Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - О ситуации на Украине и необходимости выполнения Минских договоренностей
It is the duty of every local authority to establish and maintain within their area a service designed to meet the needs, in relation to adoption, of— and for that purpose to provide the requisite facilities, or secure that they are provided by approved adoption societies.
children who have been or may be adopted,
parents and guardians of such children, and
persons who have adopted or may adopt a child,
The facilities to be provided as part of the service maintained under subsection (1) include—
temporary board and lodging where needed by pregnant women, mothers or children ;
arrangements for assessing children and prospective adopters, and placing children for adoption;
counselling for persons with problems relating to adoption.
The facilities of the service maintained under subsection (1) shall be provided in conjunction with the local authority's other social services and with approved adoption societies in their area, so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.
The services maintained under subsection (1) by local authorities in England and Wales may be collectively referred to as "the Adoption Service " and those maintained by local authorities in Scotland, as " the Scottish Adoption Service ", and a local authority or approved adoption society may be referred to as an adoption agency.
The social services refered to in section 1(3) are the functions of a local authority which stand referred to the authority's social services committee or, in Scotland, social work committee, including, in particular but without prejudice to the generality of the foregoing, a local authority's functions relating to-
the promotion of the welfare of children by diminishing the need to receive children into care or keep them in care, including (in exceptional circumstances) the giving of assistance in cash ;
the welfare of children in the care of a local authority ;
the welfare of children who are foster children within the meaning of the Children Act 1958 ;
children who are subject to supervision orders made in matrimonial proceedings;
the provision of residential accommodation for expectant mothers and young children and of day-care facilities ;
the regulation and inspection of nurseries and child minders;
care and other treatment of children through court proceedings and children's hearings.
In reaching any decision relating to the adoption of a child, a court or adoption agency shall have regard to all the circumstances, first consideration being given to the need to safeguard and promote the welfare of the child throughout his childhood; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.
A body desiring to act as an adoption society or, if it is already an adoption society, desiring to continue to act as such in England and Wales or in Scotland may, in the manner specified by regulations made by the Secretary of State, apply to the Secretary of State for his approval to its doing so.
On an application under subsection (1), the Secretary of State shall take into account the matters relating to the applicant specified in subsections (3) to (5) and any other relevant considerations, and if, but only if, he is satisfied that the applicant is likely to make, or, if the applicant is an approved adoption society, is making, an effective contribution to the Adoption Service or, as the case may be, to the Scottish Adoption Service, he shall by notice to the applicant give his approval, which shall be operative from a date specified in the notice or, in the case of a renewal of approval, from the date of the notice.
In considering the application, the Secretary of State shall have regard, in relation to the period for which approval is sought, to the following—
the applicant's adoption programme, including, in particular, its ability to make provision for children who are free for adoption,
the number and qualifications of its staff,
its financial resources, and
the organisation and control of its operations.
Where it appears to the Secretary of State that the applicant is likely to operate extensively within the area of a particular local authority he shall ask the authority whether they support the application, and shall take account of any views about it put to him by the authority.
Where the applicant is already an approved adoption society or, whether before or after the passing of this Act, previously acted as an adoption society, the Secretary of State, in considering the application, shall also have regard to the record and reputation of the applicant in the adoption field, and the areas within which and the scale on which it is currently operating or has operated in the past.
If after considering the application the Secretary of State is not satisfied that the applicant is likely to make or, as the case may be, is making an effective contribution to the Adoption Service or, as the case may be, to the Scottish Adoption Service,, the Secretary of State shall, subject to section 6(1) and (2), by notice inform the applicant that his application is refused.
If not withdrawn earlier under section 5, approval given under this section shall last for a period of three years from the date on which it becomes operative, and shall then expire or, in the case of an approved adoption society whose further application for approval is pending at that time, shall expire on the date that application is granted or, as the case may be, refused.
If, while approval of a body under section 4 is operative, it appears to the Secretary of State that the body is not making an effective contribution to the Adoption Service or, as the case may be, to the Scottish Adoption Service, he shall subject to section 6(3) and (4) by notice to the body withdraw the approval from a date specified in the notice.
If an approved adoption society fails to provide the Secretary of State with information required by him for the purpose of carrying out his functions under subsection (1), or fails to verify such information in the manner required by him, he may by notice to the society withdraw the approval from a date specified in the notice.
Where approval is withdrawn under subsection (1) or (2) or expires the Secretary of State may direct the body concerned to make such arrangements as to children who are in its care and other transitional matters as seem to him expedient.
Before notifying a body which has applied for approval that the application is refused in accordance with section 4(6) the Secretary of State shall serve on the applicant a notice—
setting out the reasons why he proposes to refuse the application;
informing the applicant that he may make representations in writing to the Secretary of State within 28 days of the date of service of the notice.
If any representations are made by the applicant in accordance with subsection (1), the Secretary of State shall give further consideration to the application taking into account those representations.
The Secretary of State shall, before withdrawing approval of an adoption society in accordance with section 5(1), serve on the society a notice—
setting out the reasons why he proposes to withdraw the approval; and
informing the society that they may make representations in writing to the Secretary of State within 28 days of the date of service of the notice.
If any representations are made by the society in accordance with subsection (3), the Secretary of State shall give further consideration to the withdrawal of approval under section 5(1) taking into account those representations.
This section does not apply where the Secretary of State, after having considered any representations made by the applicant in accordance with this section, proposes to refuse approval or, as the case may be, to withdraw approval for reasons which have already been communicated to the applicant in a notice under this section.
If it appears to the Secretary of State that an approved adoption society, or one in relation to which approval has been withdrawn under section 5 or has expired, is inactive or defunct he may, in relation to any child who is or was in the care of the society, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society jointly with the authority; and if apart from this section the authority would not be entitled to take that action, or would not be entitled to take it without joining the society in the action, it shall be entitled to do so.
Before giving a direction under subsection (1) the Secretary of State shall, if practicable, consult both the society and the authority.
An adoption order is an order vesting the parental rights and duties relating to a child in the adopters, made on their application by an authorised court.
The order does not affect the parental rights and duties so far as they relate to any period before the making of the order.
The making of the order operates to extinguish—
any parental right or duty relating to the child which—
is vested in a person (not being one of the adopters) who was the parent or guardian of the child immediately before the making of the order, or
is vested in any other person by virtue of the order of any court; and
any duty arising by virtue of an agreement or the order of a court to make payments, so far as the payments are in respect of the child's maintenance for any period after the making of the order or any other matter comprised in the parental duties and relating to such a period.
Subsection (3)(b) does not apply to a duty arising by virtue of an agreement—
which constitutes a trust, or
which expressly provides that the duty is not to be extinguished by the making of an adoption order.
An adoption order may not be made in relation to a child who is or has been married.
An adoption order shall not be made in Scotland in relation to a child who is a minor unless with the consent of the minor; except that where the court is satisfied that the minor is incapable of giving his consent to the making of the order, it may dispense with that consent.
An adoption order may contain such terms and conditions as the court thinks fit.
An adoption order may be made notwithstanding that the child is an adopted child.
Schedule 1 contains for England and Wales further provisions about the effect of adoption and related or comparable provisions about legitimation.
Schedule 2 has effect as respects the status conferred in Scotland by adoption and related matters.
Where— an adoption order shall not be made unless the child is at least 19 weeks old and at all times during the preceding 13 weeks had his home with the applicants or one of them.
the applicant, or one of the applicants, is a parent, stepparent or relative of the child, or
the child was placed with the applicants by an adoption agency or in pursuance of an order of the High Court,
Where subsection (1) does not apply, an adoption order shall not be made unless the child is at least twelve months old and at all times during the preceding twelve months had his home with the applicants or one of them.
An adoption order shall not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a married couple, both applicants together in the home environment have been afforded—
where the child was placed with the applicant by an adoption agency, to that agency, or
in any other case, to the local authority within whose area the home is.
Subject to sections 37(1) and 53(1), an adoption order may be made on the application of a married couple where each has attained the age of 21 but an adoption order shall not otherwise be made on the application of more than one person.
An adoption order shall not be made on the application of a married couple unless—
at least one of them is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or
the application is for a Convention adoption order and section 24 is complied with.
Where the application is made to a court in England or Wales and the married couple consist of a parent and step-parent of the child, the court shall dismiss the application if it considers the matter would be better dealt with under section 42 (orders for custody etc.) of the Matrimonial Causes Act 1973.
Subject to sections 37(1) and 53(1), an adoption order may be made on the application of one person where he has attained the age of 21 and—
is not married, or
is married and the court is satisfied that—
his spouse cannot be found, or
the spouses have separated and are living apart, and the separation is likely to be permanent, or
his spouse is by reason of ill health, whether physical or mental, incapable of making an application for an adoption order.
An adoption order shall not be made on the application of one person unless—
he is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or
the application is for a Convention adoption order and section 24 is complied with.
An adoption order shall not be made on the application of the mother or father of the child alone unless the court is satisfied that— and where such an order is made the reason justifying the exclusion of the other natural parent shall be recorded by the court.
the other natural parent is dead or cannot be found, or
there is some other reason justifying the exclusion of the other natural parent,
Where the application is made to a court in England or Wales and the applicant is a step-parent of the child the court shall dismiss the application if it considers the matter would be better dealt with under section 42 (orders for custody etc.) of the Matrimonial Causes Act 1973.
An adoption order shall not be made unless—
the child is free for adoption; or
in the case of each parent or guardian of the child the court is satisfied that—
he freely, and with full understanding of what is involved, agrees unconditionally to the making of the adoption order (whether or not he knows the identity of the applicants), or
his agreement to the making of the adoption order should be dispensed with on a ground specified in subsection (2).
The grounds mentioned in subsection (1)(b)(ii) are that the parent or guardian—
cannot be found or is incapable of giving agreement;
is withholding his agreement unreasonably ;
has persistently failed, without reasonable cause to discharge the parental duties in relation to the child;
has abandoned or neglected the child ;
has persistently ill-treated the child ;
has seriously ill-treated the child (subject to subsection (5)).
Subsection (1) does not apply in any case where the child is not a United Kingdom national and the application for the adoption order is for a Convention adoption order.
Agreement is ineffective for the purposes of subsection (1)(b)(i) if given by the mother less than six weeks after the child's birth.
Subsection (2)(f) does not apply unless (because of the ill-treatment or for other reasons) the rehabilitation of the child within the household of the parent or guardian is unlikely.
A child is free for adoption if he is the subject of an order under section 14 and the order has not been revoked under section 16.
An adoption agency shall in placing a child for adoption have regard (so far as is practicable) to any wishes of the child's parents and guardians as to the religious upbringing of the child.
Where, on an application by an adoption agency, an authorised court is satisfied in the case of each parent or guardian of the child that— the court shall, subject to subsection (5), make an order declaring the child free for adoption.
he freely, and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order, or
his agreement to the making of an adoption order should be dispensed with on a ground specified in section 12(2),
No application shall be made under subsection (1) unless—
it is made with the consent of a parent or guardian of the child, or
the adoption agency is applying for dispensation under subsection (1)(b) of the agreement of each parent or guardian of the child, and the child is in the care of the adoption agency.
No agreement required under subsection (1)(a) shall be dispensed with under subsection (1)(b) unless the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption.
An agreement by the mother of the child is ineffective for the purposes of this section if given less than six weeks after the child's birth.
An order under this section shall not be made in Scotland in relation to a child who is a minor unless with the consent of the child ; except that where the court is satisfied that the minor is incapable of giving his consent to the making of the order, it may dispense with that consent.
On the making of an order under this section, the parental rights and duties relating to the child vest in the adoption agency, and subsections (2) and (3) of section 8 apply as if the order were an adoption order and the agency were the adopters.
Before making an order under this section the court shall satisfy itself that each parent or guardian who can be found has been given an opportunity of making, if he so wishes, a declaration that he prefers not to be involved in future questions concerning the adoption of the child; and any such declaration shall be recorded by the court.
Before making an order under this section in the case of an illegitimate child whose father is not its guardian, the court shall satisfy itself in relation to any person claiming to be the father that either—
he has no intention of applying for custody of the child under section 9 of the Guardianship of Minors Act 1971 or under section 2 of the Illegitimate Children (Scotland) Act 1930, or
if he did apply for custody under either of those sections the application would be likely to be refused.
This section and section 16 apply to any person ("the former parent") who was required to be given an opportunity of making a declaration under section 14(7) but did not do so.
Within the 14 days following the date twelve months after the making of the order under section 14, the adoption agency in which the parental rights and duties were vested on the making of the order, unless it has previously by notice to the former parent informed him that an adoption order has been made in respect of the child, shall by notice to the former parent inform him—
whether an adoption order has been made in respect of the child, and. (if not)
whether the child has his home with a person with whom he has been placed for adoption.
If at the time when the former parent is given notice under subsection (2) an adoption order has not been made in respect of the child, it is thereafter the duty of the adoption agency to give notice to the former parent of the making of an adoption order (if and when made), and meanwhile to give the former parent notice whenever the child is placed for adoption or ceases to have his home with a person with whom he has been placed for adoption.
