Local authorities in England only – CA 1989 s. 16B
CA 1989 s. 16B restricts this Part to local authorities in England. 'Local authority' in this Part means an English local authority unless otherwise stated.
16B This Part applies in relation to local authorities in England. Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.
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 states that the Part of the Children Act 1989 in which it appears applies only to local authorities in England. Whenever that Part refers to 'a local authority', it means a local authority in England, unless the wording of a specific section clearly indicates otherwise.
When it applies
- A local authority in Wales attempts to apply for an order under this Part; this provision tells them the Part does not apply to them.
- A court in England interprets a reference to 'local authority' in a section of this Part; they must read it as meaning only English local authorities.
- A Welsh local authority seeks to be a special guardian under this Part; they are excluded.
- An English local authority relies on a provision in this Part; they are within scope.
- A reader sees a reference to 'local authority' in a section of this Part and wonders if it includes Welsh authorities; this provision clarifies it does not.
What this section does not say
- This provision does not govern the application of other Parts of the Children Act 1989.
- It does not tell you what a local authority in England must do under this Part – only that this Part applies to them.
- It does not affect the meaning of 'local authority' in other Parts of the Act.
- It does not address applications by individuals or other bodies.
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This page reproduces the text of CA 1989 s. 16B 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.