Health And Social Services And Social Security Adjudications Act 1983

Section 9.

SCHEDULE 2U.K. Miscellaneous Amendments Relating to Children and Young Persons

Adoption Act 1958 (c. 5.)E+W+S

1E+W+SThe repeals—

(a)of section 33 of the Adoption Act 1958 (inspection of books of registered adoption societies) by the M1Adoption Act1976 and by the M2Adoption (Scotland) Act 1978; and

(b)of sections 34(4) and (5) and 34A(6A) and (6B) of that Act by the Adoption (Scotland) Act 1978,

are hereby brought into force.

[F1 Children Act 1958 (c.65.)E+W+S

2E+W+SIn section 7 of the Children Act 1958 (removal of foster children kept in unsuitable surroundings) for subsection (4) there shall be substituted the following subsection.

“(4)A local authority may receive into their care under section fifteen of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc), any child removed under this section, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of the said section 15 and notwithstanding that he may appear to the local authority to be over the age of seventeen.”.]

[F2 Mental Health Act 1959 (c. 72.)]E+W

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Social Work (Scotland) Act 1968 (c. 49.)U.K.

4In subsection (3A) of section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.)—

(a)for the words “notwithstanding that no” there shall be substituted the words “whether or not a”; and

(b)for paragraph (b) there shall be substituted the following paragraph—

“(b)by a parent or guardian of the child in relation to whom no resolution under section 16 of this Act is in effect with respect to the child and who has given the local authority not less than 28 days’ notice in writing of his intention to do it.”.

5In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—

(a)in subsection (1), for the words “, the local authority” there shall be substituted the words “or of a voluntary organisation, they”;

(b)in subsection (2), for the words “a local authority” there shall be substituted the word “they”, and after the words “the local authority”, there shall be inserted the words “or voluntary organisation”; and

(c)in subsection (3), after the word “authority”, there shall be inserted the words “or voluntary organisation”, and for the words “section 17(3)” there be substituted the words “sections 17(3), 17(3A)”.

6In subsection (2) of section 23 of that Act (power of Secretary of State to consent to emigration of child in care of local authority in certain circumstances) for the words “or relative” there shall be substituted the words “relative or friend”.

7U.K.In subsection (1) of section 31 of that Act (restriction on prosecution of children for offences) after the word “child” on each occurrence there shall be inserted the words “under the age of sixteen years”.

8In section 42 of that Act (application from reporter to sheriff for findings)—

(a)in subsection (6) at the beginning there shall be inserted the words “Subject to subsection (6A) of this section,”;

(b)after subsection (6) there shall be inserted the following subsection—

“(6A)Notwithstanding the provisions of subsection (2)(c) of this section, where, in the course of the proceedings before the sheriff, the child and his parent accept any of the grounds in respect of which the application has been made, the sheriff may dispense with the hearing of evidence relating to that ground unless he is satisfied that in all the circumstances such evidence should be heard, and deem that ground to have been established for the purposes of this section.”; and

(c)in subsection (7) at the end there shall be added the words—

“except that where any of the grounds for the referral are accepted by the child’s parent, whether or not accepted by the child, then, notwithstanding subsection (6A) of this section, the sheriff may dispense with the hearing of evidence relating to that ground if he is satisfied that in all the circumstances it would be reasonable to do so.”

F3 Family Law Reform Act 1969 (c. 46.)U.K.

F49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54.)U.K.

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15In section 25 of that Act (transfers of children in care between England or Wales and Northern Ireland)—

(a)in subsection (1), after the words “training school order” there shall be inserted the words “or by an order under subsection (2) below”; and

(b)in subsection (2), after the words “interim order” there shall be inserted the words “or by an order under subsection (1) above”.

16U.K.In subsection (3) of section 32 of that Act (which creates an offence of compelling, persuading, inciting or assisting another person to become or continue to be absent as mentioned in subsection (1) of that section) the words “or (1A)” shall be inserted after the word “(1)”.

17E+W+SSection 46 of that Act (discontinuance of approved schools etc. on establishment of community homes) and Schedule 3 to that Act (which relates to such schools and to other institutions) shall have effect as if—

(a)any reference to a regional plan approved by the Secretary of State included a reference to a home being designated as a community home under section 31 of the M3Child Care Act 1980; and

(b)any reference to a planning area included a reference to the area of a local authority.

18E+W+SIn section 65(3) of that Act (grants to voluntary organisations etc.) for the words from “such” to “institution” there shall be substituted the words “part of the premises occupied by the institution forms part of a controlled or assisted community home.”.

19E+W+SIn section 73 of that Act (citation, commencement and extent) in subsection (6) (by virtue of which section 32(1) and (4), among other provisions, extend to the Channel Islands) after the words “32(1)” there shall be inserted the word “,(1A)”

F10Matrimonial Causes Act 1973 (c. 18.)E+W

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F12 Powers of Criminal Courts Act 1973 (c. 62.)E+W

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Children Act 1975 (c. 72.)U.K.

[F1422SIn section 4(1) of the Children Act 1975 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a)in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b)in the second place where it occurs, the word “desires”.]

