- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Point in time view as at 26/07/2021.
Children (Scotland) Act 1995,
SCHEDULE 5 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 105(5).
Extent Information
E1Sch. 5 extends to Scotland, and it extends also to England, Wales, Northern Ireland and the Channel Islands so far as it relates to certain repeals, see s. 105(1)(8)(9)
Commencement Information
I1Sch. 5 partly in force; Sch. 5 not in force at Royal Assent see s. 105(1); Sch. 5 in force for certain purposes at 1.11.1995 by S.I. 1995/2787, art. 3, Sch.; Sch. 5 in force for certain purposes at 1.11.1996 by S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7) (as amended (18.10.1996) by S.I. 1996/2708, art. 2 and (19.1.1997) by S.I. 1997/137, art. 2); Sch. 5 in force for certain purposes at 1.4.1997 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); Sch 5 in force for further certain purposes at 22.1.2002 by S.S.I. 2002/12, art. 2
Chapter | Short title | Extent of repeal |
---|---|---|
8 & 9 Vict. c.19. | Lands Clauses Consolidation (Scotland) Act 1845. | In section 7, the words “persons under legal disability by reason of nonage” in each place where they occur. |
In section 67, the words “persons under legal disability by reason of nonage”. | ||
In section 69, the words “persons under legal disability by reason of nonage”. | ||
12 & 13 Vict. c.51. | Judicial Factors Act 1849. | In section 1, the words from “the word ”Guardian”” to “years;”. |
Section 25(2) | ||
In section 27, the words “guardians and”. | ||
In section 31, the word “guardian,”. | ||
In section 32, the word “guardian,”. | ||
In section 33, the words “guardians or”. | ||
In section 34, in both places where it occurs, the word “guardian,”. | ||
In section 36, the word “guardianships,”. | ||
In section 37, the word “guardian,” | ||
In section 40, the word “guardians,” in both places where it occurs. | ||
27 & 28 Vict. c.114. | Improvement of Land Act 1864. | In section 18, the words from “nor shall they” to the end. |
In section 21, the words from “or if the landowner” to “minors”; and the words “or circumstance” in both places where they occur. | ||
43 & 44 Vict. c.4. | Judicial Factors (Scotland) Act 1880. | In section 3, in the definition of “judicial factor”, the words from “and” to “required”. |
7 Edw.7 c.51. | Sheriff Courts (Scotland) Act 1907. | Section 5(2C). |
Section 38C. | ||
11 & 12 Geo.5 c.58. | Trusts (Scotland) Act 1921. | In section 2, in the definition of “trustee”, the words from “guardian” to “years)”. |
1 Edw.8 & 1 Geo.6 c.37. | Children and Young Persons (Scotland) Act 1937. | In section 27, the first paragraph. |
1 & 2 Geo.6 c.73. | Nursing Homes Registration (Scotland) Act 1938. | In section 4(1)(b)(iii), the words “custody or”. |
14 & 15 Geo.6 c.65. | Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. | In section 8(1)(d), the words from “or any order” to the end. |
6 & 7 Eliz.2 c.40. | Matrimonial Proceedings (Children) Act 1958. | Sections 8 to 10. |
Section 12. | ||
1965 c.49. | Registration of Births, Deaths and Marriages (Scotland) Act 1965. | In section 43, in subsection (3) the words from “In this” to the end; and subsection (10). |
1968 c.49. | Social Work (Scotland) Act 1968. | In section 5(1B), before paragraph (o), the word “and”. |
In section 5B(5), the words from “and” at the end of the definition of child to the end of the subsection. | ||
Section 6(1)(b)(ii). | ||
Sections 15 to 26. | ||
Part III, except section 31(1) and (3). | ||
Part V. | ||
Section 88. | ||
In section 90(1), the words “(other than orders under sections 52 and 58 and Part V of this Act)”. | ||
In section 94(1), the definition of “children’s panel” and of “children’s hearing”; the definitions of “compulsory measures of care”, “guardian” and “place of safety”; in the definition of “prescribed”, paragraph (b); and the definition of “school age”. | ||
In section 97, in subsection (1), the words “section 44(1) (except head (b)) and (1A)”, “section 58” and “Part V”; and subsections (2) and (3). | ||
1969 c.54. | Children and Young Persons Act 1969. | In Schedule 5, paragraphs 57 and 65(1). |
1972 c.18. | Maintenance Orders (Reciprocal Enforcement) Act 1972. | Section 4(3). |
1972 c. 24. | Social Work (Scotland) Act 1972. | The whole Act. |
1973 c.29. | Guardianship Act 1973. | The whole Act. |
1973 c. 65 | Local Government (Scotland) Act 1973. | In Schedule 25, paragraph 41. |
In Schedule 27, paragraphs 185 and 187. | ||
1974 c.53. | Rehabilitation of Offenders Act 1974. | Section 5(10A). |
In section 7(2), paragraph (e); and the words from “In the application” to the end. | ||
1975 c.21. | Criminal Procedure (Scotland) Act 1975. | Section 14. |
In section 168(c), the word “female”. | ||
In section 177, the words “provided by a local authority under Part IV of the Social Work (Scotland) Act 1968”. | ||
In section 296, in subsection (3), the words from “and the child” to the end; and subsection (4). | ||
Section 323. | ||
In section 364(c), the word “female”. | ||
