1 Graham and Bowling (1995) "Young People and Crime" Home Office Research Study 145
² Family backgrounds of aggressive youths by D P Farrington (In Aggressive and anti-social behaviour in childhood and adolescence by L Hersov et al. Pergamon Press, 1978. ISBN 0080218105) Graham and Bowling (1995) "Young People and Crime" Home Office Research Study 145
² Family backgrounds of aggressive youths by D P Farrington (In Aggressive and anti-social behaviour in childhood and adolescence by L Hersov et al. Pergamon Press, 1978. ISBN 0080218105)

2.5 In the United States, a study as long ago as 1973 showed that by training parents in negotiation skills, in sticking to clear rules and rewarding good behaviour, offending rates among children were halved³. The parenting order is intended to provide the courts with an opportunity to secure the attendance of parents at such courses where they believe this would help prevent further offending or the recurrence of behaviour which puts the child or young person at risk of offending. The new order also allows certain requirements to be imposed. The Government believes that for many parents whose children get into trouble, help from trained professionals and contact with other parents in the same situation may prove invaluable.

³ Short term behavioural intervention with delinquent families: impact on family process and recidivism by J F Aleaxander and B V Parsons (In Journal of abnormal psychology, 81(3) 1973)

Section 3: Description of the Order

3.1 The parenting order can consist of two elements. The first imposes a requirement on the parent or guardian to attend counselling or guidance sessions where they will receive help and support in dealing with their child. This element will normally form the core of the parenting order and must, with one exception, be imposed in all cases when an order is made. (The exception is where the parent or guardian has previously received a parenting order - section 8(5)). They will be able to learn, for example, how to set and enforce consistent standards of behaviour, and how to respond more effectively to challenging adolescent demands. Section 8(4)(b) provides that parents can be required to attend a counselling or guidance session no more than once a week for up to three months.

3.2 The second element, which is discretionary, is requirements on the parent or guardian to exercise control over their child’s behaviour. These could include seeing that the child gets to school every day, or ensuring that he or she is home by a certain time at night. Section 8(4)(a) provides that this element can last for up to 12 months; it will be for the court to decide how long such requirements should run taking account of the circumstances of the case. For example, if the order is made where a young person is convicted of an offence and the court makes the young person subject to a court order, the length of the parenting order could be linked to that order.

3.3 All elements of the parenting order will be supervised by the responsible officer, who will generally be a member of the local youth offending team. It is the duty of the youth offending team to co-ordinate the provision of persons to act as responsible officers under a parenting order (section 38(4)(f)) and how this is to be delivered should be set out in the local youth justice plan (section 40(1)). The responsible officer will have responsibility for, amongst other things, arranging the provision of counselling or guidance sessions and ensuring that the parent complies with any other requirements which the court may impose.

3.4 The operation of the parenting order, in the family proceedings court or in a magistrates’ court acting under civil jurisdiction, may fall outside the formal youth justice system, that is the system of criminal justice for offenders aged 10-17. However, the parenting order is intended, by reinforcing or securing proper parental responsibility, to prevent offending, which section 37 of the 1998 Act establishes as the principal aim of the youth justice system. That section also requires all those working within the youth justice system, in addition to any other duties to which they are subject, to have regard to that aim. It therefore helps set the overall framework within which work with young offenders, and their parents, is to be undertaken.

Section 4: Procedure

(a) Availability of the order

4.1 A parenting order may be imposed in any court proceedings where:

(a) a child safety order has been made (section 8(1)(a));

(b) an anti-social behaviour order or sex offender order has been made in respect of a child or young person (section 8(1)(b));

(c) a child or young person has been convicted of an offence (section 8(1)(c)); or

(d) a person has been convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the Education Act 1996 (section 8(1)(d)).

4.2 This means that parenting orders can be made in any of the following courts:

(i) a family proceedings court;

(ii) a magistrates’ court acting under civil jurisdiction;

(iii) all criminal courts, ie a youth court, an adult magistrates’ court or the Crown Court.

4.3 The parenting order is made under the court’s own motion (a suggested form for the order is at Annex B). The consent of the parent or guardian is not required.

