Child Care Act 1980 (repealed 14.10.1991)

Section 55(4).

SCHEDULE 2 E+W Modification of Provisions of Part V of this Act in Relation to Persons Residing in Scotland or Northern Ireland

1 Where the person liable to make contributions in respect of a child is for the time being residing in Scotland or Northern Ireland, section 45(2) of this Act shall have effect as if for the reference to the local authority for the area in which that person is for the time being residing there were substituted a reference to the local authority having the care of the child.

2 (1) Where the person to be charged under a contribution order resides in Scotland or Northern Ireland, section 47(1) of this Act shall have effect as if for the reference to a magistrates’ court appointed for the commission area where that person is for the time being residing there were substituted a reference to a magistrates’ court having jurisdiction within the area of the authority entitled to receive the contributions.

(2) Where the person on whom a contribution order has been made is for the time being residing in Scotland or Northern Ireland, section 47(4) of this Act shall have effect as if the words from “except that” to the end of the subsection were omitted.

3 Where the person on whom a contribution order or arrears order has been made is for the time being residing in Scotland or Northern Ireland, section 48(1) of this Act shall not apply.

4 (1) Where the putative father of an illegitimate child resides in Scotland or Northern Ireland, subsections (1) and (2) of section 49 of this Act shall have effect as if for the reference in each subsection to the commission area where the putative father is for the time being residing there were substituted a reference to the place where the mother of the child is for the time being residing.

(2) Where the person liable under an affiliation order in respect of which an order under section 49(1) or (2) of this Act is in force is for the time being residing in Scotland or Northern Ireland, paragraph (a) of section 49(4) of this Act shall not apply.

5 Where the putative father of a child in respect of whom an order has been made under section 49 of this Act is for the time being residing in Scotland or Northern Ireland, section 50(5) of this Act shall have effect as if for references to the local authority whose area includes the place where the putative father of the child resides, and to the magistrates’ court appointed for the commission area which includes that place, there were substituted references to the local authority who, if the affiliation order were still in force, would be entitled to payments thereunder, and to a magistrates’ court having jurisdiction within the area of that authority.

6 Where the person who was liable to make contributions in respect of a child resides in Scotland or Northern Ireland, section 51(1) of this Act shall have effect as if for the reference to the magistrates’ court therein mentioned there were substituted a reference to a magistrates’ court having jurisdiction in the area or part of the area of the local authority which is applying for an arrears order.

7 Where the person liable to make payments under an order made under section 47, 49, 50 or 51 of this Act is for the time being residing in Scotland or Northern Ireland, section 54(1) of this Act shall have effect as if for the reference to the local authority within whose area the person liable under the order is for the time being residing there were substituted a reference to the local authority to whom sums are payable under the order and as if for the words “when he was not resident in the area of that authority” there were substituted the words “when that authority were not entitled to sums payable under the order”.