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There are currently no known outstanding effects for the Children Act 1975, Cross Heading: Custody in Scotland.
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Textual Amendments
F1S. 47 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F2S. 48 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F3S. 49 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Without prejudice to any existing powers and duties to make payments in respect of the maintenance of children, where [F4a child under the age of [F5eighteen] is residing with and being cared for (other than as a foster child) by a person other than a parent of the child, a council constituted under section 2 of the M1Local Government (Scotland) Act 1994] may make to that person payments for or towards the maintenance of the child.
Textual Amendments
F4Words in s. 50 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(3) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F5Words in s. 50 substituted (1.10.2001) by 2001 asp 8, s. 71; S.S.I. 2001/304, art. 2(a)
Marginal Citations
(1)Where a person has applied for [F6a residence order in relation to] a child, it shall be an offence, except with the authority of a court or under authority conferred by any enactment or on the arrest of the child, to remove the child from the [F7care and possession] of the applicant against the will of the applicant if—
(a)the child has been in the care and possession of that person for a period or periods before the making of the application which amount to at least three years; and
(b)the application is pending in any court.
F8 [( 2 )In any case where subsection (1) applies, and the child—
(a) was being looked after by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 before he began to have his home with the applicant, and
(b)continues to be looked after by such a council,
the council by whom the child is being looked after shall not remove him from the applicant’s care and possession except—
(i)with the applicant’s consent;
(ii)with the leave of the court; [F9or]
(iii)in accordance with an order made[F10, or authority or warrant granted,] under Chapter [F102 or] 3 of Part II of the Children (Scotland) Act 1995.]
[F11(iv) in accordance with section 56 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (constable’s power to remove child to place of safety); or
(v)in accordance with an order or warrant under that Act of 2011.]
(3)Any person who contravenes the provisions of subsection (1) commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding [F12level 5 on the standard scale] or both.
(4)The Secretary of State may by order, a draft of which has been approved by each House of Parliament, amend subsection (1) to substitute a different period for the period mentioned in that subsection (or for the period which, by a previous order under this subsection, was substituted for that period).
F13 [( 5 ) In this section “ looked after ” and “ residence order ” have the meanings given respectively by section 17(6) and section 11(2)(c) of the Children (Scotland) Act 1995; and “ residence order ” shall have the same meaning in sections 52 and 53 of this Act. ]
Textual Amendments
F6Words in s. 51(1) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F7Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 25
F8S. 51(2) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7)
F9Word in s. 51(2) repealed (S.) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 3(a)
F10Words in s. 51(2)(iii) repealed (S.) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 3(b)
F11S. 51(2)(iv)(v) inserted (S.) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 3(c)
F12Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F13S. 51(5) added (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(c) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
A court in which an application for [F14a residence order in relation to] a child is pending may—
(a)on the application of a person from whose [F15care and possession] the child has been removed in breach of section 51, order the person who has so removed the child to return the child to the applicant;
(b)on the application of a person who has reasonable grounds for believing that another person is intending to remove the child from the applicant’s [F15care and possession] in breach of section 51, by order direct that other person not to remove the child from the applicant’s [F15care and possession] in breach of that section.
Textual Amendments
F14Words in s. 52 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F16S. 53 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(6), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F17S. 54 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2
(1)In [F18sections 50 to 53]“child” means a person under the age of sixteen [F19and “relative” means a grand-parent, brother, sister, uncle or aunt, whether of the full blood or half blood or by affinity].
(2)[F18Sections 50 to 53] and this section apply to Scotland only [F20and shall be construed in accordance with section 1(1) of the M2Law Reform (Parent and Child) (Scotland) Act 1986].
Textual Amendments
F18Words in s. 55 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(7) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F19Words added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(3)
F20Words added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(4)
Marginal Citations
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