Child Abduction and Custody Act 1985

Part II U.K. Scotland

5 U.K. An order made by a court of civil jurisdiction in Scotland under any enactment or rule of law with respect to the [F1 residence, custody, care or control of a child or contact with, or] access to a child, excluding—

(i) an order placing a child under the supervision of a local authority;

(ii) an adoption order under section 12(1) of the M1 Adoption (Scotland) Act 1978;

[F2 (iia) an order freeing a child for adoption made under section 18 of the M2 Adoption (Scotland) Act 1978]

(iii) an order relating to the [F3 guardianship] of a child;

(iv) an order made under section [F4 86 of the Children (Scotland) Act 1995];

[F5 (v) an order made, or warrant or authorisation granted, under or by virtue of Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995 to remove the child to a place of safety or to secure accommodation, to keep him at such a place or in such accommodation, or to prevent his removal from a place where he is being accommodated (or an order varying or discharging any order, warrant or authorisation so made or granted);]

(vi) an order made in proceedings under this Act.

Textual Amendments

F1 Words in Sch. 3 Pt. II para. 5 substituted (1.11.1996 subject to arts. 4-7 of the commencing S.I.) by 1995 c. 36, s. 104(4), Sch. 4 para. 37(6)(a)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F2 Sch. 3, Pt. I para. 5(iia) inserted by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 31

F3 Words in Sch. 3 Pt. II para. 5(iii) substituted (1.11.1996 subject to arts. 4-7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F4 Words in Sch. 3 Pt. II para. 5(iv) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F5 Sch. 3 Pt. II para. 5(v) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 37(6)(a)(iv) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

Modifications etc. (not altering text)

C1 Sch. 3 Pt. II para. 5(ii) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 4

Marginal Citations

M1 1978 c. 28.

M2 1978 c.28(49:11).

[F6 6 U.K. A supervision requirement made by a children’s hearing under section 70 of the Children (Scotland) Act 1995 (whether or not continued under section 73 of that Act) or made by the sheriff under section 51(5)(c)(iii) of that Act and any order made by a court in England and Wales or in Northern Ireland if it is an order which, by virtue of section 33(1) of that Act, has effect as if it were such a supervision requirement.]

Textual Amendments

F6 Sch. 3 Pt. II para. 6 substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 36(6)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F7 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 Pt. II para. 7 ceased to have effect (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 37(6)(c), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)