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25U.K.In section 51 of that Act (restriction on removal of child where applicant has provided home for three years), for the word “custody”—

(a)where it secondly occurs in subsection (1); and

(b)in subsection (2),

there shall be substituted the words “care and possession”.

26U.K.In section 52 of that Act (return of child taken away in breach of section 51) for the word “custody”, except where it first occurs, there shall be substituted the words “care and possession”.

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[F1828SIn section 103 of that Act (guardians ad litem etc.)—

(a)in subsection (1), for the words “a panel” there shall be substituted the words “one or more panels”; and

(b)the following subsection shall be substituted for subsection (2)—

“(2)Regulations under subsection (1) may provide—

(a)for the defrayment by local authorities of expenses incurred by members of a panel established by virtue of that subsection; and

(b)for the payment by local authorities of fees and allowances for members of such a panel.”]

Adoption Act 1976 (c. 36.)E+W+S

29E+W+SIn section 3(1) of the Adoption Act 1976 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a)in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b)in the second place where it occurs, the word “desires”.

30E+W+SSection 10 of that Act (inspection of books of approved adoption societies) is repealed.

31E+W+SIn section 18(6) of that Act (which relates to the freeing of a child for adoption) for the words “who agrees to the adoption of the child” there shall be substituted the words “of the child who can be found”.

32E+W+SIn section 24(2) of that Act (which prevents a court making an adoption order in relation to a child unless it is satisfied that the applicants have not, as respects the child, made any payment or given any reward to a person in contravention of section 57) for the words from “made” to “of” there shall be substituted the word “contravened”.

33E+W+SSubsections (4) and (5) of section 27 and (8) and (9) of section 28 of that Act (restrictions on removal of child) shall cease to have effect.

F1934E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35E+W+SThe following section shall be inserted after section 58 of that Act—

“58A Information concerning adoption.

(1)Every local authority and every approved adoption society shall transmit to the Secretary of State, at such times and in such form as he may direct, such particulars as he may require with respect—

(a)to their performance of all or any of their functions under the enactments mentioned in subsection (2) below; and

(b)to the children and other persons in relation to whom they have exercised those functions.

(2)The enactments referred to in subsection (1) above are—

(a)the Adoption Act 1958;

(b)Part I of the Children Act 1975; and

(c)this Act.

(3)The clerk of each magistrates’ court shall transmit to the Secretary of State, at such times and in such form as he may direct, such particulars as he may require with respect to the proceedings of the court under the enactments mentioned in subsection (2) above.

(4)The Secretary of State shall publish from time to time abstracts of the particulars transmitted to him under subsections (1) and (3) above.”.

36E+W+SIn subsection (4) of section 63 of that Act (appeals, etc.) for the words from the beginning to “appeal” there shall be substituted the words “No appeal shall lie to the High Court”.

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Adoption (Scotland) Act 1978 (c. 28.)E+W+S

38E+W+SIn section 3(1) of the Adoption (Scotland) Act 1978 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a)in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b)in the second place where it occurs, the word “desires”.

39E+W+SSection 10 of that Act (inspection of books of approved adoption societies) is repealed.

40E+W+SIn section 18(6) of that Act (freeing of child for adoption) for the words “who agrees to the adoption of the child” there shall be substituted the words “of the child who can be found”.

41E+W+SIn section 24(2) of that Act (no adoption order unless the court is satisfied that the applicants have not, as respects the child, made any payment or given any reward to a person in contravention of section 51) for the words from “made” to “of” there shall be substituted the word “contravened”.

42E+W+SSubsections (4) and (5) of section 27 and (8) and (9) of section 28 of that Act (restrictions on removal of child) shall cease to have effect.

43E+W+SIn subsections (1) and (2) of sections 27 and 28 and in section 29 of that Act (restrictions on removal of child) for the word “custody” wherever it occurs there shall be substituted the words “care and possession”.

44E+W+SIn section 29 of that Act (return of child taken away) after “28”, in each place where it occurs in subsections (1) and (2), there shall be inserted “, or section 27 or 28 of the M4Adoption Act 1976”.

45E+W+SIn section 65(1) of that Act—

(a)in the definition of “adoption order”, after “20” there shall be inserted “, 27 and 28”; and

(b)at the end of the definition of “order freeing a child for adoption” there shall be added “and, in section 27(2), includes an order under section 18 of the M5Adoption Act 1976 (order freeing a child for adoption made in England and Wales)”.

F21Child Care Act 1980 (c. 5.)E+W

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F36 InterpretationE+W+S

[F3760SThe word “actual” shall be inserted before the word “custody”, wherever it occurs in—

(a)sections 34(1) and (2) and 34A(1) and (2) of the M6Adoption Act 1958;

(b)sections 30(1) and (2), 41(1) and (2) and 42(1) and (2) of the M7Children Act 1975; and

(c)sections 27(1) and (2), 28(1) and (2), 29(1) and (2) and 30(1)(a) and (b) of the M8Adoption Act 1976.]

[F3861SIn section 57(2) of the Adoption Act 1958, for the words “care or possession”, in both places where they occur, there shall be substituted the words “actual custody”.]

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