Part IIE+W+S Accommodation etc. for children in care, and foster children
Community homesE+W+S
35—45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W
46 Discontinuance of approved schools etc. on establishment of community homes. E+W
(1)If in the case of any approved school, [F2or remand home within the meaning of the M1Criminal Justice Act 1948 or approved probation hostel [F3within the meaning of the Probation Service Act 1993]] (hereafter in this section referred to as an “approved institution”) it appears to the Secretary of State that in consequence of the establishment of community homes for a planning area the institution as such is no longer required, he may by order provide that it shall cease to be an approved institution on a date specified in the order.
(2)The provisions of Schedule 3 to this Act shall have effect in relation to institutions which are, or by virtue of this section have ceased to be, approved institutions.
Textual Amendments
F2Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36
F3Words in s. 46(1) substituted (5.2.1994) by 1993 c. 47, ss. 32, 33, Sch. 3 para. 3(3).
Modifications etc. (not altering text)
C1S. 46 amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 17
Marginal Citations
M11948 c. 58(39:1).
47—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W
Textual Amendments
F5Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
52
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
X1(4)Section 37 of the M2 Adoption Act 1958 (which defines “ protected child” for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—
(a)in paragraph (a) of subsection (1) (which refers to arrangements for placing a child in the care of a person who is not a parent, guardian or relative of his) after the words “ relative of his” there shall be inserted the words “ but who proposes to adopt him” ;
(b)in subsection (1) (which among other matters excludes a foster child from the definition of “ a protected child”) the words “ but is not a foster child within the meaning of Part I of the Children Act 1958” shall be omitted ; and
(c)in subsection (2) (which excludes certain children from the definition of protected child, including children only temporarily in the care and possession of a person under such arrangements as are referred to in subsection (1)(a) of that section) the words from “ by reason” to “ that subsection, nor” shall be omitted.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Editorial Information
X1The text of s. 52(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F6Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
F7Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Marginal Citations
53—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W
Textual Amendments
F8Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
56, 57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S
Textual Amendments
F9Ss. 56, 57 repealed by (E.W.) Foster Children Act 1980 (c. 6, SIF 20), Sch. 3 and (S.) Foster Children (Scotland) Act 1984 (c. 56, SIF 20), Sch. 3
Words "49 and the said sections" in s. 57(4) expressed to be repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch.1 Appendix C