Child Care (Amendment) Act 2011

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PART 7

Miscellaneous

Transitional provisions.

48.— (1) Where, immediately before the coming into operation of section 10 a child is detained in secure residential accommodation pursuant to an order of the High Court the effect of which is to permit the detention of, and care for, a child in secure residential accommodation to protect his or her welfare and that accommodation is, on the commencement of section 10 , a special care unit, section 23B(2) (as amended by section 10 ) of the Principal Act shall not apply to the child who is the subject of that High Court order for the remainder of the period specified in that High Court order.

(2) Where, immediately before the coming into operation of section 10 , a child has been placed and detained in a special care unit in accordance with a special care order made under section 23B (inserted by the Act of 2001) of the Principal Act—

(a) that special care order shall remain in force from the date on which that section comes into operation until the end of the period for which that order has effect, and

(b) section 23B(2) (as amended by section 10 ) of the Principal Act shall not apply to that child during the period for which that order has effect.

(3) Where, immediately before the coming into operation of section 10 , a child has been placed and detained in a special care unit in accordance with an interim special care order made under section 23C (inserted by the Act of 2001) of the Principal Act—

(a) that interim special care order shall remain in force from the date on which section 10 comes into operation until the end of the period for which it has effect, and

(b) section 23B(2) (as amended by section 10 ) of the Principal Act shall not apply to that child during the period for which that order has effect.

(4) Where, before the coming into operation of section 10 , proceedings have been instituted in the District Court under Part IVA (inserted by the Act of 2001) of the Principal Act and those proceedings have not been determined by the day on which section 10 comes into operation—

(a) those proceedings shall continue to be determined pursuant to that Part notwithstanding its repeal by section 10 ,

(b) any order made pursuant to those proceedings shall remain in force from the date on which it is made until the end of the period for which it has effect, and

(c) section 23B(2) (as amended by section 10 ) of the Principal Act shall not apply to that child during the period for which that order has effect.

(5) An appeal from an order referred to in subsection (2), (3) or (4) shall be treated as proceedings under, and shall continue to be determined pursuant to, Part IVA (inserted by the Act of 2001) of the Principal Act notwithstanding the repeal of that Part by section 10 , and subsections (4)(b) and (4)(c) shall apply to an order made pursuant to such appeal.

(6) A person who immediately before the relevant date was carrying on the business of providing special care to children in a special care unit may continue to do so, notwithstanding section 46 of the Act of 2007, for a period not exceeding one year from the relevant date.

(7) A person referred to in subsection (6) shall notify the chief inspector that the person is carrying on the business referred to in subsection (6), as soon as practicable, but not later than 6 months after the relevant date.

(8) During the period referred to in subsection (6), the Act of 2007 applies to the person referred to in subsection (6) and to the special care unit referred to in subsection (6) as if the special care unit were a registered designated centre under the Act of 2007 and that person is registered as its registered provider.

(9) In subsections (6) to (8)—

“chief inspector” has the meaning assigned to it by the Act of 2007;

“relevant date” means the date on which section 36 comes into operation;

“special care unit” means secure residential accommodation in which children are detained pursuant to an order of the High Court or a special care unit referred to in Part IVA (inserted by the Act of 2001) of the Principal Act, or both, that is a designated centre within the meaning of section 2(1) (as amended by this Act) of the Act of 2007.