Children (Scotland) Act 1995

37 (1) The Child Abduction and Custody Act 1985 shall be amended in accordance with this paragraph. U.K.

(2) In section 9 (suspension of court’s powers in cases of wrongful removal), for paragraph (d) substitute—

“(d) making, varying or discharging an order under section 86 of the Children (Scotland) Act 1995;”.

(3) In section 20 (further provision as regards suspension of court’s powers)—

(a) for paragraph (d) substitute—

“(d) in the case of proceedings for, or for the variation or discharge of, a parental responsibilities order under section 86 of the Children (Scotland) Act 1995, make, vary or discharge any such order;”; and

(b) in subsection (5), for the words “within the meaning of Part III of M1 the Social Work (Scotland) Act 1968” substitute “ (as defined in section 93(1) of the Children (Scotland) Act 1995) ”.

(4) In section 25 (termination of existing custody orders etc.), subsection (6) shall cease to have effect.

(5) In section 27(4) (interpretation), after the word “Wales” insert “ or Scotland ”.

(6) In Schedule 3 (custody orders)—

(a) in paragraph 5—

(i) for the words “custody, care or control of a child or” substitute “ residence, custody, care or control of a child or contact with, or ”;

(ii) in sub-paragraph (iii), for the words “tutory or curatory” substitute “ guardianship ”;

(iii) in sub-paragraph (iv), for the words “16(8), 16A(3) or 18(3) of the Social Work (Scotland) Act 1968” substitute “ 86 of the Children (Scotland) Act 1995 ”; and

(iv) for sub-paragraph (v), substitute—

“(v) an order made, or warrant or authorisation granted, under or by virtue of Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995 to remove the child to a place of safety or to secure accommodation, to keep him at such a place or in such accommodation, or to prevent his removal from a place where he is being accommodated (or an order varying or discharging any order, warrant or authorisation so made or granted);”;

(b) for paragraph 6 substitute—

“6 A supervision requirement made by a children’s hearing under section 70 of the Children (Scotland) Act 1995 (whether or not continued under section 73 of that Act) or made by the sheriff under section 51(5)(c)(iii) of that Act and any order made by a court in England and Wales or in Northern Ireland if it is an order which, by virtue of section 33(1) of that Act, has effect as if it were such a supervision requirement.”; and

(c) paragraph 7 shall cease to have effect.

Commencement Information

I1 Sch. 4 para. 37 wholly in force at 1.4.1997; Sch. 4 para. 37 not in force at Royal Assent see s. 105(1); Sch. 4 para. 37(1)(5)(6)(a)(i)(ii) in force at 1.11.1996 by S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7) (as amended (19.1.1997) by S.I. 1997/137, art. 2); Sch. 4 para. 37 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

Marginal Citations

M1 1968 c.49.