Paragraph 7

In the Magistrates' Courts (Children and Young Persons) Rules 1988^f1–

(1)

In rule 2(1)–

(a)

the words “Subject to rule 29 of these Rules” shall be omitted;

(b)

the words ““the Act of 1963” means the Children and Young Persons Act 1963” shall be omitted; and

(c)

for the words ““the Act of 1980” means the Child Care Act 1980” and ““the Act of 1986” means the Children and Young Persons (Amendment) Act 1986” there shall be substituted ““the Act of 1989” means the Children Act 1989”.

(2)

For the heading to PART III there shall be substituted “PROCEEDINGS RELATING TO SUPERVISION ORDERS”.

(3)

In rule 13–

(a)

paragraph 1(a)(i) and (iii) shall be omitted;

(b)

in paragraph (1)(d), for the words “sections 21A and 39 of the Act of 1980” there shall be substituted “section 25 of the Act of 1989”; and

(c)

in paragraph (2)–

(i)

in the definition of “the appropriate local authority”, sub-paragraphs (a) and (c) shall be omitted,

(ii)

the words “(except where it is used in the expression “guardian ad litem”)” shall be omitted,

(iii)

the words ““the offence condition” means the condition set out in section 1(2)(f) of the Act of 1969” shall be omitted, and

(iv)

in the definition of “the respondent”, sub-paragraph (b) shall be omitted.

(4)

In rule 14–

(a)

in paragraph (2)–

(i)

for the words “section 2(3) and 34(2)” there shall be substituted “section 34(2)”, and

(ii)

for the words “sections 21A and 39 of the Act of 1980” there shall be substituted “section 25 of the Act of 1989”;

(b)

in paragraph (3), sub-paragraph (f) shall be omitted; and

(c)

paragraphs (4) and (5) shall be omitted.

(5)

In rule 18, for the words “the provisions of section 32A(4A) of the Act of 1969 or to any other” there shall be substituted “any”.

(6)

In rule 20–

(a)

the words “, unless it makes an interim order in respect of the relevant infant in pursuance of section 2(10) or 16(4) of the Act of 1969 or section 21A(4) of the Act of 1980,” shall be omitted; and

(b)

paragraphs (4) and (5) shall be omitted.

(7)

In rule 21, paragraphs (2) and (3) shall be omitted.

(8)

In rule 22–

(a)

paragraph (1)(b) and (c) shall be omitted; and

(b)

in paragraph (2), the words “or a guardian ad litem has been appointed” shall be omitted.

(9)

In rule 23–

(a)

in paragraph (1)–

(i)

the words “, in the case of proceedings under section 1 of the Act of 1969, the ground on which the proceedings are brought or, in the case of any proceedings,” shall be omitted, and

(ii)

the words in round brackets shall be omitted; and

(b)

in paragraph (2), the words “Subject to rule 21(2)(c),” shall be omitted.

(10)

In rule 24, the words “Subject to rule 21(2)(c),” shall be omitted.

(11)

In rule 25–

(a)

in paragraph (1)–

(i)

the words “guardian ad litem,” shall be omitted,

(ii)

in sub-paragraph (d), the words in round brackets shall be omitted, and

(iii)

sub-paragraph (e) shall be omitted; and

(b)

in paragraph (3)—

(i)

sub-paragraph (a) shall be omitted, and

(ii)

in sub-paragraph (d), the words “guardian ad litem,” shall be omitted.

(12)

In rule 26, for the words “sections 21A and 39 of the Act of 1980” there shall be substituted “section 25 of the Act of 1989”.

(13)

In rule 27, the words “or before remitting the case to another court in pursuance of section 2(11) of the Act of 1969” shall be omitted.

(14)

In rule 42—

(a)

for the words “section 22(5) or section 23(2)” there shall be substituted the words “section 23(5)”;

(b)

for the words “said section 23(2)” there shall be substituted “said section 23(5)”; and

(c)

for the words “the care of a local authority” there shall be substituted “local authority accommodation”.

(15)

In rule 43, paragraphs (2)(b) and (3)(b) shall be omitted.

(16)

In Schedule 2–

(a)

in Forms 4 to 6–

(i)

in the headings, the words “care proceedings and” shall in each case be omitted, and

(ii)

for “[1] [15]” there shall in each case be substituted “15”;

(b)

in the headings to Forms 4 and 6, for “ss. 2(4), 16(2)” there shall in each case be substituted “s. 16(2)”;

(c)

in Forms 19, 21 and 32–

(i)

in the headings, for the words “care of local authority” there shall in each case be substituted “local authority accommodation” and for “ss. 20, 23” there shall in each case be substituted “s. 23”,

(ii)

for the words “care of the said council” there shall in each case be substituted “accommodation of the said council”,

(iii)

for the words “keep the defendant in their care” there shall in each case be substituted “accommodate the defendant”, and

(iv)

for the words “the care of a person” there shall in each case be substituted “the charge of a person”;

(d)

in Forms 20 and 22, for the words “the care of a local authority” there shall in each case be substituted “local authority accommodation”;

(e)

in Form 24–

(i)

in the heading, for the words “care of local authority” there shall be substituted “local authority accommodation” and for “s. 23(2), (3)” there shall be substituted “s. 23(5), (6)”,

(ii)

for the words “the care of the” there shall be substituted “the accommodation of the”, and

(iii)

for the words “the care of a local authority” there shall be substituted “local authority accommodation”;

(f)

in Form 25, for the words “care/custody of” in both places where they appear there shall be substituted “accommodation/custody”;

(g)

in Form 33, for the words “the care of a local authority” there shall be substituted “local authority accommodation”;

(h)

in Forms 47 and 48–

(i)

in the headings, for the words “Child Care Act 1980, s. 21A” there shall in each case be substituted “Children Act 1989, s. 25”,

(ii)

for the words “[in the care of] [accommodated by]” there shall in each case be substituted “accommodated by”,

(iii)

for the words “(specify enactment)” there shall in each case be substituted “section 23 of the Children and Young Persons Act 1969”, and

(iv)

for the words “section 21A of the Child Care Act 1980 or in regulations made under sections 21A and 39 of that Act” there shall be substituted “regulations made under section 25 of the Children Act 1989”;

(i)

in Form 47–

(i)

for the words “it is likely that his physical, mental or moral welfare will be at risk” there shall be substituted “he is likely to suffer significant harm”, and

(ii)

for the words “the care of the said council” there shall be substituted “local authority accommodation”;

(j)

in Form 62, in the Schedule thereto, after “section 12” there shall be inserted “or section 12AA”; and

(k)

in Forms 65 and 67, for “sections 12 and 18(2)” there shall in each case be substituted “section 12 or 12AA and section 18(2)”.

Annotations

Footnotes

f1: S.I. 1988/913, amended by S.I. 1989/384.