any party who was, or might have been,
opposed to the making of the order was in a position to argue his case
against the order in full.
(6) Where the court makes an interim order, it may give such directions (if
any) as it considers appropriate with regard to the medical or psychiatric
examination or other assessment of the child; but if the child is of
sufficient understanding to make an informed decision he may refuse to
submit to the examination or other assessment.
Section 36 Children and Young Persons Act 2001


Page 42 AT 20 of 2001 c

(7) A direction under subsection (6) may be to the effect that there is to be no
such examination or assessment, or no such examination or assessment
unless the court directs otherwise; and such a direction may —
(a) be given when the interim order is made or at any time while it is
in force, and
(b) be varied at any time on the application of the Department, the
child or any person with parental responsibility for him.
36 Power to include exclusion requirement in interim care order

[P1989/41/38A; P1996/27/Sch6]
(1) Where the court makes an interim care order with respect to a child and
the conditions specified in subsection (2) are satisfied, the court may
include an exclusion requirement in the interim care order.
(2) The conditions referred to in subsection (1) are that —
(a) the court is satisfied that there are reasonable grounds for
believing that the circumstances with respect to the child are as
mentioned in section 31(2)(a) and (b)(i);
(b) there is reasonable cause to believe that, if a person (“the relevant
person”) is excluded from a dwelling-house in which the child
lives, the child will cease to suffer, or be likely to suffer, significant
harm, and
(c) that another person living in the dwelling-house (whether a
parent of the child or some other person) —
(i) is able and willing to give to the child the care which it
would be reasonable to expect a parent to give him, and
(ii) consents to the inclusion of the exclusion requirement.
(3) Schedule 5 has effect with respect to exclusion requirements under this
section and undertakings to the like effect.
37 Revocation etc of care orders

[P1989/41/39]
(1) A care order may be revoked by the court on the application of —
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the Department.
(2) A supervision order may be substituted by the court for a care order on
the application of any person entitled to apply for the care order to be
revoked; and section 31(2) need not be satisfied at that time.
(3) In this section “the court” means —
Children and Young Persons Act 2001 Section 38


c AT 20 of 2001 Page 43

(a) where the care order was made by a court other than a juvenile
court, that court or a juvenile court; or
(b) in any other case, a juvenile court;
but where the care order was made by a court on the determination of an
appeal from another court, it shall be treated for the purpose of this
subsection as made by the latter court.
38 Duration of care orders

[P1989/41/91]
(1) Unless previously revoked, and subject to subsections (2) and (3), a care
order (other than an interim order) continues in force until the child
concerned reaches the age of 18.
(2) A care order with respect to a child ceases to have effect —
(a) if he is adopted;
(b) on the making of any of the following orders with respect to
him —
(i) a residence order;
(ii) an order under section 6;
(iii) an order under section 43 of the Adoption Act 1984.
(3) Where a child who is in the care of the Department is lawfully taken to
live in any part of the United Kingdom or any of the Channel Islands, the
care order in question shall cease to have effect if the conditions
prescribed in an order made by the Council of Ministers are satisfied.
(4) This section is without prejudice to section 48 (termination of custody
orders etc.) of the Child Custody Act 1987.
39 Orders etc pending appeal

[P1989/41/40]
(1) Where —
(a) a court dismisses an application for a care order or a supervision
order, and
(b) at the time when the court dismisses the application, an interim
care order is in force with respect to the child,
the court may make an order pending appeal, that is, a supervision order
or (if the application was for a care order) a care order with respect to the
child to have effect for such period, not exceeding the appeal period, as
may be specified in the order.
(2) Where a court revokes a care order or a supervision order, it may direct
that the order shall continue to have effect for such period, not exceeding
the appeal period, as may be specified in the order.
Section 40 Children and Young Persons Act 2001


Page 44 AT 20 of 2001 c

(3) An order or direction under subsection (1) or (2) may be made subject to
such directions or further directions (if any) as the court may see fit to
include in the order or direction.
(4) On an appeal against any decision of a court on which an order or
direction under subsection (1) or (2) is made, or on an application in
connection with a proposed appeal against such a decision, the appellate
court may extend the period for which the order or direction is to have
effect, but not so as to extend it beyond the end of the appeal period.
(5) In this section “the appeal period” means —
(a) where an appeal is made against the decision in question, the
period between the making of the decision and the determination
of the appeal;
(b) otherwise, the period during which an appeal may be made
against the decision.
40 Restrictions on applications

[P1989/41/91(14)-(17)]
(1) Where an application has been made for —
(a) the revocation of a care order;
(b) the revocation of a supervision order; or
(c) the substitution of a supervision order for a care order;
no further application of any of those kinds (except in relation to an
interim order) may be made with respect to the child concerned without
the leave of the court, unless the period between the disposal of the
previous application and the making of the further application exceeds 6
months.
(2) Where an application for an order under section 33 has been refused, the
applicant may not make a further application for such an order without
the leave of the court, unless the period between the disposal of the
previous application and the making of the further application exceeds 6
months.
(3) On disposing of any application for an order under this Part, the court
may (whether or not it makes any other order in response to the
application) order that no application for an order under this Act of a
specified kind may be made with respect to the child concerned by any
person named in the order without the leave of the court.
(4) References in this section to the leave of the court are to the leave of any
court having jurisdiction to hear the application in question.
Children and Young Persons Act 2001 Section 41


c AT 20 of 2001 Page 45

PART 5 – PROTECTION OF CHILDREN

41 Assessment orders

[P1989/41/43]
(1) On the application of the Department for an order under this section (an
“assessment order”) with respect to a child, a court of summary
jurisdiction may make the order if (and only if) it is satisfied that —
(a) the Department has reasonable cause to suspect that the child is
suffering, or likely to suffer, significant harm;
(b) an assessment of the state of the child’s health or development, or
of the way in which he has been treated, is required to enable the
Department to determine whether or not the child is suffering, or
likely to suffer, significant harm; and
(c) it is unlikely that such an assessment will be made, or be
satisfactory, in the absence of an assessment order.
(2) The court may treat an application under this section as an application
for an emergency protection order.
(3) The court may not make an assessment order if is it satisfied —
(a) that there are grounds for making an emergency protection order
with respect to the child; and
(b) that it ought to make such an order rather than an assessment
order.
(4) An assessment order shall specify the date by which the assessment is to
begin, and shall have effect for such period, not exceeding 7 days
beginning with that date, as may be specified in the order.
(5) Where an assessment order is in force with respect to a child, any person
who is in a position to produce the child shall —
(a) produce him to such person as may be named in the order, and
(b) comply with such directions relating to the assessment of the
child as the court thinks fit to specify in the order.
(6) An assessment order authorises any person carrying out the assessment,
or any part of it, to do so in accordance with the terms of the order; but if
the child is of sufficient understanding to make an informed decision, he
may refuse to submit to a medical or psychiatric examination or other
assessment.
(7) The child may only be kept away from home —
(a) in accordance with directions specified in the order;
(b) if it is necessary for the purposes of the assessment; and
(c) for such period or periods as may be specified in the order;
Section 42 Children and Young Persons Act 2001


Page 46 AT 20 of 2001 c

and where the child is to be kept away from home, the order shall
contain such directions as the court thinks fit with regard to the contact
that he must be allowed to have with other persons while away from
home.
(8) The Department shall take such steps as are reasonably practicable to
ensure that notice of an application for an assessment order is given,
before the hearing of the application, to —
(a) the parents of the child;
(b) any individual who is not a parent of the child but has parental
responsibility for him;
(c) any other person caring for the child;
(e) any person in whose favour a contact order is in force with
respect to the child;
(f) any person who is allowed to have contact with the child by
virtue of an order under section 33;
(g) the child.
(9) Any person mentioned in subsection (8), and any other person specified
for the purpose in rules of court, may apply to a court of summary
jurisdiction for an assessment order to be varied or revoked.
42 Emergency protection orders

[P1989/41/44]
(1) On the application of the Department for an order under this section (an
“emergency protection order”) with respect to a child, a court of
summary jurisdiction may make the order if (and only if) it is satisfied
that —
(a) there is reasonable cause to believe that the child will suffer, or be
likely to suffer, significant harm if —
(i) he is not removed to accommodation provided by or on
behalf of the Department; or
(ii) he does not remain in the place in which he is then being
accommodated; or
(b) enquiries are being made with respect to the child under
section 46(1)(b), and —
(i) such enquiries are being frustrated by access to the child
being unreasonably refused to a person authorised by the
Department to seek access in connection with the
enquiries, and
(ii) the Department has reasonable cause to believe that such
access is required as a matter of urgency.
Children and Young Persons Act 2001 Section 42


c AT 20 of 2001 Page 47

(2) Where an emergency protection order is in force with respect to a child,
any person who is in a position to produce the child shall comply with
any request to produce him to the Department.
(3) An emergency protection order authorises —
(a) the removal of the child at any time to accommodation provided
by or on behalf of the Department and his detention there; and
(b) the prevention of the child’s removal from any hospital or other
place in which he was being accommodated immediately before
the making of the order;
but the Department shall only exercise the power given by paragraph (a)
or (b) in order to safeguard the welfare of the child.
(4) An emergency protection order gives the Department parental
responsibility for the child; and the Department shall take, and shall only
take, such action in meeting its parental responsibility for the child as is
reasonably required to safeguard or promote his welfare (having regard
in particular to the duration of the order).
(5) Where a court makes an emergency protection order, it may give such
directions (if any) as may be appropriate with respect to —
(a) the contact which is, or is not, to be allowed between the child and
any named person;
(b) imposing conditions on such contact.
(6) Where a court makes an emergency protection order, it may give such
directions (if any) as may be appropriate with respect to the medical or
psychiatric examination or other assessment of the child; and a direction
under this subsection may be to the effect that there is to be —
(a) no such examination or assessment, or
(b) no such examination or assessment unless the court directs
otherwise;
but if the child is of sufficient understanding to make an informed
decision, he may refuse to submit to any such examination or
assessment.
(7) A direction under subsection (5) or (6) may be given when the
emergency protection order is made or at any other time, and may be
varied at any time on the application of —
(a) any person having parental responsibility for the child; or
(b) any other person specified for the purpose in rules of court.
(8) Where —
(a) an emergency protection order is in force with respect to a child,
and
Section 42 Children and Young Persons Act 2001


Page 48 AT 20 of 2001 c

(b) the Department has exercised the power given by
subsection (3)(a) or (b), but
(c) it appears to the Department that it is safe for the child to be
returned, or to be allowed to be removed from the place in
question, as the case may be,
it shall return him or allow him to be removed.
(9) Where the Department is required by subsection (8) to return the child it
shall —
(a) return him to the care of the person from whose care he was
removed, or
(b) if that is not reasonably practicable, return him to the care of —
(i) a parent of his;
(ii) any individual who is not a parent of his but has parental
responsibility for him; or
(iii) such other person as the Department (with the agreement
of the court) considers appropriate.
(10) Where the Department has been required by subsection (8) to return the
child or allow him to be removed, it may again exercise its powers with
respect to the child (at any time while the emergency protection order
remains in force) if it appears to it that a change in the circumstances of
the case makes it necessary to do so.
(11) Where an emergency protection order has been made with respect to a
child, the Department shall, subject to any directions under
subsection (5), allow the child reasonable contact with —
(a) his parents;
(b) any individual who is not a parent of his but has parental
responsibility for him;
(c) any person with whom he was living immediately before the
making of the order;
(d) any person in whose favour a contact order is in force with
respect to the child;
(e) any person who is allowed to have contact with the child by
virtue of an order under section 33;
(f) any person acting on behalf of any of those persons.
(12) Wherever it is reasonably practicable to do so, an emergency protection
order shall name the child; and where it does not name him, it shall
describe him as clearly as possible.
(13) Any person who intentionally obstructs any person exercising the power
under subsection (3) to remove, or prevent the removal of, the child is
guilty of an offence and liable on summary conviction to a fine not
exceeding £1,000.
Children and Young Persons Act 2001 Section 43


c AT 20 of 2001 Page 49

43 Power to include exclusion requirement in emergency protection order

[P1989/43/44A; P1996/27/Sch6]
(1) Where the court makes an emergency protection order with respect to a
child and the conditions specified in subsection (2) are satisfied, the court
may include an exclusion requirement in the emergency protection
order.
(2) The conditions referred to in subsection (1) are —
(a) that there is reasonable cause to believe that, if a person (“the
relevant person”) is excluded from a dwelling-house in which the
child lives, then —
(i) in the case of an order made on the ground mentioned in
paragraph (a) of section 42(1), the child will not suffer, or
be likely to suffer, significant harm, even though he is not
removed or does not remain as mentioned in sub-
paragraph (i) or (ii) of that paragraph, or
(ii) in the case of an order made on the ground mentioned in
paragraph (b) of section 42(1), the enquiries referred to in
that paragraph will cease to be frustrated, and
(b) that another person living in the dwelling-house (whether a
parent of the child or some other person) —
(i) is able and willing to give to the child the care which it
would be reasonable to expect a parent to give him, and
(ii) consents to the inclusion of the exclusion requirement.
(3) Schedule 5 has effect with respect to exclusion requirements under this
section and undertakings to the like effect.
44 Duration of emergency protection orders etc

[P1989/41/45]
(1) An emergency protection order shall have effect for such period not
exceeding 8 days as may be specified in the order.
(2) Where —
(a) the court making an emergency protection order would, but for
this subsection, specify a period of 8 days as the period for which
the order is to have effect; but
(b) the last of those 8 days is Christmas Day, Good Friday, a bank
holiday or a Sunday,
the court may specify a period which ends at noon on the first later day
which is not such a day.
(3) Where an emergency protection order is made on an application under
section 45(6), the period of 8 days mentioned in subsection (1) shall begin
Section 44 Children and Young Persons Act 2001


Page 50 AT 20 of 2001 c

with the first day on which the child was taken into police protection
under section 45.
(4) The Department may, while an emergency protection order has effect,
apply to the court for the period during which the order is to have effect
to be extended; and on such an application the court may extend that
period for such period, not exceeding 7 days, as it thinks fit, but —
(a) the court may do so only if it has reasonable cause to believe that
the child concerned will suffer, or be likely to suffer, significant
harm if the order is not extended; and
(b) an emergency protection order may not be extended more than
once.
(5) Regardless of any enactment or rule of law which would otherwise
prevent it from doing so, a court hearing an application for or with
respect an emergency protection order may take account of —
(a) any statement contained in any report made to the court in the
course of, or in connection with, the hearing, or
(b) any evidence given during the hearing,
which is, in the opinion of the court, relevant to the application.
(6) Any of the following may apply to a court of summary jurisdiction for an
emergency protection order to be revoked —
(a) the child concerned;
(b) any parent of his;
(c) any person who is not a parent of his but who has parental
responsibility for him; or
(d) any person with whom he was living immediately before the
making of the order;
but no such application shall be heard by the court before the expiry of
the period of 72 hours beginning with the making of the order.
(7) No appeal may be made against the making of, or refusal to make, an
emergency protection order or against any direction given by the court in
connection with such an order, except —
(a) where the person who would otherwise be entitled to apply for
the order to be revoked was given notice (in accordance with rules
of court) of the hearing at which the order was made, and was
present at that hearing, or
(b) in the case of an order the effective period of which has been
extended under subsection (4).
(8) A court making an emergency protection order may direct that an officer
of the Department, in exercising any powers by virtue of the order, be
accompanied by a registered medical practitioner or registered nurse, if
he chooses.
Children and Young Persons Act 2001 Section 45


c AT 20 of 2001 Page 51

45 Removal by police

[P1989/41/46]
(1) Where a constable has reasonable cause to believe that a child would
otherwise suffer, or be likely to suffer, significant harm, he may —
(a) remove the child to suitable accommodation and keep him there,
or
(b) take such steps as are reasonable to ensure that the child’s
removal from any hospital, or other place, in which he is then
being accommodated is prevented;
and such a child is referred to in this Act as having been taken into police
protection.
(2) As soon as is reasonably practicable after taking a child into police
protection, the constable concerned shall —
(a) inform the Department of the steps that have been, and are
proposed to be, taken with respect to the child under this section,
the reasons for taking them and the place at which he is being
accommodated;
(b) inform the child (if he appears capable of understanding) of the
steps that have been taken with respect to him under this section
and the reasons for taking them, and of the further steps that may
be taken with respect to him under this section;
(c) take such steps as are reasonably practicable to discover the
wishes and feelings of the child;
(d) secure that the case is inquired into by an officer designated for
the purposes of this section by the Chief Constable (a “designated
officer”); and
(e) where the child was taken into police protection by being
removed to accommodation which is not provided by or on behalf
of the Department, secure that he is moved to accommodation
which is so provided.
(3) As soon as is reasonably practicable after taking a child into police
protection, the constable concerned shall take such steps as are
reasonably practicable to inform —
(a) the parents of the child;
(b) every individual who is not a parent of his but who has parental
responsibility for him; and
(c) any other person with whom he was living immediately before he
was taken into police protection,
of the steps that have been taken with respect to the child under this
section and the reasons for taking them, and of the further steps that may
be taken with respect to him under this section.
Section 46 Children and Young Persons Act 2001


Page 52 AT 20 of 2001 c

(4) On completing any inquiry under subsection (2)(d), the designated
officer shall release the child from police protection unless he considers
that there is still reasonable cause for believing that the child would
suffer, or be likely to suffer, significant harm if released.
(5) No child may be kept in police protection for more than 72 hours.
(6) While a child is being kept in police protection, the designated officer
may, after consultation with the Department, apply on behalf of the
Department for an emergency protection order to be made under
section 42 with respect to the child.
(7) While a child is being kept in police protection —
(a) neither the constable concerned nor the designated officer shall
have parental responsibility for him; but
(b) the designated officer shall do what is reasonable in all the
circumstances of the case for the purpose of safeguarding or
promoting the welfare of the child (having regard in particular to
the length of the period during which the child will be so
protected).
(8) Where a child has been taken into police protection, the designated
officer or, where the child is in accommodation provided by or on behalf
of the Department, the Department shall allow —
(a) the parents of the child;
(b) any individual who is not a parent of his but who has parental
responsibility for him; or
(c) any person with whom he was living immediately before he was
taken into police protection;
(d) any person in whose favour a contact order is in force with
respect to him;
(e) any person who is allowed to have contact with the child by
virtue of an order under section 33;
(f) any person acting on behalf of any of those persons;
to have such contact (if any) with the child as, in the opinion of the
designated officer or the Department, as the case may be, is both
reasonable and in the best interests of the child.
(9) A police station shall not be taken to be suitable accommodation for the
purpose of subsection (1)(a).
46 Department’s duty to investigate

[P1989/41/47]
(1) Where the Department —
(a) is informed that a child is in police protection, or
Children and Young Persons Act 2001 Section 46


c AT 20 of 2001 Page 53

(b) has reasonable cause to believe that a child is suffering, or likely
to suffer, significant harm,
the Department shall make or cause to be made such enquiries as it
considers necessary to enable it to decide whether it should take any
action to safeguard or promote the welfare of the child.
(2) Where the Department has obtained an emergency protection order with
respect to a child, it shall make or cause to be made such enquiries as it
considers necessary to enable it to decide what action it should take to
safeguard or promote the welfare of the child.
(3) The enquiries shall in particular be directed towards establishing —
(a) whether the Department should make any application to the
court, or exercise any of its other powers under this Act, with
respect to the child;
(b) whether, in the case of a child with respect to whom an
emergency protection order has been made, or who is not in
accommodation provided by or on behalf of the Department, it
would be in the best interests of the child (while an emergency
protection order remains in force) for him to be in such
accommodation; and
(c) whether, in the case of a child who has been taken into police
protection, it would be in his best interests to ask for an
application to be made under section 45(6).
(4) Where enquiries are being made under subsection (1) with respect to a
child, the Department shall (with a view to enable it to determine what
action, if any, to take with respect to him) take such steps as are
reasonably practicable —
(a) to obtain access to him; or
(b) to ensure that access to him is obtained, on its behalf, by a person
authorised by it for the purpose,
unless the Department is satisfied that it already has sufficient
information with respect to him.
(5) Where, as a result of any enquiries made under this section, it appears to
the Department that there are matters connected with the education of
the child which should be investigated, it shall consult the Department of
Education and Children.46