4.4 Section 8(6) sets out the relevant conditions, one of which must apply before the court can make a parenting order. They are that the order would be desirable in the interests of preventing:

(a) a repetition of the kind of behaviour which led to a child safety order, an anti-social behaviour order or a sex offender order being made;

(b) the commission of further offences, where the child or young person has been convicted of an offence; or

(c) the commission of further offences under sections 443 and 444 of the Education Act 1996, where such an offence has been committed, and the parenting order may be given in addition to any fine that the court may impose for conviction of such offences.

4.5 The court has discretion to consider all the circumstances of the cases in deciding whether it is desirable to make a parenting order. The court may wish to consider, for example, how much help, support and encouragement the parent or guardian has offered their child, and whether they are willing to receive assistance and support from the youth offending team or other provider on a voluntary basis.

4.6 Under section 9(1) where a child or young person under the age of 16 has been convicted of an offence, the court shall make a parenting order if it satisfied that it desirable to do so in the interests of preventing further offending by him or her. If it is not so satisfied, the court must state this in open court and explain why.

(b) Definition of parent and guardian

4.7 The order can be made on a parent or guardian of a child or young person (that is under the age of 18). In sections 8-10 of the 1998 Act any reference to parent includes a reference to guardian.

4.8 For all purposes of the 1998 Act the term ‘parent’ has the same meaning as that contained in section 1 of the Family Law Reform Act 1987, that is either of the child or young person’s natural parents whether or not they were married to each other at the time of the child or young person’s birth. There is one exception - in relation to proceedings under section 443 or section 444 of the Education Act 1996, ‘parent’ has the definition set out in section 576 of the 1996 Act, and additionally includes someone who though not a parent has parental responsibility (as defined in the Children Act 1989) or who has care of the child or young person.

4.9 ‘Guardian’ is defined in section 117 of the 1998 Act with reference to section 107 of the Children and Young Persons Act 1933, and includes any person who, in the opinion of the court, has for the time being the care of the child or young person. This is not the same as a guardian appointed under section 5 of the Children Act 1989, but may include people who may not have parental responsibility for the child or young person as defined by the 1989 Act, such as step parents.

4.10 A parent or guardian of a child or young person should be involved in promoting that child or young person’s welfare and fulfilling their parental responsibilities towards them. The order may be made in respect of one or both parents or guardians; it will be a matter for the court to decide based on the circumstances of the case.

(c) Parental attendance at court

4.11 The Government believes that parents have an important role to play in supporting their children when they are involved in any court proceedings. Magistrates’ courts, including youth courts, have powers to enforce parental attendance at court where appropriate.

(i) In a criminal court or a magistrates’ court acting under civil jurisdiction

4.12 Section 34A of the Children and Young Persons Act 1933 provides that, where a child or young person is charged with an offence or is for any other reason brought before a court, the court may in any case and shall in the case of a child or young person who is under the age of 16 require a person who is a parent or guardian to attend at the court during all stages of the proceedings, unless the court is satisfied that it would be unreasonable to do so. The court can issue a summons to secure the attendance of the parent or guardian.

4.13 Section 34A of the 1933 Act applies equally to magistrates’ courts dealing with civil proceedings as it does to magistrates’ courts dealing with criminal proceedings. Because the provision relates not only to offences but to cases where the child or young person is for any other reason brought before the court, section 34A applies in the case of all proceedings in relation to parenting orders where the child or young person is brought before the court and his or her actions act as the trigger for the parenting order. Parents who fail to attend such hearings will be subject to the existing rules of those courts.

(ii) In a family proceedings court

4.14 In the case of applications for the child safety order, though the order is directed at the child, the child is not required to attend the proceedings. Section 34A of the 1933 Act is not therefore applicable. The court can instead rely on the existing Family Proceedings Courts (Children Act 1989) Rules 1991 to involve a parent or guardian in the proceedings. In child safety order applications the parent or guardian as a party to the proceedings is required to attend the proceedings as appropriate.

4.15 Section 34A of the 1933 Act does not apply to proceedings under the Education Act 1996. The person charged with either of the two offences under the 1996 Act should have been summonsed to attend those proceedings on the laying of an information.

(d) Information about family circumstances

4.16 There is no requirement for the court to consider an oral or written report before making a parenting order, but in some circumstances the court has to obtain and consider information about the family circumstances. How and in what form the court obtains and considers that information is for the court to determine.

