Child Care Act 1980

5 Duration and rescission of resolutions under s. 3

(1) Subject to the provisions of this Part of this Act, a resolution under section 3 of this Act shall continue in force until the child with respect to whom it was passed attains the age of 18.

(2) A resolution under section 3 of this Act shall cease to have effect if—

(a) the child is adopted ;

(b) an order in respect of the child is made under section 18 or 55 of the [1976 c. 36.] Adoption Act 1976 or section 18 or 49 of the [1978 c. 28.] Adoption (Scotland) Act 1978 ; or

(c) a guardian of the child is appointed under section 5 of the [1971 c. 3.] Guardianship of Minors Act 1971.

(3) A resolution under section 3 of this Act may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.

(4) On a complaint being made—

(a) in the case of a resolution passed by virtue of section 3(1)(a) of this Act, by a person claiming to be a parent, guardian or custodian of the child ;

(b) in the case of a resolution passed by virtue of section 3(1)(b), (c) or (d) of this Act, by the person who, but for the resolution, would have the parental rights and duties in relation to the child,

a juvenile court having jurisdiction where the complainant resides, if satisfied that there was no ground for the making of the resolution or that the resolution should in the interests of the child be determined, may by order determine the resolution, and the resolution shall thereupon cease to have effect.