SCHEDULES

SCHEDULE 4 Minor and Consequential Amendments

Children Act 1975 (c. 72)

I126

1

The Children Act 1975 shall be amended in accordance with this paragraph.

2

Sections 47 to 49 shall cease to have effect.

3

In section 50 (payments towards maintenance for children), for the words from “custody” to “authority” substitute “ a child under the age of sixteen 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 M1Local Government (Scotland) Act 1994 ”.

4

In section 51 (restriction on removal of child where applicant has provided home for three years)—

a

in subsection (1), for the words “custody of” substitute “ a residence order in relation to ”;

b

for subsection (2) substitute—

2

In any case where subsection (1) applies, and the child—

a

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

b

continues to be looked after by such a council,

the council by whom the child is being looked after shall not remove him from the applicant’s care and possession except—

i

with the applicant’s consent;

ii

with the leave of the court; or

iii

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.

c

at the end add—

5

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.

5

In section 52 (return of child taken away in breach of section 51), for the words “custody of” substitute “ a residence order in relation to ”.

6

Section 53 (custody order on application for adoption in Scotland) shall cease to have effect.

7

In section 55 (interpretation and extent), for the words “sections 47 to 54”, in both places where they occur, substitute “ sections 50 to 53 ”.

8

Sections 73 to 84, 89, 99, 100, 102 and 103 shall cease to have effect.

9

Section 107 (interpretation), except in so far as subsection (1) defines “adoption society”, “child” and “voluntary organisation”, shall cease to have effect.

10

In Schedule 3 (minor and consequential amendments), paragraph 52 to 57 shall cease to have effect.