If at any time the former parent by notice makes a declaration to the adoption agency that he prefers not to be involved in future questions concerning the adoption of the child—
the agency shall secure that the declaration is recorded by the court which made the order under section 14, and
the agency is released from the duty of complying further with subsection (3) as respects that former parent.
The former parent, at any time more than twelve months after the making of the order under section 14 when— may apply to the court which made the order for a further order revoking it on the ground that he wishes to resume the parental rights and duties.
no adoption order has been made in respect of the child, and
the child does not have his home with a person with whom he has been placed for adoption,
While the application is pending the adoption agency having the parental rights and duties shall not place the child for adoption without the leave of the court.
Where an order freeing a child for adoption is revoked under this section— but the revocation does not affect any right or duty so far as it relates to any period before the date of the revocation.
the parental rights and duties relating to the child are vested in the individual or, as the case may be, the individuals in whom they vested immediately before that order was made;
if the parental rights and duties, or any of them, vested in a local authority or voluntary organisation immediately before the order freeing the child for adoption was made, those rights and duties are vested in the individual, or as the case may be, the individuals in whom they vested immediately before they were vested in the authority or organisation ; and
any duty extinguished by virtue of section 8(3)(b) is forth with revived,
Subject to subsection (5) if the application is dismissed on the ground that to allow it would contravene the principle embodied in section 3—
the former parent who made the application shall not be entitled to make any further application under subsection (1) in respect of the child, and
the adoption agency is released from the duty of complying further with section 15(3) as respects that parent.
Subsection (4) (a) shall not apply where the court which dismissed the application gives leave to the former parent to make a further application under subsection (1), but such leave shall not be given unless it appears to the court that because of a change in circumstances or for any other reason it is proper to allow the application to be made.
Where on an application for an adoption order in relation to a child under the age of 16 the court refuses to make the adoption order then—
if it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may order that the child shall be under the supervision of a specified local authority or under the supervision of a probation officer;
if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parents or to any other individual, the court may by order commit the child to the care of a specified local authority.
Where the court makes an order under subsection (1)(b) the order may require the payment by either parent to the local authority, while it has the care of the child, of such weekly or other periodical sum towards the maintenance of the child as the court thinks reasonable.
Sections 3 and 4 of the Guardianship Act 1973 (which contain supplementary provisions relating to children who are subject to supervision, or in the care of local authorities, by virtue of orders made under section 2 of that Act) apply in relation to an order under this section as they apply in relation to an order under section 2 of that Act.
In the application of this section to Scotland—
the words " or under the supervision of a probation officer " in subsection (1)(a) do not apply;
subsection (3) does not apply ; and
subsections (2), (4) and (5) of section 11 of the Guardianship Act 1973 apply in relation to an order under this section as they apply in relation to an order under that section.
An adoption order shall not be made in respect of a child who was not placed with the applicant by an adoption agency unless the applicant has, at least three months before the date of the order, given notice to the local authority within whose area he has his home of his intention to apply for the adoption order.
On receipt of such a notice the local authority shall investigate the matter and submit to the court a report of their investigation.
Under subsection (2), the local authority shall in particular investigate—
so far as is practicable, the suitability of the applicant, and any other matters relevant to the operation of section 3 in relation to the application ; and
whether the child was placed with the applicant in contravention of section 29 of the 1958 Act.
Where on an application for an adoption order the requirements of sections 12(1) and 18(1) are complied with the court may postpone the determination of the application and make an order vesting the legal custody of the child in the applicants for a probationary period not exceeding two years upon such terms for the maintenance of the child and otherwise as the court thinks fit.
Where the probationary period specified in an order under subsection (1) is less than two years, the court may by a further order extend the period to a duration not exceeding two years in all.
For the purpose of any application for an adoption order or an order under section 14, 16 or 25, rules shall provide for the appointment, in such cases as are prescribed.—
of a person to act as guardian ad litem of the child upon the hearing of the application, with the duty of safeguarding the interests of the child in the prescribed manner;
of a person to act as reporting officer for the purpose of witnessing agreements to adoption and performing such other duties as the rules may prescribe.
A person who is employed— shall not be appointed to act as guardian ad litem or reporting officer for the purposes of the application but, subject to that, the same person may if the court thinks fit be both guardian ad litem and reporting officer.
in the case of an application for an adoption order, by the adoption agency by whom the child was placed; or
in the case of an application under section 14 by the adoption agency by whom the application was made; or
in the case of an application under section 16 by the adoption agency with the parental rights and duties relating to the child,
Rules may provide for the reporting officer to be appointed before the application is made.
In relation to Scotland, references in this section to a guardian ad litem shall be construed as references to a curator ad litem.
Proceedings in the High Court under this Part may be disposed of in chambers.
All proceedings in the county court under this Part shall be heard and determined in camera.
Proceedings in the magistrates' court under this Part shall be domestic proceedings for the purposes of the Magistrates' Courts Act 1952 but section 57(2)(d) of that Act shall not apply in relation to any proceedings under this Part.
In relation to Scotland, all proceedings before the court under this Part shall be heard and determined in camera unless the court otherwise directs.
In the case of— rules shall require every person who can be found and whose agreement or consent to the making of the order is required to be given or dispensed with under this Act to be notified of a date and place where he may be heard on the application and of the fact that, unless he wishes or the court requires, he need not attend.
an application for an adoption order in relation to a child who is not free for adoption ;
an application for an order under section 14,
In the case of an application under section 25 rules shall require every person who can be found, and whose agreement to the making of the order would be required if the application were for an adoption order (other than a Convention adoption order), to be notified as aforesaid.
Where an application for an adoption order relates to a child placed by an adoption agency, the agency shall submit to the court a report on the suitability of the applicants and any other matters relevant to the operation of section 3, and shall assist the court in any manner the court may direct.
The court shall not proceed to hear an application for an adoption order in relation to a child where a previous application for a British adoption order made in relation to the child by the same persons was refused by any court unless—
in refusing the previous application the court directed that this subsection should not apply, or
it appears to the court that because of a change in circumstances or for any other reason it is proper to proceed with the application.
The court shall not make an adoption order in relation to a child unless it is satisfied that the applicants have not, as respects the child, contravened section 50 of the 1958 Act (prohibition of certain payments in relation to adoption).
In the application of this section to Scotland for the reference to hearing an application in subsection (4) there shall be substituted a reference to determining an application.
On the joint application of an adoption agency in which the parental rights and duties relating to a child who is in Great Britain are vested under section 14(6) or this section and any other adoption agency, an authorised court may if it thinks fit by order transfer the parental rights and duties to the latter agency.
An adoption order shall be made as a Convention adoption order if the application is for a Convention adoption order and the following conditions are satisfied both at the time of the application and when the order is made.
The child—
must be a United Kingdom national or a national of a Convention country, and
must habitually reside in British territory or a Convention country, and
must not be, or have been, married.
The applicant or applicants and the child must not all be United Kingdom nationals living in British territory.
If the application is by a married couple, either— and if the applicants are nationals of the same Convention country the adoption must not be prohibited by a specified provision (as defined in subsection (8)) of the internal law of that country.
each must be a United Kingdom national or a national of a Convention country, and both must habitually reside in Great Britain, or
both must be United Kingdom nationals, and each must habitually reside in British territory or a Convention country,
If the application is by one person, either— and if he is a national of a Convention country the adoption must not be prohibited by a specified provision (as defined in subsection (8)) of the internal law of that country.
he must be a United Kingdom national or a national of a Convention country, and must habitually reside in Great Britain, or
he must be a United Kingdom national, and must habitually reside in British territory or a Convention country,
If the child is not a United Kingdom national the order shall not be made—
except in accordance with the provisions, if any, relating to consents and consultations of the internal law relating to adoption of the Convention country of which the child is a national, and
unless the court is satisfied that each person who consents to the order in accordance with that internal law does so with full understanding of what is involved.
The reference to consents and consultations in subsection (6) does not include a reference to consent by and consultation with the applicant and members of the applicant's family (including his or her spouse), and for the purposes of subsection (6) consents may be proved in the manner prescribed by rules and the court shall be treated as the authority by whom, under the law mentioned in subsection (6), consents may be dispensed with and the adoption in question may be effected; and where the provisions there mentioned require the attendance before that authority of any person who does not reside in Great Britain, that requirement shall be treated as satisfied for the purposes of subsection (6) if—
that person has been given a reasonable opportunity of communicating his opinion on the adoption in question to the proper officer or clerk of the court, or to an appropriate authority of the country in question, for transmission to the court; and
where he has availed himself of that opportunity, his opinion has been transmitted to the court.
In subsections (4) and (5) " specified provision " means a provision specified in an order of the Secretary of State as one notified to the Government of the United Kingdom in pursuance of the provisions of the Convention which relate to prohibitions on an adoption contained in the national law of the Convention country in question.
Sections 9 and 10(1) (ascertainment of nationality, anc internal law of foreign country) of the Adoption Act 1968 shall apply with any necessary modifications for the purposes of this section as they apply for the purposes of that Act.
Where on an application made in relation to a child by a person who is not domiciled in England and Wales or Scotland an authorised court is satisfied that he intends to adopt the child under the law of or within the country in which the applicant is domiciled, the court may, subject to the following provisions of this section, make an order vesting in him the parental rights and duties relating to the child.
The provisions of this Part relating to adoption orders, except sections 8(1), (9) and (10), 10(2), 11(2), 14 to 16, 19, 22(1), 23 and 24, shall apply in relation to orders under this section as they apply in relation to adoption orders subject to the modification that in section 9(1) for " 19 " and " 13 " there are substituted " 32 " and " 26 " respectively.
Sections 20 to 23 and 24(4) and (5) of the 1958 Act shall apply in relation to an order under this section as they apply in relation to an adoption order except that any entry in the Registers of Births, the Register of Births or the Adopted Children Register which is required to be marked in consequence of the making of an order under this section shall, in lieu of being marked with the word " Adopted " or " Re-adopted " (with or without the addition of the word " (Scotland) " or " (England)") be marked with the words " Proposed Foreign Adoption" or " Proposed Foreign Re-adoption ", as the case may require.
References in Parts III and IV of the 1958 Act to an adoption order include references to an order under this section, and references in this Act and in the 1958 Act to the placing of children for adoption or to the making of arrangements for adoption include references to the placing of children for adoption abroad or the making of arrangements for adoption abroad.
In section 20 of the 1958 Act, in subsection (5), after the word " except " there are inserted the words " in accordance with section 20A of this Act or ".
The following section is inserted in the 1958 Act after section 20:—.
In section 22 of the 1958 Act—
or a local authority or an approved adoption society which is providing counselling, under subsection (4A) of this section, for that adopted person.
the following subsections are inserted after subsection (4)—.
In section 29 of the 1958 Act.—
the following subsection is substituted for subsections (1) and (2)—;
the following subsections are inserted after subsection (1)—;
in subsection (3)—
the following is inserted after paragraph (b)—or;
for the words " six months " there are substituted the words " three months " and for the words " one hundred pounds " there are substituted the words " £400 " ;
the following subsection is substituted for subsection (5)—.
The following sections are substituted for section 34 of the 1958 Act—.
An authorised court may on the application of a person from whose custody a child has been removed in breach of section 34 or 34A of the 1958 Act order the person who has so removed the child to return the child to the applicant.
An authorised court may on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant's custody in breach of section 34 or 3 4A of the 1958 Act by order direct that other person not to remove the child from the applicant's custody in breach of the said section 34 or 34A.
If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant.
If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made.
An order under subsection (3) may be enforced in like manner as a warrant for committal.
Subsections (3), (4) and (5) do not apply to Scotland.
In section 35 of the 1958 Act, the following subsection is inserted after subsection (5)—.
In section 50 (prohibition of certain payments in relation to adoption) of the 1958 Act, the following subsections are inserted at the end—.
An authorised court may on the application of one or more persons qualified under subsection (3) make an order vesting the legal custody of a child in the applicant or, as the case may be, in one or more of the applicants . . .
An order under subsection (1) may be referred to as a custodianship order, and the person in whom legal custody of the child is vested under the order may be referred to as the custodian of the child.
The persons qualified to apply for a custodianship order are—
a relative or step-parent of the child—
who applies with the consent of a person having legal custody of the child, and
with whom the child has had his home for the three months preceding the making of the application;
any person—
who applies with the consent of a person having legal custody of the child, and
with whom the child has had his home for a period or periods before the making of the application which amount to at least twelve months and include the three months preceding the making of the application;
any person with whom the child has had his home for a period or periods before the making of the application which amount to at least three years and include the three months preceding the making of the application.
The mother or father of the child is not qualified under any paragraph of subsection (3).
A step-parent of the child is not qualified under any paragraph of subsection (3) if in proceedings for divorce or nullity of marriage the child was named in an order made under paragraph (b) or (c) of section 41(1) (arrangements for welfare of children of family) of the Matrimonial Causes Act 1973.
