Extension to Channel Islands, CA 1989 s. 107
CA 1989 s. 107 allows Her Majesty by Order in Council to extend any provisions of the Act to the Channel Islands, with specified exceptions and modifications.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the Order.
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 Crown the power to make an Order in Council that applies part or all of the Children Act 1989 to the Channel Islands (Jersey and Guernsey). The Order can include exceptions or modifications to fit local law.
An Order in Council is a formal legal instrument made by the Privy Council on behalf of the monarch. It is not a court order. The decision to extend the Act is a government action, not something a person can ask a court to do.
If the Act has not been extended to a particular Channel Island, its provisions do not automatically apply there. The section only creates the possibility of extension; it does not itself apply any rules.
When it applies
- The UK government issues an Order in Council to apply the child welfare duty in section 1 to Jersey.
- A constable's power to search for a child under section 102 is extended to Guernsey with modifications for local police procedures.
- The restrictions on wardship jurisdiction in section 100 are extended to the Channel Islands, but with an exception for the Royal Court of Jersey.
- An Order in Council is made to apply the enforcement order provisions (section 11J) to the Channel Islands, subject to a modified penalty.
What this section does not say
- It does not make any provision of the Act automatically apply to the Channel Islands without an Order in Council.
- It does not give an individual the right to demand that the Act be extended to a Channel Island.
- It does not cover the Isle of Man – that is dealt with separately under section 101 and section 108.
- It does not create any new powers for Channel Island courts or authorities – only the UK government can initiate the extension.
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This page reproduces the text of CA 1989 s. 107 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.