Cross-border effect of orders: CA 1989 s. 101
Secretary of State may make regulations for orders from NI, Channel Islands, or Isle of Man to have effect in England and Wales, and vice versa, under CA 1989.
The Secretary of State may make regulations providing— for prescribed orders which— are made by a court in Northern Ireland; and appear to the Secretary of State to correspond in their effect to orders which may be made under any provision of this Act, to have effect in prescribed circumstances, for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act; for prescribed orders which— are made by a court in England and Wales; and appear to the Secretary of State to correspond in their effect to orders which may be made under any provision in force in Northern Ireland, to have effect in prescribed circumstances, for prescribed purposes of the law of Northern Ireland, as if they were orders of a prescribed kind made in Northern Ireland. Regulations under subsection (1) may provide for the order concerned to cease to have effect for the purposes of the law of Northern Ireland, or (as the case may be) the law of England and Wales, if prescribed conditions are satisfied. The Secretary of State may make regulations providing for prescribed orders which— are made by a court in the Isle of Man or in any of the Channel Islands; and appear to the Secretary of State to correspond in their effect to orders which may be made under this Act, to have effect in prescribed circumstances for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act. Where a child who is in the care of a local authority is lawfully taken to live in Northern Ireland, the Isle of Man or any of the Channel Islands, the care order in question shall cease to have effect if the conditions prescribed in regulations made by the Secretary of State are satisfied. Any regulations made under this section may— make such consequential amendments (including repeals) in— section 25 of the Children and Young Persons Act 1969 (transfers between England and Wales and Northern Ireland); or section 26 (transfers between England and Wales and Channel Islands or Isle of Man) of that Act, as the Secretary of State considers necessary or expedient; and modify any provision of this Act, in its application (by virtue of the regulations) in relation to an order made otherwise than in England and Wales.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to make regulations so that certain orders made in Northern Ireland, the Channel Islands, or the Isle of Man can be treated as if they were orders made under the Children Act 1989 in England and Wales. The same applies in reverse: orders made in England and Wales can be given effect in Northern Ireland. The orders must correspond in their effect to orders available under the relevant law.
The regulations can also set conditions under which a care order ceases to have effect if the child is lawfully taken to live in Northern Ireland, the Isle of Man, or the Channel Islands.
Additionally, the regulations may amend the Children and Young Persons Act 1969 (sections 25 and 26) and modify any provision of the Children Act 1989 when applying to orders from outside England and Wales.
This is a regulation-making power; it does not by itself change the effect of any order.
When it applies
- A residence order made by a court in Northern Ireland is recognised in England after the Secretary of State's regulations are made.
- A care order made in England ceases to have effect when the child is taken to live in Jersey, if the prescribed conditions are met.
- An order from the Isle of Man that corresponds to a contact order under the Children Act is treated as if it were a contact order in Wales.
- A court in England makes a prohibited steps order; regulations give it effect in Northern Ireland.
- Regulations are made to amend the Children and Young Persons Act 1969 to facilitate transfers between England and Northern Ireland.
What this section does not say
- This section does not directly convert orders; it only empowers the Secretary of State to make regulations.
- It does not apply to orders from Scotland or other countries outside the UK.
- It does not define what 'correspond in their effect' means; that is determined by the Secretary of State.
- It does not automatically cease care orders; conditions must be prescribed in regulations.
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This page reproduces the text of CA 1989 s. 101 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.