Section 114 — Children, Young Persons, and Their Families Act 1989: Effect of guardianship order

114 Effect of guardianship order (1) Where the Court makes an order under section 110 of this Act appointing any person as a guardian of any child or young person (whether as sole guardian or as a guardian in addition to any other person),— (a) That person shall be a guardian of that child or young person as if that person had been appointed under section 27 of the Care of Children Act 2004 ; and (b) If the child or young person is, at the time of the making of the order, under the guardianship of the Court under an order made under the Care of Children Act 2004 , that guardianship is suspended during the time when the person appointed under section 110 is the guardian (subject to section 117(2) ). (2) Where the Court makes an order under section 110 of this Act appointing any person as the sole guardian of any child or young person,— (a) Except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and (b) for the purposes of section 92 of the Care of Children Act 2004 ,— (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person; and (c) Subject to any custody order made by the Court under section 101 of this Act, the child or young person shall be deemed to have been placed in the custody of that person pursuant to that section, and the provisions of sections 104 to 107 of this Act, so far as applicable and with all necessary modifications, shall apply accordingly. Compare: 1974 No 72 s 49(1); 1983 No 129 s 13 Subsection (1)(a) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “ under section 27 of the Care of Children Act 2004 ” for “ pursuant to section 8 of the Guardianship Act 1968 ” . Subsection (1)(b) was substituted, as from 3 June 1998, by section 8 Guardianship Amendment Act 1998 (1998 No 48). See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court. Subsection (1)(b) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “ Care of Children Act 2004 ” for “ Guardianship Act 1968 ” . Subsection (2)(b) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).