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

Part II S Promotion of Social Welfare by Local Authorities

Modifications etc. (not altering text)

C1 Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)

Special provisions as to the care of children in need S

17A [F1 Termination of access to child subject to resolution under section 16. S

(1) A local authority or voluntary organisation may not terminate arrangements for access to a child who is the subject of a resolution under section 16 of this Act by his parent or guardian or refuse to make such arrangements unless they have first given the parent or guardian notice of termination or refusal in a form prescribed by order made by the Secretary of State.

(2) A notice under this section shall contain a statement that the parent or guardian has a right to apply to the sheriff for an order under section 17B of this Act.

(3) A notice terminating access shall state that access will be terminated as from the date of service of the notice.

(4) A local authority or voluntary organisation are not to be taken to terminate arrangements for access for the purposes of this section in a case where they propose to substitute new arrangements for access for existing arrangements.

(5) A local authority or voluntary organisation are not to be taken to refuse to make arrangements for access for the purposes of this section in a case where they postpone access for such reasonable period as appears to them to be necessary to enable them to consider what arrangements for access (if any) are to be made.

(6) A notice under this section may be served on a parent or guardian either by delivering it to him or by leaving it at his proper address or by sending it by post.

(7) For the purposes of this section, and of section 7 of the M1 Interpretation Act 1978 in its application to this section, the proper address of a person shall be his last known address.

Textual Amendments

F1 Ss. 17A-17E inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 7(2)

Modifications etc. (not altering text)

C2 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)

Marginal Citations

M1 1978 c. 30.