Child Care Act 1980 (repealed 14.10.1991)

Section 89.

SCHEDULE 4E+W Transitional Provisions and Savings

Children in care under Children Act 1948E+W

1Any reference in this Act to a child in the care of a local authority under section 2 of this Act shall be construed as including a reference to a child received into the care of the authority under section 1 of the M1Children Act 1948.

Children in care by virtue of an order which is deemed to be a care orderE+W

2Any reference in this Act to a care order committing a child to the care of a local authority shall be construed as including an order made under the M2Children and Young Persons Act 1933 which is deemed, by virtue of Schedule 4 to the M3Children and Young Persons Act 1969, to be a care order committing the child to the care of that authority.

3Sections 23 and 29 of this Act shall apply in relation to a child who is or has been in the care of a local authority by virtue of an order made under the Children and Young Persons Act 1933 which is deemed by virtue of paragraph 8 of Schedule 4 to the Children and Young Persons Act 1969 to be a care order as they apply in relation to a child who is or has been in the care of a local authority under section 2 of this Act.

Periods of timeE+W

4Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

CustodiansE+W

5If at the commencement of this Act section 33 of the M4Children Act 1975 (which relates to custodianship orders) is not in force, then, until that section is in force,—

(a)section 3 of this Act shall have effect as if in subsections (1) and (10) the words “or custodian” were omitted; and

(b)section 5 of this Act shall have effect as if in subsection (1)(a) for the words “parent, guardian or custodian” there were substituted the words “parent or guardian”.

Children in care by virtue of order under Matrimonial Proceedings (Magistrates’ Courts) Act 1960E+W

6Sections 23 and 29 of this Act shall apply in relation to a child who is or has been in the care of a local authority by virtue of an order made under the M5Matrimonial Proceedings (Magistrates’ Courts) Act 1960 as they apply in relation to a child who is or has been in the care of a local authority under section 2 of this Act.

References to section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978E+W

7If at the commencement of this Act section 9 of the M6Domestic Proceedings and Magistrates’ Courts Act 1978 (which relates to supervision orders) is not in force then, until that section is in force, the references in sections 78 and 79 of this Act to that section shall be construed as references to section 2(1)(f) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960.

References to provisions of Adoption Act 1976 and Adoption (Scotland) Act 1978E+W

8If at the commencement of this Act any provision of the M7Adoption Act 1976 or the M8Adoption (Scotland) Act 1978 referred to in this Act is not in force, then any reference in this Act to that provision shall, until that provision is in force, be construed as a reference to the enactment for which that provision, when it is in force, will be substituted.

Saving of amendmentsE+W

9Notwithstanding the repeal by this Act of section 60 of and Schedule 3 to the Children Act 1948, the amendments made by that Schedule to the Children and Young Persons Act 1933 shall continue to have the same effect as they had immediately before the commencement of this Act.