Social Work (Scotland) Act 1968

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

(1) Where the Secretary of State or the Minister of Home Affairs for Northern Ireland is satisfied that the parent of a child who is subject to an approved school or training school order 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 under Parts III or IV of the [1933 c. 12.] Children and Young Persons Act 1933 or Part II of the [1944 c. 31.] Education Act 1944, or committed to the care of a welfare authority in Northern Ireland under Part III of the [1950 c. 5 (N.I.).] Children and Young Persons Act (Northern Ireland) 1950 or Part I of the [1947 c. 3 (N.I.).] Education Act (Northern Ireland) 1947 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 approved school or training school order 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 of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.