OpenLegislation

Section 9 Restrictions on making section 8 orders.I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

No court shall make any section 8 order, other than a F1child arrangements order to which subsection (6B) applies, with respect to a child who is in the care of a local authority.

(2)

No application may be made by a local authority for a F2child arrangements order and no court shall make such an order in favour of a local authority.

(3)

A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless—

(a)

he has the consent of the authority;

(b)

he is a relative of the child; or

(c)

the child has lived with him for at least F3one year preceding the application.

(4)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

No court shall exercise its powers to make a specific issue order or prohibited steps order—

(a)

with a view to achieving a result which could be achieved by making a F5child arrangements order F6 or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact); or

(b)

in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children.

(6)

F7No court shall make a F8section 8 order which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

F9(6A)

Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.

(6B)

This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)

with whom the child concerned is to live, and

(b)

when the child is to live with any person.

(7)

No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

Annotations

Textual amendments

F1

Words in s. 9(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F2

Words in s. 9(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F3

Words in s. 9(3)(c) substituted (30.12.2005) by 2002 c. 38, ss. 113(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F4

S. 9(4) repealed (30.12.2005) by 2002 c. 38, ss. 113(b), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k); S.I. 2005/2897, art. 2(b)

F5

Words in s. 9(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F6

Words in s. 9(5)(a) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(7), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F7

Words in s. 9(6) substituted (1.9.2009) for the words from the beginning to "which" by virtue of Children and Young Persons Act 2008 (c. 23), ss. 37(1), 44; S.I. 2009/1921, art. 2(b); S.I. 2009/2273, art. 2(2)(k)

F8

Words in s. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F9

S. 9(6A)(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement

I1

S. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)