Social Work (Scotland) Act 1968

17 Effect of assumption by local authority of parental rights. S

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) A resolution under [F2 section 16(1)(a)] of this Act shall not prevent the local authority from allowing, either for a fixed period or until the local authority [F3 , in whom are vested in accordance with the resolution the parental rights and powers in respect of a child,] otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the authority to be for the benefit of the child.

[F4 (3A) A resolution under section 16(1)(b) of this Act shall not prevent the voluntary organisation, in whom are vested in accordance with the resolution the parental rights and powers in respect of a child, from allowing, either for a fixed period or until the voluntary organisation otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the voluntary organisation to be for the benefit of the child.]

(4) Where a resolution under [F5 section 16(1)(a)] of this Act is in force in respect of a child and the child has ceased to be in the care of the local authority by whom the resolution was passed, then (without prejudice to the provisions of section 15 of this Act if those provisions apply) the local authority by whom the resolution was passed shall have power to receive the child back into their care in any circumstances in which it appears to them that their intervention under this subsection is necessary in the interests of the welfare of the child.

(5) Where a local authority receive a child into their care under the last foregoing subsection, the provisions of this Act, except subsection (4) of section 15 thereof, shall apply as if the child had been received into their care under the said section 15.

(6) A resolution under [F6 section 16 of this Act] shall not relieve any person from any liability to maintain, or contribute to the maintenance of, the child.

(7) A resolution under the said section 16 shall not authorise a local authority [F7 or a voluntary organisation] to cause a child to be brought up in any religious persuasion other than that in which he would have been brought up but for the resolution.

(8) Any person who—

(a) knowingly assists or induces or persistently attempts to induce n a child [F8 , in respect of when a resolution under section 16 of this Act is in effect,] to run away, or

(b) without lawful authority takes away such a child, or

(c) knowingly harbours or conceals such a child who has run away or who has been taken away or prevents him from returning,

shall be liable on summary conviction to a fine not exceeding [F9 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(9) [F10 Where—

(a) a local authority have, in accordance with subsection (3) of this section; or

(b) a voluntary organisation have, in accordance with subsection (3A) of this section,

allowed] any person to take over the care of a child with respect to whom a resolution under the said section 16 is in force and have by notice in writing required that person to return the child at a time specified in the notice (which, if that person has been allowed to take over the care of the child for a fixed period, shall not be earlier than the end of that period) any person who harbours or conceals the child after that time or prevents him from returning as required by the notice shall be liable on summary conviction to a fine not exceeding [F11 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

[F12 (10) Where an offence under subsection (8) or (9) of this section has been or is believed to have been committed, a constable, or any person authorised by any court or by any justice of the peace, may take and return the child to the local authority or voluntary organisation in whom are vested the parental rights and powers relating to the child.]

Textual Amendments

F1 S. 17(1)(2) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. V

F2 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(a)

F3 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(a)

F4 S. 17(3A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(b)

F5 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(c)

F6 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(d)

F7 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52 (e)

F8 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(f)(i)

F9 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(f) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F10 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(g)(i)

F11 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(g)(ii) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F12 S. 17(10) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 76

Modifications etc. (not altering text)

C1 SS. 17, 17A, 17B, 17C applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)