(6) Where, in the course of enquiries made under this section any officer of
the Department, or any person authorised by the Department to act on
its behalf in connection with those enquiries, is refused access to the child
concerned, or is denied information as to his whereabouts, the
Department shall apply for an emergency protection order, an
assessment order, a care order or a supervision order unless it is satisfied
that his welfare can be satisfactorily safeguarded without its doing so.
Section 47 Children and Young Persons Act 2001


Page 54 AT 20 of 2001 c

(7) If, on the conclusion of any enquiries or review made under this section,
the Department decides not to apply for an order mentioned in
subsection (6), it shall —
(a) consider whether it would be appropriate to review the case at a
later date, and
(b) if it decides that it would be, determine the date on which that
review is to begin.
(8) Where, as a result of complying with this section, the Department
concludes that it should take action to safeguard or promote the child’s
welfare, it shall take that action (so far as it is both within its power and
reasonably practicable for it to do so).
47 Discovery of children in need of protection

[P1989/41/48]
(1) Where it appears to a court making an emergency protection order that
adequate information as to the child’s whereabouts is not available to the
Department but is available to another person, it may include in the
order a provision requiring that person to disclose, if asked to do so by
the Department, any information that he may have as to the child’s
whereabouts.
(2) No person shall be excused from complying with such a requirement on
the ground that complying might incriminate him or his spouse or civil
partner of an offence; but a statement or admission made in complying
shall not be admissible in evidence against either of them in proceedings
for any offence other than perjury.47

(3) An emergency protection order may authorise a person authorised by
the Department to enter premises specified in the order and search for
the child with respect to whom the order is made.
(4) Where the court is satisfied that there is reasonable cause to believe that
there may be another child on those premises with respect to whom an
emergency protection order ought to be made, it may make an order
authorising the Department to search for that other child on those
premises.
(5) Wherever it is reasonably practicable to do so, an order under
subsection (4) shall name the child; and where it does not name him it
shall describe him as clearly as possible.
(6) Where —
(a) an order made been made under subsection (4);
(b) the child concerned has been found on the premises; and
(c) the Department is satisfied that the grounds for making an
emergency protection order exist with respect to him,
Children and Young Persons Act 2001 Section 48


c AT 20 of 2001 Page 55

the order shall have effect as if it were an emergency protection order.
(7) Where an order has been made under subsection (4), the Department
shall notify the Chief Registrar of its effect; and the Chief Registrar shall
make a note thereof against the entry relating to the order in the order
book of the court.
(8) A person who intentionally obstructs any person exercising any power
conferred by subsection (3) or (4) is guilty of an offence and liable on
summary conviction to a fine not exceeding £1,000.
47A Warrants for emergency protection orders

(1) A person authorised by the Department may apply to the High Bailiff for
a warrant authorising any constable to help the person enter premises
and exercise powers under an emergency protection order.
(2) The application must be sworn and state —
(a) the powers sought to be exercised;
(b) the premises for which the warrant is sought;
(c) the name, or a description as clearly as possible, of the child for
which the entry is sought; and
(d) the grounds on which the warrant is sought.
(3) The High Bailiff may issue the warrant only if satisfied the person has
been, or is likely to be, prevented from exercising the powers.
(4) The warrant must state the matters mentioned in subsection (2)(a) to (c).
(5) The warrant authorises any constable to do either or both of the
following, using necessary and reasonable force —
(a) enter the premises with the person and any registered medical
practitioner, registered nurse the person wants; and
(b) take any other action reasonably necessary to allow the powers to
be exercised.48

48 Abduction of person in care

[P1989/41/49]
(1) This section applies to a child who is —
(a) in the care of the Department,
(b) the subject of an emergency protection order, or
(c) in police protection,
and in this section “the responsible person” means any person who for
the time being has care of him by virtue of the care order, the emergency
protection order or section 45, as the case may be.
Section 49 Children and Young Persons Act 2001


Page 56 AT 20 of 2001 c

(2) A person who knowingly and without lawful authority or reasonable
excuse —
(a) takes a child to whom this section applies away from the
responsible person;
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or stay away
from the responsible person;
is guilty of an offence and liable on summary conviction to custody for a
term not exceeding 6 months, or to a fine not exceeding £5,000, or both.
49 Recovery of abducted person

[P1989/41/50]
(1) Where it appears to a court that there is reason to believe that a child to
whom section 48 applies —
(a) has been unlawfully taken away or is being unlawfully kept away
from the responsible person; or
(b) has run away or is staying away from the responsible person; or
(c) is missing,
the court may make an order under this section (a “recovery order”).
(2) A recovery order —
(a) operates as a direction to any person who is in a position to do so
to produce the child on request to any authorised person;
(b) authorises the removal of the child by any authorised person;
(c) requires any person who has information as to the child’s
whereabouts to disclose that information, if asked to do so, to any
authorised person; and
(d) authorises a constable to enter any premises specified in the order
and search for the child.
(3) A court may make a recovery order on the application of —
(a) the Department, or
(b) the designated officer, in the case of a child in police protection,
and may do so in separate proceedings or in any proceedings under this
Act.
(4) A recovery order shall name the child and the person who is the
responsible person, and shall not specify any premises under
subsection (2)(d) unless it appears to the court that there are reasonable
grounds for believing the child to be in them.
(5) A person who intentionally obstructs an authorised person exercising a
power under subsection (2)(b) to remove a child shall be guilty of an
offence and liable on summary conviction to a fine not exceeding £1,000.
Children and Young Persons Act 2001 Section 49


c AT 20 of 2001 Page 57

(6) No person shall be excused from complying with a request under
subsection (2)(c) on the ground that complying might incriminate him or
his spouse or civil partner of an offence; but a statement or admission
made in complying shall not be admissible in evidence against either of
them in proceedings for any offence other than perjury.49

(7) In this section —
“authorised person” means —
(a) any person specified by the court;
(b) any constable; and
(c) any person who is authorised by the Department, after the
recovery order is made, to exercise any power under the order;
“court” means —
(a) in relation to a recovery order made in proceedings in the High
Court, that court;
(b) otherwise, any court of summary jurisdiction;
“the designated officer” has the same meaning as in section 45;
“the responsible person” has the same meaning as in section 48.
(8) Where a person is authorised as mentioned in paragraph (c) of the
definition of “authorised person” in subsection (7) —
(a) the authorisation shall identify the recovery order, and
(b) a person claiming to be so authorised shall, if asked to do so,
produce some duly authenticated document showing that he is so
authorised.
49A Return of missing children

(1) If a constable has reason to believe that a child has run away or is staying
away from a person responsible for the welfare of the child, the constable
may —
(a) return the child to any person responsible for the welfare of the
child; or
(b) take the child into police protection under section 45, if the
constable has reasonable cause to believe it is necessary to do so.
(2) For the purposes of this section, a person responsible for the welfare of a
child is —
(a) a parent of the child;
(b) a person who is not a parent of the child but has parental
responsibility for the child;
(c) a relative of the child who has assumed responsibility for the
child; or
Section 57 Children and Young Persons Act 2001


Page 58 AT 20 of 2001 c

(d) the Department, if the child is being looked after by the
Department.50

PART 6 – [REPEALED]
51

PART 7 – FOSTERING
52

57 Private fostering

[P1989/41/66]
(1) For the purposes of this Part a child is “privately fostered
” if (subject to
the following provisions of this Part) —
(a) he is either under the age of 16 or disabled, and
(b) he is cared for and provided with accommodation by someone
other than —
(i) a parent of his,
(ii) an individual who is not a parent of his but who has
parental responsibility for him; or
(iii) a relative of his;
and “to foster a child privately
” means to look after the child in
circumstances in which he is privately fostered.
(2) A child is not privately fostered if the person caring for and
accommodating him —
(a) has done so for a period of less than 28 days, and
(b) does not intend to do so for any longer period.
(3) A child is not privately fostered while he is being looked after by the
Department.
(4) A child is not privately fostered while he is in the care of any person in
premises in which —
(a) a parent of his;
(b) a person who is not a parent of his but who has parental
responsibility for him; or
(c) a relative of his who has assumed responsibility for his care,
is for the time being living.
(5) A child is not privately fostered while he is in the care of any person
in —
(a) a children’s home, residential family centre, child (secure
accommodation) establishment or independent hospital under the
care Act;53

Children and Young Persons Act 2001 Section 58


c AT 20 of 2001 Page 59

(b) [Repealed]54

(c) a health service hospital;
(d) a school in which he is receiving full-time education; or
(e) an institution within the meaning of the Custody Act 1995,
unless that person is caring for the child in his personal capacity and not
in the course of carrying out his duties in relation to the establishment in
question.
(6) A child is not privately fostered while he is —
(a) in the care of any person in compliance with a requirement under
paragraph 5 of Schedule 9 (supervision order: residence
requirement);
(b) liable to be detained, or subject to guardianship, under the Mental
Health Act 1998;
(c) placed in the care of a person who proposes to adopt him under
arrangements made by an adoption agency (within the meaning
of the Adoption Act 1984); or
(d) a protected child for the purposes of Part II of that Act.
58 Disqualifications

[P1989/41/68]
(1) A person is disqualified from fostering a child privately if —
(a) under the care Act, the person is totally disqualified or
disqualified for children; or
(b) another prescribed circumstance applies to the person.55

(2) [Repealed]56

(3) [Repealed]57

(4) A person shall not foster a child privately if he is disqualified under
subsection (1) from doing so, unless he has disclosed to the Department
the fact that he is so disqualified and has obtained its written consent.58

(5) A person shall not foster a child privately if —
(a) he lives in the same household as a person who is disqualified
from registration by virtue of regulations under this section; or
(b) he lives in a household at which any such person is employed,
unless he has disclosed to the Department the fact that that person is so
disqualified and has obtained its written consent.
(6) Subject to subsection (7), a person who contravenes subsection (4) or (5)
is guilty of an offence and liable on summary conviction to custody for a
term not exceeding 6 months or a fine not exceeding £5,000, or both.
Section 59 Children and Young Persons Act 2001


Page 60 AT 20 of 2001 c

(7) A person who contravenes subsection (5) is not guilty of an offence if he
proves that he did not know, and had no reasonable grounds for
believing, that any person living or employed in the household was
disqualified by regulations under subsection (1).
(8) Where the Department refuses to give its consent under this section, it
shall inform the applicant in writing of —
(a) the reason for its refusal;
(b) his right of appeal under section 68, and
(c) the time within which the appeal may be made.
59 Restrictions on private fostering

[P1989/41/69; 8/6]
(1) This section applies to a person who proposes to foster a child privately,
or is fostering a child privately.
(2) Where the Department is of the opinion that —
(a) a person to whom this section applies is not a suitable person to
foster a child; or
(b) the premises in which the child will be or is being accommodated
are not suitable; or
(c) it would be prejudicial to the welfare of the child for him to be, or
continue to be, accommodated by that person in those premises,
the Department may by notice in writing impose a prohibition on him
under subsection (3).
(3) A prohibition imposed on any person under this subsection may prohibit
him from fostering privately —
(a) any child in any premises;
(b) any child in premises specified in the notice; or
(c) a child identified in the notice in premises so specified.
(4) The Department may by notice in writing impose on a person to whom
this section applies requirements (including a requirement varying a
previous requirement) as to —
(a) the number, age and sex of the children who may be privately
fostered by him;
(b) the standard of the accommodation and equipment to be
provided for them;
(c) the arrangements to be made with respect to their health and
safety; and
(d) particular arrangements which must be made with respect to the
provision of care for them.
(5) A requirement under subsection (4) —
Children and Young Persons Act 2001 Section 60


c AT 20 of 2001 Page 61

(a) may be limited to a particular child or class of children; and
(b) except in the case of one under subsection (4)(a), may be limited
by the Department so as to apply only when the number of
children fostered by the person exceeds a specified number.
(6) The Department may, on the application of the person concerned or
without any application —
(a) if it is satisfied that a prohibition or requirement under this
section is no longer justified, cancel it; or
(b) vary or remove a requirement under this section or impose an
additional requirement.
(7) Where the Department imposes a prohibition or requirement on a person
under this section, the notice shall state —
(a) the reason for the prohibition or requirement;
(b) his right of appeal under section 68, and
(c) the time within which the appeal may be made.
(8) A person who fosters a child privately in contravention of a prohibition
under subsection (3) is guilty of an offence and liable on summary
conviction to custody for a term not exceeding 6 months, or to a fine not
exceeding £5,000, or to both.
(9) A person who fails without reasonable excuse to comply with a
requirement under subsection (4) is guilty of an offence and liable on
summary conviction to a fine not exceeding £2,500.
60 Regulations as to fostering

[P1989/41/8/7]
(1) The Department may by regulations make provision as to —
(a) the circumstances in which notification is required to be given in
connection with children who are, have been or are proposed to
be fostered privately; and
(b) the manner and form in which such notification is to be given.
(2) Regulations under this section may in particular —
(a) require any person who is, or proposes to be, involved (whether
or not directly) in arranging for a child to be fostered privately to
notify the Department;
(b) require any parent of a child, and any person who is not a parent
of his but has parental responsibility for him, who knows that it is
proposed that the child should be fostered privately, to notify the
Department;
(c) require any parent of a child who is privately fostered, and any
person who is not a parent of his but has parental responsibility
for him, to notify the Department of any change in his address;
Section 61 Children and Young Persons Act 2001


Page 62 AT 20 of 2001 c

(d) require any person who proposes to foster a child privately to
notify the Department of his proposal;
(e) require any person who is fostering a child privately, or proposes
to do so, to notify the Department of any offence of which he has
been convicted in the Island or elsewhere;
(f) require any person who is fostering a child privately to notify the
Department of any change in his address;
(g) require any person who is fostering a child privately to notify the
Department of any person who begins, or ceases, to be a member
of his household;
(h) require any person who has been fostering a child privately, but
has ceased to do so, to notify the Department (indicating, where
the child has died, that that is the reason).
(3) A person who —
(a) fails without reasonable excuse to give a notification required by
regulations under this section —
(i) within the prescribed time, or
(ii) within a reasonable time,
(b) makes, or causes or procures another person to make, any
statement in any such notification which he knows to be false or
misleading in a material particular,
is guilty of an offence and liable on summary conviction to a fine not
exceeding £5,000.
(4) Proceedings for an offence under subsection (3) may be brought at any
time within 6 months from the date when evidence of the offence came
to the knowledge of the Department.
61 Fostering limit

[P1989/41/Sch7]
(1) For the purposes of this section, a person fosters a child if —
(a) he is an official foster parent in relation to the child; or
(b) he fosters the child privately.
(2) Subject to the following provisions of this section a person may not foster
more than 3 children (“the usual fostering limit”).
(3) A person may exceed the usual fostering limit if the children concerned
are all brothers or sisters (or brothers and sisters) of one another.
(4) A person may exceed the usual fostering limit if he is exempted from it
by the Department.
(5) Where the Department exempts a person under subsection (4), it shall
inform him by notice in writing —
Children and Young Persons Act 2001 Section 62


c AT 20 of 2001 Page 63

(a) that he is so exempted;
(b) of the children (described by name) whom he may foster; and
(c) of any condition to which the exemption is subject.
(6) The Department may at any time by notice in writing —
(a) vary or cancel an exemption under subsection (4), or
(b) impose, vary or cancel a condition to which the exemption is
subject.
(7) In exercising its functions under subsections (4) to (6) the Department
shall have regard in particular to —
(a) the number of children whom the person proposes to foster;
(b) the arrangements which he proposes for their care and
accommodation;
(c) the intended and likely relationship between him and them;
(d) the period of time for which he proposes to foster them; and
(e) whether their welfare (and that of any other children who are or
will be living in the accommodation) will be safeguarded and
promoted.
(8) A person ceases to be fostering children and, for the care Act, is taken to
be carrying on a children’s home at any place where the person cares for
or accommodates those children, if —
(a) he exceeds the usual fostering limit; or
(b) where he is exempted under subsection (4), he fosters a child not
named in the exemption and in so doing he exceeds the usual
fostering limit;
except where the children concerned are all brothers or sisters (or
brothers and sisters) of one another.59

62 Welfare of privately fostered children

(1) The Department shall —
(a) satisfy itself that the welfare of children who are privately
fostered is being satisfactorily safeguarded and promoted, and
(b) secure that such advice is given to those caring for them as
appears to the Department to be needed.
(2) Where the Department is not satisfied as mentioned in subsection (1)(a)
as respects a child, it shall —
(a) unless it considers that it would not be in his best interests, take
such steps as are reasonably practicable to secure that the care and
accommodation of the child are undertaken by —
(i) a parent of his,
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(ii) an individual who is not a parent of his but who has
parental responsibility for him, or
(iii) a relative of his; and
(b) consider the extent to which (if at all) it should exercise any of its
functions under this Act with respect to him.
63 Powers of care Act inspectors

(1) An inspector under the care Act may, at any time, enter premises in
which the inspector reasonably believes a privately fostered child is or
will be living.
(2) Part 4, Division 1 (monitoring), other that sections 130 (reports about
inspections) and 131 (protection from defamation from reports), of the
care Act applies for an inspector acting under subsection (1) —
(a) as if the premises were premises at which there is a care service
under the care Act;
(b) as if a reference in the Division to the provision of social care or
non-NHS health care services were a reference to privately
fostering a child; and
(c) with any other necessary changes.60

64 [Repealed]
61

65 [Repealed]
62

66 [Repealed]
63

67 [Repealed]
64

68 [Repealed]
65

PART 8 – PROCEEDINGS INVOLVING CHILDREN AND

YOUNG PERSONS

Proceedings involving children and young persons
69 General considerations

Every court in dealing with a child or young person who is brought before it,
either as an offender or otherwise, shall have regard to the welfare of the child
or young person.
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70 Age of criminal responsibility

[P1998/37/27]
(1) It shall be conclusively presumed that no child under the age of 10 years
can be guilty of an offence.
(2) It shall not be presumed that a child aged 10 or over is incapable of
committing an offence.
71 Separation of children and young persons from adults in courts etc

(1) This section applies to a child or young person while he is —
(a) detained in a police station, or
(b) being conveyed to or from any criminal court, or
(c) waiting before or after attendance in any criminal court.
(2) Arrangements shall be made for —
(a) preventing such a child or young person from associating with an
adult (not being a relative) who is charged with any offence other
than an offence with which the child or young person is jointly
charged, and
(b) ensuring that, if the child or young person is a girl, she is under
the care of a woman.
72 Bail or detention of children and young persons arrested

[1993/18/1/2]
(1) This section applies to a person apparently under the age of 17 years
who —
(a) is apprehended, with or without warrant, and
(b) cannot be brought forthwith before a court of summary
jurisdiction.
(2) The appropriate officer shall inquire into the case of a person to whom
this section applies, and may release him on a recognizance being
entered into by him or his parent or guardian (with or without sureties),
for such an amount as will, in the opinion of the officer, secure his
attendance upon the hearing of the charge.
(3) The appropriate officer shall so release such a person unless —
(a) the charge is one of homicide or other grave crime; or
(b) it is necessary in his interest to remove him from association with
any reputed criminal or prostitute; or
(c) the officer has reason to believe that his release would defeat the
ends of justice.
(4) Where a person to whom this section applies is released under this
section on his parent or guardian entering into a recognizance to secure
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his attendance upon the hearing of a charge, the recognizance may be
conditioned for the attendance at the hearing of the parent or guardian as
well as the person charged.
(5) Where a person to whom this section applies is not so released as
mentioned in subsection (2), the appropriate officer shall cause him to be
detained until he can be brought before a court of summary jurisdiction.
(6) In this section —
“the appropriate officer” means the officer in charge of the police station to
which the child or young person in question is brought;
“guardian”, in relation to a child or young person, includes any individual who
appears to have for the time being the actual care of him.
73 Detention of child or young person