If no person has legal custody of the child, or the applicant himself has legal custody or the person with legal custody cannot be found, paragraphs (a) and (b) of subsection (3) apply with the omission of sub-paragraph (i).
The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (3)(c) to substitute a different period for the period of three years mentioned in that paragraph (or the period which, by a previous order under this subsection, was substituted for that period).
Subsection (5) does not apply—
if the parent other than the one the step-parent married is dead or cannot be found, or
if the order referred to in subsection (5) was made under subsection (1)(c) of section 41 of the Matrimonial Causes Act 1973 and it has since been determined that the child was not a child of the family to whom that section applied.
For the avoidance of doubt, it is hereby declared that the provisions of section 1 of the Guardianship of Minors Act 1971 apply to applications made under this Part of this Act.
This section and sections 34 to 46 do not apply to Scotland.
In this Part of this Act references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 of the Family Law Reform Act 1987.
An authorised court may, on making a custodianship order or while a custodianship order is in force, by order—
on the application of the mother, the father or a grandparent of the child, make such provision as it thinks fit requiring access to the child to be given to the applicant;
on the application of the custodian, require the child’s mother or father (or both) to make to the applicant for the benefit of the child or to the child such periodical payments, and for such term, as may be specified in the order;
on the application of the custodian, require the child’s mother or father (or both) to pay to the applicant for the benefit of the child or to the child such lump sum as may be so specified;
on the application of the child’s mother or father, revoke an order requiring the applicant to contribute to the child’s maintenance made (otherwise than under this section) by any court;
by altering the amount of the contributions;
by substituting the custodian for the person to whom the contributions were ordered to be made.
on the application of the child’s mother or father or the custodian, vary an order made (otherwise than under this section) by any court requiring the mother or father to contribute towards the child’s maintenance—
by altering the amount of the contributions;
by substituting the custodian for the person to whom the contributions were ordered to be made.
References in subsection (1) to the child’s mother or father include any person in relation to whom the child was treated as a child of the family (as defined in section 52(1) of the Matrimonial Causes Act 1973).
to whether that person had assumed any responsibility for the child's maintenance and, if he did, to the extent to which and the basis on which he did so, and to the length of time during which he discharged that responsibility;
to the liability of any other person to maintain that child.
No order shall be made under subsection (1)(b) or (c) requiring the father of an illegitimate child to make any payments to the child’s custodian or to the child.
An authorised court shall have power to make an order under subsection (1)(a) in favour of a grandparent of a child notwithstanding that the child is illegitimate.
in section 2(2) (b) and (4)(a) of the Guardianship Act 1973 any reference to a parent of the minor to whom the order relates shall be construed as including a reference to any other individual;
section 3(3) of that Act shall have effect as if the words " or the custodian" were inserted after the words " application of either parent ".
Subsections (2), (3), (3A), (3B), (4), (4A), (5A), (5B), (5C), (5D) and (5E) (orders as to the supervision, local authority care, maintenance etc. of children) of section 2 of the Guardianship Act 1973 and sections 3 and 4 of that Act (supplementary provisions) shall apply to an application for a custodianship order as they apply to an application under section 9 of the Guardianship of Minors Act 1971 subject to the following modifications, that is to say—
in section 2(2)(b) and (4A) of the Guardianship Act 1973 any reference to a parent of a minor to whom the order relates shall be construed as including a reference to any other individual;
section 3(3) of that Act shall have effect as if the words “or the custodian” were inserted after the words “application of either parent”;
in section 4(2) of that Act the reference to section 6 of that Act shall be construed as including a reference to section 39 and 40 of this Act.
A local authority may make contributions to a custodian towards the cost of the accommodation and maintenance of the child, except where the custodian is the husband or wife of a parent of the child.
The court, in deciding whether to exercise its powers under section 34(1)(b) or (c) and, if so, in what manner, shall have regard to all the circumstances of the case including the following matters, that is to say—
the income, earning capacity, property and other financial resources of each parent and of the custodian;
the financial needs, obligations and responsibilities of each parent and of the custodian;
the financial needs of the child;
the income, earning capacity (if any), property and other financial resources of the child;
any physical or mental disability of the child.
The court in deciding whether to exercise its powers under section 34(1)(b) or (c) against a person who is not the child’s mother or father and, if so, in what manner, shall, in addition to the matters mentioned in subsection (1), have regard (among the circumstances of the case)—
to whether that person had assumed any responsibility for the child’s maintenance and, if he did, to the extent to which and the basis on which he assumed that responsibility and to the length of time during which he discharged that responsibility;
to whether in assuming and discharging that responsibility he did so knowing that the child was not his own child;
to the liability of any other person to maintain the child.
In subsection (1)—
references to a parent of a child include any person in relation to whom the child was treated as a child of the family (as defined in section 52(1) of the Matrimonial Causes Act 1973);
the reference in paragraph (a) to income, earning capacity, and other financial resources includes the income, earning capacity, property and other financial resources which the person concerned is likely to have in the foreseeable future; and
the reference in paragraph (b) to financial needs, obligations and responsibilities includes the financial needs, obligations and responsibilities which the person concerned is likely to have in the foreseeable future.
An authorised court may by order revoke a custodianship order on the application of—
the custodian, or
the mother or father, or a guardian, of the child, or
any local authority in England or Wales.
The court shall not proceed to hear an application made by any person for the revocation of a custodianship order where a previous such application made by the same person was refused by that or any other court unless—
in refusing the previous application the court directed that this subsection should not apply, or
it appears to the court that because of a change in circumstances or for any other reason it is proper to proceed with the application.
The custodian of a child may apply to an authorised court for the revocation or variation of any order made under section 34 (other than an order under subsection (1)(c)) in respect of that child.
Any other person on whose application an order under section 34 was made, or who was required by an order made under that section (other than an order under subsection (1)(c)) to contribute towards the maintenance of the child, may apply to an authorised court for the revocation or variation of that order.
An application for the variation of an order made under section 34(1)(b) may, if the child has attained the age of sixteen, be made by the child himself.
Any order made under section 34(1)(a), (b) or (e) in respect of a child who is the subject of a custodianship order shall cease to have effect on the revocation of the custodianship order.
A custodianship order made in respect of a child, and any order made under section 34(1)(a) in respect of the child, shall cease to have effect when the child attains the age of 18 years.
On an application under this section for the revocation or variation of an order made under section 34(1)(b), the court shall have power to suspend the operation of any provision of that order temporarily and to revive the operation of any provision so suspended.
In exercising its power under this section to revoke or vary an order made under section 34(1)(b), the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order.
Where on an application under this section the court varies any payments required to be made under section 34(1)(b), the court may provide that the payments as so varied shall be made from such date as the court may specify, not being earlier than the date of the making of the application.
Where an order made under section 34(1)(b) ceases to have effect on the date on which the child attains the age of sixteen or at any time after that date but before or on the date on which he attains the age of eighteen, then, if at any time before he attains the age of twenty-one an application is made by the child to an authorised court for an order under this subsection, the court shall have power by order to revive the first mentioned order from such date as the court may specify, not being earlier than the date of the making of the application, and to vary or revoke under this section any order so revived.
Where an order under section 34(1)(b) ceases to have effect on the date on which the child attains the age of 16 or at any time after that date but before or on the date on which he attains the age of 18, the child may apply to an authorised court, other than a magistrates’ court, for an order for the revival of that order, and if, on such an application, it appears to the court that— the court shall have power by order to revive the order made under section 34(1)(b) from such date as the court may specify, not being earlier than the date of the making of the application and to vary or revoke under this section any order so revived.
the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he also is, will be or would be in gainful employment; or
there are special circumstances which justify the making of an order under this subsection,
Any order made by a magistrates’ court under section 34(1)(b) which is revived by an order under subsection (10) shall for the purposes of the enforcement of the order be treated as an order made by the magistrates’ court by which the order was originally made.
The powers of a magistrates’ court to revoke, revive or vary under section 60 of the Magistrates’ Courts Act 1980 an order for the periodical payment of money and to suspend or rescind under section 63(2) of that Act certain other orders shall not apply in relation to a custodianship order or an order made under section 34.
The term to be specified in an order made under section 34(1)(b) in favour of a child may begin with the date of the making of an application for the order in question or any later date but—
shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (that is to say, the age that is for the time being that limit by virtue of section 35 of the Education Act 1944 together with any Order in Council made under that section) unless the court thinks it right in the circumstances of the case to specify a later date; and
shall not in any event, subject to subsection (2) below, extend beyond the date of the child’s eighteenth birthday.
Paragraph (b) of subsection (1) shall not apply in the case of a child if it appears to the court that—
the child is, or will be, or if an order were made without complying with that paragraph would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or
there are special circumstances which justify the making of an order without complying with that paragraph.
Any order made under section 34(1)(b) in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.
Before revoking a custodianship order the court shall ascertain who would have legal custody of the child, if, on the revocation of the custodianship order, no further order were made under this section.
If the child would not be in the legal custody of any person, the court shall, if it revokes the custodianship order, commit the care of the child to a specified local authority.
If there is a person who would have legal custody of the child on the revocation of the custodianship order, the court shall consider whether it is desirable in the interests of the welfare of the child for the child to be in the legal custody of that person and—
if the court is of the opinion that it would not be so desirable, it shall on revoking the custodianship order commit the care of the child to a specified local authority;
if it is of the opinion that while it is desirable for the child to be in the legal custody of that person, it is also desirable in the interests of the welfare of the child for him to be under the supervision of an independent person, the court shall, on revoking the custodianship order, order that the child shall be under the supervision of a specified local authority or of a probation officer.
Before exercising its functions under this section the court shall, unless it has sufficient information before it for the purpose, request— to make to the court a report, orally or in writing, on the desirability of the child returning to the legal custody of any individual, and it shall be the duty of the local authority or probation officer to comply with the request.
a local authority to arrange for an officer of the authority, or
a probation officer,
Where the court makes an order under subsection (3)(a) the order may require either parent to make to the local authority or to the child such periodical payments, and for such term, as may be specified in the order; but the order shall only require payments to be made to the local authority while it has the care of the child.
An order made under subsection (3)(a) with reference to an illegitimate child shall not require the father of that child to make any payments to the local authority or to the child.
Sections 3 and 4 of the Guardianship Act 1973 (which contain supplementary provisions relating to children who are subject to supervision, or in the care of local authority, by virtue of orders made under section 2 of that Act) apply in relation to an order under this section as they apply in relation to an order under section 2 of that Act subject to the modification that the reference in section 4(2) of that Act to section 6 of that Act shall be construed as including a reference to subsection (4) of this section.
The court in deciding whether to exercise its powers under subsection (5) and, if so, in what manner, shall have regard to all the circumstances of the case including the matters to which the court is required to have regard under section 34A.
Subsections (2) to (6) of section 6 of the Guardianship Act 1973 shall apply in relation to reports which are requested by magistrates’ courts under this section as they apply to reports under subsection (1) of that section.
Section 34B shall apply in relation to an order under subsection (5) as it applies in relation to an order under section 34(1)(b).
Where on an application for an adoption order by a relative of the child or by the husband or wife of the mother or father of the child, whether alone or jointly with his or her spouse, the requirements of section 12section 16 of the Adoption Act 1976 or, where the application is for a Convention adoption order, section 24(6)section 17(6) of that Act are satisfied, but the court is satisfied— the court shall direct the application to be treated as if it had been made by the applicant under section 33, but if the application was made jointly by the father or mother of the child and his or her spouse, the court shall direct the application to be treated as if made by the father’s wife or the mother’s husband alone.
that the child’s welfare would not be better safeguarded and promoted by the making of adoption order in favour of the applicant, than it would be by the making of a custodianship order in his favour, and
that it would be appropriate to make a custodianship order in the applicant’s favour,
Where on an application for an adoption order made— the said requirements are satisfied but the court is of opinion that it would be more appropriate to make a custodianship order in favour of the applicant, it may direct the application to be treated as if it had been made by the applicant under section 33.
by a person who is neither a relative of the child nor the husband or wife of the mother or father of the child; or
by a married couple neither of whom is a relative of the child or the husband or wife of the mother or father of the child,
Where on an application under section 9 (orders for custody and maintenancesection 9 (orders for custody on application of mother or father) of the Guardianship of Minors Act 1971 the court is of opinion that legal custody should be given to a person other than the mother or father, it may direct the application to be treated as if it had been made by that person under section 33.
Where a direction is given under this section the applicant shall be treated (if such is not the case) as if he were qualified to apply for a custodianship order and this Part, except section 40, shall have effect accordingly.
Where a custodianship order is made by virtue of a direction under subsection (3) or a direction under section 8(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978, the court may direct that the order, or such provision thereof as the court may specify, shall not have effect until the occurrence of an event specified by the court or the expiration of a period so specified; and where the court has directed that the custodianship order, or any provision thereof, shall not have effect until the expiration of a specified period, the court may, at any time before the expiration of that period, direct that the order, or that provision thereof, shall not have effect until the expiration of such further period as the court may specify.