4.17 Under section 9(2) before making a parenting order where a child safety order has been made, or where the child or young person is under the age of 16, the court must obtain and consider information about the parent’s family circumstances and the likely effect of the order on those circumstances. Where a young person is aged 16 or 17, the court may obtain such information but is not required to do so.

4.18 This recognises that juveniles aged 16 and 17 are at a transitional stage between childhood and adulthood and the considerations which apply to them should reflect this development towards adulthood. The emotional, social, intellectual and physical development of 16 and 17 year olds will vary greatly, as will their circumstances. Some may have left school, be living independently of their parents and possibly have family responsibilities of their own. Others may be in full-time education and fully dependent upon their parents.

4.19 What form the information about family circumstances should take - whether it should be presented orally or in writing - will be for the court to determine depending on the circumstances of the case. There is no requirement for a written report, but the information could be incorporated in such a report (eg a reparation or action plan order report or pre-sentence report) if one has been commissioned or provided in a separate written assessment. Alternatively, the court may rely on an oral report in court (eg where the family circumstances are known to the youth offending team), or ask questions of the parent or guardian or of the child or young person if they are present in court.

4.20 It is important that the youth offending team, or the local authority social services or education department or the police force responsible for the relevant proceedings, recognises that the court may need to consider information about family circumstances in relation to a parenting order and may look to it to provide the information in most cases. Inter-agency liaison prior to the proceedings can help to ensure that the information is available should it be required, so that unnecessary delays are avoided.

(e) Explaining the order to the parent or guardian

4.21 Under section 9(3) before making a parenting order the court must explain clearly to the parent or guardian the effect of the order and of its requirements; the consequences which may follow if he or she fails to comply with any of the requirements; and that the court has the power to review the order on the application of the parent or guardian or of the responsible officer. This requirement can be fulfilled orally where the parent or guardian is present in court.

4.22 Where the parent or guardian is not present (attendance is dealt with in paragraphs 4.11-4.15), the court will need to consider an alternative way of complying with this requirement before it can make a parenting order. One means of doing so would be to write to the parent or guardian. The letter should indicate that the court has decided to make a parenting order in respect of them and give the date of the hearing at which the order will be made; should explain the effect of the order, the nature of the requirements and the consequences of non-compliance; and should invite the parent or guardian to attend the hearing at which the order will be made. The letter could be delivered by the youth offending team or other agency responsible for the relevant proceedings.

4.23 The parenting order may be used in circumstances where the child or young person is in the care of the local authority or living in local authority accommodation, but it should be used with care. There are particular factors which the court will wish to consider before it decides to impose an order in such circumstances.

4.24 For those children who are subject to a care order the local authority has day-to-day parental responsibility for the child, and where the child is with foster parents, the foster parents have that responsibility. In other cases a child subject to a care order may still be living at home.

4.25 The court should only consider imposing a parenting order where the child is in the care of a local authority or living in local authority accommodation where it believes that the parent or guardian of the child or young person would benefit from the help and support which would be offered by a parenting order. The core element of the order is the requirement under section 8(4)(b) to attend counselling or guidance sessions and it is this element which could be imposed on the child or young person’s parent or guardian in the expectation that it might help lead to the eventual return of the child or young person to their parent or guardian. It would be inappropriate to impose this element of the order on the local authority or those acting on its behalf, including foster parents. But the court may consider that, in exceptional circumstances, in addition to a requirement on the parent(s) of the child or young person to attend counselling or guidance sessions, there could be a need to impose specific requirements under section 8(4)(a) on the local authority, or those acting on its behalf, to help address, for example, the child or young person’s offending behaviour or any other reason why the child or young person was before the court.

Section 5: Requirements of a Parenting Order

5.1 Under section 9(4) the requirements specified in parenting order or in directions given under the order should, as far as practicable, avoid any conflict with the parent’s religious beliefs and any interference with the times at which the parent normally works or attends an educational establishment. A balance will need to be struck between imposing requirements that address the problems which led to the imposition of the parenting order and these other issues.

