CHILDREN AND YOUNG PERSONS ACT 2001 Chapter 20

1 Copyright Treasury of the Isle of Man Crown Copyright reserved See introductory page for restrictions on copying and reproduction 1 CHILDREN AND YOUNG PERSONS ACT 2001 Chapter 20 Arrangement of sections PART 1 GENERAL PROVISIONS General principle 1. Welfare of the child Parental responsibility 2. Meaning of 'parental responsibility' 3. Parental responsibility for CHILDREN 4. Acquisition of parental responsibility by natural father Marital CHILDREN 5. Meaning of 'marital child' Guardianship 6. Appointment of guardian by High Court 7. Appointment of guardian by parent etc.

2 8. Termination of appointment Supplemental 9. Duration of orders 10. Restriction on further applications PART 2 ORDERS WITH RESPECT TO CHILDREN 11. Orders with respect to CHILDREN 12. orders: further provisions 13. Leave to apply for order 14. Restrictions on making orders 15. Duration of orders 16. Effect of residence order 17. Enforcement of certain residence orders 18. Financial provision orders 19. Jurisdiction CHILDREN and YOUNG PERSONS Act 2001 2 20. Wardship 21. Restriction on further applications PART 3 GENERAL FUNCTIONS OF DEPARTMENT General 22.

3 General duties of Department 23. Functions of Department in relation to CHILDREN in danger or need 24. Duties of Department where it looks after CHILDREN Provision of accommodation for CHILDREN 25. Provision of accommodation 26. Manner in which accommodation may be provided 27. Secure accommodation Supplemental 28. Regulations 29. Investigations 30. Reports PART 4 CARE AND SUPERVISION 31. Care and supervision orders 32. Effect of care order 33. Parental contact etc. with CHILDREN in care 34. Supervision orders 35. Interim orders 36.

4 Power to include exclusion requirement in interim care order 37. Revocation etc. of care orders 38. Duration of care orders 39. Orders etc. pending appeal 40. Restrictions on applications PART 5 PROTECTION OF CHILDREN 41. Assessment orders 42. Emergency protection orders 43. Power to include exclusion requirement in emergency protection order 44. Duration of emergency protection orders etc. CHILDREN and YOUNG PERSONS Act 2001 3 45. Removal by police 46. Department's duty to investigate 47. Discovery of CHILDREN in need of protection 48.

5 Abduction of person in care 49. Recovery of abducted person PART 6 CHILDREN 'S HOMES 50. Introductory 51. Registration of CHILDREN 's homes 52. Disqualifications 53. Regulations as to CHILDREN 's homes 54. Welfare of CHILDREN in homes 55. Duties of Department 56. Appeals PART 7 FOSTERING, CHILD-MINDING AND DAY CARE Fostering 57. Private fostering 58. Disqualifications 59. Restrictions on private fostering 60. Regulations as to fostering 61. Fostering limit 62. Welfare of privately fostered CHILDREN Child-minding and day care 63.

6 Child-minding and day care 64. Registration 65. Disqualifications 66. Emergency cancellation etc. General 67. Inspection of premises 68. Appeals CHILDREN and YOUNG PERSONS Act 2001 4 PART 8 PROCEEDINGS INVOLVING CHILDREN AND YOUNG PERSONS Proceedings involving CHILDREN and YOUNG PERSONS 69. General considerations 70. Age of criminal responsibility 71. Separation of CHILDREN and YOUNG PERSONS from adults in courts etc. 72. Bail or detention of CHILDREN and YOUNG PERSONS arrested 73. Detention of child or YOUNG person 74. CHILDREN in court during trials 75.

7 Clearing court while child or YOUNG person is giving evidence 76. Remand or committal of child or YOUNG person 77. Evidence by minors 78. Admissibility of hearsay evidence 79. Powers in relation to certain offences 80. Identification of child or YOUNG person in media 81. Findings of guilt etc. 82. Power to impose penalty etc. on parent of child or YOUNG person Supervision orders in criminal proceedings 83. Power to make supervision order in criminal proceedings PART 9 FERTILISATION, SURROGACY ETC. Human fertilisation and embryology 84. Prohibition on activities connected with embryos etc.

8 85. Provision for licensing of certain activities 86. Meaning of "mother" 87. Meaning of "father" 88. Effect of sections 86 & 87 89. Parental orders in favour of donors Surrogacy arrangements 90. Surrogacy arrangements unenforceable 91. Negotiating surrogacy arrangements 92. Bodies negotiating surrogacy arrangements etc. 93. Advertisements about surrogacy CHILDREN and YOUNG PERSONS Act 2001 5 Supplemental 94. Offences under Part 9 95. Interpretation of Part 9 PART 10 MISCELLANEOUS AND SUPPLEMENTAL 96. Representation of child in family proceedings 97.

9 Appeals to High Court 98. Inspection of premises 99. Search warrants 100. Education supervision orders 101. Welfare of CHILDREN accommodated in independent schools 102. Interpretation general 103. Reciprocal effect of orders 104. Subordinate legislation 105. Transitional provisions, amendments and repeals 106. Short title and commencement SCHEDULE 1 FINANCIAL PROVISION FOR CHILDREN SCHEDULE 2 CHILDREN LOOKED AFTER BY DEPARTMENT SCHEDULE 3 CONTRIBUTIONS TOWARDS MAINTENANCE SCHEDULE 4 SUPERVISION ORDERS SCHEDULE 5 EXCLUSION REQUIREMENTS &c SCHEDULE 6 REGISTRATION OF CHILDREN 'S HOMES SCHEDULE 7 REGISTRATION OF CHILD-MINDERS ETC SCHEDULE 8 OFFENCES REFERRED TO IN SECTION 79 SCHEDULE 9 SUPERVISION ORDERS IN CRIMINAL PROCEEDINGS SCHEDULE 10 NEW SCHEDULE INSERTED IN 1949 ACT SCHEDULE 11 TRANSITIONAL PROVISIONS SCHEDULE 12 AMENDMENT OF ENACTMENTS SCHEDULE 13 ENACTMENTS REPEALED CHILDREN

10 And YOUNG PERSONS Act 2001 6 Signed in Tynwald: 10th July 2001 Received Royal Assent: 10th July 2001 Announced to Tynwald: 11th July 2001 Passed: 11th July 2001 AN ACT to re-enact Parts I and II of the Family Law Act 1991; to reform the law relating to CHILDREN ; to provide for social services for CHILDREN in danger and in need; to provide for the regulation of CHILDREN 's homes, fostering, child minding and day care; to make new provision for human fertilisation, embryology and surrogacy; and for connected purposes. E, your Majesty s most dutiful and loyal subjects, the Council and Keys of the said Isle, do humbly beseech your Majesty that it may be enacted, and be it enacted, by the Queen s Most Excellent Majesty, by and with the advice and consent of the Council and Keys in Tynwald assembled, and by the authority of the same, as follows (that is to say): PART 1 GENERAL PROVISIONS General principle 1.