Subsection (1) does not apply to an application made by a step-parent whether alone or jointly with another person in any case where the step-parent is prevented by section 33(5) from being qualified to apply for a custodianship order in respect of the child.
Subsections (1) and (2) do not apply to an application for an adoption order made by the child’s mother or father alone.
Without prejudice to the generality of section 34(1)(c), an order under that section for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the child before the making of the order to be met.
The amount of any lump sum required to be paid by an order made by a magistrates’ court under section 34(1)(c) shall not exceed £500 or such larger amount as the Secretary of State may from time to time by order fix for the purposes of this subsection. Any order made by the Secretary of State under this subsection shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power of the court under section 35 to vary or revoke an order made under section 34(1)(b) shall include power to make an order under section 34(1)(c) for the payment of a lump sum by the child’s mother or father (or both).
The amount of any lump sum which the mother or father of the child may be required to pay by virtue of subsection (3) shall not, in the case of an order made by a magistrates’ court, exceed the maximum amount that may at the time of the making of the order be required to be paid under sub-section (2), but a magistrates’ court may make an order for the payment of a sum not exceeding that amount notwithstanding that the child’s mother or father was required to pay a lump sum by a previous order under this Part of this Act.
An order made under section 34(1)(c) for the payment of a lump sum may provide for the payment of that sum by instalments, and where such an order makes provision for the payment of a lump sum by instalments, an authorised court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying the number of instalments payable, the amount of any instalment payable and the date on which any instalment becomes payable.
References in this section to the mother or father of a child include any person in relation to whom the child was treated as a child of the family (as defined in section 52(1) of the Matrimonial Causes Act 1973).
If two persons have a parental right or duty vested in them jointly by a custodianship order or by virtue of section 44(2) but cannot agree on its exercise or performance, either of them may apply to an authorised court, and the court may make such order regarding the exercise of the right or performance of the duty as it thinks fit.
A court dealing with an application made under this Part, or an application which is treated as if made under section 33, may request— to make to the court a report, orally or in writing, with respect to any specified matter which appears to the court to be relevant to the application, and it shall be the duty of the local authority or probation officer to comply with the request.
a local authority to arrange for an officer of the authority, or
a probation officer,
Subsections (2) to (6) of section 6 of the Guardianship Act 1973 shall apply in relation to reports which are requested by magistrates’ courts under this section as they apply to reports under subsection (1) of that section.
A custodianship order shall not be made unless the applicant has given notice of the application for the order to the local authority in whose area the child resides within the seven days following the making of the application, or such extended period as the court or local authority may allow.
On receipt of a notice given by the applicant under subsection (1) the local authority shall arrange for an officer of the authority to make a report to the court (so far as is practicable) on the matters prescribed under subsection (3) and on any other matter which he considers to be relevant to the application.
The Secretary of State shall by regulations prescribe matters which are to be included in a report under subsection (2) and, in particular, but without prejudice to the generality of the foregoing, the prescribed matters shall include—
the wishes and feelings of the child having regard to his age and understanding and all other matters relevant to the operation of section 1 (principle on which questions relating to custody are to be decided) of the Guardianship of Minors 1971 in relation to the application;
the means and suitability of the applicant;
information of a kind specified in the regulations relating to members of the applicant’s household;
the wishes regarding the application, and the means, of the mother and father of the child.
Subsections (2), (3) and (3A) of section 6 of the Guardianship Act 1973 shall apply to a report under this section which is submitted to a magistrates’ court.
While an application for a custodianship order in respect of a child made by the person with whom the child has at the time the application is made had his home for a period (whether continuous or not) amounting to at least three years is pending, another person is not entitled, against the will of the applicant, to remove the child from the applicant’s actual custody except with the leave of a court or under authority conferred by any enactment or on the arrest of the child.
In any case where subsection (1) applies, and the authority in whose care the child is shall not remove the child from the applicant’s actual custody except with the applicant’s consent or the leave of a court.
the child was in the care of a local authority before he began to have his home with the applicant, and
the child remains in the care of a local authority,
Any person who contravenes subsection (1) commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale or both.
The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (1) to substitute a different period for the period mentioned in that subsection (or the period which, by a previous order under this subsection, was substituted for that period).
An authorised court may on the application of a person from whose actual custody a child has been removed in breach of section 41 order the person who has so removed the child to return the child to the applicant.
An authorised court may on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant’s actual custody in breach of section 41 by order direct that other person not to remove the child from the applicant’s custody in breach of that section.
If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant.
If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made.
An order under subsection (3) may be enforced in like manner as a warrant for committal.
If at a time when the custodian is entitled to actual custody of the child by virtue of a custodianship order made by a magistrates’ court any other person has actual custody of him, a copy of the custodianship order may be served on that person and thereupon the order may, without prejudice to any other remedy open to the custodian, be enforced under section 63(3) of the Magistrates’ Courts Act 1980 as if it were an order of a magistrates’ court requiring that person to give up the child to the custodian.
Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by a magistrates’ court under section 34 shall give notice of any change of address to such person (if any) as may be specified in the order; and if he fails without reasonable excuse to give such a notice he commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
An order for the payment of money made by a magistrates’ court under section 34 shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.
An order for the payment of money made by a magistrates' court under section 34 may be enforced in like manner as an affiliation order, and the enactments relating to affiliation orders shall apply accordingly with the necessary modifications.
An order for the payment of money made by a magistrates’ court under section 34 may be enforced in like manner as an affiliation order, and the enactments relating to affiliation orders shall apply accordingly with the necessary modifications.
While a custodianship order has effect in relation to a child the right of any person other than the custodian to legal custody of the child is suspended, but, subject to any further order made by any court, revives on the revocation of the custodianship order.
Subsection (1) does not apply where the person already having custody is a parent of the child and the person who becomes custodian under the order is the husband or wife of the parent; and in such a case the spouses have the legal custody jointly.
Where a custodianship order subsists in respect of an illegitimate child, and no affiliation order relating to the child has been made under the Affiliation Proceedings Act 1957, the custodian of the child may apply to a justice of the peace acting for the petty sessions area in which the child or the child’s mother resides for a summons to be served under section 1 of that Act.
The court shall proceed on the application as on a complaint under that section, but the person entitled to any payments under an affiliation order made on the application shall be the custodian.
An application may not be made under subsection (1)—
if the custodian is married to the child’s mother, or
more than three years after the custodianship order was made.
It is hereby declared that any jurisdiction conferred on a magistrates’ court by virtue of this Part is exercisable notwithstanding that the proceedings are brought by or against a person residing outside England and Wales.
A magistrates’ court may, subject to subsection (3), proceed on an application for an order under this Part notwithstanding that the defendant has not been served with the summons, and rules may prescribe matters as to which the court is to be satisfied before proceeding in such a case.
A magistrates’ court shall not— unless the person has been served with the summons.
make an order under this Part requiring a person to make periodical payments or pay a lump sum towards the maintenance of a child, or
vary an order under this Part so as to increase a person’s liability to make periodical payments towards the maintenance of a child,
Rules may make provision as to the persons who are to be made defendants to a complaint for an order under this Part and where there are two or more defendants to such a complaint the power of the court under section 64(1) of the Magistrates’ Courts Act 1980 (power to award costs etc.) shall be deemed to include power, whatever adjudication the court makes, to order any of the parties to pay the whole or part of the costs of all or any of the parties.
In this section, “rules” means rules made under section 15 of the Justices of the Peace Act 1949.
An authorised court, on making an order to which this subsection applies or at any time while such an order is in force, may by order direct, if an application is made under this section, that no person shall take the child to whom the order relates out of the United Kingdom, or out of any part of the United Kingdom specified in the order, except with the leave of the court.
Subsection (1) applies to the following orders under this Part of this Act—
a custodianship order; and
an interim order under section 34(5) containing provision regarding legal custody.
An authorised court may by order vary or revoke any order made under this section.
An application for an order under subsection (1), or for the variation or revocation of such an order, may be made by the mother or father of the child or by the custodian.
Without prejudice to any existing enactment or rule of law conferring a— any relative, step-parent or foster parent of the child is qualified to apply for, and subject to subsection (2) may be granted, such custody in the same manner as any person so qualified before the commencement of this Act.
right to apply for custody of a child ;
power to grant custody of a child ;
Except in the case of an application under section 2 of the Illegitimate Children (Scotland) Act 1930, custody of a child shall not be granted in any proceedings to a person other than a parent or guardian of the child unless that person—
being a relative or step-parent of the child, has the consent of a parent or guardian of the child and has had care and possession of the child for the three months preceding the making of the application for custody; or
has the consent of a parent or guardian of the child and has had care and possession of the child for a period or periods, before such application, which amounted to at least twelve months and included the three months preceding such application ; or
has had care and possession of the child for a period or periods before such application which amounted to at least three years and included the three months preceding such application ; or
while not falling within paragraph (a), (b) or (c), can show cause, having regard to section 1 of the Guardianship of Infants Act 1925 (the principle on which questions relating to custody, upbringing etc. of children are to be decided) why an order should be made awarding him custody of the child.
Nothing in this section shall prejudice any ancillary power of the court in any proceedings relative to custody.
The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (2)(c) to substitute a different period for the period of three years mentioned in that paragraph (or the period which by a previous order under this subsection was substituted for that period).
In relation to a grant of custody to which this section applies,
" guardian " has the same meaning as in the 1958 Act;
" foster parent" means a person who, at the commencement of the proceedings in which the grant is made, has had care and possession of the child for a period or periods amounting to at least twelve months, whether or not that person continues to have care and possession of the child;
" relative " has the same meaning as in the 1958 Act, except that, where the child is illegitimate, " relative " does not include the father of the child.
The form and manner of any consent required in terms of subsection (2) (a) or (b) may be prescribed by act of sederunt.
A person making an application relating to the custody of a child shall, so far as practicable and in such manner as may be prescribed by act of sederunt, give notice of that application to each known parent of the child, and for this purpose the father of an illegitimate child shall be regarded as a parent of the child.
Any order made by virtue of this Part of this Act may be varied or discharged by a subsequent order, either by the Court ex proprio motu or on the application of any person concerned.
In section 11(1) of the Guardianship Act 1973, for the words from " Where an application " to " relates to the custody of a child " there is substituted " Where an application relating to the custody of a child, other than an application to which Part II of the Matrimonial Proceedings (Children) Act 1958 applies, is made to a court ".
In section 12(2)(a) of the Guardianship Act 1973, for the words from " Where an application " to " by virtue of section 11 of this Act" there is substituted " Where any application, other than one to which Part II of the Matrimonial Proceedings (Children) Act 1958 applies, is made to a court for custody of a child or for the variation or discharge of any order (including an order made by virtue of section 11 above) relating to the custody of a child ".
Where an applicant for custody of a child is a relative, step-parent or foster parent of the child, an order awarding custody to that applicant shall not except on cause shown be made unless the applicant—
in any case where at the time of the application he resided in Scotland, has, within the seven days following the making of the application, given notice thereof to the local authority within whose area he resided at that time;
in any other case, has within such time as the court may direct given, to such local authority in Scotland as the court may specify, notice of the making of the application.
On receipt of a notice under subsection (1) the local authority shall investigate and report to the court on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child.
Paragraphs (b) and (c) of subsection (2) of section 12 of the Guardianship Act 1973 shall apply in relation to an investigation and report in terms of this section as they apply in relation to an investigation and report in terms of paragraph (a) of subsection (2) of that section.
Without prejudice to any existing powers and duties to make payments in respect of the maintenance of children, where a child under the age of eighteen is residing with and being cared for (other than as a foster child) by a person other than a parent of the child, a council constituted under section 2 of the Local Government (Scotland) Act 1994 may make to that person payments for or towards the maintenance of the child.
Where a person has applied for a residence order in relation to a child, it shall be an offence, except with the authority of a court or under authority conferred by any enactment or on the arrest of the child, to remove the child from the care and possession of the applicant against the will of the applicant if—
the child has been in the care and possession of that person for a period or periods before the making of the application which amount to at least three years; and
the application is pending in any court.
In any case where subsection (1) applies, and
was being looked after by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 before he began to have his home with the applicant, and
continues to be looked after by such a council,
to a juvenile court having jurisdiction in the area of the authority which passed the resolution, on the ground that—
with the applicant’s consent;
there was no ground for the making of the resolution, or
with the leave of the court; or
that the resolution should in the interests of the child be determined.
in accordance with an order made, or authority or warrant granted, under Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995.
the council by whom the child is being looked after shall not remove him from the applicant’s care and possession except—
in accordance with section 56 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (constable’s power to remove child to place of safety); or
in accordance with an order or warrant under that Act of 2011.
Any person who contravenes the provisions of subsection (1) commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale or both.
The Secretary of State may by order, a draft of which has been approved by each House of Parliament, amend subsection (1) to substitute a different period for the period mentioned in that subsection (or for the period which, by a previous order under this subsection, was substituted for that period).