(a) Counselling or guidance sessions

5.2 The core requirement of a parenting order is that the parent attends counselling or guidance sessions as specified in directions given by the responsible officer. Under section 8(4)(b) the requirement to attend counselling or guidance sessions can last for up to three months and can involve attendance no more than once a week. The arrangements for meeting this requirement should be as flexible as possible, not least to take account of the availability and timing of such sessions. The counselling or guidance sessions may be provided by the responsible officer or by another provider, such as the local authority social services department or a local voluntary sector organisation working with parents. The youth justice plan drawn up by the local authority under section 40(1) should set out the general arrangements for delivering parenting orders.

5.3 The court will decide the length of this requirement. It should be such as to allow for a sufficient number of weekly sessions – the experience of the pilots suggests that this should be no less than 6 or 7 two-hour sessions. The period of up to three months for this requirement must run concurrently with the overall length of the order and any specific requirements under section 8(4)(a) but, taking account of the availability of appropriate counselling and guidance sessions, does not have to run from the date the order is made.

5.4 The responsible officer will need, in consultation with the provider of any parenting course or group where appropriate, to make an assessment about the nature of the counselling or guidance sessions in which the parent(s) should take part. This should cover such questions as who will administer the sessions; whether they should be group or individually-based; and whether there are particular cultural and social factors to be considered.

5.5 During the course of the parent’s attendance at the counselling or guidance sessions the parent, the responsible officer and the session organiser (if different) will need to consider the progress which is being made – the frequency of this will depend on the extent to which the responsible officer is directly involved in the delivery of the sessions. The parent might also find it helpful to be involved in some voluntary follow-up work when the order has been completed; this might involve attending a parent support group or similar activity.

(b) Other requirements

5.6 Under section 8(4)(a) the court may include in a parenting order a requirement for the parent to comply for a period of not more than 12 months with such requirements as are specified in the order. Under section 8(7) these may be such as the court considers desirable in the interests of preventing any repetition of the behaviour which led to the child safety, anti-social behaviour or sex offender order being made, or the commission of any further offence by the child or young person or under section 443 or 444 of the Education Act 1996.

5.7 The requirements imposed under this element of the order will need to be tailored to address the problems which caused the court to make the parenting order and should, if possible, be linked to the requirements of any order imposed on the child or young person. They could include requiring the parent to ensure that their child:

• attends school or other relevant educational activities, such as mentoring in literacy or numeracy or a homework club
• avoids contact with disruptive and possibly older children;
• avoids visiting certain areas, such as shopping centres, unsupervised;
• is home during certain hours at night and is effectively supervised; or
• requiring the parent to attend or ensure that their child attends a programme or course to address relevant problems, such as anger management or drug or alcohol misuse.

Section 6: Role of the Responsible Officer

6.1 Under section 8(8) a parenting order must specify a responsible officer, who will generally be a member of a youth offending team but may be a social worker of a local authority social services department or a probation officer outside such a team. (The current Criminal Justice and Court Services Bill would extend this flexibility to include a person nominated by the chief education officer who is working outside the team, such as an education welfare officer or social worker, which could be particularly helpful where a parenting order is made in Education Act proceedings). The responsible officer will provide or arrange for the provision of counselling or guidance sessions, and will supervise any other requirements included in the order.

6.2 The arrangements for providing responsible officers have to be co-ordinated by the youth offending team. Where a member of the team is not present in court, the relevant social worker or other person present in court will need to consult the youth offending team – if possible, in advance of the proceedings - before advice is provided to the court. Where a parenting order is made in respect of the parent of a young offender being or to be supervised by the youth offending team, it may be appropriate for a member of the team to act as responsible officer under the parenting order, to help ensure a coherent approach to the family situation as a whole. Similarly, where a child subject to a child safety order is being dealt with by the social services department, it may be appropriate for a social worker from the social services department to act as responsible officer under the parenting order, again to help ensure consistency of approach to the circumstances of the family.

6.3 Under paragraph 7.5.2 of the National Standards the initial contact between the responsible officer and the parent should take place before the end of the next working day after the order is made. The initial meeting should be an opportunity for the responsible officer to explain further to the parent the nature of the parenting order (and provide him or her with a copy of the order), its purpose and how it will work in practice. The practical details of the requirements will need to be set out, the monitoring arrangements described and the consequences of failure to comply with any requirements explained. Under paragraph 7.5.3 if the counselling or guidance sessions under the order are to be provided by someone other than the responsible officer, a pre-meeting between the parent and that person should take place no more than two weeks before the sessions are due to start.

