Statutory Instruments
FAMILY LAW
Made
27th August 1998
Laid before Parliament
3rd September 1998
Coming into force
30th September 1998
The Lord Chancellor, in exercise of the powers conferred on him by paragraph 2 of Schedule 11 to the Children Act 1989(1), makes the following Order:
1. This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order 1998 and shall come into force on 30th September 1998.
2. In article 6(2)(c) of the Children (Allocation of Proceedings) Order 1991(2), after "of article 3(1)", there shall be inserted:
";
(d)under section 11 of the Crime and Disorder Act 1998 (child safety orders)(3)".
Irvine of Lairg, C.
Dated 27th August 1998
(This note is not part of the Order)
Child safety orders are made under section 11 of the Crime and Disorder Act 1998. By virtue of section 11(6) of, and paragraph 68 of Schedule 8 to, the 1998 Act, proceedings for a child safety order are family proceedings for the purposes of the Children Act 1989.
This Order amends the Children (Allocation of Proceedings) Order 1991, which deals with the allocation and transfer between courts of family proceedings, so as to provide for the transfer of child safety order proceedings between magistrates' courts in accordance with the provisions of the 1991 Order.
1989 c. 41; paragraph 2 of Schedule 11 was amended by the Child Support Act 1991 (c. 48), section 45(3) and (5). Section 8, which defines "family proceedings", was amended by paragraph 60(1) of Schedule 8 to the Family Law Act 1996 (c. 27) and by paragraph 68 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37).