Guardianship Act 1973 (repealed 1.11.1996)

11 Jurisdiction and orders relating to care and custody of children. S

(1) [F1 where an application relating to the custody of a child, other than an application to which Part II of the M1 Matrimonial Proceedings (Children) Act 1958 applies, is made to a Court]—

(a) if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parents or to any other individual, the court may commit the care of the child to a specified local authority;

(b) if by an order made on that application either parent or any other person (other than a local authority) is given the custody of the child, but it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of a local authority, the court may order that the child shall be under the supervision of a specified local authority, subject to any directions given by the court;

but any order made by virtue of the above paragraphs shall cease to have effect when the child attains the age of sixteen.

(2) While an order made by virtue of this section committing the care of a child to a local authority is in force with respect to any child the child shall continue in the care of the local authority notwithstanding any claim by a parent or other person.

(3) Where the court makes an order by virtue of subsection (1)(a) above committing the care of a child to a local authority, the court may make a further order requiring the payment by either parent to that authority while it has the care of the child of such weekly or other periodical sum towards the maintenance of the child as the court thinks reasonable having regard to the means of that parent.

(4) Before making an order by virtue of subsection (1)(a) above, the court shall hear any representations from the local authority, including any representations as to the making of an order under subsection (3) above for payments to the authority.

(5) On the making of an order by virtue of this section committing the care of a child to a local authority Part II of the M2 Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—

(a) the exercise by the local authority of their powers under or by virtue of sections 20 to 22 of that Act shall be subject to any directions given by the court; and

(b) section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Words substituted by Children Act 1975 (c. 72 SIF 49:10), s. 48(3)

F2 S. 11(6) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 10(2), 11(4), Sch. 2

Modifications etc. (not altering text)

C1 S. 11 extended by Children Act 1975 (c. 72, SIF 49:10), s. 53(3)

C2 S. 11(2)(4)(5) applied by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 26(3)

Marginal Citations

M1 1958 c. 40 (49:3.)

M2 1968 c. 49.