In section 378, the words “provided by a local authority under Part IV of the Social Work (Scotland) Act 1968”. | ||
In section 413, in subsection (3), the definitions of “care” and of “the 1968 Act”; in subsection (4), the words “within the meaning of the 1968 Act”; in subsection (5), the words “(within the meaning of the 1968 Act)”; and in subsection (6A), the words “within the meaning of the 1968 Act”. | ||
In Schedule 9, paragraphs 43 and 44. | ||
1975 c.72. | Children Act 1975. | Sections 47 to 49. |
Section 53. | ||
Sections 73 to 84. | ||
Sections 99 and 100. | ||
Section 102. | ||
Section 103. | ||
Section 105. | ||
Section 107, except the definitions, in subsection (1), of “adoption society”, “child” and “voluntary organisation”. | ||
In Schedule 3, paragraphs 52 to 57. | ||
1978 c.28. | Adoption (Scotland) Act 1978. | In section 1(2), paragraph (a). |
In section 2, paragraph (d). | ||
In section 3(3)(a), the words “including in particular its ability to make provision for children who are free for adoption”. | ||
Section 8. | ||
In section 12, in subsection (3)(b), the words “or by”; and in subsection (4) the word “— (a)” and paragraph (b). | ||
In section 14(1), the words from “subject” to “certain cases)”. | ||
In section 15, in subsection (1), the words from “Subject” to “certain cases)”; and in subsection (3), the word “natural” wherever it occurs. | ||
In section 16, subsection (5). | ||
Section 26. | ||
In section 28(5), the words “or of a voluntary organisation” and “or the organisation”. | ||
Sections 32 to 37. | ||
In section 51, subsections (6)(a) and (7) to (11). | ||
In section 60(3), the words “or 51(9)”. | ||
In section 65(1), in the definition of “guardian”, paragraph (b), and in the definition of “local authority”, the words “, 35(1)”. | ||
In Schedule 3, paragraphs 13, 14 and 15. | ||
1980 c.44. | Education (Scotland) Act 1980. | Section 44(1). |
In section 65B(6), paragraph (a). | ||
In section 135(1), the definition of “reporter of the appropriate local authority”. | ||
1980 c.62. | Criminal Justice (Scotland) Act 1980. | In Schedule 7, paragraph 21. |
1983 c.33. | Solvent Abuse (Scotland) Act 1983. | The whole Act. |
1983 c.41. | Health and Social Services and Social Security Adjudications Act 1983. | Section 7. |
Section 8(1) and (4). | ||
In Schedule 2, paragraphs 4 to 6 and 8. | ||
1984 c.15. | Law Reform (Husband and Wife) (Scotland) Act 1984. | Section 3(2). |
1984 c.36. | Mental Health (Scotland) Act 1984. | In section 10(1)(a), sub-paragraph (i); and the word “or” immediately following that sub-paragraph. |
Section 55(4). | ||
1984 c.56. | Foster Children (Scotland) Act 1984. | In section 2, in subsection (3), the words “within the meaning of the Social Work (Scotland) Act 1968”; and in subsection (5), the words “; or (b) while he is a protected child within the meaning of section 32 of the said Act of 1978.”. |
1985 c.37. | Family Law (Scotland) Act 1985. | In section 21, the words from “or an order” to “child”. |
1985 c.60. | Child Abduction and Custody Act 1985. | In section 25, subsection (6). |
In Schedule 3, paragraph 7. | ||
1986 c.9. | Law Reform (Parent and Child) (Scotland) Act 1986. | Sections 2 to 4. |
In section 8, the definitions of “child” and “parental rights”. | ||
In Schedule 1, paragraph 3. | ||
1986 c.33. | Disabled Persons (Services, Consultation and Representation) Act 1986. | In section 16, in the definition of “guardian”, paragraph (b). |
1986 c.55. | Family Law Act 1986. | In section 15(4), the words from “under section” to “1973”. |
In section 17, in subsection (1), the words “Subject to subsection (2) below”; and subsection (2). | ||
In section 35(4)(c), the words “custody or”. | ||
1988 c.32 | Civil Evidence (Scotland) Act 1988. | In section 9, in the definition of “civil proceedings”, in paragraph (a), the words “under section 42 of the Social Work (Scotland) Act 1968”. |
1988 c.36. | Court of Session Act 1988. | Section 20. |
1989 c.41. | Children Act 1989. | In Schedule 13, paragraph 13. |
1989 c.42. | Local Government and Housing Act 1989. | In Schedule 11, paragraph 15. |
1991 c.48. | Child Support Act 1991. | In section 5(1), the words “(or, in Scotland, parental rights over)” in both places where they occur. |
In section 54, the definition of “parental rights”. | ||
1991 c.50. | Age of Legal Capacity (Scotland) Act 1991. | In section 5(1), the words “or tutory”. |
In section 9, the definition of “parental rights”. | ||
In Schedule 1, paragraphs 3 to 5 and 7 to 15. | ||
1993 c.9 | Prisoners and Criminal Proceedings (Scotland) Act 1993. | In paragraph 8 of Schedule 3, the definition of “criminal proceedings”, the words “under section 42 of the Social Work (Scotland) Act 1968”. |
1993 c.35. | Education Act 1993. | In Schedule 19, paragraph 36. |
1994 c.39. | Local Government etc. (Scotland) Act 1994. | Section 139. |
In Schedule 13, paragraphs 76(6) and (10) to (25); 92(14)(b)(iii); 100(6)(b)(iv); 103; and 161(7)(c). |
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