[P1933/12/34; P1984/60/57; 1998/9/60]
(1) Where a child or young person is in police detention such steps as are
practicable shall be taken to ascertain the identity of a person responsible
for his welfare.
(2) If it is practicable to ascertain the identity of a person responsible for the
welfare of a child or young person, that person shall be informed, unless
it is not practicable to do so —
(a) that the child or young person has been arrested;
(b) why he has been arrested;
(c) where he is being detained; and
(d) where the intimate search of a juvenile has been authorised under
section 58(1) of the Police Powers and Procedures Act 1998 or
paragraph 10(5) of Schedule 8 to the Anti-Terrorism and Crime Act
2003 —
(i) that an intimate search has been so authorised;
(ii) where the intimate search will be carried out;
(iii) that the juvenile has the right to consult an advocate;
(iv) that the person has a right to be present when the search is
carried out; and
(v) that if it is not practicable for the person to be present
when the search is carried out, or if he refuses to attend, an
application may be made to the High Bailiff for authority
to carry out the search in the absence of that person.66

(3) Where information falls to be given under subsection (2), it shall be given
as soon as it is practicable to do so.
(4) For the purposes of this section the persons who may be responsible for
the welfare of a child or young person are —
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(a) his parent or guardian;
(b) any other person who has for the time being assumed
responsibility for his welfare;
(c) where the child or young person is being looked after by the
Department, the Department.
(5) If it is practicable to give a person responsible for the welfare of the child
or young person the information required by subsection (2) that person
shall be given it as soon as it is practicable to do so.
(6) If it appears that at the time of his arrest a supervision order under any
provision of this Act is in force in respect of him, the person responsible
for his supervision shall also be informed as described in subsection (2)
as soon as it is reasonably practicable to do so.
(7) The rights conferred on a child or young person by subsections (2) to (6)
are in addition to his rights under section 59 of the Police Powers and
Procedures Act 1998.
(8) In this section “police detention” has the meaning given by section 81(2)
of the Police Powers and Procedures Act 1998, but also includes detention
under the terrorism provisions (as defined in section 69 of that Act); and
in subsection (2) “arrest” includes such detention.
74 Children in court during trials

(1) No child (other than an infant in arms) shall be permitted to be present in
court during —
(a) the trial of any other person charged with an offence, or
(b) during any proceedings preliminary thereto,
except during such time as his presence is required as a witness or
otherwise for the purposes of justice.
(2) Where any child is present in court when he is not to be permitted to be
so under subsection (1), he shall be ordered to be removed.
75 Clearing court while child or young person is giving evidence

(1) Where a person who appears to the court to be a child or young person is
called as a witness, in any proceedings in relation to an offence against,
or any conduct contrary to, decency or morality, the court may direct
that any person be excluded from the court during the taking of the
evidence of that witness.
(2) Subsection (1) does not authorise the exclusion of —
(a) members or officers of the court;
(b) parties to the case or their advocates;
(c) persons otherwise directly concerned in the case; or
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(d) bona fide representatives of a newspaper or news agency.
(3) The powers conferred on a court by this section are in addition and
without prejudice to any other powers of the court to hear proceedings in
camera.
76 Remand or committal of child or young person

[P1969/54/23; P1991/53/60]
(1) Subject to subsection (3), where a court has power or would, apart from
subsection (2) or (3), have power —
(a) to remand a child or young person on bail or in custody, or
(b) to commit him to custody for trial or sentence,
it may instead, after consultation with the Department, remand him to
accommodation provided by the Department.
(2) A court may not remand a child or young person in custody unless —
(a) he is charged with homicide, or
(b) it is of opinion that only his detention in custody would be
adequate to protect members of the public from death or serious
personal injury occasioned by offences committed by him.
(3) A court, on remanding or committing for trial a child or young person,
shall release him on bail unless —
(a) either of the conditions in subsection (2) is fulfilled, or
(b) it is of opinion that either —
(i) he will suffer, or be likely to suffer, significant harm, or
(ii) the public will not be adequately protected from harm
from him,
if he is not remanded to accommodation provided by the
Department.
(4) Where a person is remanded to accommodation provided by the
Department, it shall be lawful for any person acting on behalf of the
Department to detain him.
(5) The Department shall make regulations as to —
(a) the exercise of the powers conferred by subsection (4);
(b) the periodical review of any detention pursuant to that
subsection; and
(c) the making of reports to the court concerning any such detention
and any such review.
(6) Subject to subsection (7), a court remanding a young person to
accommodation provided by the Department may, after consultation
with the Department, impose on the Department a requirement that the
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person in question be placed and kept in secure accommodation (a
“security requirement”).
(7) A court may not impose a security requirement in respect of a young
person unless —
(a) he is charged with or has been found guilty of a violent or sexual
offence, or an offence punishable in the case of an adult with
custody for a term of 10 years or more; or
(b) he has a recent history of absconding while being looked after by
the Department, and is charged with or has been found guilty of
an offence alleged or found to have been committed while he was
being looked after by the Department;
and (in either case) the court is of opinion that only such a requirement
would be adequate to protect the public from harm from him.
(8) A court remanding a person to accommodation provided by the
Department without imposing a security requirement may, with the
consent of the Department, require that person to comply with any such
conditions as could be imposed if he were then being granted bail.
(9) Where a court states that it is of the opinion specified in subsection (2)(b),
(3)(b) or (7) with respect to a person, or imposes on a person any such
conditions as are mentioned in subsection (8), it shall explain to him in
open court and in ordinary language why it is of that opinion or is
imposing those conditions; and a court of summary jurisdiction shall
cause a reason stated by it under this subsection to be entered in the
order book.
(10) Where a person is remanded to accommodation provided by the
Department, a court of summary jurisdiction may, on the application of
the Department, impose on that person any such conditions as could be
imposed under subsection (8) if the court were then remanding him to
such accommodation.
(11) Where a person is remanded to accommodation provided by the
Department, a court of summary jurisdiction may, on the application of
the Department or that person, vary or revoke any conditions or
requirements imposed under this section.
(12) The functions of a court of summary jurisdiction under this section may
be exercised by a single justice of the peace.
(13) Any reference in this section to consultation with the Department is to
such consultation (if any) as is reasonably practicable in all the
circumstances of the case.
(14) In this section “violent or sexual offence” means —
(a) an offence which leads, or is intended or likely to lead, to a
person’s death or to physical injury to a person, or an offence
which is required to be charged as arson; or
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(b) an offence under the Sexual Offences Act 1992 (except sections 25
to 31).
77 Evidence by minors

[P1988/33/33A; P1989/41/96; P1994/33/9/33]
(1) A child’s evidence in criminal proceedings shall be given unsworn.
(2) A deposition of a child’s unsworn evidence may be taken for the
purposes of criminal proceedings as if that evidence had been given on
oath.
(3) Unsworn evidence admitted under this section may corroborate
evidence (sworn or unsworn) given by another person.
(4) A child’s evidence shall be received unless it appears to the court that the
child is incapable of giving intelligible testimony.
(5) The power of a court in any criminal proceedings to determine that a
particular person is not competent to give evidence applies to children of
tender years as it applies to other persons.
(6) Where a minor is called as a witness in any civil proceedings and does
not, in the opinion of the court, understand the nature of an oath, his
evidence may be heard by the court if, in its opinion, —
(a) he understands that it is his duty to speak the truth; and
(b) he has sufficient understanding to justify his evidence being
heard.
(7) If a minor giving evidence unsworn intentionally gives false evidence in
circumstances in which he would, if it had been given on oath, have been
guilty of perjury, he shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £2,500; and the court by which he is
convicted may exercise in relation to him any of the powers referred to in
section 19(3)(b) of the Summary Jurisdiction Act 1989.
78 Admissibility of hearsay evidence

[SI 1991/1115]
In any of the following proceedings —
(a) any civil proceedings before the High Court;
(b) family proceedings before a court of summary jurisdiction,
evidence given in connection with the upbringing, maintenance or welfare of a
minor shall be admissible notwithstanding any rule of law relating to hearsay.
79 Powers in relation to certain offences

(1) Where, in any proceedings relating to any offence mentioned in Schedule
8, the court is satisfied that the attendance before it of any child or young
person in respect of whom the offence is alleged to have been committed
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c AT 20 of 2001 Page 71

is not essential to the just hearing of the case, it may proceed with and
determine the case in the absence of the child or young person.
(2) Where a justice of the peace is satisfied by the evidence of a duly
qualified medical practitioner that the attendance before a court of any
child or young person in respect of whom any offence mentioned in
Schedule 8 is alleged to have been committed would involve serious
danger to his life or health, the justice —
(a) may in accordance with rules of court take in writing the
deposition of the child or young person (on oath, in the case of a
young person);
(b) shall thereupon sign the deposition and add to it a statement of —
(i) his reason for taking it,
(ii) the time when and place where it was taken, and
(iii) the names of the persons (if any) present when it was
taken; and
(c) shall transmit the deposition with his statement to the Chief
Registrar.
(3) Where, in any proceedings in respect of an offence mentioned in
Schedule 8 —
(a) the court is satisfied by the evidence of a duly qualified medical
practitioner that the attendance before the court of any child or
young person in respect of whom the offence is alleged to have
been committed would involve serious danger to his life or
health, and
(b) any deposition of the child or young person tendered in evidence
appears to have been taken in accordance with rules of court and
purports to be signed by the justice by or before whom it purports
to have been taken,
then, subject to subsection (4), the deposition shall be admissible in
evidence either for or against the accused person without further proof
thereof.
(4) A deposition shall not be admissible in evidence against the accused
person by virtue of subsection (3) unless it is proved —
(a) that reasonable notice of the intention to take the deposition has
been served upon him, and
(b) that he or his advocate had, or might have had if he had chosen to
be present, an opportunity of cross-examining the child or young
person making the deposition.
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80 Identification of child or young person in media

(1) Subject to subsection (3), no written report of any proceedings in any
court shall be published in the Island, and no report of any such
proceedings shall be included in a relevant programme for reception in
the Island, which —
(a) reveals the name, address or school, or
(b) includes any particulars calculated to lead to the identification,
of any child or young person concerned in those proceedings, either as
being the person against or in respect of whom the proceedings are taken
or as being a witness therein.
(2) Subject to subsection (3), no picture shall be published in any newspaper
or periodical or included in a relevant programme as being or including
a picture of any child or young person so concerned in any such
proceedings.
(3) Subject to subsection (4), a court may in any case by order dispense with
the requirements of subsection (1) or (2) to such extent as may be
specified in the order.
(4) A juvenile court shall not exercise the power conferred by subsection (3)
unless it is satisfied that it is in the interests of justice to do so.
(5) If a report or picture is published or included in a relevant programme in
contravention of this section, each of the following persons —
(a) in the case of a publication of a written report as part of, or of a
picture in, a newspaper or periodical, any proprietor, editor or
publisher of the newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as
part of a newspaper or periodical, the person who published it;
(c) in the case of the inclusion of a report or picture in a relevant
programme, any body corporate which is engaged in providing
the service in which the programme is included and any person
having functions in relation to the programme corresponding to
those of an editor of a newspaper;
is guilty of an offence and liable on summary conviction to a fine not
exceeding £2,000.
(6) Proceedings for an offence under this section shall not be instituted
otherwise than by or with the consent of the Attorney General.
(7) In this section “relevant programme” means a programme included in a
programme service (within the meaning of Part 1 of the Broadcasting Act
1993).
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81 Findings of guilt etc

(1) The words “conviction” and “sentence” shall not be used in relation to
children and young persons dealt with summarily.
(2) Any reference in any enactment (whenever passed) to a person
convicted, a conviction or a sentence shall, in the case of a child or young
person, be construed as including a reference to a person found guilty of
an offence, a finding of guilty or an order made upon such a finding, as
the case may be.
(3) No conviction or finding of guilty of a child or young person shall be
regarded as a conviction of felony for the purposes of any
disqualification attaching to felony.
(4) In any proceedings for an offence committed or alleged to have been
committed by a person of or over the age of 21 —
(a) any offence of which he was found guilty while under the age of
14 shall be disregarded for the purposes of any evidence relating
to his previous convictions; and
(b) he shall not be asked, and if asked shall not be required to answer,
any question relating to such an offence, although the question
would otherwise be admissible under section 1 of the Criminal
Evidence Act 1946.
82 Power to impose penalty etc on parent of child or young person

[1985/15/2/6; 1996/17/2/3]
(1) Subject to subsection (2), where —
(a) a child or young person is convicted or found guilty of any
offence for the commission of which a fine or costs may be
imposed or a compensation order may be made under Part I of
Schedule 6 to the Criminal Law Act 1981; and
(b) the court is of opinion that the case would best be met by the
imposition of a fine or costs or the making of such an order,
whether with or without any other punishment,
the court shall order that the fine, compensation or costs awarded be
paid by the parent or guardian of the child or young person instead of by
the child or young person himself.
(2) The court shall not make an order under subsection (1) if it is satisfied —
(a) that the parent or guardian cannot be found; or
(b) that it would be unreasonable to make an order for payment,
having regard to the circumstances of the case.
(3) Where a child or young person is convicted or found guilty of any
offence, the court by which sentence is imposed on him or any order is
Section 83 Children and Young Persons Act 2001


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made against him in respect of that offence may order his parent or
guardian to give security for his good behaviour.
(4) An order under this section may not be made against a parent or
guardian unless —
(a) he has been required to attend but has failed to do so, or
(b) he has been given an opportunity of being heard.
(5) Where an order is made against a parent or guardian under this
section —
(a) he may appeal against it, and
(b) any sums ordered to be paid by him under subsection (1), or
payable by him on forfeiture of any security under subsection (3),
may be recovered from him,
as if the order had been made on his conviction of the offence with which
the child or young person was found guilty.
(6) In this section “guardian”, in relation to a child or young person,
includes any individual who in the court’s opinion has the actual care of
him.
Supervision orders in criminal proceedings
83 Power to make supervision order in criminal proceedings

(1) Subject to section 8 of the Custody Act 1995 (detention during Her
Majesty’s pleasure), where a child or a young person is found guilty of
any offence by or before any court, that court or the court to which his
case is remitted may make a supervision order in respect of him, that is,
an order placing him under the supervision of —
(a) the Department;
(b) an officer of the Department designated for the purpose by the
Department; or
(c) if the Department consents in the particular case, a probation
officer.
(2) If a court makes a supervision order under this section while another
such order, or a care order or a supervision order under section 31, made
by any court is in force in respect of the child or young person, it may
also revoke the earlier order.
(3) Schedule 9 has effect with respect to supervision orders under
subsection (1).
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PART 9 – FERTILISATION, SURROGACY ETC.

Human fertilisation and embryology
84 Prohibition on activities connected with embryos etc

[P1990/37/3-4; P1994/33/156]
(1) Subject to section 85, a person is guilty of an offence if —
(a) he places in a woman a live embryo other than a human embryo;
(b) he places in a woman any live gametes other than human
gametes;
(c) he mixes live human gametes with the live gametes of any animal;
(d) for the purpose of providing fertility services for any woman, he
uses female germ cells taken or derived from an embryo or a
foetus, or uses embryos created by using such cells.
(2) A person guilty of an offence under subsection (1) is liable on conviction
on information to custody for a term not exceeding 10 years or to a fine
or to both.
(3) Subject to section 85, a person is guilty of an offence if he —
(a) brings about the creation of an embryo outside the human body;
(b) keeps or uses an embryo outside the human body;
(c) keeps any live human gametes while preserved (whether by
cryopreservation or in any other way);
(d) in the course of providing fertility services for any woman, uses
the live sperm of any man (unless the services are provided for
the woman and the man together);
(e) in the course of providing fertility services for any woman, uses
the live eggs of any other woman;
(f) places sperm and eggs in a woman in any prescribed
circumstances.
(4) A person guilty of an offence under subsection (3) is liable —
(a) on conviction on information, to custody for a term not exceeding
2 years or to a fine, or to both;
(b) on summary conviction, to custody for a term not exceeding 6
months or to a fine not exceeding £5,000, or to both.
85 Provision for licensing of certain activities

(1) The Department may by order provide for the licensing of any of the
activities specified in section 84(1)(c) or (d) or (3)(a), (b), (c), (d), (e) or
(f).67

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Page 76 AT 20 of 2001 c

(2) In any proceedings for an offence under section 84(1) or (3) consisting in
any of those activities, it is a defence for the person accused to show that
the activity was carried on in pursuance of a licence granted in
accordance with an order under subsection (1).
(3) An order under subsection (1) may provide for the application to the
Island, as part of the law of the Island, of any of the following
legislation —
(a) the Human Fertilisation and Embryology Act 1990 (an Act of
Parliament), except —
(i) sections 1, 2, 3(1) and (2) and 4 to 8, and
(ii) sections 27 to 30;
(b) any provision of an Act of Parliament amending, varying or
modifying that Act, directly or indirectly;
(c) any statutory instrument made or having effect as if made under
that Act,
subject to such exceptions, adaptations and modifications as may be
specified in the order.
(4) An order under subsection (1) may either —
(a) provide for the establishment of a body of persons with the
function of licensing any activity mentioned in subsection (1), and
with such advisory functions relating to those activities and any
other activities mentioned in section 84 as appear to the
Department to be appropriate; or68

(b) confer such licensing and advisory functions on a body of persons
established otherwise than by the order (including a body
established in the United Kingdom).
(5) An order under subsection (1) —
(a) may make such transitional, consequential, incidental and
supplemental provision as appears to the Department to be
necessary or expedient for the purposes of the order; and69

(b) may repeal or amend any enactment (including an enactment
contained in this Part, other than section 84 and this section)
appearing to the Department to be inconsistent with, or to have
become unnecessary or to require amendment in consequence of,
the order.70

86 Meaning of “mother”

[P1990/37/27]
(1) The woman who is carrying or has carried a child as a result of the
placing in her of an embryo or of sperm and eggs, and no other woman,
is to be treated as the mother of the child.
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(2) Subsection (1) does not apply to any child to the extent that the child is
treated by virtue of adoption as not being the child of any person other
than the adopter or adopters.
(3) For the purposes of this section it is immaterial where the woman was at
the time of the placing in her of the embryo or the sperm and eggs.
87 Meaning of “father”

[P1990/37/28]
(1) This section applies in the case of a child who is being or has been carried
by a woman as the result of the placing in her of an embryo or of sperm
and eggs or her artificial insemination.
(2) If —
(a) at the time of the placing in her of the embryo or the sperm and
eggs or of her insemination, the woman was a party to a marriage
or in a civil partnership with a man, and
(b) the creation of the embryo carried by her was not brought about
with the sperm of her husband or her civil partner,
then, subject to subsection (5), her husband or her civil partner shall be
treated as the father of the child unless it is shown that he did not
consent to the placing in her of the embryo or the sperm and eggs or to
her insemination (as the case may be).71

(3) If no man is treated, by virtue of subsection (2), as the father of the child
but —
(a) the embryo or the sperm and eggs were placed in the woman, or
she was artificially inseminated, in the course of fertility services
provided for her and a man together, and
(b) the creation of the embryo carried by her was not brought about
with the sperm of that man,
then, subject to subsection (5), that man shall be treated as the father of
the child.
(4) Where a person is treated as the father of the child by virtue of
subsection (2) or (3), no other person is to be treated as the father of the
child.
(5) Subsections (2) and (3) do not apply —
(a) to any child who, by virtue of the rules of common law, is treated
as the legitimate child of the parties to a marriage, or
(b) to any child to the extent that the child is treated by virtue of
adoption as not being the child of any person other than the
adopter or adopters.
Section 88 Children and Young Persons Act 2001


