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Child Care Act 1980 (repealed 14.10.1991)

1980 c. 5 · Enacted 31 January 1980 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 14 October 1991.

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Textual amendments

F1

Act repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 21(1), 27(4) 31, 36(3)(b) with saving for ss. 16(1) and 24 in Sch. 14 paras. 23 and 28); S.I. 1991/828, art. 3(2). (Certain provisions of this Act are expressed to be amended (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para. 40(2); S.I. 1992/333, art. 2(2), Sch. 2.

Contents

  1. Part I: Powers and Duties of Local Authorities in Relation to the Welfare and Care of Children
  2. General duty of local authorities to promote welfare of children
  3. 1Duty of local authorities to promote welfare of children.
  4. Duty of local authorities to assume care of orphans and deserted children etc.
  5. 2Duty of local authority to provide for orphans, deserted children etc.
  6. 3Assumption by local authority of parental rights and duties.
  7. 4Effect of resolution under s. 3.
  8. 5Duration and rescission of resolutions under s. 3.
  9. 6Appeal to the High Court.
  10. 7Guardians ad litem and reports in care proceedings.
  11. 8Application of Part I in relation to children subject to orders of court.
  12. 9Duty of parents to maintain contact with local authorities having their children in care.
  13. Provisions as to children subject to care order etc.
  14. 10Powers and duties of local authorities with respect to children committed to their care.
  15. 11Appointment of visitor for child subject to care order.
  16. 12Supplementary provisions relating to children subject to care order etc.
  17. Part II: Absence From Care
  18. Provisions relating to children in care of local authorities under section 2
  19. 13Penalty for assisting children in care under s. 2 to run away etc.
  20. 14Harbouring or concealing child required to return to local authority.
  21. 15Recovery of children in care under s. 2.
  22. Provisions relating to children in care of local authorities by virtue of care order etc.
  23. 16Recovery of children subject to care order etc.
  24. Part III: Treatment of Children who are or have been in Care of Local Authorities
  25. 17Children to whom Part III applies.
  26. 18General duty of local authority in relation to children in their care.
  27. 19Power of Secretary of State to give directions to local authority for protection of public.
  28. 20Review of care cases.
  29. 21Provision of accommodation and maintenance for children in care.
  30. 22Regulations as to boarding out.
  31. 23Power of local authority to guarantee apprenticeship deeds etc. of children in their care.
  32. 24Power of local authorities to arrange for emigration of children.
  33. 25Burial or cremation of deceased children.
  34. 26Power of local authority to defray expenses of parents etc. visiting children or attending funerals.
  35. 27Financial assistance towards expenses of maintenance, education or training of persons over seventeen.
  36. 28After-care of children formerly in care of local authorities under s. 2.
  37. 29Power of local authority to visit and assist persons formerly in their care.
  38. 30Allocation of functions as between local authority and local education authority.
  39. Part IV
  40. Community Homes
  41. 31Regional planning of accommodation for children in care.
  42. 32Regional plans for community homes.
  43. 33Approval and variation of regional plans.
  44. 34Provision of community homes by local authorities.
  45. 35Instruments of management for assisted and controlled community homes.
  46. 36Supplementary provisions as to instruments of management and trust deeds.
  47. 37Management of controlled community homes.
  48. 38Management of assisted community homes.
  49. 39Regulations as to conduct of community homes etc.
  50. 40Directions that premises no longer to be used for community home.
  51. 41Controlled and assisted community homes exempted from certain provisions of Part VI.
  52. 42Determination of disputes relating to controlled and assisted community homes.
  53. 43Discontinuance by voluntary organisation of controlled or assisted community home.
  54. 44Financial provisions applicable on cessation of controlled or assisted community home.
  55. Part V: Contributions Towards Maintenance of Children in Care of Local Authorities
  56. 45Liability for contributions in respect of children in care.
  57. 46Amount of contributions.
  58. 47Contribution orders.
  59. 48Variation of contribution orders.
  60. 49Transfer of payments under an affiliation order to local authority.
  61. 50Application by local authority for affiliation order.
  62. 51Recovery of arrears of contributions.
  63. 52Appeals from orders made under Part V.
  64. 53Contributions received by a local authority which are payable over to another authority.
  65. 54Supplementary provisions regarding payment of arrears.
  66. 55Proceedings by or against a person residing in Scotland or Northern Ireland.
  67. Part VI: Voluntary Homes and Voluntary Organisations
  68. Definition of voluntary home
  69. 56Definition of voluntary home.
  70. Registration etc. of voluntary homes
  71. 57Registration of voluntary homes.
  72. 58Appeals.
  73. 59Notification of particulars with respect to voluntary homes.
  74. Regulations as to voluntary homes and organisations
  75. 60Regulations as to conduct of voluntary homes.
  76. 61Regulations as to the boarding out of children by voluntary organisations.
