OpenLegislation

Section 97 Privacy for children involved in certain proceedings.I1C1

England and Wales

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2(2)

No person shall publish F2to the public at large or any section of the public any material which is intended, or likely, to identify—

(a)

any child as being involved in any proceedings before F3the High CourtF4 or the family court in which any power under this Act F5or the Adoption and Children Act 2002 may be exercised by the court with respect to that or any other child; or

(b)

an address or school as being that of a child involved in any such proceedings.

(3)

In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

C3(4)

The court or the F6Lord Chancellor may, if satisfied that the welfare of the child requires it F7and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.

(5)

For the purposes of this section—

  • “publish” includes—

    1. (a)

      F8include in a programme service (within the meaning of the Broadcasting Act 1990);

    2. (b)

      cause to be published; and

  • “material” includes any picture or representation.

(6)

Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

F9(6A)

It is not a contravention of this section to—

(a)

enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or

(b)

permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.

F10(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(9)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).

Annotations

Textual amendments

F1

S. 97(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in s. 97(2) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(1); S.I. 2005/847, art. 2

F3

Words in s. 97(2) inserted (27.9.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))

F4

Words in s. 97(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5

Words in s. 97(1)(2) inserted (30.12.2005) by 2002 c. 38, ss. 101(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)

F6

Words in s. 97(4) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)).

F7

Words in s. 97(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F8

Words in s. 97(5) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 53

F9

S. 97(6A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 7(7), 139(6); S.I. 2014/889, art. 5(b)

F10

S. 97(7)(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11

S. 97(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Modifications

C1

S. 97 applied by 2014 anaw 4, s. 125C (as inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 308)

C2

S. 97(2) excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. IV para. 18 (with s. 107, Sch. 14 para. 7(2))

C3

S. 97(4): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).

Commencement

I1

S. 97 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)