Page 78 AT 20 of 2001 c

(6) Where the sperm of a man, or any embryo the creation of which was
brought about with his sperm, was used after his death, he is not to be
treated as the father of the child.
(7) The reference in subsection (2) to the parties to a marriage at the time
there referred to —
(a) is to the parties to a marriage subsisting at that time, unless a
judicial separation was then in force, but
(b) includes the parties to a void marriage if either or both of them
reasonably believed at the time that the marriage was valid;
and for the purposes of this subsection it shall be presumed, unless the
contrary is shown, that one of them reasonably believed at the time that
the marriage was valid.
(7A) The reference in subsection (2) to the woman being in a civil partnership
with a man at the time there referred to —
(a) is to the man and the woman being in a civil partnership
subsisting at that time, unless a judicial separation was then in
force, but
(b) includes the parties to a void civil partnership between the man
and the woman if either or both of them reasonably believed at
the time that the civil partnership was valid,
and for the purposes of this subsection it shall be presumed, unless the
contrary is shown, that one of them reasonably believed at the time that
the civil partnership was valid.72

(8) For the purposes of this section it is immaterial where the woman was at
the time of the placing in her of the embryo or the sperm and eggs or her
artificial insemination.
(9) In subsection (7)(a) “judicial separation” includes a legal separation
obtained in a country outside the British Islands and recognised in the
Island.
88 Effect of sections 86 and 87

[P1990/37/29]
(1) Where by virtue of section 86 or 87 a person is to be treated as the mother
or father of a child, that person is to be treated in law as the mother or, as
the case may be, the father of the child for all purposes.
(2) Where by virtue of section 86 or 87 a person is not to be treated as the
mother or father of a child, that person is to be treated in law as not being
the mother or, as the case may be, the father of the child for any purpose.
(3) Where subsection (1) or (2) has effect, references to any relationship
between 2 people in any statutory provision, deed or other instrument or
document (whenever made) are to be read accordingly.
Children and Young Persons Act 2001 Section 89


c AT 20 of 2001 Page 79

(4) Nothing in section 86(1) or 87(2) to (4), read with this section, affects —
(a) the succession to any dignity or title of honour or renders any
person capable of succeeding to or transmitting a right to succeed
to any such dignity or title, or
(b) the devolution of any property limited (expressly or not) to
devolve (as nearly as the law permits) along with any dignity or
title of honour.
(5) Sections 86 and 87 and this section have effect only in relation to children
carried by women as a result of the placing in them of embryos or of
sperm or eggs, or of their artificial insemination (as the case may be),
after the commencement of this section.
89 Parental orders in favour of donors

[P1990/37/30]
(1) The High Court may make an order providing for a child to be treated in
law as the child of the parties to a marriage (“the husband” and “the
wife”) if —
(a) the child has been carried by a woman other than the wife as the
result of the placing in her of an embryo or sperm and eggs or her
artificial insemination;
(b) the gametes of the husband or the wife, or both, were used to
bring about the creation of the embryo, and
(c) the conditions in subsections (2) to (7) are satisfied.
For the purposes of this subsection it is immaterial where the woman
was at the time of the placing in her of the embryo or the sperm and eggs
or her artificial insemination.
(2) The husband and the wife must apply for the order within 6 months of
the birth of the child.
(3) At the time of the application and of the making of the order —
(a) the child’s home must be with the husband and the wife, and
(b) the husband or the wife, or both of them, must be domiciled in the
Island, in a part of the United Kingdom or in one of the Channel
Islands.
(4) At the time of the making of the order both the husband and the wife
must have attained the age of 18.
(5) The Court must be satisfied that both the father of the child (including a
person who is the father by virtue of section 87), where he is not the
husband, and the woman who carried the child have freely and with full
understanding agreed unconditionally to the making of the order.
(6) Subsection (5) does not require the agreement of a person who cannot be
found or is incapable of giving agreement, and the agreement of the
Section 90 Children and Young Persons Act 2001


Page 80 AT 20 of 2001 c

woman who carried the child is ineffective for the purposes of that
subsection if given by her less than 6 weeks after the child’s birth.
(7) The Court must be satisfied that no money or other benefit (other than
for expenses reasonably incurred) has been given or received by the
husband or the wife for or in consideration of —
(a) the making of the order,
(b) any agreement required by subsection (5),
(c) the handing over of the child to the husband and the wife, or
(d) the making of any arrangements with a view to the making of the
order,
unless authorised by the Court.
(7A) After the commencement of the Marriage and Civil Partnership
(Amendment) Act 2016 this section applies to the parties to a civil
partnership between a man and a woman as it does to the parties to a
marriage, and accordingly references to “the husband” and “the wife”
are to be construed in such cases as references to the male civil partner
and female civil partner respectively.73

(8) Regulations may provide —
(a) for any provision of the Adoption Act 1984 to have effect, with
prescribed modifications, in relation to orders under this section,
and applications for such orders, as it has effect in relation to
adoption and applications for adoption orders, and
(b) for references in any enactment to adoption, an adopted child or
an adoptive relationship to be read respectively as references to
the effect of an order under this section, a child to whom such an
order applies and a relationship arising by virtue of the Adoption
Act 1984, as applied by the regulations, and for similar
expressions in connection with adoption to be read accordingly.
Surrogacy arrangements
90 Surrogacy arrangements unenforceable

[P1985/49/1A; P1990/37/36]
No surrogacy arrangement is enforceable by or against any of the persons
making it.
91 Negotiating surrogacy arrangements

[P1985/49/2(1)-(4)]
(1) Any person who on a commercial basis does any of the following acts —
(a) initiates or takes part in any negotiations with a view to the
making of a surrogacy arrangement,
Children and Young Persons Act 2001 Section 92


c AT 20 of 2001 Page 81

(b) offers or agrees to negotiate the making of a surrogacy
arrangement, or
(c) compiles any information with a view to its use in making, or
negotiating the making of, surrogacy arrangements,
is guilty of an offence.
(2) Any person who on a commercial basis knowingly causes another to do
any of the acts specified in subsection (1) is guilty of an offence.
(3) A person guilty of an offence under subsection (1) or (2) is liable on
summary conviction to custody for a term not exceeding 6 months or to a
fine not exceeding £5,000, or to both.
(4) It is not a contravention of subsection (1) or (2) —
(a) for a woman, with a view to becoming a surrogate mother herself,
to do any act mentioned in subsection (1) or to cause such an act
to be done; or
(b) for any person, with a view to a surrogate mother carrying a child
for him, to do such an act or to cause such an act to be done.
(5) In proceedings against a person for an offence under subsection (1) or (2),
he is not to be treated as doing an act on a commercial basis by reason of
any payment received by another in respect of the act if it is proved
that —
(a) in a case where the payment was received before he did the act, he
did not do the act knowing or having reasonable cause to suspect
that any payment had been received in respect of the act; and
(b) in any other case, he did not do the act with a view to any
payment being received in respect of it.
92 Bodies negotiating surrogacy arrangements etc

[P1985/49/2(5)-(9)]
(1) Where —
(a) a person acting on behalf of a body of persons takes part in
negotiating or facilitating the making of a surrogacy arrangement
in the Island, and
(b) negotiating or facilitating the making of surrogacy arrangements
is an activity of the body, and
(c) the body at any time receives any payment made by or on behalf
of —
(i) a woman who carries a child in pursuance of the surrogacy
arrangement referred to in paragraph (a),
(ii) the person or persons for whom she carries it, or
(iii) any person connected with the woman or with that person
or those persons,
Section 93 Children and Young Persons Act 2001


Page 82 AT 20 of 2001 c

the body is guilty of an offence and liable on summary conviction to a
fine not exceeding £5,000.
For the purposes of this subsection a payment received by a person
connected with a body is to be treated as received by the body.
(2) In proceedings against a body for an offence under subsection (1) it is a
defence to prove that the payment concerned was not made in respect of
the arrangement referred to in subsection (1)(a).
(3) Where —
(a) negotiating or facilitating the making of surrogacy arrangements
is an activity of a body of persons, and
(b) either —
(i) the making of the arrangements is negotiated or facilitated
on a commercial basis, or
(ii) payments are received (or treated for the purposes of
subsection (1) as received) by the body in contravention of
subsection (1) in the case of the arrangements,
any person who takes part in the management or control of the body in
question, or of that activity, is guilty of an offence and liable on summary
conviction to custody for a term not exceeding 6 months or to a fine not
exceeding £5,000, or to both.
(4) In proceedings against a person for an offence under subsection (3) it is a
defence to prove that he neither knew nor had reasonable cause to
suspect that the activity referred to in subsection (3) was an activity of
the body concerned; and for the purposes of such proceedings any
arrangement falling within subsection (3)(b) shall be disregarded if it is
proved that the payment concerned was not made in respect of the
arrangement.
(5) In any proceedings for an offence under this section, proof of things done
or of words written, spoken or published (whether or not in the presence
of any party to the proceedings) —
(a) by any person taking part in the management or control of a body
of persons or of any of the activities of the body, or
(b) by any person doing any of the acts mentioned in section 91(1)(a),
(b) or (c),
shall be admissible as evidence of the activities of the body.
93 Advertisements about surrogacy

[P1985/49/3]
(1) This section applies to any advertisement containing an indication
(however expressed) —
Children and Young Persons Act 2001 Section 94


c AT 20 of 2001 Page 83

(a) that any person is or may be willing to enter into a surrogacy
arrangement or to negotiate or facilitate the making of a surrogacy
arrangement, or
(b) that any person is looking for a woman willing to become a
surrogate mother or for persons wanting a woman to carry a child
as a surrogate mother.
(2) Where a newspaper or periodical containing an advertisement to which
this section applies is published in the Island, any proprietor, editor or
publisher of the newspaper or periodical is guilty of an offence.
(3) Where any advertisement to which this section applies is conveyed by
means of a telecommunication system so as to be seen or heard in the
Island, any person who in the Island causes it to be so conveyed knowing
it to contain such an indication is guilty of an offence.
(4) A person who publishes or causes to be published in the Island an
advertisement to which this section applies (not being an advertisement
contained in a newspaper or periodical or conveyed by means of a
telecommunication system) is guilty of an offence.
(5) A person who distributes or causes to be distributed in the Island an
advertisement to which this section applies (not being an advertisement
contained in a newspaper or periodical published outside the Island or
an advertisement conveyed by means of a telecommunication system)
knowing it to contain such an indication as is mentioned in subsection (1)
is guilty of an offence.
(6) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding £5,000.
(7) In this section “telecommunication system” has the same meaning as in
the Telecommunications Act 1984.
Supplemental
94 Offences under Part 9

[P1985/49/4]
(1) Proceedings for an offence under this Part shall not be instituted except
by or with the consent of the Attorney General.
(2) Where an offence under this Part committed by a body corporate is
proved to have been committed with the consent or connivance of, or to
have been attributable to any neglect on the part of, any director,
manager, secretary or other similar officer of the body corporate or a
person who was purporting to act in any such capacity, he as well as the
body corporate is guilty of that offence and liable to be proceeded against
and punished accordingly.
Section 95 Children and Young Persons Act 2001


Page 84 AT 20 of 2001 c

(3) Where the affairs of a body corporate are managed by its members,
subsection (2) applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of
the body corporate.
(4) In relation to an offence under this Part, section 75(1) of the Summary
Jurisdiction Act 1989 (time-limit for summary proceedings) applies with
the substitution for “6 months” of “2 years”.
95 Interpretation of Part 9

[P1985/49/1; P1989/41/13/56; P1990/37/1-2, 36; P1994/33/156]
(1) In this Part —
“body of persons
” means a body of persons corporate or unincorporate;
“embryo
” means a live human embryo where fertilisation is complete, and
includes an egg in the process of fertilisation;
“female germ cells
” means cells of the female germ line and includes such cells
at any stage of maturity and accordingly includes eggs;
“fertility services
” means medical, surgical or obstetric services provided for
the purpose of assisting women to carry children;
“payment
” means payment in money or money’s worth;
“surrogacy arrangement
” shall be construed in accordance with subsection (3);
“surrogate mother
” means a woman who carries a child in pursuance of an
arrangement —
(a) made before she began to carry the child, and
(b) made with a view to any child carried in pursuance of it being
handed over to, and parental responsibility being met (so far as
practicable) by, another person or other persons;
references to gametes and eggs do not include eggs in process of
fertilisation.
(2) For the purposes of this Part —
(a) fertilisation is not complete until the appearance of a two-cell
zygote;
(b) a woman is not to be treated as carrying a child until the embryo
has become implanted.
(3) For the purposes of this Part —
(a) if a woman were to carry a child in pursuance of an arrangement
and thereby became a surrogate mother, the arrangement is a
surrogacy arrangement;
(b) in determining whether an arrangement is made with such a view
as is mentioned in paragraph (b) of the definition of “surrogate
mother” above, regard may be had to the circumstances as a
Children and Young Persons Act 2001 Section 96


c AT 20 of 2001 Page 85

whole (and, in particular, where there is a promise or
understanding that any payment will or may be made to the
woman or for her benefit in respect of the carrying of the child in
pursuance of the arrangement, to that promise or undertaking);
(c) an arrangement may be regarded as made with such a view
although it is subject to conditions regarding the handing over of
the child;
(d) a woman who carries a child is to be treated for the purposes of
the definition of “surrogate mother” above as beginning to carry it
at the time of the insemination or of the placing in her of an
embryo, of an egg in the process of fertilisation or of sperm and
eggs, as the case may be, that results in her carrying the child.
(4) Subject to section 91(5), for the purposes of this Part a person does an act
on a commercial basis if —
(a) any payment is at any time received by himself or another in
respect of it, or
(b) he does it with a view to any payment being received by himself
or another in respect of making, or negotiating or facilitating the
making of, any surrogacy arrangement.
In this subsection “payment” does not include payment to or for the
benefit of a surrogate mother or prospective surrogate mother.
(5) Sections 91 to 93 apply to arrangements whether or not they are lawful.
PART 10 – MISCELLANEOUS AND SUPPLEMENTAL

96 Representation of child in family proceedings

(1) If it appears to the Attorney General that a child concerned in any family
proceedings is not, but should be, represented in those proceedings, he
may instruct an advocate to represent the child in the proceedings.
(2) Where an advocate is instructed under subsection (1) —
(a) the child, if not a party, shall be treated as a party to the
proceedings; and
(b) the advocate shall represent the child in the proceedings and,
subject to any directions of the Attorney General, shall take such
steps in connection with the proceedings as appear to him to be
necessary in the interests of the child.
(3) Nothing in this section affects any powers exercisable by the Attorney
General apart from this section.
Section 97 Children and Young Persons Act 2001


Page 86 AT 20 of 2001 c

97 Appeals to High Court

(1) Any person who would be entitled to apply for the variation or
revocation of an order made under Part 4 or 5 by a court of summary
jurisdiction (otherwise than in domestic proceedings) may appeal to the
High Court against —
(a) the making of any such order by a court of summary jurisdiction;
(b) the refusal by the court to make such an order; or
(c) the revocation or variation by the court of such an order.
(2) Section 105 (procedure) of the Summary Jurisdiction Act 1989 applies to
appeals under subsection (1) with the substitution for “28 days” of
“14 days”.
(3) On an appeal under subsection (1) the High Court may make such orders
as may be necessary to give effect to its determination of the appeal,
including such incidental or consequential orders as appear to the Court
to be just.
(4) No appeal, except under section 109 (appeal by way of case stated) of
that Act, lies against a decision of the High Bailiff under section 56 or 68.
(5) In this section “domestic proceedings” has the same meaning as in the
Summary Jurisdiction Act 1989.
98 [Repealed]
74

99 [Repealed]
75

100 and 101 [Repealed]
76

102 Interpretation - general

(1) In this Act —
“care Act
” has the meaning given under section 26(1)(c);77

“care order
” means an order under section 31(1)(a);
“child
”, except in Part 8, means a person under 18 years of age;
“child of the family
”, in relation to parties to a marriage, or to two people who
are civil partners of each other, means —
(a) a child of both of them, and
(b) any other child, other than a child placed with them as foster
parents by the Department, who has been treated by both of them
as a child of their family;78

“children’s home
” [Repealed]79
;
“contact order
” means an order under section 11(1)(b);
Children and Young Persons Act 2001 Section 102


c AT 20 of 2001 Page 87

“day care
” means any form of care or supervised activity provided for children
during the day (whether or not it is provided on a regular basis);
“the Department
” means the Department of Health and Social Care;80

“emergency protection order
” has the meaning given under section 42(1);81

“development
”, “disabled
”, “harm
”, “health
” and “ill-treatment
” have the
meanings given by section 23;
“family proceedings
” means —
(a) any proceedings under any inherent jurisdiction of the High
Court in relation to wardship, maintenance or the upbringing of
children;
(b) any proceedings under any of the following enactments —
(i) Part 1, Part 2, Part 4 or Part 5;
(ii) the Adoption Act 1984;
(iii) Part 1, 2, 3, 4 or 5 of the Matrimonial Proceedings Act 2003;
(iv) Schedule 5 or 6 to the Civil Partnership Act 2011;82
83

“health service hospital
” means a hospital provided by the Department under
Part 3 of the National Health Service Act 2001;
“home
” includes any institution, other than —
(a) a school,
(b) a health service hospital,
(c) a residential care home, nursing home or mental nursing home, or
(d) an institution within the meaning of the Custody Act 1995;
“lump sum order
” means an order under Schedule 1 for the payment of a lump
sum;
“marital child
” has the meaning given by section 5;
“mental nursing home
” and “nursing home
” [Repealed]84
;
“official foster parent
” means a person with whom a child has been placed by a
service mentioned in section 24A or under section 26(1)(a), other than —
(a) a parent of his,
(b) an individual who is not a parent of his but who has parental
responsibility for him, or
(c) where the child is in the care of the Department and there was a
residence order in force with respect to him immediately before
the care order was made, the person with whom he was to live
under the residence order;85

“parental responsibility
” has the meaning given by section 2;
Section 103 Children and Young Persons Act 2001


Page 88 AT 20 of 2001 c

“periodical payments order
” means an order under Schedule 1 for the making
or securing of periodical payments;
“police protection
” shall be construed in accordance with section 45(1);
“prescribed
” (without more) means prescribed by regulations;
“registered children’s home
” means a children’s home registered under Part 6;
“regulations
” means regulations made by the Department;
“relative
”, in relation to a child, means a grandparent, brother, sister, uncle or
aunt of his (whether of the whole blood or the half blood or by marriage
or civil partnership) or a step-parent of his;86

“residence order
” means an order under section 11(1)(a);
“residential care home
” [Repealed]87
;
“school
” has the same meaning as in the Isle of Man Education Act 1949;
“secure accommodation
” means accommodation provided for the purpose of
restricting liberty;
“special guardian
” and “special guardianship order
” have the meanings
respectively assigned by section 17A(1);88

“the usual fostering limit
” means the limit imposed by section 61(2);
references to a child being in need shall be construed in accordance with
section 23;
references to a child in the care of the Department are to a child with respect to
whom a care order is in force;
references to a child being looked after by the Department shall be construed in
accordance with section 24(1).
(2) Any register to be kept by the Department under this Act may be kept on
a computer; and where such a register is so kept, any obligation to make
it available for inspection is fulfilled by making the entries on it available
in visible and legible form.
103 Reciprocal effect of orders

(1) The Council of Ministers may by order provide that prescribed orders
which —
(a) are made by a court in any part of the United Kingdom or any of
the Channel Islands; and
(b) appear to the Council of Ministers to correspond in their effect to
orders which may be made under any provision of this Act,
shall have effect in prescribed circumstances, for prescribed purposes of
this Act, as if they were orders of a prescribed kind made under this Act.
Children and Young Persons Act 2001 Section 104


c AT 20 of 2001 Page 89

(2) An order under this section may modify any provision of this Act in its
application by virtue of that order in relation to an order made by a court
outside the Island.
(3) In this section “prescribed” means prescribed by an order under this
section.
104 Subordinate legislation

