Section 3 Additional provisions as to supervision orders.C3C1C2
England and Wales
Where the court makes an order under section 2(2)(a) above (in this section referred to as a “supervision order”), and the order provides for supervision by a probation officer, then—
if it is an order of the High Court, the officer responsible for carrying out the order shall be such probation officer as may be selected under arrangements made by the Secretary of State; and
in any other case the order shall be for supervision by a probation officer appointed for or assigned to the petty sessions area in which, in the opinion of the court, the F1child is or will be resident, and the officer responsible for carrying out the order shall be selected in like manner as if the order were a probation order.
A supervision order shall cease to have effect when the child attains F2the age of 18 . . . F3
the order may direct that it is to cease to have effect if for a period of three months after it is made they continue to reside together; and
the order (whether or not it includes a direction under paragraph (a) above) may direct that it is not to operate while they are residing together.
A supervision order may be varied or discharged by a subsequent order made on the application of either parent or after the death of either parent, on the application of any guardian under the M1Guardianship of Minors Act 1971, . . . F4 or on that of the probation officer or local authority having the supervision of the child by virtue of the order; and section 16 of that Act shall have effect in relation to applications under this subsection as it has effect in relation to applications under that Act, . . . .
Without prejudice to subsection (3) above, in relation to supervision orders of magistrates’ courts the rules made under F5section 144 of the Magistrates’ Courts Act 1980 may make provision for substituting from time to time a probation officer appointed for or assigned to a different petty sessions area or, as the case may be, a different local authority, if in the opinion of the court the child is or will be resident in that petty sessions area or, as the case may be, in the area of that authority.
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Annotations
Textual amendments
- F1
Word substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 53
- F2
Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 38(3)
- F3
Words repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Sch. 3
- F4
Words repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. XII
- F5
Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 116
- F6
S. 3(5) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. 111
Marginal citations
- M1
Modifications
- C1
S. 3 extended by Children Act 1975 (c. 72, SIF 49:9, 10), 17(3), 36(6)
- C2
S. 3 applied with modification by Children Act 1975 (c. 72, SIF 49:9, 10), s. 34(5); Domestic Proceedings and Magistrates Courts Act 1978 (c. 22), s. 64
- C3
Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
Notes on Part I
Modifications
- C1
Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)