Social Work (Scotland) Act 1968

75 Parent of a child subject to an approved school order or a committal order moving to Scotland. U.K.

(1) Where . . . F1 [F2 the Secretary of State] is satisfied that the parent of a child who is subject to an . . . F1 training school order [F3 or an order under section 74(3) of this Act relating to a training school] proposes to reside or is residing in Scotland, he may refer the case to the reporter of the local authority of the area in which the parent of the child is proposing to reside or is residing and if the case is so referred the reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

(2) Where a child has been committed to the care of a local authority in England or Wales [F4 by a care order (other than an interim order) within the meaning of the [F5 Children and Young Persons Act 1969][F5 Children Act 1989] or an order under section 74(3) of this Act], or committed to the care of a welfare authority in Northern Ireland under Part III of the M1 Children and Young Persons Act (Northern Ireland) 1950 or Part I of the M2 Education Act (Northern Ireland) 1947 [F6 or the said section 74(3)] and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the reporter shall arrange a children’s hearing accordingly.

(3) Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . F1 training school order [F7 or order under the said section 74(3) relating to a training school] or, as the case may be, of the order committing the child to the care of the local or welfare authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.

(4) When a children’s hearing have disposed of a case referred to them under this section the order [F8 under the said section 74(3) or] of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.

Textual Amendments

F1 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F2 Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5)

F3 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1)

F4 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F5 “Children Act 1989” substituted (prosp.) for “Children and Young Persons Act 1969” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 22

F6 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F7 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3)

F8 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4)

Modifications etc. (not altering text)

C1 S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

Marginal Citations

M1 1950 c. 5 (N.I.)

M2 1947 c. 3 (N.I.)