6.4 The success of the relationship between the parent or guardian and the responsible officer will be a key feature of the successful completion of the order. Whilst the requirements of the parenting order are in force, the responsible officer should maintain good contact with the parent or guardian. This should enable the responsible officer to determine the extent to which the parent or guardian is complying with the requirements set by the court. If the requirements are proving difficult to comply with through no fault of the parent or guardian, the responsible officer may consider the need to apply to the court for the order to be varied.

Section 7: Variation and Discharge

7.1 Section 9(5) provides that while a parenting order is in force the court which made the order may, on the application of the responsible officer or the parent or guardian, vary or discharge it. Under Rule 114 of the Magistrates’ Courts Rules 1981 (inserted by Rule 4(4) of the Magistrates’ Courts (Miscellaneous Amendments) Rules 1998), application is by complaint. These are civil procedures and are governed by sections 51-57 of the Magistrates’ Courts Act 1980 and Rules 4 and 98 of the 1981 Rules. These sections and Rules deal with, amongst other things, the issuing of summonses and the non-appearance of the parties.

7.2 The order can be varied either by inserting in the order (in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had the power to make the order and were exercising that power, or by cancelling any provision included in the order. Parenting orders may be varied for a number of reasons. For example, where the family moves to another area or where the requirements are not proving effective in fulfilling the relevant condition under section 8(6).

7.3 Under section 9(6) where an application for the discharge of a parenting order has been dismissed, no further application may be made without the court’s consent. This is largely to prevent spurious or repeat applications.

Section 8: Appeals

8.1 Under section 10(1), (4) and (5) where a parenting order has been made:

• in same proceedings as a child safety order, an appeal against the parenting order shall lie to the High Court, that is to the Divisional Court of the Queen’s Bench Division;
• in the same proceedings as an anti-social behaviour order or sex offender order, an appeal against the parenting order shall lie to the Crown Court;
• where a child or young person has been convicted of an offence, the person who has received the parenting order shall have the same right of appeal against that order as if the offence that led to the making of the order were an offence committed by them and the order was a sentence passed on them for that offence. For example, if the parenting order was made in a youth court, the appeal would lie to the Crown Court and, if the parenting order was made in the Crown Court, the appeal would lie to the Court of Appeal; and
• in proceedings where a person has been convicted of an offence under section 443 or 444 of the Education Act 1996, that person shall have the same right of appeal as if the order were a sentence passed on them for that offence.

Section 9: Breech

9.1 The parenting order is primarily designed to help and support parents (or guardians) in addressing their child’s behaviour. The responsible officer should be seeking to secure and maintain the parent’s co-operation and compliance with the requirements of the order to ensure that it is successfully completed, and will need to make a judgement about what is reasonable in all the circumstances of the case.

9.2 Under paragraph 7.5.6 of the National Standards if a parent fails to comply with a requirement of the order, the responsible officer should make contact with the parent within one working day by visit, telephone or letter. If there is no acceptable reason for the non-compliance, the responsible officer should give the parent a written warning and if possible a warning in person.

9.3 If the parent has good reason for the failure to comply with the requirements of the parenting order, it may be appropriate for the responsible officer to consider whether to apply to the court for the terms of the order to be varied.

9.4 Under paragraph 7.5.7 of the National Standards in the event of more than one unacceptable failure to comply within a period of three months, the responsible officer should meet the parent to review the order and how it can be made to work. In the light of this discussion the responsible officer should consider whether the failure to comply should be reported to the police for investigation. Whatever course of action is chosen, the responsible officer should ensure that a written record is kept.

9.5 Failure to comply with a parenting order is not an arrestable offence for the purposes of the Police and Criminal Evidence Act 1984 (PACE). If the matter is reported to them, the police will give the results of their investigation to the Crown Prosecution Service, who will determine whether or not a prosecution should be brought. The CPS will have to satisfy itself that there is sufficient evidence to prosecute, and then consider whether or not it is in the public interest to bring a prosecution, having regard to all the circumstances of the case. If the parenting order was made in the family proceedings court, the CPS will only have access to the court papers with the leave of the relevant justices’ clerk or the court.

