Guardianship Act 1973

2 Jurisdiction and orders on applications under s. 9 of Guardianship of Minors Act 1971

(1) In sections 9, 13, 15 and 16 of the [1971 c. 3.] Guardianship of Minors Act 1971 there shall be made the amendments provided for by Part I of Schedule 2 to this Act (being amendments providing for mother and father to be treated alike in relation to applications under section 9 of that Act, and amendments relating to cases in which custody is given to an individual other than one of the parents); and accordingly section 9 and section 15(3) to (6) shall have effect as they are set out in Part II of that Schedule with the amendments required by this subsection.

(2) Where an application made under section 9 of the Guardianship of Minors Act 1971 relates to the custody of a minor under the age of sixteen, then subject to sections 3 and 4 below—

(a) if by an order made on that application any person is given the custody of the minor, but it appears to the court that there are exceptional circumstances making it desirable that the minor should be under the supervision of an independent person, the court may order that the minor shall be under the supervision of a specified local authority or under the supervision of a probation officer;

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

(3) Where the court makes an order under subsection (2)(b) above committing the care of a minor 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 minor of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent.

(4) On an application under section 9 of the Guardianship of Minors Act 1971 the court may, in any case where it adjourns the hearing of the application for more than seven days, make an interim order, to have effect until such date as may be specified in the order and containing—

(a) provision for payment by either parent to the other, or to any person given the custody of the minor, of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the parent on whom the requirement is imposed; and

(b) where by reason of special circumstances the court thinks it proper, any provision regarding the custody of the minor or the right of access to the minor of the mother or father;

but an interim order under this subsection shall not be made to have effect after the end of the three months beginning with the date of the order or of any previous interim order made under this subsection with respect to the application, and shall cease to have effect on the making of a final order or on the dismissal of the application.

(5) A magistrates' court may also make such an interim order where under section 16(4) of the [1971 c. 3.] Guardianship of Minors Act 1971 it refuses to make an order on an application under section 9 on the ground that the matter is one that would more conveniently be dealt with by the High Court; but an interim order under this subsection shall not be made so as to have effect after the end of the three months beginning with the date of the order.

(6) Where an application under section 9 of the Guardianship of Minors Act 1971 relates to a minor who is illegitimate, references in subsections (2) and (4)(b) above and in sections 3 and 4 below to the father or mother or parent of the minor shall be construed accordingly (but subsections (3) and (4)(a) above shall not apply).

(7) In section 16(2) of the Guardianship of Minors Act 1971 (which provides for appeals from orders made by a county court under that Act) for the words " made by a county court under this Act" there shall be substituted the words " made on an application under this Act by a county court ".

(8) For purposes of this section " local authority" means the council of a non-metropolitan county or a metropolitan district or London borough, or the Common Council of the City of London, and, until the coming into force of the [1972 c. 70.] Local Government Act 1972, includes the council of any county or county borough; and the matters which under section 2 of the [1970 c. 42.] Local Authority Social Services Act 1970 are to stand referred to an authority's social services committee shall include all matters relating to the discharge by the authority of functions under this section.