  77. 62Regulations as to arrangements by voluntary organisations for emigration of children.
  78. Restriction on removal of child from care of voluntary organisation
  79. 63Restriction on removal of child from care of voluntary organisation.
  80. Transfer of parental rights and duties in relation to children in care of voluntary organisations
  81. 64Transfer of parental rights and duties to voluntary organisations.
  82. 65Duty of local authority to assume parental rights and duties.
  83. 66Effect of resolutions under ss. 64 and 65.
  84. 67Appeals by parents etc.
  85. Visiting of children in voluntary homes
  86. 68Visiting of children in voluntary homes.
  87. After-care of children formerly in care of voluntary organisations
  88. 69After-care of children formerly in care of voluntary organisations.
  89. Returns of information
  90. 70Returns of information by voluntary organisations.
  91. Part VII: Miscellaneous and Supplementary Provisions
  92. Advisory Council on Child Care
  93. 71Advisory Council on Child Care.
  94. Powers and duties of local authorities
  95. 72Accommodation of persons over school age in convenient community home.
  96. 73Provisions as to places of safety etc.
  97. Inspection and Inquiries
  98. 74Inspection of children’s homes etc. by persons authorised by Secretary of State.
  99. 75Powers of entry supplemental to s. 74.
  100. 76Inquiries.
  101. Research and training
  102. 77Research.
  103. 78Grants for training in child care.
  104. Returns of information and presentation of reports etc. to Parliament
  105. 79Returns of information and presentation of reports etc. to Parliament.
  106. Financial Provisions
  107. 80Expenses of Secretary of State in providing homes offering specialised facilities.
  108. 81Grants in respect of secure accommodation.
  109. 82Grants in respect of voluntary homes which are assisted community homes.
  110. 83Administrative expenses of Secretary of State.
  111. Supplementary provisions
  112. 84Prosecution of offences.
  113. 85Regulations and orders.
  114. 86Provisions as to copies of orders.
  115. 87Interpretation.
  116. 88Application to Isles of Scilly.
  117. 89Transitional provisions, consequential amendments and repeals.
  118. 90Commencement
  119. 91Short title, and extent.
  120. Schedule 1: Children’s Regional Planning Committees
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. 4Paragraph 4
  125. 5Paragraph 5
  126. 6Paragraph 6
  127. Schedule 2: Modification of Provisions of Part V of this Act in Relation to Persons Residing in Scotland or Northern Ireland
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. 6Paragraph 6
  134. 7Paragraph 7
  135. Schedule 3
  136. Constitution of Appeal Tribunals
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 4Paragraph 4
  141. Schedule 4: Transitional Provisions and Savings
  142. Children in care under Children Act 1948
  143. 1Paragraph 1
  144. Children in care by virtue of an order which is deemed to be a care order
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. Periods of time
  148. 4Paragraph 4
  149. Custodians
  150. 5Paragraph 5
  151. Children in care by virtue of order under Matrimonial Proceedings (Magistrates’ Courts) Act 1960
  152. 6Paragraph 6
  153. References to section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978
  154. 7Paragraph 7
  155. References to provisions of Adoption Act 1976 and Adoption (Scotland) Act 1978
  156. 8Paragraph 8
  157. Saving of amendments
  158. 9Paragraph 9
  159. Schedule 5: CONSEQUENTIAL AMENDMENTS
  160. Children and Young Persons Act 1933 (c. 12)
  161. 1Paragraph 1
  162. Maintenance Orders Act 1950 (c. 37)
  163. 2Paragraph 2
  164. 3Paragraph 3
  165. Affiliation Orders Act 1952 (c. 41)
  166. 4Paragraph 4
  167. The Magistrates’ Courts Act 1952 (c. 55)
  168. 5Paragraph 5
  169. Affiliation Proceedings Act 1957 (c. 55)
  170. 6Paragraph 6
  171. 7Paragraph 7
  172. 8Paragraph 8
  173. Children Act 1958 (c. 65)
  174. 9Paragraph 9
  175. 10Paragraph 10
  176. 11Paragraph 11
  177. Mental Health Act 1959 (c. 72)
  178. 12Paragraph 12
  179. 13Paragraph 13
  180. 14Paragraph 14
  181. Mental Health (Scotland) Act 1960 (c. 61)
  182. 15Paragraph 15
  183. 16Paragraph 16
  184. London Government Act 1963 (c. 33)
  185. 17Paragraph 17
  186. Children and Young Persons Act 1963 (c. 37)
  187. 18Paragraph 18
  188. Health Services and Public Health Act 1968 (c. 46)
  189. 19Paragraph 19
  190. 20Paragraph 20
  191. Social Work (Scotland) Act 1968 (c. 49)
  192. 21Paragraph 21
  193. 22Paragraph 22
  194. Family Law Reform Act 1969 (c. 46)
  195. 23Paragraph 23
  196. Children and Young Perosn Act 1969 (c. 54)
  197. 24Paragraph 24
  198. 25Paragraph 25
  199. 26Paragraph 26
  200. Administration of Justice Act 1970 (c. 31)
  201. 27Paragraph 27
  202. 28Paragraph 28
  203. Local Authority Social Services Act 1970 (c. 42)
  204. 29Paragraph 29
  205. Guardianship of Minors Act 1971 (c. 3)
  206. 30Paragraph 30
  207. 31Paragraph 31
  208. Attachment of Earnings Act 1971 (c. 32)
  209. 32Paragraph 32
  210. Tribunals and Inquiries Act 1971 (c. 62)
  211. 33Paragraph 33
  212. Matrimonial Causes Act 1973 (c. 18)
  213. 34Paragraph 34
  214. Guardianship Act 1973 (c. 29)
  215. 35Paragraph 35
  216. Legal Aid Act 1974 (c. 4)
  217. 36Paragraph 36
  218. Children Act 1975 (c. 72)
  219. 37Paragraph 37
  220. Adoption Act 1976 (c. 36)
  221. 38Paragraph 38
  222. 39Paragraph 39
  223. Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
  224. 40Paragraph 40
  225. 41Paragraph 41
  226. 42Paragraph 42
  227. Schedule 6REPEALS