(1) The Department may by regulations prescribe anything which by virtue
of any provision of this Act may be prescribed.
(2) Orders and regulations made by the Council of Ministers or any
Department under this Act (except an order under section 106(3)) shall
not have effect unless they are approved by Tynwald.
105 Transitional provisions, amendments and repeals

(1) The transitional provisions in Schedule 11 shall have effect.
(2) The enactments specified in Schedule 12 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 13 are repealed to the extent
specified in column 3 of that Schedule.
106 Short title and commencement

(1) This Act may be cited as the Children and Young Persons Act 2001.
(2) The following provisions shall come into operation on the expiration of a
period of 2 months beginning with the passing of this Act —
sections 84 and 90 to 95 (fertilisation, surrogacy etc.); and
sections 102 and 104 and this section.
(3) The remaining provisions of this Act shall come into operation on such
day or days as the Department may by order appoint.89

(4) An order under subsection (3) may include such transitional and
consequential provisions as appear to the Department necessary or
expedient for the purpose of the partial operation of this Act.
Children and Young Persons Act 2001 Schedule 1



c AT 20 of 2001 Page 91

SCHEDULE 1

FINANCIAL PROVISION FOR CHILDREN

Section 18
Orders against parents
1. (1) The orders which the court may make under this paragraph are
as follows —
(a) an order requiring either or both parents of a child to make to the
applicant for the benefit of the child, or to the child himself, such
periodical payments, for such term, as may be specified in the
order;
(b) an order requiring either or both parents of a child to secure to the
applicant for the benefit of the child, or to the child himself, such
periodical payments, for such term, as may be so specified;
(c) an order requiring either or both parents of a child to pay to the
applicant for the benefit of the child, or to the child himself, such
lump sum as may be so specified;
(d) an order requiring a settlement to be made for the benefit of the
child, and to the satisfaction of the court, of property to which
either parent is entitled (either in possession or reversion) and
which is specified in the order;
(e) an order requiring either or both parents of a child to transfer to
the applicant for the benefit of the child, or to the child himself,
property to which the parent is, or the parents are, entitled (either
in possession or reversion) and which is specified in the order.
(2) The court may make an order under this paragraph on an
application made by —
(a) a parent or guardian of a child, or
(b) any person in whose favour a residence order is in force with
respect to a child.
(3) The court may make an order under this paragraph on taking, varying or
revoking a residence order in any family proceedings; and in such a case “the
applicant” in sub-paragraph 1 means the person in whose favour the residence order is
made or varied.
(4) Where one parent of a child lives in the Island and the child lives outside
the Island with another parent or a guardian of his, or with a person in whose favour a
residence order is in force with respect to him, the court may, on any application by
that other parent, guardian or person, make an order under this paragraph (except an
order under sub-paragraph (1)(c) to (e)) against the parent living in the Island.
Schedule 1
Children and Young Persons Act 2001


Page 92 AT 20 of 2001 c

(5) The powers conferred by this paragraph may be exercised at any time.
(6) Where a court makes an order under this paragraph, it may at any time
make a further such order under sub-paragraph (1)(a), (b) or (c) with respect to the
child concerned if he has not reached the age of 18, but it may not make more than one
order under sub-paragraph (1)(d) or (e) against the same person in respect of the same
child.
Orders for financial relief for persons over 18
2. (1) The orders which the court may make under this paragraph are as
follows —
(a) an order requiring the applicant’s father or mother or both to
make to the applicant such periodical payments, for such term, as
may be specified in the order;
(b) an order requiring the applicant’s father or mother or both to pay
to the applicant such lump sum as may be so specified.
(2) The court may make an order under this paragraph if, on an application
by a person who has reached the age of 18, it appears to the court —
(a) that the applicant is, will be or (if an order were made under this
paragraph) would be receiving instruction at any educational
establishment or undergoing instruction for a trade, profession or
vocation, whether or not while in gainful employment; or
(b) that there are special circumstances which justify the making of
such an order.
(3) An application may not be made under this paragraph by any person if,
immediately before he attained the age of 16 a periodical payments order, or an order
for making or securing periodical payments under any other enactment, was in force
with respect to him.
(4) No order may be made under this paragraph at a time when the
applicant’s father and mother are living together.
(5) The powers conferred by this paragraph may be exercised at any time.
(6) Where a court makes an order under this paragraph, it may at any time
make a further such order.
Matters to which court is to have regard
3. (1) In deciding whether to exercise its powers under paragraph 1 or 2, and if
so in what manner, the court shall have regard to all the circumstances including —
(a) the income, earning capacity, property and other financial
resources which —
(i) in relation to paragraph 1, any parent of the child,
(ii) in relation to paragraph 2, the child’s mother and father,
Children and Young Persons Act 2001 Schedule 1



c AT 20 of 2001 Page 93

(iii) the applicant for the order, and
(iv) any other person in whose favour the court proposes to
make the order,
has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each of
those persons has or is likely to have in the foreseeable future;
(c) the financial needs of the child;
(d) the income, earning capacity (if any), property and other financial
resources of the child;
(e) any physical or mental disability of the child;
(f) the manner in which the child was being, or was expected to be,
educated or trained.
(2) In deciding whether to exercise its powers under paragraph 1 against a
person who is not the mother or father of the child, and if so in what manner, the court
shall in addition have regard to —
(a) whether that person had assumed responsibility for the
maintenance of the child and, if so, the extent to which and basis
on which he assumed that responsibility and the length of the
period during which he met that responsibility;
(b) whether he did so knowing that the child was not his child;
(c) the liability of any other person to maintain the child.
(3) Where the court makes an order under paragraph 1 against a man who is
not the father of the child, it shall record in the order that it is made on the basis that
the man is not the child’s father.
Duration of orders
4. (1) The term to be specified in a periodical payments order under
paragraph 1(1)(a) or (b) may begin with the date of the making of an application for the
order in question or any later date.
(2) The said term shall not in the first instance extend beyond the child’s
17th birthday unless the court thinks it right in the circumstances of the case to specify
a later date.
(3) The said term shall not in any event extend beyond the child’s 18th
birthday unless it appears to the court —
(a) that the child is, will be or (if an order were made under this
paragraph) would be receiving instruction at any educational
establishment or undergoing instruction for a trade, profession or
vocation, whether or not while in gainful employment; or
(b) that there are special circumstances which justify the making of an
order for a term extending beyond that date.
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(4) A periodical payments order under paragraph 1(1)(a) or 2(1)(a) shall,
notwithstanding anything in the order, cease to have effect on the death of the person
liable to make payments under the order.
(5) Where a periodical payments order under paragraph 1(1)(a) or (b)
requires payments to be made or secured to a parent of a child, the order shall cease to
have effect if the parents of the child live together for a continuous period of more than
6 months.
Lump sums
5. (1) Without prejudice to the generality of paragraph 1, a lump sum order
under paragraph 1(1)(c) may be made for the purpose of enabling any liabilities or
expenses to be met which were reasonably incurred before the making of the order in
connection with the birth of the child or in maintaining him.
(2) The power of the court under paragraph 1 or 2 to vary or revoke a
periodical payments order for the making or securing of payments by a parent
includes power under that paragraph to make an order for the payment of a lump sum
by that parent.
(3) A lump sum order may provide for the payment of the lump sum by
instalments, and the court may, on an application made by the person by or to whom
the sum is required to be paid, vary that order by varying —
(a) the number of instalments payable;
(b) the amount of any instalment payable;
(c) the date on which any instalment becomes payable.
Variation etc. of periodical payments orders
6. (1) A periodical payments order may be varied or revoked by a subsequent
order made on the application of —
(a) any person by or to whom the payments were required to be
made under the previous order;
(b) if he has attained the age of 16, the child himself;
(c) if either parent has died, a guardian of the child; or
(d) in the case of a secured periodical payments order, if the parent
liable to make payments under the order has died, the personal
representatives of the deceased parent.
(2) In exercising its power to vary or revoke a periodical payments order,
the court shall have regard to all the circumstances of the case, including any change in
any of the matters to which the court was required to have regard when making the
order.
(3) The power of the court to vary a periodical payments order includes
power to suspend any provision of the order temporarily and to revive any provision
so suspended.
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(4) Where, on an application under paragraph 1 or 2 for the variation or
revocation of a periodical payments order, the court varies the payments required to be
made under that order, the court may provide that the payments as so varied shall be
made from such date as the court may specify, not being earlier than the making of the
application.
(5) Where a periodical payments order under paragraph 1 ceases to have
effect on the date on which the child attains the age of 16 or at any time after that date
but before or on the date on which he attains the age of 18, the child may apply to the
court for an order for its revival.
(6) If on such an application it appears to the court —
(a) that the child is, will be or (if an order were made under this
paragraph) would be receiving instruction at any educational
establishment or undergoing instruction for a trade, profession or
vocation, whether or not while in gainful employment; or
(b) that there are special circumstances which justify the making of an
order under this sub-paragraph,
the court may by order revive the order from such date as the court may specify, not
being earlier than the date of the application.
(7) An order which is revived by an order under sub-paragraph (6) may be
varied or revoked under that sub-paragraph, on the application of any person by or to
whom payments are required to be made under the revived order.
(8) Where an application to vary a secured periodical payments order is
made after the death of the parent liable to make payments under the order, the
circumstances which the court is required to have regard under sub-paragraph (2)
include the changed circumstances resulting from the death of the parent.
(9) The power of a court of summary jurisdiction under section 55 of the
Summary Jurisdiction Act 1989 to revoke or amend an order for the periodical payment
of money does not apply in relation to an order under this Schedule.
Variation etc. of previous orders
7. Where a residence order is made with respect to a child at a time when there is
in force an order made under an enactment other than this Act and requiring a person
to contribute to the child’s maintenance, the court may on the application of —
(a) any person required by the previous order to contribute to the
child’s maintenance; or
(b) any person in whose favour a residence order with respect to the
child is in force,
make an order revoking the previous order, or varying it by altering the amount of any
sum payable under that order or by substituting the applicant for the person to whom
any such sum is otherwise payable under that order.
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Interim orders
8. (1) Where the court has power under paragraph 1 or 2 to make any order, it
may, at any time before it disposes of the matter, make an interim order —
(a) requiring either or both parents to make such periodical
payments, at such times for such term as the court thinks fit; and
(b) giving any direction which the court thinks fit.
(2) An interim order under this paragraph may provide for payments to be
made from such date as the court may specify, not being earlier than the date of the
making of the application under paragraph 1 or 2 or, where no such application is
made, the commencement of the family proceedings in question.
(3) An interim order under this paragraph shall cease to have effect when
the matter is disposed of or, if earlier, on the expiry of the term specified under sub-
paragraph (1)(a).
(4) An interim order may be varied by extending the term specified under
sub-paragraph (1)(a).
Alteration of maintenance agreements
9. (1) Where a maintenance agreement is for the time being subsisting and
each of the parties to it is for the time being domiciled or resident in the Island, then,
subject to sub-paragraph (3), either party may apply to the court for an order under
this paragraph.
(2) If the court is satisfied either —
(a) that, by reason of a change in the circumstances in the light of
which any financial arrangements contained in the agreement
were made (including a change foreseen by the parties when
making the agreement), the agreement should be altered so as to
make different financial arrangements; or
(b) that the agreement does not contain proper financial
arrangements with respect to the child,
then subject to sub-paragraphs (3) and (4), the court may by order make such
alterations in the agreement by varying or revoking any financial arrangements
contained in it as may appear to the court to be just having regard to all the
circumstances.
(3) If the agreement is altered under this paragraph, it shall have effect
thereafter as if any alteration made by the order had been made by agreement between
the parties and for valuable consideration.
(4) Where the court decides to alter an agreement by an order under this
paragraph —
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c AT 20 of 2001 Page 97

(a) by inserting provision for the making or securing by one of the
parties to the agreement of periodical payments for the
maintenance of the child, or
(b) by increasing the rate of periodical payments required to be made
or secured by one of the parties for the maintenance of the child,
then, in deciding the term for which under the agreement as altered by the order the
payments, or the additional payments attributable to the increase, are to be made or
secured for the benefit of the child, the court shall apply the provisions of
paragraph 4(1), (2) and (3) as if the order were an order under paragraph 1.
(4) Nothing in this paragraph affects any power of a court before which any
proceedings between the parties to a maintenance agreement are brought under any
other enactment to make an order containing financial arrangements, or any right of
either party to apply for such an order in such proceedings.
10. (1) Where a maintenance agreement provides for the continuation, after the
death of one of the parties, of payments for the maintenance of the child and that party
dies domiciled in the Island, the surviving party or the personal representatives of the
deceased party may, subject to paragraph 11, apply to the court for an order under
paragraph 9.
(2) If a maintenance agreement is altered by the court on an application
under this paragraph, the like consequences shall ensue as if the alteration had been
made, immediately before the death, by agreement between the parties and for
valuable consideration.
Variation etc. affecting deceased’s estate
11. (1) An application for —
(a) the variation or revocation of a secured periodical payments order
after the death of the parent liable to make payments under that
order, or
(b) for the alteration of a maintenance agreement by virtue of
paragraph 10,
shall not, except with the permission of the court, be made after the end of a period of 6
months from the date on which representation in regard to the estate of the deceased
parent is first taken out.
(2) The personal representatives of the deceased parent shall not be liable for
having distributed any part of the estate of the deceased after the expiration of the
period of 6 months referred to in sub-paragraph (1) on the ground that they ought to
have taken into account the possibility that the court might permit such an application
to be made after that period.
(3) Sub-paragraph (2) does not prejudice any power to recover any part of
the estate so distributed arising by virtue of the making of an order on an application
referred to in sub-paragraph (1).
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(4) In considering for the purposes of sub-paragraph (1) the question when
representation was first taken out, a grant limited to trust property shall be left out of
account, and a grant limited to real estate shall be left out of account unless a grant
limited to the remainder of the estate has previously been made or is made at the same
time.
Enforcement
12. (1) Where the High Court makes a periodical payments order, it shall order
that the payments shall be made to the Chief Registrar unless, upon representations
expressly made in that behalf by the person to whom payments under the order fall to
be made, it is satisfied that it is undesirable to do so.
(2) Section 58 and Part VIII of the Summary Jurisdiction Act 1989, so far as
they relate to the enforcement of an order for, or the recovery of, periodical payments,
apply to payments to be made to the Chief Registrar by virtue of an order under
subsection (1) as they apply to payments to be so made by virtue of an order under
section 54(1) of that Act.90

(3) Any person for the time being under an obligation to make payments in
pursuance of a periodical payments order shall give notice of any change of address to
such person (if any) as may be specified in the order; and any person who without
reasonable excuse fails to give such a notice shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £200.
Interpretation
13. In this Schedule —
“financial arrangements
”, in relation to a child, means provision in respect of
the making or securing of payments, or the disposition or use of any
property, for the maintenance or education of the child;
“maintenance agreement
”, in relation to a child, means any agreement in
writing made at any time between the parents of a child and containing
financial arrangements relating to him;
“child
” includes, in any case where an application is made under paragraph 2
or 6 in relation to a person who has reached the age of 18, that person;
“parent
” includes —
(a) any party to a marriage (whether or not subsisting) in relation to whom the
child concerned is a child of the family, and
(b) any civil partner in a civil partnership (whether or not subsisting) in relation
to whom the child concerned is a child of the family;
and for this purpose any reference to either parent or both parents shall be read
as a reference to any parent and to all parents of his or hers.91

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SCHEDULE 2

CHILDREN LOOKED AFTER BY DEPARTMENT

Section 24(5)
Promotion and maintenance of contact between child and family
1. (1) Where a child is being looked after by the Department, the Department
shall, unless it is not reasonably practicable or consistent with his welfare, endeavour
to promote contact between the child and —
(a) his parents;
(b) any individual who is not a parent of his but who has parental
responsibility for him; and
(c) any relative, friend or other person connected with him.
(2) Where a child is being looked after by the Department —
(a) the Department shall take such steps as are reasonably practicable
to secure that —
(i) his parents; and
(ii) any individual who is not a parent of his but who has
parental responsibility for him,
are kept informed of where he is being accommodated; and
(b) every such person shall secure that the Department is kept
informed of his or her address.
(3) Nothing in this paragraph requires the Department to inform any person
of the whereabouts of a child if —
(a) the child is in the care of the Department; and
(b) the Department has reasonable cause to believe that informing the
person would prejudice the child’s welfare.
(4) Any person who fails without reasonable excuse to comply with sub-
paragraph (2)(b) is guilty of an offence and liable on summary conviction to a fine not
exceeding £500.
(5) It is a defence in any proceedings under sub-paragraph (4) to prove that
the defendant —
(a) was residing at the same address as another person who was the
child’s parent or had parental responsibility for the child, and
(b) had reasonable cause to believe that the other person had
informed the Department that both of them were residing at that
address.
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Page 100 AT 20 of 2001 c

Visits to or by children: expenses
2. (1) Subject to sub-paragraph (2), the Department may —
(a) make payments to —
(i) a parent of the child;
(ii) any person who is not a parent of his but who has parental
responsibility for him; or
(iii) any relative, friend or other person connected with him,
in respect of travelling, subsistence or other expenses incurred by
that person in visiting the child; or
(b) make payments to the child, or to any person on his behalf, in
respect of travelling, subsistence or other expenses incurred by or
on behalf of the child in his visiting —
(i) a parent of his;
(ii) any person who is not a parent of his but who has parental
responsibility for him; or
(iii) any relative, friend or other person connected with him.
(2) Payments may not be made under this paragraph unless —
(a) the child is being looked after by the Department;
(b) it appears to the Department that the visit in question could not
otherwise be made without undue financial hardship; and
(c) the circumstances warrant the making of the payments.
Appointment of visitor for child who is not being visited
3. (1) Where it appears to the Department in relation to any child whom it is
looking after that —
(a) communication between the child and —
(i) a parent of his, or
(ii) any individual who is not a parent of his but who has
parental responsibility for him,
has been infrequent; or
(b) he has not visited or been visited by (or lived with) any such
person during the preceding 12 months,
and that it would be in the child’s best interests for an independent person to be
appointed to be his visitor for the purposes of this paragraph, it shall appoint such a
visitor.
(2) A person so appointed —
(a) shall visit, advise and befriend the child; and
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c AT 20 of 2001 Page 101

(b) may recover from the Department any reasonable expenses
incurred by him for the purposes of his functions under this
paragraph.
(3) A person’s appointment as a visitor in pursuance of this paragraph may
be determined by —
(a) notice in writing by him to the Department resigning the
appointment; or
(b) notice in writing by the Department to him terminating it.
(4) The determination of such an appointment does not prejudice any duty
under this paragraph to make a further appointment.
(5) Where the Department proposes to appoint a visitor for a child under
this paragraph, the appointment shall not be made if —
(a) the child objects to it; and
(b) the Department is satisfied that he has sufficient understanding to
make an informed decision.
(6) Where a visitor has been appointed for a child under this paragraph, the
Department shall terminate the appointment if —
(a) the child objects to its continuing; and
(b) the Department is satisfied that he has sufficient understanding to
make an informed decision.
Power to guarantee apprenticeship deeds etc.
4. (1) While a child is being looked after by the Department, it may undertake
any obligation by way of guarantee under any deed of apprenticeship or articles of
clerkship which he enters into.
(2) Where the Department has undertaken any such obligation under any
deed or articles it may at any time (whether or not it is still looking after the person
concerned) undertake the like obligation under any supplemental deed or articles.
Review of cases etc.
5. (1) The Department shall make arrangements for periodically reviewing the
case of every child while he is being looked after by the Department.
(2) Without prejudice to the generality of sub-paragraph (1), in performing
its duty under that sub-paragraph the Department shall —
(a) seek and take into account, so far as it is reasonably practicable to
do so, the views of —
(i) the child himself,
(ii) his parents,
(iii) any other individual who has parental responsibility for
him, and
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Page 102 AT 20 of 2001 c