In this section “ looked after ” and “ residence order ” have the meanings given respectively by section 17(6) and section 11(2)(c) of the Children (Scotland) Act 1995; and “ residence order ” shall have the same meaning in sections 52 and 53 of this Act.
A court in which an application for a residence order in relation to a child is pending may—
on the application of a person from whose care and possession the child has been removed in breach of section 51, order the person who has so removed the child to return the child to the applicant;
on the application of a person who has reasonable grounds for believing that another person is intending to remove the child from the applicant’s care and possession in breach of section 51, by order direct that other person not to remove the child from the applicant’s care and possession in breach of that section.
Without prejudice to the provisions of section 19 (power to make an interim order giving custody), where on an application for an adoption order in respect of a child the applicant is a person qualified to apply for custody of the child, and the court is of opinion— the court shall direct that the application is to be treated as if it had been made for custody of the child; but where such a direction is made the court shall not cease to have jurisdiction by reason only that it would not have had jurisdiction to hear an application by the applicant for custody of the child.
in the case of an applicant who is a relative of the child or a husband or wife of the mother or father of the child (whether applying alone or jointly with his or her spouse)—
that the child's welfare would not be better safeguarded and promoted by the making of an adoption order in favour of the applicant than it would be by the making of a custody order in his favour; and
that it would be appropriate to make a custody order in favour of the applicant; or
in any other case, that the making of a custody order in favour of the applicant would be more appropriate than the making of an adoption order in his favour,
In the application of this Part of this Act to any case where a direction under subsection (1) has been made—
for references in section 47(2) to the making of an application for custody there shall be substituted references to the making of an application for an adoption order;
for the references in section 49 and paragraph (a) of subsection (1) of section 51 to the making of an application there shall be substituted references to the making of a direction in terms of subsection (1) of this section;
in section 51(1) for the words "for custody of" there shall be substituted the words " for an adoption order in respect of ".
For the purposes of section 11 of the Guardianship Act 1973, any application in respect of which a direction has been made under subsection (1) of this section, is an application for custody of a child.
Without prejudice to any existing grounds of jurisdiction, the court shall have jurisdiction in proceedings for custody of a child if at the time of application for such custody—
the child resides in Scotland ; and
the child is domiciled in England and Wales ; and
the person applying for custody is a person qualified, in terms of subsections (3) to (8) of section 33 of this Act, to apply in England or Wales for a custodianship order in respect of the child.
For the purposes of this section, " the court" means—
the Court of Session ; or
the sheriff court of the sheriffdom within which the child resides.
In sections 50 to 53“child” means a person under the age of sixteen and “relative” means a grand-parent, brother, sister, uncle or aunt, whether of the full blood or half blood or by affinity.
Sections 50 to 53 and this section apply to Scotland only and shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986.
In section 1 of the Children Act 1948, the following subsections are inserted after subsection (3)—
The following section is inserted after section 33 of the Children Act 1948—.
The following section is substituted for section 2 of the Children Act 1948..
In the Children Act 1948, the following sections are inserted after section 4—.
In section 12 of the Children Act 1948, the following subsections are substituted for subsection (1)—.
Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body— the authority may, subject to subsections (5) and (6), resolve that there shall vest in the organisation the parental rights and duties with respect to that child.
that the child is not in the care of any local authority, and
that a condition specified in section 2(1) of the Children Act 1948 is satisfied; and
that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,
While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.
If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly in that other person and the organisation in whose care the child is.
In determining, for the purposes of subsection (1) of this section, whether the condition specified in section 2(1)(b)(i) of the Children Act 1948 is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.
A resolution under subsection (1) may not be passed by a local authority in respect of any child unless—
the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and
that organisation has requested the authority to pass the resolution.
The parental rights and duties which may vest in an organisation by virtue of this section do not include the right to consent or refuse to consent to the making of an application under section 14 and the right to agree or refuse to agree to the making of an adoption order or an order under section 25; and regulations made under section 33(1) of the Children Act 1948 shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.
Subsection (8) of section 2 of the Children Act 1948 shall apply in relation to a resolution under subsection (1) as if it were a resolution under the said section 2.
If it appears to a local authority, having regard to the interests of the welfare of a child living within their area, the parental rights and duties with respect to whom are by virtue of a resolution under section 60 vested in a voluntary organisation, that it is necessary that the parental rights and duties should no longer be vested in the organisation, the local authority shall resolve that there shall vest in them the parental rights and duties relating to the child.
The local authority shall within seven days of passing a resolution under subsection (1) by notice in writing inform the organisation and each parent, guardian or custodian of the child whose whereabouts are known to them that the resolution has been passed.
A resolution under subsection (1) of section 60 shall cease to have effect on the passing of a resolution under subsection (1) of section 61.
Section 6 of the Children Act 1948 shall have effect in relation to a resolution under subsection (1) of section 60 as it has effect in relation to a resolution under section 2 of that Act.
A resolution under subsection (1) of section 61 shall be deemed to be a resolution under section 2 of the Children Act 1948 except that sections 2(2) to (7) and 4(3) of that Act shall not apply.
Subsections (2) to (5) and (7) of section 2 of the Children Act 1948 shall apply to a resolution under section 60 as they apply to a resolution under the said section 2, with the substitution for the reference in subsection (2) to the vesting of parental rights and duties in the local authority of a reference to the vesting of parental rights and duties in the voluntary organisation.
An appeal may be made—
where the complaint relates to a resolution under section 60, by a person deprived of parental rights and duties by the resolution, or
where the complaint relates to a resolution under section 61, by a person who but for that resolution and an earlier resolution under section 60 would have parental rights and duties,
An appeal may be made—
An appeal shall lie to the High Court against the decision of a juvenile court under this section.
Section 4B of the Children Act 1948 shall apply in relation to proceedings under this section.
The following heading and sections are inserted after section 32 of the Children and Young Persons Act 1969—.
in subsection (1), for " subsections (3) and (6)" there is substituted " subsections (3), (6) and (6A) " , and
the following subsection is inserted after subsection (6)—.
In the Social Work (Scotland) Act 1968 the following section is inserted after section 34—.
This section applies to a child—
who is in the care of a local authority under section 1 of the Children Act 1948; and
with respect to whom there is in force a resolution under section 2 of that Act; and
who—
has run away from accommodation provided for him by the local authority under Part II of the said Act; or
has been taken away from such accommodation contrary to section 3(8) of the said Act; or
has not been returned to the local authority as required by a notice served under section 49 of the Children and Young Persons Act 1963 on a person under whose charge and control the child was, in accordance with section 13(2) of the said Act of 1948, allowed to be.
If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child to whom this section applies, he may issue a summons directed to the person so specified and requiring him to attend and produce the child before a magistrates’ court acting for the same petty sessions area as the justice.
Without prejudice to the powers under subsection (2) above, if a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom this section applies is in premises specified in the information, he may issue a search warrant authorising a person named in the warrant, being an officer of the local authority in whose care the child is, to search the premises for the child; and if the child is found, he shall be placed in such accommodation as the local authority may provide for him under Part II of the Children Act 1948.
A person who, without reasonable excuse, fails to comply with a summons under subsection (2) shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
Section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall have effect subject to the following provisions of this section.
In subsection (1) of the said section 32, paragraph (b) shall cease to have effect.
After subsection (1) of the said section 32, there is inserted the following subsection:—.
In subsection (2) of the said section 32, after the words “subsection (1)” there are inserted the words “or (1A)”, and for the words “twenty pounds” there is substituted the word “£100”.
After the said subsection (2), the following subsections are inserted—.
In subsection (3) of the said section 32, for the words “one hundred pounds” there is substituted the word “£400”.
In subsection (4) of the said section 32, for the words “subsection (1)” there are substituted the words “subsections (1), (1A) and (2A)”, and for the words “that subsection” there are substituted the words “subsection (1).”.
The court shall not certify under section 22(5) or section 23(2) or (3) of the Children and Young Persons Act 1969 (committals to remand centres or prison) that a child is of so unruly a character that he cannot safely be committed to the care of a local authority unless the conditions prescribed by order made by the Secretary of State are satisfied in relation to that child. In this section, “court” includes a justice.
The following provisions of the Criminal Procedure (Scotland) Act 1975 (which relate to children of unruly character) shall be amended in the manner specified in paragraphs (a) to (c) below—
in sections 23(1)(b), 24(1), 297(1) and 329(1)(b) of the said Act of 1975 the following words are added at the end— “ ; but the court shall not so certify a child unless such conditions as the Secretary of State may by order made by statutory instrument prescribe are satisfied in relation to the child. ” ;
in sections 23(3) and 329(3) of the said Act of 1975 the following words are added at the end— “ ; but a commitment shall not be so revoked unless such conditions as the Secretary of State may by order made by statutory instrument prescribe are satisfied in relation to the said person. ” ;
in sections 24(2) and 297(2) of the said Act of 1975 the following words are added at the end— “ ; but a commitment shall not be so revoked unless such conditions as the Secretary of State may by order made by statutory instrument prescribe are satisfied in relation to the child. ”.
The following section is inserted after section 59 of the Social Work (Scotland) Act 1968—.
the following subsection is inserted after subsection (1)—;
for subsection (2) there is substituted—;
in subsection (5), after " renewed " there is inserted " by a children's hearing " ;
the following subsections are inserted after subsection (5)—.
for subsection (7) there is substituted—;
for subsection (8) there is substituted—;
the following subsections are inserted after subsection (8)—.
In this Act, unless the context otherwise requires, “the parental rights and duties” means as respects a particular child (whether legitimate or not), all the rights and duties which by law the mother and father have in relation to a legitimate child and his property; and references to a parental right or duty shall be construed accordingly and shall include a right of access and any other element included in a right or duty.
Subject to section 1(2) of the Guardianship Act 1973 (which relates to separation agreements between husband and wife), a person cannot surrender or transfer to another any parental right or duty he has as respects a child.
Where two or more persons have a parental right or duty jointly, any one of them may exercise or perform it in any manner without the other or others if the other or, as the case may be, one or more of the others have not signified disapproval of its exercise or performance in that manner.
From the death of a person who has a parental right or duty jointly with one other person, or jointly with two or more other persons, that other person has the right or duty exclusively or, as the case may be, those other persons have it jointly.
Where subsection (4) does not apply on the death of a person who has a parental right or duty, that right or duty lapses, but without prejudice to its acquisition by another person at any time under any enactment.
Subsections (4) and (5) apply in relation to the dissolution of a body corporate as they apply in relation to the death of an individual.
Except as otherwise provided by or under any enactment, while the mother of an illegitimate child is living she has the parental rights and duties exclusively.
In this Act, unless the context otherwise requires, “legal custody” means, as respects a child, so much of the parental rights and duties as relate to the person of the child (including the place and manner in which his time is spent); but a person shall not by virtue of having legal custody of a child be entitled to effect or arrange for his emigration from the United Kingdom unless he is a parent or guardian of the child.
A person has actual custody of a child if he has actual possession of his person, whether or not that possession is shared with one or more persons.
While a person not having legal custody of a child has actual custody of the child he has the like duties in relation to the child as a custodian would have by virtue of his legal custody.
In this Act, unless the context otherwise requires, references to the person with whom a child has his home refer to the person who, disregarding absence of the child at a hospital or boarding school and any other temporary absence, has actual custody of the child.
A child is in the care of a voluntary organisation if—
the organisation has actual custody of him, or
having had actual custody of him, the organisation has transferred that custody to an individual who does not have legal custody of him.
In the Interpretation Act 1889 after section 19 there is inserted the following section—
The following subsections are substituted for subsections (2) and (3) of section 6 of the Guardianship Act 1973:—.
The following subsection is added after subsection (5) of the said section 6—.
The following subsections are substituted for subsections (3) and (4) of section 4 of the Matrimonial Proceedings (Magistrates' Courts) Act 1960—.
In Subsection (5) of the said section 4, for "subsection (4) " there is substituted " subsections (4) and (4A) ".
The following section is inserted after section 3 of the Births and Deaths Registration Act 1953—
At the end of paragraph (b) of section 10 of the Births and Deaths Registration Act of 1953 (which makes provision for the registration of fathers of illegitimate children) there is addedor
After the said section 10 there is inserted the following section—
In section 9 of the said Act of 1953 (which enables information required to be given to the registrar to be given to other persons) after subsection (3) there are added the following subsections—.
This Part does not extend to Scotland.
In section 1 of the Children Act 1958 (visiting of foster children), the words " so far as appears to the authority to be appropriate " shall cease to have effect, and for the words " from time to time " there are substituted the words " in accordance with regulations made under section 2A of this Act ".
In section 1A of the Children Act 1958 (visiting of foster children in Scotland) the words " where the local authority consider such a course to be necessary or expedient for the purposes of this section," shall cease to have effect, and for the words " from time to time" there are substituted the words " in accordance with regulations made under section 2A of this Act. ".
The following section is inserted in the said Act after section 2—.
