Social Work (Scotland) Act 1968

18 Duration and rescission of resolutions under section 16

(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(2) A resolution under the said section 16 may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.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 paragraph (a) of subsection (1) of the said section 16, by a person claiming to be a parent or guardian of the child;

(b) in the case of a resolution passed by virtue of paragraph (b) thereof, by the person on whose account the resolution was passed,

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 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 section 4(2A) of the [1925 c. 45.] Guardianship of Infants Act 1925 to appoint a guardian of an infant notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority have parental rights with respect to him; but where on such an application the court appoints a guardian the resolution shall cease to have effect.