(iv) any other person whose views the Department consider to
be relevant;
(b) where the child is in the care of the Department, consider whether
to apply for the revocation of the relevant care order; and
(c) record any decisions taken in the course or as a result of any
review under this paragraph and, so far as practicable, notify the
persons referred to in (a) above of those decisions.
(3) The Department shall establish a procedure for considering any
representations (including any complaint) with respect to the treatment of a child who
is or has been looked after by it made to it by —
(a) any person mentioned in sub-paragraph (2)(a);
(b) any official foster parent; or
(c) any other person appearing to the Department to have a sufficient
interest in the welfare of the child to warrant his representations
being considered by it.
(4) The Department shall set out in writing, and make available to the
public, —
(a) its arrangements under sub-paragraph (1), and
(b) its procedure established under sub-paragraph (3).
Arrangements to assist children to live abroad
6. (1) The Department may with the approval of every person who has
parental responsibility for him arrange for, or assist in arranging for, any child looked
after by it (except a child in its care) to live outside the Island.
(2) The Department may with the approval of the court arrange for, or assist
in arranging for, any child in its care to live outside the Island.
(3) The court shall not give its approval under sub-paragraph (2) unless it is
satisfied that —
(a) living outside the Island would be in the child’s best interests;
(b) suitable arrangements have been, or will be, made for his
reception and welfare in the country in which he will live;
(c) the child has consented to living in that country; and
(d) every person who has parental responsibility for the child has
consented to his living in that country.
(4) Where the court is satisfied that the child does not have sufficient
understanding to give or withhold his consent, it may disregard sub-paragraph (3)(c)
and give its approval if the child is to live in the country concerned with a parent,
guardian, or other suitable person.
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c AT 20 of 2001 Page 103

(5) Where a person whose consent is required by sub-paragraph (3)(d) fails
to give his consent, the court may disregard that provision and give its approval if it is
satisfied that that person —
(a) cannot be found;
(b) is incapable of consenting; or
(c) is withholding his consent unreasonably.
(6) Section 44 of the Adoption Act 1984 (authority for taking or sending
certain children abroad for adoption) does not apply in the case of any child who is to
live outside the Island with the approval of the court given under this paragraph.
(7) Where the court decides to give its approval under this paragraph it may
order that its decision is not to have effect during the appeal period.
(8) In this paragraph —
“the appeal period” means —
(a) where an appeal is made against the decision, the period between
the making of the decision and the determination of the appeal;
and
(b) otherwise, the period during which an appeal may be made
against the decision;
“the court” means —
(a) where the relevant care order was made by a court other than a
juvenile court, that court or a juvenile court;
(b) in any other case, a juvenile court.
Death of children being looked after by Department
7. (1) If a child who is being looked after by the Department dies, the
Department —
(a) shall, so far as is reasonably practicable, notify the child’s parents
and every person who is not a parent of his but who has parental
responsibility for him;
(b) may, with the consent (so far as it is reasonably practicable to
obtain it) of every person who has parental responsibility for the
child, arrange for the child’s body to be buried or cremated; and
(c) may, if the conditions mentioned in sub-paragraph (2) are
satisfied, make payments to any person who has parental
responsibility for the child, or any relative, friend or other person
connected with the child, in respect of travelling, subsistence or
other expenses incurred by that person in attending the child’s
funeral.
(2) The conditions are that —
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Page 104 AT 20 of 2001 c

(a) it appears to the Department that the person concerned could not
otherwise attend the child’s funeral without undue financial
hardship; and
(b) that the circumstances warrant the making of the payments.
(3) Sub-paragraph (1) does not authorise cremation where it does not accord
with the practice of the child’s religious persuasion.
(4) Where the Department has exercised its power under sub-
paragraph (1)(b) with respect to a child who was under 16 when he died, it may
recover from any parent of the child any expenses incurred by it.
(5) Nothing in this paragraph affects any enactment regulating or
authorising the burial, cremation or anatomical examination of the body of a deceased
person.
Persons formerly looked after by the Department
8. (1) This paragraph applies to a person within the Island who is under the
age of 21 and who was, at any time after reaching the age of 16 but while still a child —
(a) looked after by the Department;
(b) accommodated in a children’s home,
(c) accommodated in a residential care home, nursing home or
mental nursing home for a consecutive period of at least 3 months
(whether or not that period began after he reached the age of 16) ;
or
(d) privately fostered,
but who is no longer so looked after, accommodated or fostered.
(2) If —
(a) the Department knows that there is in the Island a person to
whom this paragraph applies,
(b) it appears to the Department that he is in need of advice and
being befriended,
(c) where he was not being looked after by the Department, the
Department is satisfied that the person by whom he was being
looked after is not able to advise and befriend him, and
(d) he has asked the Department for help of a kind which it is able to
give under this paragraph,
the Department may advise and befriend him, and may also give him assistance in
kind or, in exceptional circumstances, in cash.
(3) Paragraph 4 applies in relation to a person to whom this paragraph
applies as it applies in relation to a child who is being looked after by the Department.
Children and Young Persons Act 2001 Schedule 3



c AT 20 of 2001 Page 105

SCHEDULE 3

CONTRIBUTIONS TOWARDS MAINTENANCE

Section 24(6)
Liability to contribute
1. (1) Where the Department is looking after a child (except where he is looked
after by the Department under —
(a) section 25(1)(c); or
(b) a care order, being an interim order),
and it considers that it is reasonable to do so, it shall take such steps as are practicable
to recover contributions towards the child’s maintenance from any person liable to
contribute (a “contributor”).
(2) The persons liable to contribute are —
(a) where the child is under 16, each of his parents;
(b) where he has reached the age of 16, the child himself.
(3) A parent is not liable to contribute during any period when he is in
receipt of income support, family income supplement or disability working allowance
under any statutory provision relating to social security.
(4) A person is not liable to contribute towards the maintenance of a child in
the care of the Department in respect of any period during which the child is allowed
by the Department under section 26(2) to live with a parent of his.
(5) A contributor is not obliged to make any contribution towards a child’s
maintenance except as agreed with the Department or determined in accordance with
this Schedule.
Agreed contributions
2. (1) Before recovering contributions towards a child’s maintenance the
Department must first serve a notice in writing (a “contribution notice”) on the
contributor specifying —
(a) the weekly sum which it considers that he should contribute; and
(b) arrangements for payment.
(2) Arrangements for payment shall, in particular, include —
(a) the date on which liability to contribute begins (which must not
be earlier than the date on which the notice is served on the
contributor);
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(b) the date on which liability under the notice will end, if the child
has not before that date ceased to be looked after by the
Department; and
(c) the date on which the first payment is to be made.
(3) The Department may specify in a contribution notice a weekly sum
which is a standard contribution determined by it for all children looked after by the
Department.
(4) The Department may not specify in a contribution notice a weekly sum
greater than that which it considers —
(a) it would normally be prepared to pay if it had placed a similar
child with official foster parents; and
(b) it is reasonably practicable for the contributor to pay (having
regard to his means).
(5) The Department may at any time withdraw a contribution notice
(without prejudice to its power to serve another).
(6) Where the Department and the contributor agree —
(a) the sum which the contributor is to contribute; and
(b) arrangements for payment,
(whether as specified in the contribution notice or otherwise) and the contributor
notifies the Department in writing that he so agrees, the Department may recover from
him any contribution which is overdue and unpaid.
(7) A contributor may, by serving a notice in writing on the Department,
withdraw his agreement in relation to any period of liability falling after the date of
service of the notice.
Contribution orders
3. (1) Where a contributor has been served with a contribution notice
and has —
(a) failed to reach any agreement with the Department as mentioned
in paragraph 2(6) within the period of one month beginning with
the day on which the contribution notice was served; or
(b) served a notice under paragraph 2(7) withdrawing his agreement,
the Department, unless it has withdrawn the notice, may apply to a court of summary
jurisdiction for an order under this paragraph.
(2) On such an application the court may make an order (a “contribution
order”) requiring the contributor to contribute a weekly sum towards the child’s
maintenance in accordance with arrangements for payment specified by the court.
(3) In making a contribution order the court —
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(a) shall not specify a weekly sum greater than that specified in the
contribution notice; and
(b) shall have regard to the contributor’s means.
(4) A contribution order shall not —
(a) take effect before the date specified in the contribution notice; or
(b) have effect while the contributor is not liable to contribute (by
virtue of paragraph 1); or
(c) remain in force after the child has ceased to be looked after by the
Department.
(5) Where —
(a) a contribution order is in force;
(b) the Department serves another contribution notice; and
(c) the contributor and the Department reach an agreement under
paragraph 2(6) in respect of that other contribution notice,
the order shall cease to have effect on the date on which it is agreed that the agreement
shall take effect.
(6) Where an agreement is reached under sub-paragraph (5) the Department
shall notify the Chief Registrar of the agreement and of the date on which it took effect.
(7) A contribution order may be varied or revoked by a court of summary
jurisdiction on the application of the contributor or the Department.
(8) In proceedings for the variation of a contribution order, the Department
shall specify —
(a) the weekly sum which, having regard to paragraph 2, it proposes
that the contributor should contribute under the order as varied;
and
(b) the proposed arrangements for payment.
(9) In varying a contribution order the court —
(a) shall not specify a weekly sum greater than that specified under
sub-paragraph (8)(a); and
(b) shall have regard to the contributor’s means.
(10) An appeal shall lie in accordance with rules of court from any order
made under this paragraph.
Arrears
4. (1) In any proceedings for the recovery of any sum due under a contribution
order, a certificate which —
(a) purports to be signed by an officer of the Department, and
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(b) states that any sum due to the Department under the order is
overdue and unpaid,
shall be evidence that the sum is overdue and unpaid.
(2) In any proceedings for the variation or revocation of a contribution
order, or for the recovery of any sum due under a contribution order, the court may
remit the whole or any part of the sum due under the order.
SCHEDULE 4

SUPERVISION ORDERS

Section 34(2)
Interpretation
1. (1) In this Schedule —
“the responsible person
”, in relation to a supervised person, means —
(a) any person who has parental responsibility for him; and
(b) any other person with whom he is living;
“the supervised person
” means the child with respect to whom a supervision
order is made;
“supervision order
” means a supervision order under section 31(1)(b);
“the supervisor
” means —
(a) where the supervision order places the supervised person under
the supervision of a probation officer, such probation officer as is
for the time being assigned to him in accordance with probation
rules;
(b) where the supervision order places the supervised person under
the supervision of the Department, such officer of the Department
as is for the time being assigned to him by the Department.
(2) The above definition of “supervisor” applies for the purpose of
section 34(1).
Requirement to comply with supervisor’s directions
2. (1) A supervision order may require the supervised person to comply with
any directions given from time to time by the supervisor and requiring him to do all or
any of the following —
(a) to live at a place or places specified in the directions for a period
or periods so specified;
(b) to present himself to a person or persons specified in the
directions at a place or places and on a day or days;
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(c) to participate in activities specified in the directions on a day or
days to be specified.
(2) It shall be for the supervisor to decide whether and to what extent he
exercises any power to give directions under sub-paragraph (1).
(3) This paragraph does not confer on a supervisor power to give directions
in respect of any medical or psychiatric examination or treatment.
Requirements imposed on responsible persons
3. (1) With the consent of any responsible person, a supervision order may
include a requirement —
(a) that he take all reasonable steps to ensure that the supervised
person complies with any direction given by the supervisor under
paragraph 2;
(b) that he take all reasonable steps to ensure that the supervised
person complies with any requirement included in the order
under paragraph 4 or 5;
(c) that he comply with any directions given by the supervisor
requiring him to attend at a place specified in the directions for
the purpose of taking part in activities so specified.
(2) A direction given under sub-paragraph (1)(c) may specify the time at
which the responsible person is to attend and whether or not the supervised person is
required to attend with him.
(3) A supervision order may require any person who is a responsible person
in relation to the supervised person to keep the supervisor informed of his address, if it
differs from the supervised person’s.
Medical and psychiatric examinations
4. (1) A supervision order may require the supervised person —
(a) to submit to a medical or psychiatric examination; or
(b) to submit to any such examination from time to time as directed
by the supervisor.
(2) Any such examination shall be required to be conducted —
(a) by, or under the direction of, such registered medical practitioner
as may be specified in the order;
(b) at a place specified in the order and at which the supervised
person is to attend as a non-resident patient; or
(c) at a health service hospital or (in the case of a psychiatric
examination) a hospital or mental nursing home at which the
supervised person is, or is to attend as, a resident patient.
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(3) A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be
included unless the court is satisfied, on the evidence of a registered medical
practitioner, that —
(a) the supervised person may be suffering from a physical or mental
condition that requires, or may be susceptible to, treatment; and
(b) a period as a resident patient is necessary if the examination is to
be carried out properly.
(4) No court shall include a requirement under this paragraph in a
supervision order unless it is satisfied that —
(a) where the child has sufficient understanding to make an informed
decision, he consents to its inclusion; and
(b) satisfactory arrangements have been, or can be, made for the
examination.
(5) This paragraph does not apply in the case of an interim order or an order
pending appeal.
Medical and psychiatric treatment
5. (1) Where a court proposes to make or vary a supervision order and is
satisfied, on the evidence of a registered medical practitioner, that the physical
condition of the supervised person is such as required and may be susceptible to
treatment, the court may include in the supervision order a requirement that the
supervised person shall, for a period specified in the order, submit to treatment of one
of the following descriptions so specified —
(a) treatment by or under the direction of a registered medical
practitioner specified in the order;
(b) treatment as a non-resident patient at a place specified in the
order;
(c) treatment as a resident patient in a health service hospital.
(2) Where a court proposes to make or vary a supervision order and is
satisfied, on the evidence of a medical practitioner approved for the purposes of
section 12 of the Mental Health Act 1998, that the mental condition of the supervised
person is such as requires and may be susceptible to treatment, the court may include
in the supervision order a requirement that the supervised person shall, for a period
specified in the order, submit to treatment of one of the following descriptions so
specified —
(a) treatment by or under the direction of a registered medical
practitioner specified in the order;
(b) treatment as a non-resident patient at a place specified in the
order;
(c) treatment as a resident patient in a hospital or mental nursing
home.
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(3) No court shall include a requirement under this paragraph in a
supervision order unless it is satisfied that —
(a) where the child has sufficient understanding to make an informed
decision, he consents to its inclusion; and
(b) satisfactory arrangements have been, or can be, made for the
treatment.
(4) If a medical practitioner by whom or under whose direction a supervised
person is being treated in pursuance of a requirement included in a supervision order
by virtue of this paragraph —
(a) is unwilling to treat or direct the treatment of the supervised
person, or
(b) is of opinion —
(i) that the treatment should be continued beyond the period
specified in that behalf in the order, or
(ii) that the supervised person needs different treatment, or
(iii) that he is not susceptible to treatment, or
(iv) that he does not require further treatment,
the practitioner shall make a report in writing to that effect to the supervisor.
(5) On receiving a report under sub-paragraph (4) the supervisor shall refer
it to a juvenile court, and on such a reference the court may make an order cancelling
or varying the requirement.
(6) This paragraph does not apply in the case of an interim order or an order
pending appeal.
Restriction on directions
6. (1) The total number of days in respect of which a supervised person or
responsible person may be required to comply with directions given under
paragraph 2 or 3 shall not exceed 90 or such lesser number, if any, as may be specified
in the order.
(2) For the purpose of calculating the total number of days in respect of
which such directions may be given the supervisor may disregard any day in respect of
which directions were previously given in pursuance of the order and on which the
directions were not complied with.
Information to be given to supervisor etc.
7. (1) A supervision order may require the supervised person —
(a) to keep the supervisor informed of any change in his address; and
(b) to allow the supervisor to visit him at the place where he is living.
(2) The responsible person in relation to a supervised person shall —
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(a) if asked by the supervisor, inform him of the supervised person’s
address (if it is known to him); and
(b) if he is living with the supervised person, allow the supervisor
reasonable contact with the supervised person.
Duration of supervision order
8. (1) Subject to any other enactment providing for its termination, a
supervision order (other than an interim order or an order pending appeal) shall,
unless previously revoked, cease to have effect —
(a) at the end of the period of one year beginning with the date on
which it is made, unless it is extended under sub-paragraph (2);
(b) when the supervised person attains the age of 18;
(c) on the making of a care order with respect to the supervised
person;
(d) on the happening of any event mentioned in section 48(1)(a) or (b)
of the Child Custody Act 1987 with respect to the supervised
person.
(2) On an application made by the supervisor a juvenile court may make an
order extending, or further extending, the duration of a supervision order for such
period as the court may specify.
(3) A supervision order may not be extended beyond —
(a) the end of the period of 3 years beginning with the date on which
it was made, or
(b) the date on which the supervised person attains the age of 18.
(4) This paragraph is without prejudice to section 5(6) of the Child Custody
Act 1987.
Variation and revocation of supervision order
9. (1) A supervision order may be revoked or varied by the court on the
application of —
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the supervisor.
(2) On the application of a person —
(a) who is not entitled to apply for the order to be revoked, but
(b) with whom the child is living,
a supervision order may be varied by the court in so far as it imposes a requirement
which affects that person.
(3) In this paragraph “the court” means —
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(a) where the supervision order was made by a court other than a
juvenile court, that court or a juvenile court; or
(b) in any other case, a juvenile court;
but where the supervision order was made by a court on the determination of an
appeal from another court, it shall be treated for the purpose of this sub-paragraph as
made by the latter court.
Effect on earlier orders
10. The making of a supervision order with respect to a child revokes any earlier
supervision order (including a supervision order under Schedule 9) made with respect
to him which would otherwise continue in force.
SCHEDULE 5

EXCLUSION REQUIREMENTS ETC.