9.6 If a prosecution is brought, there will be a hearing to determine whether the parent is guilty of failing without reasonable excuse to comply with a requirement of a parenting order. In all cases this will be heard in the adult magistrates’ court, except when the parent or guardian is under 18 where it would be more appropriate for the case to be heard in a youth court. The hearing will provide an opportunity for the parent to explain why a failure to comply with a requirement of the order has occurred.

9.7 Under section 9(7) if the parent is convicted, he or she will be liable to a fine not exceeding level 3 on the standard scale (up to £1,000). The offence is not a recordable offence for the purposes of PACE. The decision on the nature and level of penalty to impose will be a matter for the court following consideration of all the facts of the case, such as the family circumstances or the means of the parents. The court is not prevented from imposing any sentence that is available for a non-imprisonable offence. In addition to a fine up to £1,000, the court will therefore have available to it an absolute or conditional discharge, probation order or curfew order; the imposition of a community sentence would be subject to the restrictions set out in sections 6 and 7 of the Criminal Justice Act 1991.

Section 10: Legal Services

10.1 Funding for legal representation in proceedings under section 8(1)(a), (b) and (c) (in the Crown Court) of the 1998 Act may be available from the Community Legal Service Fund. Applications for funding will be considered by the Legal Services Commission, formerly the Legal Aid Board, and will be subject to the specified criteria under the Funding Code, implemented in April 2000 under the Access to Justice Act 1999.

10.2 Where a parenting order is being made in proceedings under section 8(1)(c) (in the youth court), court-granted advice and assistance is available. Such advice and assistance is also available when an application is made to vary or discharge a parenting order made in such proceedings; the duty solicitor may also be available for parents or guardians when the application is minor. In proceedings for failure to comply with, or for appeal against, a parenting order made in proceedings under section 8(1)(c), right to representation, subject to the usual tests, is available. If appropriate to the circumstances of the hearing, the duty solicitor may also deal with proceedings for failure to comply.

10.3 Right to representation, subject to the usual tests, is available where a parenting order is being made in proceedings under section 8(1)(d). This is also available in proceedings to vary or discharge, for failure to comply with, or for appeal against a parenting order made in such proceedings. If appropriate to the circumstances of the hearing, the duty solicitor may also deal with proceedings for failure to comply.

Section 11: Further Enquiries

11.1 Further enquiries about the parenting order can be directed to Anthony Green (020 7273 4182) of the Home Office Juvenile Offenders Unit, 50 Queen Anne’s Gate, London, SW1H 9AT.

11.2 Further enquiries about the National Standards on Youth Justice can be directed to Peter Dunn (020 7271 3124) at the Youth Justice Board, 11 Carteret Street, London, SW1H 9DL.

..................................... [Family Proceedings] [Youth] [Magistrates’] Court (Code)

...................................... years (if under 18)

..............................................................................................................

[AB of .............................. who is believed to have born on ................................., has been [made subject to a [child safety order] [anti-social behaviour order] [sex offender order]] [found guilty of an offence, namely, (state brief particulars and statute)]]

[The above named has been convicted of an offence under [section 443] [section 444] of the Education Act 1996.]

It appears to the court that the person named above resides/will reside in the non-metropolitan county/metropolitan district of ................................. .

Decision: Having complied with its duties under sections 9(1) and 9(2) of the 1998 Act the court has decided to impose a parenting order on the person(s) named above because the court considers that the order would be desirable in the interests of preventing [a repetition of the kind of behaviour which led to the imposition of a [child safety order] [anti-social behaviour order] [sex offender order] [the commission of further offences by AB] [the commission of further offences under section 443 or 444 of the Education Act 1996.]

The requirements of the order are as follows:

[insert person’s name] shall for a period of [insert length of requirement] beginning with the date of the order comply with such requirements as are listed in the Schedule to the order.

[insert person’s name] shall, for a concurrent period of [insert length of requirement] months and not more than once in any week attend counselling or guidance sessions as directed by the responsible officer.

The court has explained to the person(s) named above the effect of the order and its requirements, what may happen if he/she/they fail(s) to comply with these requirements (as set out in section 9(7)), and that the court has power (under section 9(5)) to review the order on the application of the person(s) named above or the responsible officer.

The responsible officer for this order is [ ].

Justice of the Peace
[or By order of the Court,
Clerk of the Court]

SCHEDULE

Any requirement(s) imposed by the court under section 8(4)(a) and (7) of the 1998 Act should be listed here.