Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 125 is up to date with all changes known to be in force on or before 22 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 125:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 8Anti-social behaviour
Parenting contracts and parenting orders
125Parenting contracts and parenting orders: local authorities
(1)
Part 3 of the Anti-social Behaviour Act 2003 (c. 38)
(parental responsibilities) is amended as follows.
(2)
(interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—
“(aa)
a district council in England;”.
(3)
In section 26B (parenting orders: registered social landlords)—
(a)
in subsection (8), after “the local authority” insert “
;
(or, if subsection (8A) applies, each local authority)
”
(b)
“(8A)
This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.”;
(c)
in subsection (10)(a), after “the local authority” insert “
.
(or authorities)
”
(4)
“(3A)
Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—
(a)
the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority’s area;
(b)
the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;
(c)
the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.
(3B)
For the purposes of subsection (3A)(b) and (c)—
(a)
an individual’s local authority is the local authority in whose area the individual resides or appears to reside; but
(b)
if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual’s local authority is to be read as a reference to either of those authorities.”