Section 36(3), 43(3)
Exclusion requirement
1. (1) For the purposes of sections 36 and 43 and this Schedule an exclusion
requirement is any one or more of the following —
(a) a provision requiring the relevant person to leave a dwelling-
house in which he is living with the child,
(b) a provision prohibiting the relevant person from entering a
dwelling-house in which the child lives, and
(c) a provision excluding the relevant person from a defined area in
which a dwelling-house in which the child lives is situated.
(2) The court may provide that the exclusion requirement is to have effect
for a shorter period than the other provisions of the relevant order.
Power of arrest
2. (1) Where the court makes a relevant order containing an exclusion
requirement, the court may attach a power of arrest to the exclusion requirement.
(2) Where the court attaches a power of arrest to an exclusion requirement of
a relevant order, it may provide that the power of arrest is to have effect for a shorter
period than the exclusion requirement.
Extension of period of requirement or power of arrest
3. Any period specified for the purposes of paragraph 1(2) or 2(2) may be
extended by the court (on one or more occasions) on an application to vary or revoke
the interim care order.
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Execution of power of arrest
4. (1) Where a power of arrest is attached to an exclusion requirement of a
relevant order by virtue of paragraph 2, a constable may arrest without warrant any
person whom he has reasonable cause to believe to be in breach of the requirement.
(2) Where a power of arrest is attached to an exclusion requirement of a
relevant order by virtue of paragraph 2 and a person is arrested under sub-
paragraph (1) —
(a) he shall be brought before a justice of the peace within a period of
24 hours beginning at the time of his arrest, and
(b) the justice before whom he is brought may remand him.
Lapse of exclusion requirement
5. If, while a relevant order containing an exclusion requirement is in force, the
Department has removed the child from the dwelling-house from which the relevant
person is excluded to other accommodation for a continuous period of more than 24
hours, the relevant order shall cease to have effect in so far as it imposes the exclusion
requirement.
Undertaking in lieu of exclusion requirement
6. (1) In any case where the court has power to include an exclusion
requirement in a relevant order, the court may accept an undertaking from the relevant
person.
(2) No power of arrest may be attached to any undertaking given under this
paragraph.
(3) An undertaking given to a court under this paragraph —
(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the Department has
removed the child from the dwelling-house from which the
relevant person is excluded by virtue of the undertaking to other
accommodation for a continuous period of more than 24 hours.
(4) This section has effect without prejudice to the powers of the court apart
from this paragraph.
Hospital admission or guardianship
6A. (1) The High Court has the same power to make —
(a) a hospital order or guardianship order under section 54(1) of the
Criminal Jurisdiction Act 1993, or
(b) an interim hospital order under section 54(4) of that Act,
in the case of a person suffering from mental illness or severe
mental impairment who could otherwise be committed to custody
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for breach of an exclusion requirement as a Court of General Gaol
Delivery has under those provisions in the case of a person
convicted of an offence punishable with custody.
(2) A court of summary jurisdiction has the same power to make —
(a) a hospital order or guardianship order under paragraph 2 of
Schedule 2A to the Summary Jurisdiction Act 1989, or
(b) an interim hospital order under paragraph 3 of that Schedule,
in the case of a person suffering from mental illness or severe mental impairment who
could otherwise be committed to custody for breach of an exclusion requirement as it
has under those paragraphs in the case of a person convicted of an offence punishable
on summary conviction with custody.92

Interpretation
In this Schedule —
“relevant order
” means an interim care order or an emergency protection order;
“relevant person
” has the same meaning as in section 36 or 43, as the case may
be.
SCHEDULE 6
93

SCHEDULE 7
94

SCHEDULE 8

OFFENCES REFERRED TO IN SECTION 79

1. The murder or manslaughter of a child or young person.
2. Infanticide.
3. An offence under section 42 of the Criminal Code 1872 (abandonment or
exposure of child under 5).
4. An offence under any of the following provisions of the Children and Young
Persons Act 1966 —
(a) section 1 (cruelty, neglect etc. of children);
(b) section 3 (allowing person under 16 to be in brothel);
(c) section 4 (using person under 16 for begging);
(d) section 9 (exposing child under 12 to risk of burning);
(e) section 19 (allowing person under 16 to take part in dangerous
performance).
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5. Any other offence involving bodily injury to a child or young person.
6. An offence under section 2(1) of the Criminal Law Act 1981 (aiding, abetting,
counselling or procuring another’s suicide or attempted suicide).
7. An offence against a child or young person under any of the following
provisions of the Sexual Offences Act 1992 —
(a) section 2 (procurement by threats or lies);
(b) section 3 (administering drugs for sexual purposes);
(c) section 4 (unlawful sexual intercourse);
(d) section 5 (sexual act with subnormal person);
(e) section 7 (incest);
(f) section 9 (unnatural offences);
(g) section 11 (assault with intent to commit buggery);
(h) section 13 (indecent assault);
(i) section 15 (abduction by force);
(j) section 17 (causing prostitution);
(k) section 18 (procurement of person under 18);
(l) section 20 (detention in brothel);
(m) section 21 (permitting person under 16 to use premises for sex);
(n) section 23 (causing or encouraging prostitution of person under
16).
8. An attempt to commit an offence against a child or young person under any of
the following provisions of the Sexual Offences Act 1992 —
(a) section 2(a) (procurement by threats);
(b) section 4 (unlawful sexual intercourse);
(c) section 5 (sexual act with subnormal person);
(d) section 7 (incest);
(e) section 9(1) (buggery);
(f) section 17 (causing prostitution);
(g) section 18 (procurement of person under 18).
SCHEDULE 9

SUPERVISION ORDERS IN CRIMINAL PROCEEDINGS

Section 83(3)
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Interpretation
1. In this Schedule —
“supervision order
” means an order under section 83(1);
“supervised person
” and “supervisor
”, in relation to a supervision order, mean
respectively the person placed or to be placed under supervision by the
order and the person under whose supervision he is placed or to be
placed by the order.
Power to include certain requirements in order
2. (1) A supervision order may require the supervised person to reside with an
individual named in the order who agrees to the requirement, but such a requirement
shall be subject to any such requirement of the order as is authorised by the following
provisions of this paragraph or by paragraph 3 or 5 or paragraph 4 or 5 of Schedule 4
(as applied by paragraph 6).
(2) Subject to paragraph 4(5), a supervision order may require the
supervised person to comply with any directions given from time to time by the
supervisor and requiring him to do all or any of the following things —
(a) to live at a place or places specified in the directions for a period
or periods so specified;
(b) to present himself to a person or persons specified in the
directions at a place or places and on a day or days so specified;
(c) to participate in activities specified in the directions on a day or
days so specified;
but it shall be for the supervisor to decide whether and to what extent he exercises any
power to give directions conferred on him by virtue of this sub-paragraph and to
decide the form of any directions; and a requirement imposed by a supervision order
in pursuance of this sub-paragraph shall be subject to any such requirement of the
order as is authorised by paragraph 5(1) of Schedule 4 (as applied by paragraph 6).
(3) The total number of days in respect of which a supervised person may be
required to comply with directions given by virtue of sub-paragraph (2)(a), (b) or (c) in
pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as
the order may specify for the purposes of this sub-paragraph.
(4) For the purpose of calculating the total number of days in respect of
which such directions may be given the supervisor shall be entitled to disregard any
day in respect of which directions were previously given in pursuance of the order and
on which the directions were not complied with.
(5) This paragraph does not confer on a supervisor power to give directions
in respect of any medical or psychiatric examination or treatment.
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Power to include additional requirements in order
3. (1) This paragraph applies to any supervision order unless it requires the
supervised person to comply with directions given by the supervisor under
paragraph 2(2).
(2) Subject to the following provisions of this paragraph and to sub-
paragraph 4(6), a supervision order to which this paragraph applies may require the
supervised person —
(a) to do anything which by virtue of paragraph 2(2) a supervisor has
power, or would but for paragraph 4(5) have power, to direct a
supervised person to do;
(b) to remain for specified periods between 6 pm and 6 am —
(i) at a place specified in the order; or
(ii) at one of several places so specified;
(c) to refrain from participating in activities specified in the order —
(i) on a specified day or days during the period for which the
supervision order is in force; or
(ii) during the whole of that period or a specified portion of it.
(3) Any power to include a requirement in a supervision order which is
exercisable in relation to a person by virtue of this paragraph or the following
provisions of this Schedule may be exercised in relation to him whether or not any
other such power is exercised.
(4) The total number of days in respect of which a supervised person may be
subject to requirements imposed by virtue of sub-paragraph (2)(a) or (c) shall not
exceed 90.
(5) The court may not include requirements under sub-paragraph (2) in a
supervision order unless —
(a) it has first consulted the supervisor as to —
(i) the offender’s circumstances; and
(ii) the feasibility of securing compliance with the
requirements,
and is satisfied, having regard to the supervisor’s report, that it is
feasible to secure compliance with them;
(b) having regard to the circumstances of the case, it considers the
requirements necessary for securing the good conduct of the
supervised person or for preventing a repetition by him of the
same offence or the commission of other offences; and
(c) the supervised person or, if he is a child, his parent or guardian,
consents to their inclusion.
(6) The court shall not include in a supervision order by virtue of sub-
paragraph (2) —
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(a) any requirement that would involve the co-operation of a person
other than the supervisor and the supervised person unless that
other person consents to its inclusion; or
(b) any requirement requiring the supervised person to reside with a
specified individual; or
(c) any requirement in respect of any medical or psychiatric
examination or treatment.
(7) The place, or one of the places, specified in a requirement under sub-
paragraph (2)(b) (“a curfew”) shall be the place where the supervised person lives.
(8) A curfew shall not —
(a) require the supervised person to remain at a place for longer than
10 hours on any one night;
(b) be imposed in respect of any day after the expiration of 3 months
beginning with the date when the supervision order is made; or
(c) be imposed in respect of more than 30 days in all.
(9) A supervised person who is required by a curfew to remain at a place
may leave it if he is accompanied —
(a) by his parent or guardian;
(b) by his supervisor; or
(c) by some other person specified in the supervision order.
(10) A curfew imposed in respect of a period of time beginning in the evening
and ending in the morning shall be treated as imposed only in respect of the day upon
which the period begins.
Facilities for the carrying out of supervisor’s directions etc.
4. (1) The Department may provide facilities, or make arrangements with other
persons for the provision by those persons of facilities, for enabling —
(a) directions given by virtue of paragraph 2(2); and
(b) requirements that may be included in a supervision order by
virtue of paragraph 3(2)(a),
to be carried out effectively.
(2) The Department shall consult the Department of Home Affairs as to the
facilities to be provided under this paragraph.
(3) The Department shall from time to time make a scheme specifying the
facilities which are for the time being provided under this paragraph.
(4) The Department shall —
(a) lay a copy of every such scheme before Tynwald;
(b) send copies of the scheme to the Chief Registrar;
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(c) keep a copy of the scheme available at the principal office of the
Department for inspection by members of the public at all
reasonable hours; and
(d) on demand by any person furnish him with a copy of the scheme
free of charge.
(5) A supervision order shall not require compliance with directions given
by virtue of paragraph 2(2) unless the court making it is satisfied that a scheme under
this paragraph is in force; and no such directions may involve the use of facilities
which are not for the time being specified in a scheme under this paragraph.
(6) Subject to sub-paragraph (7), a supervision order may not include by
virtue of paragraph 3(2) —
(a) any requirement that would involve the supervised person in
absence from home —
(i) for more than 2 consecutive nights; or
(ii) for more than 2 nights in any one week; or
(b) if the supervised person is of compulsory school age, any
requirement to participate in activities during normal school
hours,
unless the court making the order is satisfied that the facilities whose use would be
involved are for the time being specified in a scheme under this paragraph.
(7) Sub-paragraph (6)(b) does not apply to activities carried out in
accordance with arrangements made or approved by the Department of Education and
Children.95

Requirement for young offender to live in certain accommodation
5. (1) Where the conditions mentioned in sub-paragraph (5) are fulfilled, a
supervision order may impose a requirement (“a residence requirement”) that a child
or young person shall live for a specified period in accommodation provided by the
Department.
(2) The court shall not impose a residence requirement without the consent
of the Department.
(3) A residence requirement may stipulate that the child or young person
shall not live with a named person.
(4) The maximum period which may be specified in a residence requirement
is 6 months.
(5) The conditions referred to in sub-paragraph (1) are that —
(a) a supervision order has previously been made in respect of the
child or young person;
(b) that order imposed —
(i) a requirement under paragraph 3(2), or
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(ii) a residence requirement;
(c) he is found guilty of an offence which —
(i) was committed while that order was in force;
(ii) was punishable with custody; and
(iii) in the opinion of the court is serious; and
(d) unless condition (b)(ii) is fulfilled, the court is satisfied that the
behaviour which constituted the offence was due, to a significant
extent, to the circumstances in which he was living.
(6) A supervision order imposing a residence requirement —
(a) may also impose any of the requirements mentioned in
paragraphs 2, 3 and 7 and paragraphs 4 and 5 of Schedule 4 (as
applied by paragraph 6); and
(b) shall also contain a direction committing the supervised person to
the care of the Department;
but it is hereby declared that a direction under (b) above shall have effect for the
purpose of section 26(1)(b) (transfers to England and Wales) of the Children and Young
Persons Act 1969 (an Act of Parliament) only, and not for the purpose of any other
statutory provision (including a provision contained in this Act).
Medical or psychiatric examination or treatment
6. Paragraphs 4 and 5 of Schedule 4 apply to supervision orders as they apply to
supervision orders under section 31(1)(b) with the substitution for paragraphs 4(4)(a)
and 5(3)(a) of the following —
“(a) where the child has attained the age of 14, he consents to
its inclusion; and”.
Requirements as to education
7. (1) Subject to sub-paragraph (3), a supervision order to which paragraph 3
applies may require a supervised person, if he is of compulsory school age, to comply,
for as long as he is of that age and the order remains in force, with such arrangements
for his education as may from time to time be made by his parent, being arrangements
for the time being approved by the Department of Education and Children.96

(2) The court may not include such a requirement in a supervision order
unless —
(a) it has consulted the Department of Education and Children with
regard to its proposal to include the requirement, and97

(b) it is satisfied that in the view of that Department arrangements
exist for the supervised person to receive efficient full-time
education suitable to his age, ability and aptitude.
(3) The court may not include such a requirement unless —
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(a) it has first consulted the supervisor as to the offender’s
circumstances, and
(b) having regard to the circumstances of the case, it considers the
requirement necessary for securing the good conduct of the
supervised person or for preventing a repetition by him of the
same offence or the commission of other offences.
Duty of supervisor
8. (1) While a supervision order is in force it shall be the duty of the supervisor
to advise, assist and befriend the supervised person.
(2) A supervision order may contain such prescribed provisions as the court
making the order, or the court varying any provision included in the order in
pursuance of this paragraph, considers appropriate for facilitating the performance by
the supervisor of his functions under sub-paragraph (1), including any prescribed
provisions for requiring visits to be made by the supervised person to the supervisor.
Variation and revocation of supervision orders
9. (1) If while a supervision order is in force in respect of a supervised person
it appears to a juvenile court, on the application of the supervisor or the supervised
person, that it is appropriate to make an order under this subsection, the court may
make an order revoking the supervision order or varying it —
(a) by cancelling any requirement included in it in pursuance of
paragraph 2, 3, 5, 7 or 8(2) or paragraph 4 or 5 of Schedule 4 (as
applied by paragraph 6); or
(b) by inserting in it (either in addition to or in substitution for any of
its provisions) any provision which could have been included in
the order if the court had then had power to make it and were
exercising the power.
(2) The powers of variation conferred by sub-paragraph (1) do not include
power —
(a) to insert in the supervision order, after the expiration of 3 months
beginning with the date when the order was originally made, a
requirement in pursuance of paragraph 4 or 5 of Schedule 4 (as
applied by paragraph 6), unless it is in substitution for such a
requirement already included in the order; or
(b) to insert in the supervision order a requirement in pursuance of
paragraph 3(2)(b) in respect of any day after the expiration of 3
months beginning with the date when the order was originally
made.
(3) If while a supervision order is in force in respect of a person it is proved
to the satisfaction of a juvenile court, on the application of the supervisor, that the
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supervised person has failed to comply with any requirement included in the
supervision order in pursuance of paragraph 2, 3, 5, 7 or 8(2), the court —
(a) whether or not it also makes an order under sub-paragraph (1),
may order him to pay a fine of an amount not exceeding £1,000; or
(b) in the case of a person who has attained the age of 18, may (if it
also revokes the supervision order) make an order imposing on
him any punishment, other than a sentence of custody, which it
could have imposed on him if it —
(i) had then had power to try him for the offence in
consequence of which the supervision order was made;
and
(ii) had convicted him in the exercise of that power.
(4) If while a supervision order is in force in respect of a person it is proved
to the court under sub-paragraph (3) that the supervised person has failed to comply
with any requirement included in the supervision order in pursuance of
paragraph 3(2)(a) directing the supervised person to participate in specified activities,
the court may, if it also revokes the supervision order, make an order imposing on him
any sentence which it could have imposed on him if it —
(a) had then had power to try him for the offence in consequence of
which the supervision order was made; and
(b) had convicted him in the exercise of that power.
(5) In a case falling within sub-paragraph (3)(b) or (4) where the offence in
question is of a kind which the court has no power to try, or has no power to try
without appropriate consents, the sentence imposed by virtue of that provision —
(a) shall not exceed that which any court having power to try such an
offence could have imposed in respect of it; and
(b) where the case falls within sub-paragraph (3)(b) and the sentence
is a fine, shall not in any event exceed £5,000; and
(c) where the case falls within sub-paragraph (4), shall not in any
event exceed a custodial sentence for a term of 6 months and a
fine of £5,000.
(6) A fine imposed under sub-paragraph (3) or (4) shall be deemed, for the
purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(7) In dealing with a supervised person under sub-paragraph (3) or (4), the
court shall take into account the extent to which that person has complied with the
requirements of the supervision order.
(8) If a medical practitioner by whom or under whose direction a supervised
person is being treated for his mental condition in pursuance of a requirement
included in a supervision order by virtue of paragraph 5 of Schedule 4 (as applied by
paragraph 6) —
(a) is unwilling to continue to treat or direct the treatment of the
supervised person, or
Schedule 9
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(b) is of opinion —
(i) that the treatment should be continued beyond the period
specified in that behalf in the order; or
(ii) that the supervised person needs different treatment; or
(iii) that he is not susceptible to treatment; or
(iv) that he does not require further treatment,
the practitioner shall make a report in writing to that effect to the supervisor.
(9) On receiving a report under sub-paragraph (8), the supervisor shall
refer it —
(a) if the supervised person has not attained the age of 19, to a
juvenile court;
(b) otherwise, to a court of summary jurisdiction other than a juvenile
court;
and on such a reference, the court may make an order cancelling or varying the
requirement.
(10) This paragraph has effect subject to paragraph 10.
Provisions supplementary to paragraph 9
10. (1) Where the supervisor makes an application or reference under
paragraph 9 to a court he may bring the supervised person before the court, and
subject to sub-paragraph (6) a court shall not make an order under that paragraph
unless the supervised person is present before the court.
(2) Without prejudice to any power to issue a warrant apart from this sub-
paragraph, a justice may issue a warrant for the purpose of securing the attendance of
a supervised person before the court to which any application or reference in respect of
him is made under paragraph 9; and section 44(3) and (4) of the Summary Jurisdiction
Act 1989 (circumstances in which warrant may not be issued) shall apply with the
necessary modifications to a warrant under this sub-paragraph as they apply to a
warrant under that section and as if in section 44(3)(a) after the word “adjourned
hearing” there were inserted the words “cannot be served or”.
(3) Where the supervised person is arrested in pursuance of a warrant
issued by virtue of sub-paragraph (2) and cannot be brought immediately before the
court referred to in that sub-paragraph, the person in whose custody he is —
(a) may make arrangements for his detention in a place of safety for a
period of not more than 72 hours from the time of the arrest (and
it shall be lawful for him to be detained in pursuance of the
arrangements); and
(b) shall within that period, unless within it the supervised person is
brought before that court, bring him before a justice of the peace.
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(4) Where a supervised person is brought before a justice under sub-
paragraph (3), the justice may —
(a) direct that he be released forthwith;
(b) remand him on bail or in custody as if he had been convicted of
an offence but had not yet been sentenced.
(5) Where an application is made to a juvenile court under paragraph 9(1),
the court may remand (or further remand) on bail or in custody if —
(a) a warrant has been issued under sub-paragraph (2) for the
purpose of securing the attendance of the supervised person
before the court; or
(b) the court considers that remanding (or further remanding) him
will enable information to be obtained which is likely to assist the
court in deciding whether and, if so, how to exercise its powers
under paragraph 9(1).
(6) A court may make an order under paragraph 9 in the absence of the
supervised person if the effect of the order is one or more of the following —
(a) revoking the supervision order;
(b) cancelling a provision included in the supervision order in
pursuance of paragraph 2, 3, 5, 7 or 8(2) or paragraph 4 or 5 of
Schedule 4 (as applied by paragraph 6) ;
(c) reducing the duration of the supervision order or any provision
included in it in pursuance of paragraph 2, 3, 5 or 7 or the said
paragraph 4 or 5;
(d) changing the supervisor;
and an order cancelling a residence requirement under paragraph 5 shall also cancel
any direction under paragraph 5(6)(b).
(7) A juvenile court shall not under paragraph 9 make an order —
(a) revoking a supervision order,
(b) inserting in it a requirement authorised by paragraph 2, 3, 5 or 7
or the said paragraph 4 or 5, or
(c) varying or cancelling such a requirement,
except where it is satisfied that the supervised person either —
(i) is unlikely to receive the care or control he needs unless the
court makes the order, or
(ii) is likely to receive it despite the order.
(8) A juvenile court shall not under paragraph 9 make an order inserting a
requirement authorised by paragraph 4 or 5 of Schedule 4 (as applied by paragraph 6)
in a supervision order which does not already contain such a requirement, unless the
Schedule 9
Children and Young Persons Act 2001


