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Children Act 1975

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This is the original version (as it was originally enacted).

78Safeguarding of interests of children in proceedings in Scotland relating to the assumption of parental rights

In the Social Work (Scotland) Act 1968 the following section is inserted after section 18—

“18ASafeguarding of interests of children in proceedings relating to the assumption of parental rights.

(1)In any proceedings under section 16(8), 16A(3) or 18(3) of this Act, the sheriff—

(a)shall consider whether it is necessary to appoint a person for the purpose of safeguarding the interests of the child in the proceedings ; and

(b)without prejudice to any existing power to appoint a person to represent the interests of the child, may, if he thinks fit, appoint a person to act for the purpose specified in paragraph (a) above.

(2)The power to make rules under section 32 of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 shall include power to make rules providing for—

(a)the procedure in relation to the disposal of matters arising under this section;

(b)appointment under subsection (1) of this section, the functions of a person so appointed and any right of such a person to information relating to the proceedings in question.”.

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