In section 3 of the said Act, as it applies to England and Wales, (duty of persons maintaining foster children to notify local authority)—
in subsection (5A), for the words " one or more foster children " there are substituted the words " a foster child " , and for the words " foster children" and " any foster children " there are substituted the words " that foster child " ;
in subsection (5B) for the words " foster children " there are substituted the words " a foster child " , and for the words " any of them as a " there is substituted the word " that " ; and
the following subsection is added at the end—.
The following section is inserted in the Children Act 1958 after section 3—.
In section 14 of the said Act (offences), in subsection (1)(a), after the words " this Part of this Act" there are inserted the words " or under regulations made under section 3A of this Act.
In section 37 of the Children Act 1958 the following subsections are inserted after subsection (1)—.
In subsection (2) of the said section 37, after the words " this section " there are inserted the words " or of regulations made under this section ".
The Secretary of State may cause an inquiry to be held into any matter relating to—
the functions of the social services committee of a local authority, in so far as those functions relate to children ;
the functions of an adoption agency ;
the functions of a voluntary organisation in so far as those functions relate to voluntary homes;
a home maintained by the Secretary of State for the accommodation of children who are in the care of local authorities and are in need of the particular facilities and services provided in the: home;
the detention of a child under section 53 of the Children and Young Persons Act 1933.
The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given, the person holding the inquiry may if he thinks fit hold it or any part of it in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
In this section—
" functions " includes powers and duties which a person has otherwise than by virtue of any enactment;
" voluntary home " means a home or other institution for the boarding, care and maintenance of poor children which is supported wholly or partly by voluntary contributions, but does not include a mental nursing home or residential home for mentally disordered persons within the meaning of Part III of the Mental Health Act 1959.
This section does not apply to Scotland.
In Scotland the Secretary of State may cause an inquiry to be held into any matter relating to—
the functions of a local authority under the Social Work (Scotland) Act 1968 in so far as the matter relates to children;
the functions of a local authority under the enactments specified in paragraph (a) of section 1(4) and paragraphs (b) to (e) and (h) of section 2(2) of the Social Work (Scotland) Act 1968 ;
the functions of an adoption society ;
the functions of a voluntary organisation in so far as those functions relate to establishments to which sections 61 to 68 of the Social Work (Scotland) Act 1968 apply and in so far as the matter relates to children ; or
the detention of a child under—
section 57 or 58A of the Children and Young Persons (Scotland) Act 1937 ; or
section 206 or 413 of the Criminal Procedure (Scotland) Act 1975.
The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given, the person holding the inquiry may if he thinks fit hold it or any part of it in private.
Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
In this section " functions " includes powers and duties exercisable otherwise than by virtue of any enactment.
In this Act " authorised court", as respects an application for an order relating to a child, shall be construed as follows.
If the child is in England or Wales when the application is made, the following are authorised courts—
the High Court;
the county court within whose district the child is and, in the case of an application under section 14, any county court within whose district a parent or guardian of the child is ;
any other county court prescribed by rules made under section 102 of the County Courts Act 1959 ;
a magistrates' court within whose area the child is and, in the case of an application under section 14, a magistrates' court within whose area a parent or guardian of the child is.
If the child is in Scotland when the application is made, the following are authorised courts—
the Court of Session ;
the sheriff court of the sheriffdom within which the child is.
If, in the case of an application for an adoption order or an order under section 14, the child is not in Great Britain when the application is made, the following are authorised courts;—
the High Court;
the Court of Session.
In the case of a Convention adoption order paragraphs (b), (c) and (d) of subsection (2) or, as the case may be, paragraph (b) of subsection (3) do not apply.
In the case of an order under section 25, paragraph (d) of subsection (2) does not apply.
Subsection (2) applies in the case of an application for an order under section 34, 35 or 38 relating to a child who is subject to a custodianship order whether or not the child is in England or Wales and for the purposes of such an application the following are also authorised courts—
the court which made the custodianship order and, where that court is a magistrates' court, any other magistrates' court acting for the same petty session area;
the county court within whose district the applicant is;
a magistrates' court within whose area the applicant is;
where the application is made under section 35 and the child's mother or father or custodian is the petitioner or respondent in proceedings for a decree of divorce, nullity or judicial separation which are pending in a court in England or Wales, that court.
Subsection (2) does not apply in the case of an application under section 30 or 42 but for the purposes of such an application the following are authorised courts—
if there is pending in respect of the child an application for an adoption order or an order under section 14 or a custodianship order, the court in which that application is pending;
in any other case, the High Court, the county court within whose district the applicant lives and the magistrates' court within whose area the applicant lives.
Subsections (3) and (8) do not apply in the case of an application under section 30 in Scotland but for the purposes of such an application the following are authorised courts—
if there is pending in respect of the child an application for— the court in which that application is pending ;
an adoption order ; or
an order under section 14,
in any other case—
the Court of Session ;
the sheriff court of the sheriffdom within which the applicant resides.
Where any application has been made under this Act or the relevant adoption provisions to a county court, the High Court may, at the instance of any party to the application, order the application to be removed to the High Court and there proceeded with on such terms as to costs as it thinks proper.
Subject to subsection (3), where on an application to a magistrates’ court under this Act or the relevant adoption provisions the court makes or refuses to make an order, an appeal shall lie to the High Court.
Where an application is made to a magistrates’ court under this Act or the relevant adoption provisions, and the court considers that the matter is one which would more conveniently be dealt with by the High Court, the magistrates’ court shall refuse to make an order, and in that case no appeal shall lie to the High Court. (4) Any order made on an appeal under subsection (2) from a decision of a magistrates’ court on an application under Part II (other than an order directing that an application shall be re-heard by a magistrates’ court) shall for the purposes of the enforcement of the order and for the purposes of sections 35, 35A and 36 be treated as if it were an order of the magistrates’ court from which the appeal was brought and not of the High Court. (5) In this section “the relevant adoption provisions” means sections 34, 34A and 35(2) of the Adoption Act 1958.
Any agreement or consent which is required by Part I, except section 24(6), or Part II to be given to the making of any order or application for an order may be given in writing, and, if the document Signifying the agreement or consent is— it shall be admissible in evidence without further proof of the signature of the person by whom it was executed.
in the case of an adoption order or an application for an order under section 14, witnessed in accordance with rules, or
in the case of an application made under Part II, witnessed in accordance with rules of court,
A document signifying such agreement or consent which purports to be witnessed in accordance with rules or, as the case may be, with rules of court shall be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.
In the application of this section to Scotland—
for " made under Part II" there is substituted " to which Part II applies ";
for " admissible in evidence" there is substituted " sufficient evidence "; and
for " rules of court" there is substituted " act of sederunt ".
The Secretary of State may by regulations make provision for the establishment of a panel of persons from whom—
guardians ad litem and reporting officers may in accordance with rules or rules of court be appointed for the purposes of—
section 20 of this Act;
section 32B of the Children and Young Persons Act 1969;
section 4B of the Children Act 1948 ;
persons may be appointed for the purposes of section 18A or 34A of the Social Work (Scotland) Act 1968.
Regulations under subsection (1) may provide for the expenses incurred by members of the panel to be defrayed by local authorities.
In relation to Scotland, the reference in subsection (1) to guardians ad litem shall be construed as a reference to curators ad litem.
Nothing in this Act shall restrict or affect the jurisdiction of the High Court to appoint or remove guardians, or otherwise in respect of children.
Where a power to make regulations or orders is exercisable by the Secretary of State by virtue of this Act, regulations or orders made in the exercise of that power shall be made by statutory instrument and may—
make different provision in relation to different cases or classes of case, and
exclude certain cases or classes of case.
A statutory instrument containing regulations made by the Secretary of State under section 103 shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power conferred on the Secretary of State by this Act to make orders includes a power to vary or revoke an order so made.
In this Act, unless the context otherwise requires— . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “child”, except where used to express a relationship, means a person who has not attained the age of 18; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.
to a juvenile court having jurisdiction in the area of the authority which passed the resolution, on the ground that—
" legal custody " means custody ;
In any case where subsection (1) applies, and the child—
" rules " means rules made by act of sederunt.
" local authority " means a regional or islands council; and
" area ", in relation to a magistrates' court, means the commission area (within the meaning of section 1 of the Administration of Justice Act 1973) for which the court is appointed;
" the Convention " means the Convention relating to the adoption of children concluded at The Hague on 15th November 1965 and signed on behalf of the United Kingdom on that date ;
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" actual custody " means care and possession ;
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a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and
a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.
Subject to the following provisions of this section
the enactments specified in Schedule 3 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act), and
the enactments specified in Schedule 4 are repealed to the extent shown in column 3 of that Schedule.
This Act, except the provisions specified in subsections (3) and (4), shall come into force on such date as the Secretary of State may by order appoint and different dates may be appointed for, or for different purposes of, different provisions.
Sections 71, 72 and 82, this section, section 109 and paragraph 57 of Schedule 3 shall come into force on the passing of this Act.
The following provisions of this Act shall come into force on 1st January 1976—
sections 3, 8(9) and (10), 13, 59, 83 to 91, 94, 98, 99, 100 and 103 to 107;
Schedules 1 and 2;
in Schedule 3, paragraphs 1, 2, 3, 4, 6, 8, 9, 13(6), 15, 17, 18, 19, 20, 21(1) (2) and (4), 22 to 25, 27(b), 29, 33, 34(b), 35, 36(b), 38, 39(c) (d) and (e), 40, 43, 48, 49, 51(a), 52(f)(ii) and (g)(ii), 54, 55, 58 to 63, 65 to 70, 75(3), 77, 78, 81 and 83;
Parts I, II and III of Schedule 4.
Until the date appointed under subsection (2) or sections 4 to 7, in this Act and in the 1958 Act “adoption agency” means a local authority or a registered adoption society within the meaning of the 1958 Act.
Until the date so appointed for section 12, section 5(1) of the 1958 Act shall, in relation to an application made after 31st December 1975 for an adoption order, have effect with the addition at the end of paragraph (b) of the following wordsor
Until the date so appointed for section 18, section 21A of the Children and Young Persons Act 1969 shall have effect as if for references to section 25 there were substituted references to section 53 of the 1958 Act.
An order under subsection (2) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force or any provision of the 1958 Act as appear to him to be necessary or expedient in consequence of the partial operation of this Act.
This Act may be cited as the Children Act 1975.
This Act, except— does not extend to Northern Ireland.
section 68;
paragraphs 10, 11 . . . of Schedule 3;
the words " or adoption " in section 9(5) of the Adoption Act 1968, and
the references in that Act to section 19 of the Adoption Act 1958,
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This Part applies for the construction of this Schedule, except where the context otherwise requires. “Adoption” means adoption— and cognate expressions shall be construed accordingly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This definition of adoption includes, where the context admits, an adoption effected before the passing of this Act, and the date of an adoption effected by an order is the date of the making of the order. “Existing”, in relation to any enactment or other instrument, means one passed or made before 1st January 1976 (and whether or not before the passing of this Act). The death of the testator is the date at which a will or codicil is to be regarded as made.
In this Schedule— This Schedule applies to an oral disposition of property as if contained in an instrument made when the disposition was made.
An adopted child shall be treated in law— An adopted child shall be treated in law as if he were not the child of any person other than the adopters or adopter. It is hereby declared that this paragraph prevents an adotped child from being illegitimate. This paragraph has effect— Subject to the provisions of this Part, this paragraph applies for the construction of enactments or instruments passed or made before the adoption or later, and so applies subject to any contrary indication. Subject to the provisions of this Part, the paragraph has effect as respects things done, or events occurring, after the adoption, or after 31st December 1975, whichever is the later.
A relationship existing by virtue of paragraph 3 may be referred to as an adoptive relationship, and— but this paragraph does not prevent the term “parent”, or any other term not qualified by the word “adoptive”, being treated as including an adoptive relative.
a male adopter may be referred to as the adoptive father;
a female adopter may be referred to as the adoptive mother;
any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree,
Paragraph 3— The repeal by this Act of sections 16 and 17 of the 1958 Act, and of provisions containing references to those sections, does not affect their application in relation to a disposition of property effected by an existing instrument. For the purposes of this paragraph, and of paragraph 6, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.
Subject to any contrary indication, the rules of construction contained in this paragraph apply to any instrument, other than an existing instrument, so far as it contains a disposition of property. In applying paragraph 3(1) to a disposition which depends on the date of birth of a child or children of the adoptive parent of parents, the disposition shall be construed as if— but this does not affect any reference to the age of a child. Examples of phrases in wills on which sub-paragraph (2) can operate are— 1. Childern of A “living at my death or born afterwards”. 2. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest, and who attain the age of 21 years”. 3. As in example 1 or 2, but referring to grandfather of A, instead of children of A. 4. A for life “until he has a child”, and then to his child or children. Note. Sub-paragraph (2) will not affect the reference to the age of 21 years in example 2. Paragraph 3(2) does not prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested. Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child, it shall be presumed that once a woman has attained the age of fifty-five she will not adopt a child after execution of the instrument, and notwithstanding paragraph 3 if she does so the child shall not be treated as her child or as the child of her spouse (if any) for the purposes of the instrument. In this paragraph “instrument” includes a private Act settling property, but not any other enactment. Paragraph 3(6) has effect subject to this paragraph.
