Children Act 1989, section 108

Short title, commencement extent etc

Part XII Miscellaneous and General

(1)This Act may be cited as the Children Act 1989.

(2)Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.

(3)Different dates may be appointed for different provisions of this Act and in relation to different cases.

(4)The minor amendments set out in Schedule 12 shall have effect.

(5)The consequential amendments set out in Schedule 13 shall have effect.

(6)The transitional provisions and savings set out in Schedule 14 shall have effect.

(7)The repeals set out in Schedule 15 shall have effect.

(8)An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—

(a)provisions adding to or modifying the provisions of Schedule 14, and

(b)such adaptations—

(i)of the provisions brought into force by the order; and

(ii)of any provisions of this Act then in force,

as appear to him necessary or expedient in consequence of the partial operation of this Act.

(9)The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.

(10)This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

(11)The following provisions of this Act extend to Scotland—

  • [F1086 section 19;F1086]

  • section 25(8);

  • section 50(13);

  • [F1086 Part X;

  • section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);F1086]

  • section 88;

  • section 104 (so far as necessary);

  • section 105 (so far as necessary);

  • subsections (1) to (3), (8) and (9) and this subsection;

  • in Schedule 2, paragraph 24;

  • in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;

  • in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;

  • in Schedule 14, paragraphs 1, 33 and 34;

  • in Schedule 15, the entries relating to—

(a)M41the Custody of Children Act 1891;

(b)M42the Nurseries and Child Minders Regulation Act 1948;

(c)M43section 53(3) of the Children and Young Persons Act 1963;

(d)M44section 60 of the Health Services and Public Health Act 1968;

(e)M45the Social Work (Scotland) Act 1968;

(f)M46the Adoption (Scotland) Act 1978;

(g)M47the Child Care Act 1980;

(h)M48the Foster Children (Scotland) Act 1984;

(i)M49the Child Abduction and Custody Act 1985; and

(j)M50the Family Law Act 1986.

(12)The following provisions of this Act extend to Northern Ireland—

  • section 50;

  • section 101(1)(b), (2) and (5)(a)(i);

  • subsections (1) to (3), (8) and (9) and this subsection;

  • in Schedule 2, paragraph 24;

  • in Schedule 12, paragraphs 7 to 10, 18 and 27;

  • in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;

  • F1087 in Schedule 14, paragraphs . . ., 28 to 30 and 38(a); and

  • M51,M52 in Schedule 15, the entries relating to the Guardianship of Minors Act 1971, the Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.

Definitions used in section 108 1

the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act

Cases considering section 108 6

Spink & Anor, R (on the application of) v London Borough of Wandsworth

[2005] EWCA Civ 302 · 18 March 2005

Confirms: the amendments made under section 108 removed children from the earlier section 29 regime and added section 28A to the 1970 Act. (see para 20)

O & Anor v Orkney Island Council

[2009] EWHC 3173 (Fam) · 7 December 2009Limits

The judgment relied on section 108(11) as demonstrating that the section 14A provisions did not extend to Scotland. That conclusion supported the allocation of the reporting responsibility to the English local authority. (see para [15])

R (A) v Lambeth London Borough Council

[2001] EWCA Civ 1624 · 5 November 2001Interprets

Section 108(5) amended the National Assistance Act 1948 so that the relevant accommodation provisions applied only to persons aged 18 or over. The court considered how the Children Act’s own accommodation provisions replaced that earlier protection for children. (See Children taken out of the NAA regime; Chadwick LJ's judgment.)

What each judgment says about section 108 is in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F1086Words in s. 108(11) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)
  2. F1087Word in s. 108(12) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 25, Sch. 20; S.I. 1991/1883, art. 3, Sch.

Extent

  1. E5S. 108 extends to England and Wales, except s. 108(1)(3)(8)(9) which extend to the United Kingdom. See s. 108(11)(12).

Marginal citations

  1. M411891 c. 3.
  2. M421948 c. 53.
  3. M431963 c. 37.
  4. M441968 c. 46.
  5. M451968 c. 49.
  6. M461978 c. 28.
  7. M471980 c. 5.
  8. M481984 c. 56.
  9. M491985 c. 60.
  10. M501986 c. 55.
  11. M511971 c. 3.
  12. M521975 c. 72