OpenLegislation

Regulation 2 Scope of Regulations

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this regulation these Regulations shall apply to every child to whom Part III of the Act (which relates to the treatment of children in the care of a local authority) applies(f1g) and who is or is proposed to be placed.

(2)

These Regulations shall not apply to a child who has been received into the care of a local authority under section 2 of the Act (voluntary care) unless a resolution has been passed under section 3 of the Act in respect of that child.

(3)

These Regulations shall not apply to the placement of a child for adoption pursuant to the Adoption Act 1976.

(4)

Where a child is committed by a court to the care of a local authority by an order under section 7(2) of the Family Law Reform Act 1969, section 43 of the Matrimonial Causes Act 1973, section 2(2)(b) of the Guardianship Act 1973, sections 34(5) and 36(2) and (3)(a) of the Children Act 1975 or section 26(1)(b) of the Adoption Act 1976, the application of these Regulations is subject to any directions given by the court whether any such direction is given before or after the coming into force of these Regulations.

(5)

Nothing in these Regulations shall require the temporary removal of a child from the person with whom the child is to be placed and with whom he is already living before he is placed.

Annotations

Footnotes

f1

In addition to the children specified in section 17 of the Act (children to whom Part III of the 1980 Act applies),Part III of the 1980 Act applies also to children committed to the care of a local authority under the following provisions:(i)section 3(2) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 (c48) (this Act was repealed by Schedule 3 to the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), but by virtue ofparagraph 3 of Schedule 1 to the 1978 Act orders made under the 1960 Act are not affected);(ii)section 7(2) of the Family Law Reform Act 1969 (c. 46) as amended by paragraph 23 of Schedule 5 to the 1980 Act;(iii)section 43(1) of the Matrimonial Causes Act 1973 (c. 18) as amended by paragraph 34 of Schedule 5 to the 1980 Act;(iv)section 2(2)(b) of the Guardianship Act 1973 (c. 29) (which applies section 4 of that Act);(v)section 34(5) of the Children Act 1975 (c. 72) which applies section 2(2)(b) of the Guardianship Act 1973; section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22);(vi)section 36(2) and (3)(a) of the Children Act 1975 (which applies section 4 of the Guardianship Act 1973 to orders under section 36(2) and (3)(a) as it applies to an order under section 2(2)(b) of the Guardianship Act 1973);(vii)section 26(1)(b) of the Adoption Act 1976 (c. 36) (which applies section 4 of the Guardianship Act 1973 to orders under section 26(1)(b) as it applies to an order under section 2(2)(b) of the Guardianship Act 1973);(viii)section 10(1) of the Domestic Proceedings and Magistrates' Courts Act 1978 as amended by paragraph 42 of Schedule 5 to the 1980 Act.