Paragraph 3 does not apply for the purposes of the table of kindred and affinity in Schedule 1 to the Marriage Act 1949 or sections 10 and 11 (incest) of the Sexual Offences Act 1956. Paragraph 3 does not apply for the purposes of any provision of— Paragraph 3 shall not prevent a person being treated as a near relative of a deceased person for the purposes of section 32 of the Social Security Act 1975 (payment of death grant), if apart from paragraph 3 he would be so treated. Paragraph 3 does not apply for the purposes of section 70(3)(b) or section 73(2) of the Social Security Act 1975 (payment of industrial death benefit to or in respect of an illegitimate child of the deceased and the child’s mother). Subject to regulations made under section 72 of the Social Security Act 1975 (entitlement of certain relatives of deceased to industrial death benefit), paragraph 3 shall not affect the entitlement to an industrial death benefit of a person who would, apart from paragraph 3, to treated as a relative of a deceased person for the purposes of the said section 72.
Paragraph 3(2) does not affect entitlement to a pension which is payable to or for the benefit of a child and is in payment at the time of his adoption.
In the case of a child adopted by one of its natural parents as sole adoptive parent, paragraph 3(2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship
An adoption does not affect the descent of any peerage or dignity or title of honour.
Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, the rights and liabilities under the policy shall by virtue of the adoption be transferred to the adoptive parents who shall for the purposes of the enactments relating to such societies and companies be treated as the person who took out the policy.
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Paragraph 3 does not prevent an adopted child being legitimated under the Legitimacy Act 1926 if either natural parent is the sole adoptive parent. Where an adopted child (with a sole adoptive parent) is legitimated—
Where a disposition depends on the date of birth of a child who was born illegitimate and who— paragraph 6(2) and paragraph 12(4) do not affect entitlement under Part II of the Family Law Reform Act 1969 (illegitimate children). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This paragraph applies for example where— and in all those cases the daughter’s child remains the eldest grandchild of the testator throughout.
A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any propery, whether— if that fact could affect entitlement to the property. A trustee or personal representative shall not be liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution. This paragraph does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.
This Schedule shall not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity of title of honour. This paragraph applies only if and so far as a contrary intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument.
It is hereby declared that references in this Schedule to dispositions of property include references to a disposition by the creation of an entailed interest.
This Schedule does not apply to Scotland.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 24 of the said Act of 1964 (provisions supplementary to section 23), after subsection (1) there is inserted the following subsection—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 1 of the Legitimation (Scotland) Act 1968, (requirements and effects of legitimation) is renumbered subsection (1) and at the end there is added the following subsection—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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an adoption order as denned in section 107 ;
an adoption order under the 1958 Act or the Adoption Act 1950 or any enactment repealed by the Adoption Act 1950 ;
an order effecting an adoption made in Northern Ireland, the Isle of Man or any of the Channel Islands ;
an " overseas adoption " as denned in section 4(3) of the Adoption Act 1968 ; or
any other adoption recognised by the law of Scotland ;
Section 108.
In section 1(1)(b), for the words “one hundred pounds” there are substituted the words “£400”.
In section 12(1)(b) for the words “twenty-five pounds” there is substituted “£400”.
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In section 4—
in subsection (3)(a) after the words " parent or guardian " there are inserted the words " or custodian ";
for subsection (3)(b) there is substituted—.
In section 43(1), for the words " and the Adoption Act 1968 " there are substituted the words " the Adoption Act 1968 and the Children Act 1975 ".
In section 3(1), after the words “shall be required” there are inserted the words “unless the infant is subject to a custodianship order, when the consent of the custodian and, where the custodian is the husband or wife of a parent of the infant, of that parent shall be required”.
In Part I of Schedule 1—
after “Mother” there is inserted “Adoptive mother or former adoptive mother” ;
after “Daughter” there is inserted “Adoptive daughter or former adoptive daughter” ;
after “Father” there is inserted “Adoptive father or former adoptive father” ;
after “Son” there is inserted “Adoptive son or former adoptive son”.
In Schedule 2 in paragraph 2(b) after the words “deceased parent” there are inserted the words “or by the court under section 3 of the Guardianship of Minors Act 1971”.
In section 15, after the words “Maintenance Orders (Reciprocal Enforcement) Act 1972” there are inserted the words “or sections 33 to 45 of the Children Act 1975”.
In section 16(2)(a), after sub-paragraph (v) there are inserted the following sub-paragraphs—.
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For “living new-born child” in each place where it occurs, except sections 6, 7, 8, 34(3) and 36, there is substituted “still-born child”. In section 1(2) after paragraph (d) there is added— In section 14(1)(a) after “section 10” there is inserted “or 1OA”. In section 30 after subsection (1) there is inserted the following subsection— In section 34— In section 41—
In section 5(2) there is inserted at the end the following paragraph—.
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In section 2, as it applies in England and Wales,—
in subsection (1), after the word “guardian” there is inserted the word “custodian” ;
in subsection (4A),—
for the words “registered adoption society as is referred to in Part II of the Adoption Act 1958” there are substituted the words “adoption society approved under Part I of the Children Act 1975”, and
for the words “that Act” there are substituted the words “the Adoption Act 1958”.
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In section 14(2), for the words " one hundred pounds " there are substituted the words " £400 ".
In section 37(2), for the words " one hundred pounds " there are substituted the words " £400 ".
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In this subsection ' the relevant provisions' means this Part, Part III and Part V of this Act and Part I of the Children Act 1975.
In this subsection ' the relevant provisions ' means this Part and Parts III and V of this Act and Part I of the Children Act 1975.
In section 21(1) for the words from " the form " to the end there is substituted " such form as the Registrar General may by regulations specify ".
In section 23(1) for the words from " the form " to the end there is substituted " such form as the Registrar General for Scotland may by regulations specify
In section 26(2) after the words " adoption order" there are inserted the words " other than a Convention adoption order ".
In section 32—
the following subsections are substituted for subsection (1)—;
in subsection (2), for " (1)" there is substituted " (2) " and for the words from " twenty-five pounds " to the end of the subsection there is substituted the word " £400 ";
the following subsection is added after subsection (3)—
In section 33—
in subsection (1)—
for " registered by the authority under this Part of this Act" there is substituted " approved under Part I of the Children Act 1975 ";
for " the exercise of" to the end there is substituted " its own information or that of the Secretary of State ";
in subsection (2), for " by statutory declaration" there is substituted " in a manner specified in the notice ".
In section 35(6) for the word "six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".
In section 36—
in subsection (1) for the words " subsection (2) of section 3 of this Act" there are substituted the words " section 18(1) of the Children Act 1975 "; and
for subsection (3), there is substituted the following—
In section 37—
in subsection (1) for the words " subsection (2) of section 3 of this Act" there are substituted the words " section 18(1) of the Children Act 1975 ";
the following subsections are substituted for subsection (4)—.
In section 40(6)for the words from the beginning to " that is to say" there are substituted the following words " The particulars referred to in subsection (4) of this section are ".
In section 44(2), for the word "six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".
In section 50—
in subsection (1), in paragraph (b), for " any consent" there is substituted " any agreement or consent ";
in subsection (2), for the word " six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ";
in subsection (3), for " adoption society " there is substituted " approved adoption society ".
In section 51(2), for the words "fifty pounds " there is substituted the word " £400 ".
In section 52(1)—
for the words " fifty-three of this Act" there are substituted the words " twenty-five of the Children Act 1975 "; and
for the word " six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".
In section 55, after the words "this Act " there are inserted the words " or Part I of the Children Act 1975 ".
For section 56 there is substituted the following section—
In section 57(1)—
for the definition of " adoption order " there is substituted " ' adoption order' means an order under section 1 of this Act or section 8(1) of the Children Act 1975 ; ",
there are inserted after the definition of " adoption society " the words " ' approved adoption society' means an adoption society approved under Part I of the Children Act 1975 ; ",
after the definition of " body of persons " there are inserted the following definitions—,
for the definition of " guardian" there is substituted ,
after the definition of " relative" there is inserted the following definition—,
After section 57(1) there is inserted—.
In section 109(2) the following paragraph is inserted after paragraph (g)—
In section 49(1), for the words “twenty pounds” there are substituted the words “£100”.
In section 4, the following subsection is inserted at the end—
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In section 3(3)—
for the words " section 53 of the said Act of 1958 " there are substituted the words " section 25 of the Children Act 1975 ";
for the words from " the word ' Provisionally'" to the end of the subsection there are substituted the words " the words ' Proposed Foreign Adoption' or, as the case may require, ' Proposed Foreign Re-adoption' followed by the name, in brackets, of the country in which the order was made. "
For section 64(3)(a) there is substituted—
For section 65(3)(b) there is substituted—
In section 2(2) (functions of the social work committee), the following paragraph is inserted after paragraph (g)—.
For section 5(2) there is substituted—.
In section 6(1)(b), after sub-paragraph (ii) there is inserted the following sub-paragraph—.
In section 10—
in subsection (1), for the words from “with his functions” to the end there is substitutedwith— ;
after subsection (3) there is inserted—.
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in subsection (3), for " section 16 " there is substituted " section 16(1)(a) " and after " local authority" there is inserted " , in whom are vested in accordance with the resolution the parental rights and powers in respect of a child, " ;
the following subsection is inserted after subsection (3)—;
in subsection (4), for " section 16" there is substituted " section 16(1)(a) ";
in subsection (6), for the words " the said section 16 " there is substituted " section 16 of this Act ";
in subsection (7), after the words " local authority " there are inserted the words " or a voluntary organisation ";
in subsection (8)—
for the words " to whom this section applies " there is substituted " , in respect of whom a resolution under section 16 of this Act is in effect, "; and
for the words " fifty pounds" there is substituted " £400 ";
in subsection (9)—
Where— allowed
for the words " fifty pounds " there is substituted " £400 ".
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in subsection (2), for " section 16 " there is substituted " section 16(1)(a) " ;
in subsection (3)—
in paragraph (a), for " paragraph (a)" there is substituted " sub-paragraph (i) ";
for paragraph (b) there is substituted " (b) in the case of a resolution passed by virtue of circumstances specified in sub-paragraph (ii), (iii), or (iv) of subsection (1) of the said section 16, by the person who, but for the resolution, would have the parental rights and powers in relation to the child, ";
after the words " otherwise direct, the local authority" there are inserted the words " , and any voluntary organisation having parental rights and powers with respect to the child, ";
in subsection (4), after the words "local authority" there are inserted the words " or voluntary organisation ".
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for paragraphs (b) and (c) there is substituted—;
in paragraph (d), for the words " Children and Young Persons (Scotland) Act 1937 " there is substituted " Criminal Procedure (Scotland) Act 1975 ";
after paragraph (d) there is inserted—.
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In section 69— .
in subsection (1), at the end there are added the following words— “ ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.”.
for subsection (5) there is substituted—
In section 70, at the end there are added the following words— “; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.”.
In section 7, for the words “one hundred pounds” there is substituted “£400”.
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for the words "form set out in Schedule 1 to the Act of 1958, as modified by this subsection " there are substituted the words " form specified for the purposes of this subsection in regulations made by the Registrar General under section 21 of the Act of 1958 "; and
the words from " and for the purposes" to the end are repealed.
In section 8(5)—
for paragraph (b) there is substituted—;
paragraph (c) is repealed ;
for paragraph (d) there is substituted—
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for the definition of "adoption order" there is substituted the following definition—;
in the definition of "specified order" for the words "section 1 of this Act" there are substituted the words "sections 8(1) and 24 of the Children Act 1975".
In section 12(2), for the words from "made by virtue of" to "any of those provisions)" there are substituted the words "containing rules made by the Lord Chancellor under subsection (1) of this section".
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In section 1(2) the following paragraph is inserted after paragraph (b)—
The following section is inserted after section 11—
In section 21—
the following subsection is inserted after subsection (2)—;
in subsection (3) for “the preceding subsection” there is substituted “subsection (2) of this section”.
The following section is inserted after section 21—
In section 27—
in subsection (3), for the words “their general duty aforesaid” there are substituted the words “their general duty under section 12(1) of the Children Act 1948” ;
the following subsections are substituted for subsection (4)—
In section 58(1), the following paragraph is inserted after paragraph (b)—.
In Schedule 1— In schedule 8—
In Schedule 1—
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Children Act 1975 (c. 72) Part I ... Maintenance of Adoption Service ; function of local authority as adoption agency ; applications for orders freeing children for adoption ; inquiries carried out by local authorities in adoption cases. Part II ... Application by local authority for revocation of custodianship order ; inquiries carried out by local authority in custodianship cases.
