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Child Abduction and Custody Act 1985

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Changes to legislation:

Child Abduction and Custody Act 1985, Paragraph 5 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

5U.K.An order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F1residence, custody, care or control of a child or contact with, or] access to a child, excluding—

(i)an order placing a child under the supervision of a local authority;

F2F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2F4( iia ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)an order relating to the [F5guardianship] of a child;

(iv)an order made under section [F686 of the Children (Scotland) Act 1995];

F7(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)an order made in proceedings under this Act.

[F8(vii)[F9 an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);

an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);

(viii)a permanence order (as defined in subsection (2) of section 80 of that Act) which includes provision such as is mentioned in paragraph (c) of that subsection.]]

[F10(ix)an order made, or warrant or authorisation granted, under or by virtue of the Children’s Hearings (Scotland) Act 2011 to remove the child to a place of safety or to secure accommodation (those expressions having the meanings given by section 202(1) of that Act), to keep the child at such a place or in such accommodation, or to prevent the removal of the child from a place where the child is being accommodated (or an order continuing, varying or discharging any order, warrant or authorisation so made or granted).]

Textual Amendments

F1Words in Sch. 3 Pt. II para. 5 substituted (1.11.1996 subject to arts. 4-7 of the commencing S.I.) by 1995 c. 36, s. 104(4), Sch. 4 para. 37(6)(a)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F3Sch. 3 para. 5(ii) repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

F4Sch. 3 para. 5(iia) repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

F5Words in Sch. 3 Pt. II para. 5(iii) substituted (1.11.1996 subject to arts. 4-7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F6Words in Sch. 3 Pt. II para. 5(iv) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F8Sch. 3 para. 5(vii)(viii) inserted (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 2 para. 4; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

Modifications etc. (not altering text)

C1Sch. 3 Pt. II para. 5(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 4

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