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court is satisfied as mentioned in the said paragraph 4(3) and (4) or 5(2) and (3), as the
case may be, on such evidence as is there mentioned.
(9) Where the supervised person has attained the age of 14, a court shall not
without his consent make an order under paragraph 9 containing provisions which
insert in the supervision order a requirement in pursuance of paragraph 4 or 5 of
Schedule 4 (as applied by paragraph 6) or which alter such a requirement already
included in the supervision order otherwise than by removing it or reducing its
duration.
(10) The supervised person may appeal to the High Court against —
(a) any order made under paragraph 9, except —
(i) an order which was or could have been made in his
absence, and
(ii) an order containing only provisions to which he consented
in pursuance of that paragraph, and
(b) the dismissal of an application under that paragraph to revoke a
supervision order.
(11) Where an application under paragraph 9 for the revocation of a
supervision order is dismissed, no further application for its revocation shall be made
under that paragraph by any person during the period of 3 months beginning with the
date of the dismissal except with the leave of a juvenile court.
Duration of supervision order
11. A supervision order shall, unless it has previously been revoked, cease to have
effect on the expiration of the period of 3 years, or such shorter period as may be
specified in the order, beginning with the date on which the order was originally made.
Supplementary provisions relating to supervision orders
12. (1) A court shall not make a supervision order unless it is satisfied that the
supervised person resides or will reside in the Island; and a court shall be entitled to be
satisfied that the supervised person will so reside if he is to be required so to reside by
a provision to be included in the order in pursuance of paragraph 2(1).
(2) A court which makes a supervision order or an order varying or
revoking a supervision order shall forthwith send a copy of its order —
(a) to the supervised person and to any person known or believed to
have parental responsibility for him;
(b) to the supervisor and any person who has ceased to be the
supervisor by virtue of the order;
(c) to the Department; and
(d) where the supervised person is required by the order, or was
required by the supervision order before it was varied or
discharged, to reside with an individual or to undergo
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c AT 20 of 2001 Page 127

examination or treatment by or under the direction of an
individual or at any place, to that individual or the person in
charge of that place.
SCHEDULE 10
98

SCHEDULE 11

TRANSITIONAL PROVISIONS

Section 105(1)
Family Law Act 1991
1. Paragraphs 1 to 4 of Schedule 4 (transitional provisions) of the Family Law Act
1991 continues to have effect subject to the modification that a reference to a repealed
provision of that Act or to an order made under such a provision shall be construed as
a reference to the corresponding provision of this Act or to an order under that
provision, as the case may be.
Guardianship
2. Section 8(4) has effect as respects an appointment made by a person dying on or
after the 1st July 1996 regardless of the date of the appointment and the date of the
dissolution or annulment of the marriage.
Care and supervision orders etc.
3. (1) A care order or fit person order made under any enactment repealed by
this Act or by the Children and Young Persons Act 1990 (including an order to which
paragraph 3 of Schedule 3 to that Act applies) and in force immediately before the
coming into operation of Part 4 shall have effect as a care order made under section 31.
(2) A supervision order made under any enactment repealed by this Act and
in force immediately before the coming into operation of Part 4 shall have effect as a
supervision order made under section 31 on the date of such commencement.
(3) Any of the following orders —
(a) a contribution order under section 76 of the Children and Young
Persons Act 1966;
(b) an arrears order under section 23 of the Children and Young Persons
Act 1969;
(c) an order made (or having effect as if made) under paragraph 4 of
Schedule 2 to the Family Law Act 1991,
and in force immediately before the coming into operation of Part 4 shall have effect as
a contribution order made under paragraph 3 of Schedule 3.
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Children looked after by Department
4. A child who immediately before the coming into operation of Part 3 is kept in
the care of the Department under section 82 of the Children and Young Persons Act 1966
shall be treated for the purposes of this Act as being looked after by the Department.
Resolutions assuming parental responsibility
5. (1) Subject to sub-paragraph (2), where immediately before the coming into
operation of Part 4 a resolution under section 83 of the Children and Young Persons Act
1966 is in force with respect to a child, the resolution shall have effect as a care order
made under section 31 on the date of such commencement.
(2) Where immediately before the commencement of Part 4 proceedings
under section 83(3) of that Act are pending in relation to such a resolution —
(a) the resolution shall have effect as an interim care order; and
(b) the proceedings shall continue as if they had been begun by an
application for a care order.
Transfer of children in care to United Kingdom
6. (1) Where, on a date falling within the period specified in sub-
paragraph (2) —
(a) a child in the care of the Department by virtue of a relevant order
was lawfully taken to live in England and Wales or Northern
Ireland, and
(b) the conditions prescribed for the purpose of this paragraph in an
order under section 38(3) were satisfied,
the relevant order shall be deemed to have ceased to have effect on that date.
(2) The period mentioned in sub-paragraph (1) is the period commencing
on —
(a) 14th October 1991, in the case of a child taken to live in England
and Wales; or
(b) 4th November 1996, in the case of a child taken to live in Northern
Ireland,
and ending with the coming into operation of the order under section 38(3).
(3) In this paragraph “relevant order” has the meaning given by
section 56(6) of the Children and Young Persons Act 1966.
Fostering
7. Regulations under section 60 shall include provision that a notice given to the
Department under section 1 or 2 of the Child Life Protection Act 1959 shall be treated, for
Children and Young Persons Act 2001 Schedule 11



c AT 20 of 2001 Page 129

such period and for such purposes as may be prescribed, as a notification to the
Department under the regulations.
Children’s homes
8. Subsection (3) of section 51 shall not apply until the expiration of 6 months after
the commencement of that section in the case of a children’s home in which a child is
being cared for and accommodated immediately before such commencement.
Nurseries and child-minding
9. (1) Where, immediately before the commencement of sections 63 to 66, any
premises are or person is registered under section 1 of the Nurseries and Child-Minders
Regulation Act 1974, those sections shall not apply to those premises or that person
(except for the purpose of registration under section 64(1)), and the provisions of the
said Act shall continue to apply to those premises or that person, until the earlier of —
(a) the expiration of one year after such commencement, and
(b) the date on which the Department registers that person, or
registers a person in respect of those premises, as the case may be,
under section 64(1).
Presumption of doli incapax
10. Section 70(2) does not apply in relation to anything done before the
commencement of that section.
Supervision orders in criminal proceedings
11. For a period of 3 years after the commencement of section 83, paragraph 5 of
Schedule 9 shall have effect with the following modifications —
(a) sub-paragraph (5)(a) shall have effect as if the reference to a
supervision order included a reference to a care order under any
provision of the Children and Young Persons Acts 1966 to 1990, or
a supervision order under any such provision imposing a
requirement which could be imposed under paragraph 3(2);
(b) where the condition in sub-paragraph (5)(a) is fulfilled by
reference to such a care order or supervision order, sub-
paragraph (5)(b) and, in sub-paragraph (5)(d), the words “unless
condition (b)(ii) if fulfilled,” shall be omitted.
Parental orders
12. Section 89(2) applies in relation to a child born before the commencement of
section 89 with the substitution for the words “6 months of the birth of the child” of the
words “6 months of the commencement of this section”.
Schedule 12
Children and Young Persons Act 2001


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Family proceedings
13. Until the coming into operation of the Matrimonial Proceedings Act 2001, the
reference to that Act in section 102(1) shall be construed as a reference to Part III of the
Matrimonial Proceedings Act 1986.
Hospitals
14. Until the coming into operation of the National Health Service Act 2001, the
reference to Part 3 of that Act in section 102(1) shall be construed as a reference to Part
III of the National Health Service (Isle of Man) Act 1948.
Amendments to Act under the Regulation of Care Act 2013
15. Section 61(8) as amended by the Regulation of Care Act 2013 applies for a child
fostered at any time, whether before or after that amendment commenced.99

SCHEDULE 12

AMENDMENT OF ENACTMENTS

Section 105(2)
[Sch 12 amended by Education Act 2001 Sch 11, by Anti-Terrorism and Crime
Act 2003 Sch 15 and by Proceeds of Crime Act 2008 Sch 9, and amends the
following Acts —
Infanticide and Infant Life (Preservation) Act 1938 q.v.
Criminal Justice Act 1963 q.v.
Children and Young Persons Act 1966 q.v.
Civil Evidence Act 1973 q.v.
Domicile and Matrimonial Proceedings Act 1974 q.v.
Administration of Justice Act 1981 q.v.
Adoption Act 1984 q.v.
Legal Aid Act 1986 q.v.
Child Custody Act 1987 q.v.
Nursing and Residential Homes Act 1988 q.v.
Summary Jurisdiction Act 1989 q.v.
Family Law Act 1991 q.v.
Sexual Offences Act 1992 q.v.
Mental Health Act 1998 q.v.
Police Powers and Procedures Act 1998 q.v.
Rehabilitation of Offenders Act 2001 q.v.]
Children and Young Persons Act 2001 Schedule 13



c AT 20 of 2001 Page 131

SCHEDULE 13

ENACTMENTS REPEALED

Section 105(3)
[Sch 13 repeals the following Acts wholly —
Child Life Protection Act 1959
Children and Young Persons Act 1971
Children and Young Persons (Amendment) Act 1974
Nurseries and Child-Minders Regulation Act 1974
Children and Young Persons Act 1990
and the following Acts in part —
Isle of Man Education Act 1949
Children and Young Persons Act 1966
Children and Young Persons Act 1969
Statute Law Revision (Miscellaneous Provisions) Act 1979
Adoption Act 1984
The Criminal Law (Amendment) Act 1985
Treasury Act 1985
Health and Social Security Act 1986
Matrimonial Proceedings Act 1986
Coroners of Inquests Act 1987
Child Custody Act 1987
Summary Jurisdiction Act 1989
Criminal Justice Act 1990
Family Law Act 1991
Transfer of Governor’s Functions Act 1992
Statute Law Revision Act 1992
Broadcasting Act 1993
Criminal Justice (Penalties, Etc.) Act 1993
Custody Act 1995
Maintenance Orders (Reciprocal Enforcement) Act 1995
Law Reform (Miscellaneous Provisions) Act 1996
Criminal Justice Act 1996
Law Reform Act 1997
Statute Law Revision Act 1997
Mental Health Act 1998
Schedule 13
Children and Young Persons Act 2001


Page 132 AT 20 of 2001 c

Police Powers and Procedures Act 1998.]
Children and Young Persons Act 2001 Endnotes


c AT 20 of 2001 Page 133

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Long title amended by Regulation of Care Act 2013 s 191. 2
Subs (4) amended by Children and Young Persons (Amendment) Act 2011 s 5. 3
Subs (1) amended by Children and Young Persons (Amendment) Act 2013 s 4. 4
Subs (2) amended by Children and Young Persons (Amendment) Act 2013 s 4. 5
Subs (2A) inserted by Children and Young Persons (Amendment) Act 2013 s 4. 6
Subs (2B) inserted by Children and Young Persons (Amendment) Act 2013 s 4. 7
Subs (1) amended by Children and Young Persons (Amendment) Act 2013 s 4. 8
Subs (2) amended by Children and Young Persons (Amendment) Act 2013 s 4. 9
Para (aa) inserted by SD2016/0193. 10
Subs (2) amended by Children and Young Persons (Amendment) Act 2011 s 5. 11
Subs (4) amended by Children and Young Persons (Amendment) Act 2011 s 5. 12
S 7 heading substituted by Children and Young Persons (Amendment) Act 2011 s 5. 13
Subs (1) amended by Children and Young Persons (Amendment) Act 2011 s 5. 14
Subs (2) amended by Children and Young Persons (Amendment) Act 2011 s 5. 15
Para (b) amended by Children and Young Persons (Amendment) Act 2011 s 5. 16
Subs (3) amended by Children and Young Persons (Amendment) Act 2011 s 5. 17
Subs (4) amended by Children and Young Persons (Amendment) Act 2011 s 5. 18
Para (a) amended by Children and Young Persons (Amendment) Act 2011 s 5. 19
Para (b) amended by Children and Young Persons (Amendment) Act 2011 s 5. 20
Subs (5) amended by Children and Young Persons (Amendment) Act 2011 s 5. 21
Para (a) amended by Children and Young Persons (Amendment) Act 2011 s 5. 22
Para (b) amended by Children and Young Persons (Amendment) Act 2011 s 5. 23
Subs (7) amended by Children and Young Persons (Amendment) Act 2011 s 5.
Endnotes Children and Young Persons Act 2001


Page 134 AT 20 of 2001 c

24
Subs (8) amended by Children and Young Persons (Amendment) Act 2011 s 5. 25
Para (a) amended by Children and Young Persons (Amendment) Act 2011 s 5. 26
Subs (2) amended by Children and Young Persons (Amendment) Act 2011 s 5. 27
Subs (3) amended by Children and Young Persons (Amendment) Act 2011 s 5. 28
Para (a) amended by Civil Partnership Act 2011 Sch 15. 29
Para (aa) inserted by Civil Partnership Act 2011 Sch 14. 30
Para (ba) inserted by Civil Partnership Act 2011 Sch 14. 31
Subs (4) amended by Civil Partnership Act 2011 Sch 14 and by Children and Young
Persons (Amendment) Act 2011 s 5. 32
Subs (4A) inserted by Civil Partnership Act 2011 Sch 8 and amended by Children and
Young Persons (Amendment) Act 2011 s 5. 33
Subs (5) amended by Children and Young Persons (Amendment) Act 2011 s 5. 34
Para (aa) inserted by Civil Partnership Act 2011 Sch 8. 35
Para (d) amended by SD359/11 and by SD2014/08. 36
S 17A inserted by Children and Young Persons (Amendment) Act 2011 s 4. 37
S 17B inserted by Children and Young Persons (Amendment) Act 2011 s 4. 38
S 17C inserted by Children and Young Persons (Amendment) Act 2011 s 4. 39
S 17D inserted by Children and Young Persons (Amendment) Act 2011 s 4. 40
S 17E inserted by Children and Young Persons (Amendment) Act 2011 s 4. 41
S 17F inserted by Children and Young Persons (Amendment) Act 2011 s 4. 42
Subs (5) amended by Matrimonial Proceedings Act 2003 Sch 5. 43
S 24A inserted by Regulation of Care Act 2013 s 192. 44
Para (c) amended by Regulation of Care Act 2013 s 193. 45
Subs (3) amended by SD2016/0193. 46
Subs (5) amended by SD155/10 Sch 10. 47
Subs (2) amended by Civil Partnership Act 2011 Sch 14. 48
S 47A inserted by Regulation of Care Act 2013 s 194. 49
Subs (6) amended by Civil Partnership Act 2011 Sch 14. 50
S 49A inserted by Criminal Justice, Police Powers and Other Amendments Act 2014 s
53. 51
Part 6 repealed by Regulation of Care Act 2013 s 195. 52
Part 7 heading amended by Regulation of Care Act 2013 s 196. 53
Para (a) substituted by Regulation of Care Act 2013 s 196. 54
Para (b) repealed by Regulation of Care Act 2013 s 196. 55
Subs (1) substituted by Regulation of Care Act 2013 s 196. 56
Subs (2) repealed by Regulation of Care Act 2013 s 196. 57
Subs (3) repealed by Regulation of Care Act 2013 s 196. 58
Subs (4) amended by Regulation of Care Act 2013 s 196. 59
Subs (8) amended by Regulation of Care Act 2013 s 196. 60
S 63 substituted by Regulation of Care Act 2013 s 196. 61
S 64 repealed by Regulation of Care Act 2013 s 196. 62
S 65 repealed by Regulation of Care Act 2013 s 196.
Children and Young Persons Act 2001 Endnotes


c AT 20 of 2001 Page 135

63
S 66 repealed by Regulation of Care Act 2013 s 196. 64
S 67 repealed by Regulation of Care Act 2013 s 196. 65
S 68 repealed by Regulation of Care Act 2013 s 196. 66
Para (d) amended by Anti-Terrorism and Crime Act 2003 Sch 14. 67
Subs (1) amended by SD155/10 Sch 4 and by SD2014/08. 68
Para (a) amended by SD155/10 Sch 4 and by SD2014/08. 69
Para (a) amended by SD155/10 Sch 4 and by SD2014/08. 70
Para (b) amended by SD155/10 Sch 4 and by SD2014/08. 71
Subs (2) substituted by SD2016/0193. 72
Subs (7A) inserted by SD2016/0193. 73
Subs (7A) inserted by SD2016/0193. 74
S 98 repealed by Regulation of Care Act 2013 s 197. 75
S 99 repealed by Regulation of Care Act 2013 s 197. 76
Ss 100 and 101 repealed by Education Act 2001 Sch 11. 77
Definition of “care Act” inserted by Regulation of Care Act 2013 s 198. 78
Definition of “child of the family” substituted by Civil Partnership Act 2011 Sch 8. 79
Definition of “children’s home” repealed by Regulation of Care Act 2013 s 198. 80
Definition of “the Department” amended by SD155/10 Sch 6 and by SD2014/08. 81
Definition of “emergency protection order” inserted by Regulation of Care Act 2013 s
198. 82
Subpara (iv) added by Civil Partnership Act 2011 Sch 14. 83
Para (b) substituted by Matrimonial Proceedings Act 2003 Sch 5. 84
Definitions of “mental nursing home” and “nursing home” repealed by Regulation
of Care Act 2013 s 198. 85
Definition of “official foster parent” amended by Regulation of Care Act 2013 s 198. 86
Definition of “relative” amended by Civil Partnership Act 2011 Sch 8. 87
Definition of “residential care home” repealed by Regulation of Care Act 2013 s 198. 88
Definitions of “special guardian” and “special guardianship order” inserted by
Children and Young Persons (Amendment) Act 2011 s 5. 89
ADO (ss 69 to 75, 77 to 82, 86 to 89, 96, 105 (in part), Sch 8, Sch 11 paras 10, 12, 14, Sch
12 para 13(1), (2), (9), (10), (11), Sch 13 i.r.o. the repeal of
Children and Young
Persons Act 1966
Sections 26 and 27
Sections 29 to 34
Sections 36 to 39
Sections 45 and 46
Section 49
Section 51
Children and Young
Persons Act 1969
Section 12
Section 16
Section 18
Section 21
Endnotes Children and Young Persons Act 2001


Page 136 AT 20 of 2001 c


Criminal Law
(Amendment) Act 1985
In Schedule 2,
paragraph 6
Summary Jurisdiction Act
1989
Section 41
In Sch 5, para 11
Broadcasting Act 1993 In Sch 4, paras 3(2) and
9(2)
Criminal Justice (Penalties
Etc.) Act 1993
In Sch 1, paras 2 and 3
Criminal Justice Act 1996 In Sch 2, para 3
Statute Law Revision Act
1997
In Sch 4, para 63(1)
Police Powers and
Procedures Act 1998
Section 60
In Sch 4, paragraph 2)
1/1/2002 (SD799/01) with savings;
(all other provisions) 1/2/2003 (SD878/02) with savings.] 90
Subpara (2) substituted by Administration of Justice Act 2008 s 32(2). 91
Definition of “parent” substituted by Civil Partnership Act 2011 Sch 8. 92
Para 6A inserted by Matrimonial Proceedings Act 2003 Sch 5. 93
Sch 6 repealed by Regulation of Care Act 2013 s 199. 94
Sch 7 repealed by Regulation of Care Act 2013 s 199. 95
Subpara (7) amended by SD155/10 Sch 10. 96
Subpara (1) amended by SD155/10 Sch 10. 97
Item (a) amended by SD155/10 Sch 10. 98
Sch 10 repealed by Education Act 2001 Sch 11. 99
Para 15 inserted by Regulation of Care Act 2013 s 200.