In section 9— In section 13(2), after the words “order for the payment of money” there are inserted the words “made by a magistrates’ court”. In section 16—
In Schedule 1—
in paragraph 6, after the words “Social Security Act 1966” there are inserted the words “or section 45 of the Children Act 1975” ;
after paragraph 11, there is inserted the following paragraph—
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In section 44(1), for the words “custody of any person” there are substituted the words “care of any person”.
In section 50(1), at the end of paragraph (e) there are inserted the following words—or .
In section 4(3) for the words from “the following provisions” to the end there are substituted the following words “sections 12(2) and 13 of the Guardianship of Minors Act 1971 shall apply as if the order made under section 2 of this Act were an order under section 9 of the Guardianship of Minors Act 1971.” After section 4(3) there is inserted the following subsection—
In section 6(1), for “section 9 of the Guardianship of Minors Act 1971 or section” there is substituted “section 5 or 9 of the Guardianship of Minors Act 1971 or section 1(3) or”.
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for paragraph 3(d), there is substituted—;
the following paragraphs are inserted after paragraph 3(e)—.
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Section 108.
Chapter Short Title Extent of Repeal 16 & 17 Geo. 5. c. 29 Adoption of Children Act 1926. The whole Act so far as unrepealed 3 & 4 Geo. 6. c. 42. Law Reform (Miscellaneous Provisions) (Scotland) Act 1940. Section 2(1) and (3). 11 & 12 Geo. 6. c. 43. Children Act 1948. In section 59(1), in the definition of “parent”, paragraph (a). 11 & 12 Geo. 6. c. 53. Nurseries and Child-Minders Regulation Act 1948. In section 13(2), in the definition of “relative” (as inserted by section 13 of the Adoption of Children Act 1949), paragraph (a). 12 & 13 Geo. 6. c. 76. Marriage Act 1949. In section 68(3), the words from “includes” to “but”. 12, 13 & 14 Geo. 6. c. 98. Adoption of Children Act 1949. Section 13(1)(a). 14 & 15 Geo. 6. c. 11. Administration of Justice(Pensions) Act 1950. Section 26(2). 1 & 2 Eliz. 2. c. 20. Births and Deaths Registration Act 1953. In section 41, in the definition of “relative” the words from “and in relation to” to the end. 3 & 4 Eliz. 2. c. 18. Army Act 1955. In section 150(5), in the paragraph relating to a child of a person, the words “or adopted” and the words from “and in this paragraph” to the end of the paragraph. 3 & 4 Eliz. 2. c. 19. Air Force Act 1955. In section 15(5), in the paragraph relating to a child of a person, the words “or adopted” and the words from “and in this paragraph” to the end of the paragraph. 4 & 5 Eliz. 2. c. 69. Sexual Offences Act 1956. In section 28(4), in paragraph (a) the words from “has been adopted” to “a girl who” and the words “(and has not been so adopted)”. 4 & 5 Eliz. 2. c. 70. Marriage (Scotland) Act 1956. In section 1(5), paragraph (a) and the words “or adoptive parent” in paragraph (b). 6 & 7 Eliz. 2. c. 65. Children Act 1958. In section 17, the definition of “parent”. 6 & 7 Eliz. 2. c. 40. Matrimonial Proceedings (Children) Act 1958. In section 7(1)(b), the words “or an adopted”. Section 7(3). 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Sections 13 and 14. Section 15(1), (2) and (3). Sections 16 and 17. Section 18(1). Section 25. In section 52(1) the words “(whether in law or in fact)”. In section 57(1), in the definition of “relative” paragraph (a). Section 58(2) and (3). In Schedule 5, paragraphs 1 to 4. 7 & 8 Eliz. 2. c. 65. Fatal Accidents Act 1959. In section 1, subsection (2)(a) and subsection (3). 7 & 8 Eliz. 2. c. 72. Mental Health Act 1959. In section 49, in subsection (2) the words from “an adopted person” to “as aforesaid”, and subsection (5). 8 & 9 Eliz. 2. c. 48. Matrimonial Proceedings (Magistrates Courts) Act 1960. In section 16(1), the words “or adopted” and “but does not include a child adopted by some other person or persons”, and the words from “and ’adopted’” to the end. 8 & 9 Eliz. 2. c. 59. Adoption Act 1960. Section 1(2). 8 & 9 Eliz. 2. c. 61. Mental Health (Scotland) Act 1960. In section 45, in subsection (2) the words from “adopted person” to “person; and”; and subsection (5). 1964 c. 57. Adoption Act 1964. Section 1(1), (2) and (4). 1965 c. 49. Registration of Births, Deaths and Marriages (Scotland) Act 1965. In section 56(1), in the definition of “relative” the words from “and in relation to” to the end. 1965 c. 53. Family Allowances Act 1965. Section 17(4). 1967 c. 29. Housing Subsidies Act 1967. In section 24(3)(c), the word “adopted”. 1967 c. 81. Companies Act 1967. In section 30(2), the words “and adopted son” and “and adopted daughter”. In section 31(5), the words “and adopted son” and “and adopted daughter”. 1967 c. 88. Leasehold Reform Act 1967. In section 7(7), the words “and any adopted son or daughter”. In section 18(3), the words “and any adopted son or daughter”. 1968 c. 49. Social Work (Scotland) Act 1968. In section 94(1), in the definition of “parent”, paragraph (a). 1968 c. 53. Adoption Act 1968. Section 4(1) and (2). Section 10(2) and (3). 1968 c. 71. Race Relations Act 1968. In section 7(4) the words “and any adopted son or daughter”. 1971 c. 56. Pensions (Increase) Act 1971. In section 3(7), the words from “and includes” to the end. 1973 c. 16. Education Act 1973. In section 3(5), the words from “and a child” to the end. 1973 c. 18. Matrimonial Causes Act 1973. In section 52(1), the definition of “adopted” and, in the definition of “child”, the words “or adopted”. 1973 c. 45. Domicile and Matrimonial Proceedings Act 1973. In section 4(5), the words from “and in its application” to the end. 1975 c. 14. Social Security Act 1975. In section 32(3)(c), the words “the same relationship by adoption and to include also”. In section 71(6), the words “and a parent by adoption”. In section 161(2), the words “a son or daughter by adoption and”. In Schedule 20, in the definition of “relative” the words “or adoption”. 1975 c. 61. Child Benefit Act 1975. Section 24(3)(c). The repeals of sections 16 and 17 of the 1958 Act, and of provisions containing references to those sections, have effect subject to paragraph 5(2) of Schedule 1, and the other repeals in this Part have effect as respect things done, or events occurring, after 31st December 1975.
Chapter Short Title Extent of Repeal 16 & 17 Geo. 5 c. 60. Legitimacy Act 1926. Section 1(3). Sections 3 to 5. In section 8(2), the words from “and to the taking” to “of a legitimated person”. In section 11, the definitions of “disposition”, “intestate” and “entailed interest”. 1969 c. 46. Family Law Reform Act 1969. Section 14(8). Section 15(4) and (6). These repeals have effect subject to paragraph 12(9) of Schedule 1.
Chapter Short Title Extent of Repeal 23 & 24 Geo. 5 c. 12. Children and Young Persons Act 1933. In section 1, in subsection (1)(a), the words “not exceeding one hundred pounds”, and in subsection (5), the words from “the maximum” to “pounds, and”. 1937 c. 37. Children and Young Persons (Scotland) Act 1937 In section 12, in subsection (1)(a), the words “not exceeding one hundred pounds”, and in subsection (5)(a) the words from “the maximum” to “pounds, and”. 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. In section 4(2), the words from “(either” to “brought up)”. Section 7(1)(b) and (2). Section 21(3). In section 20(4), the words from “pursuant to” to “in force”. Section 49. In section 57(1) the definition of “infant”. Schedules I and 2. 1963 c. 37. Children and Young Persons Act 1963. Section 54. 1965 c. 49. Registration of Births, Deaths and Marriages (Scotland) Act 1965. Section 54(1)(d). 1968 c. 22. Legitimation (Scotland) Act 1968. In section 6(3), the words “or to subsection (1) of that section”. 1968 c. 53. Adoption Act 1968. Sections 1 to 3. In section 9(5), the words “or adoption”. In section 11(1), the definitions of “qualified infant”, “qualified person” and “qualified spouses”. In section 12(1), the words “or under Part I of the Act of 1958 in its application to adoption orders and proposed adoption orders”, the words “or the said Part I” in both places where they occur and the words from “and the rules” to the end. In section 14(3), the words from “except the” to “1958 and”. 1969 c. 54. Children and Young Persons Act 1969. Section 27(2). 1973 c. 29. Guardianship Act 1973. Section 3(5). These repeals take effect on 1st January 1976.
Chapter Short Title Extent of Repeal 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Sections 1 and 2. Sections 4 and 5. Section 7(1)(a) and (c) and (3). Section 9(1) and (5). Section 10. Section 1 1 (1) and (3). Section 12. Section 21(2). 1966 c. 19. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966. Section 4. 1971 c. 3. Guardianship of Minors Act 1971. Section 16(2). These repeals take effect on the date section 8(1) comes into force.
Chapter Short Title Extent of Repeal 10 & 11 Geo. 6. c. 43. Children Act 1948. Section 3(1) and (2). 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 15(4) and (5). 7 & 8 Eliz. 2. c. 72. Mental Health Act 1959. In Schedule 7, the entry relating to the Children Act 1948. 1963 c. 37. Children and Young Persons Act 1963. Section 48. 1968 c. 49. Social Work (Scotland) Act 1968. Section 17(1) and (2). In section 18(4) the words “but where on such an application the court appoints a guardian the resolution shall cease to have effect”. 1971 c. 3. Guardianship of Minors Act 1971. In section 5(2) the words from “but where” to the end. These repeals take effect on the date sections 57 and 74 come into force.
Chapter Short Title Extent of Repeal 1953 c. 20. Births and Deaths Registration Act 1953. In section 3, the words “and of any person in whose charge the child may be placed” and the proviso. In section 6, the words “or finding” and in that section and in section 7 the words “or from the date when any living new-born child is found exposed”. In section 8, the words “or, in the case of a living newborn child found exposed, from the date of the finding”. In section 36(a), the words “or any living new born child”. 1969 c. 46. Family Law Reform Act 1969. Section 27(2), (3), (4) and (5). These repeals take effect on the date section 92 comes into force.
Chapter Short Title Extent of Repeal 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 28(2). Sections 30 and 31. In section 32(3) the words from “children” to the end. In section 57(1) the definitions of “charitable association” and “registered adoption society”. Schedule 3. 1970 c. 42. Local Authority Social Services Act 1970. In column 2 of Schedule 1, the words “Making etc. arrangements for the adoption of children; regulation of adoption societies.”. These repeals take effect on the date section 4 comes into force.
Chapter Short Title Extent of Repeal 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 6. Section 9(7) and (8). Section 11(4) and (5). These repeals take effect on the date section 20 comes into force.
Chapter Short Title Extent of Repeal 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 3. Section 8. Section 53. In section 57(1), the definition of “Compulsory School age”. These repeals take effect on the date section 18 comes into force.
Chapter Short Title Extent of Repeal 10 & 11 Geo. 6 c. 43. Children Act 1948. Section 45(2). Section 46. 1969 c. 54. Children and Young Persons Act 1969. Section 65(2). These repeals take effect on the date paragraphs 46 and 47 of Schedule 3 come into force.
Chapter Short Title Extent of Repeal 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. In section 37(1), paragraph (a), the words " of the person first mentioned in paragraph (a) of this subsection or, as the case may be," and the words " but is not a foster child within the meaning of Part I of the Children Act 1958 ". Section 37(2) and (5). Section 40(1), (2) and (3). Sections 41 and 42. In section 43(1), the words from " or in contravention " to " of this Act". These repeals take effect on the date paragraph 31 of Schedule 3 comes into force.
Chapter Short Title Extent of Repeal 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. In section 37(1), paragraph (a), the words “of the person first mentioned in paragraph (a) of this subsection or, as the case may be,” and the words “but is not a foster child within the meaning of Part I of the Children Act 1958”. Section 37(2) and (5). Section 40(1), (2) and (3). Sections 41 and 42. In section 43(1), the words from “or in contravention” to “of this Act”. These repeals take effect on the date paragraph 31 of Schedule 3 comes into force.
Chapter Short Title Extent of Repeal 1973 c. 29. Guardianship Act 1973. In section 2, in subsection (2) (b), the words " or to any other individual" and in subsection (4)(a) the words " or to any person given the custody of the minor ". In section 3(3), the words from " or (before " to " section 9(1) of that Act" and the words from " and section 16(5)" to the end. These repeals take effect on the date section 33 comes into force.
Chapter Short Title Extent of Repeal 1973 c. 29. Guardianship Act 1973. In section 2, in subsection (2)(b), the words “or to any other individual” and in subsection (4)(a) the words “or to any person given the custody of the minor”. In section 3(3), the words from “or (before” to “section 9(1) of that Act” and the words from “and section 16(5)” to the end. These repeals take effect on the date section 33 comes into force.