Social Work (Scotland) Act 1968

18 Duration and rescission of resolutions under section 16. S

(1) Subject to the provisions of this Part of this Act, a resolution under section 16 of this Act shall continue in force until the child with respect to whom it was passed attains the age of eighteen.

(2) A resolution under the said [F1 section 16(1)(a)] may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.

(3) On a summary application for the determining of a resolution being made—

(a) in the case of a resolution passed by virtue of [F2 sub-paragraph (i)] of subsection (1) of the said section 16, by a person claiming to be a parent or guardian of the child;

[F3 (b) in the case of a resolution passed by virtue of circumstances specified in sub-paragraph (ii), (iii), or (iv) of subsection (1) of the said section 16, by the person who, but for the resolution, would have the parental rights and powers in relation to the child,]

the sheriff, having jurisdiction where the applicant resides, if satisfied that there was no ground for the making of the resolution or that the resolution should in the interests of the child be determined, may by order determine the resolution, and the resolution shall thereupon cease to have effect:

Provided that, if the sheriff thinks fit, he may, in lieu of determining the resolution, order that, either for a fixed period or until he, or, if the order so provides, the local authority, otherwise direct, the local authority [F4 , and any voluntary organisation having parental rights and powers with respect to the child,] shall allow the care of the child to be taken over by, and the child to be under the control of, the applicant.

(4) A court may entertain an application under [F5 the Law Reform (Parent and Child) (Scotland) Act 1986] to appoint a [F6 guardian of a child ] notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority [F7 or voluntary organisation] have parental rights with respect to him; . . . F8

[F9 (4A) A court may entertain an application under—

(a) [F10 section 12 of the M1 Adoption (Scotland) Act 1978] for an adoption order in respect of a child;

(b) [F11 section 18 of the said Act of 1978] for an order declaring a child free for adoption;

(c) [F12 section 49 of the said Act of 1978] for an order vesting the parental rights and duties relating to a child;

notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority or a voluntary organisation have parental rights with respect to him.]

Textual Amendments

F1 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(a)

F2 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53 (b)(i)

F3 S. 18(3)(b) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(b)(ii)

F4 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(b)(iii)

F5 Words in s. 18(4) substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(2)

F6 Words in s. 18(4) substituted (25.9.1991) by virtue of Age of Capacity (Scotland) Act 1991 (c. 50, SIF 81:3), ss. 10(1), 11(2), Sch. 1 para.32 (with s. 1(3)).

F7 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(c)

F8 Words repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt V

F9 S. 18(4A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 77

F10 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras. 3, 5, Sch. 3 para. 15

F11 Words in s. 18(4A)(b) substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), Sch. 2 paras. 3, 5, Sch. 3 para. 15

F12 Words in s. 18(4A)(c) substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), Sch. 2 paras 3, 5 Sch. 3 para. 15

Modifications etc. (not altering text)

C1 S. 18 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)

C2 S. 18(3) restricted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), Pt. I, ss. 9(d), 20(2)(d), 29(2), Sch. 1 art. 16

Marginal Citations

M1 1978 c. 28.