F1Part V
Transfer
74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland.
1
Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—
a
discharge the supervision requirement;
b
continue the supervision requirement;
c
vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or
d
make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.
2
If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.
3
Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . F2 in Northern Ireland, being . . . F2, a training school within the meaning of the M1Children and Young Persons Act (Northern Ireland) 1950 or, . . . F2, committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.
4
The provisions of . . . F2 the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . F2 a training school as if it were . . . F2 a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child:
Provided that—
a
b
the contributions to be made in respect of him under . . . F2 section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.
F35
An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.
F46
An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the F5Children Act 1989, but as if section 31(8) were omitted.
Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))