Law Reform (Parent and Child) (Scotland) Act 1986

SCHEDULES

Section 10(1).

SCHEDULE 1 S Minor and Consequential Amendments

The Judicial Factors Act 1849 (c. 51) S

1 S In section 25 (application to certain tutors and curators) at the end there shall be inserted the following new subsection—

“(2) Any person being an administrator-in-law, tutor-nominate, guardian appointed or acting under the Guardianship of Infants Acts 1886 and 1925 or tutor appointed under the Law Reform (Parent and Child) (Scotland) Act 1986 who shall, by virtue of his office, administer the estate of any pupil, shall be deemed to be a tutor within the meaning of this Act and shall be subject to the provisions thereof, but any such person shall not be bound to find caution in terms of sections 26 and 27 of this Act unless the court, on the application of any party having an interest, shall so direct.”

2 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 1 para. 2 repealed by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted as referred to in Sch. 2 Pt. II of that Act)

The Sheriff Courts (Scotland) Act 1907 (c. 51) S

F2 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 3 repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1995/2203, art. 3(3), Sch. Table

The Trusts (Scotland) Act 1921 (c. 58) S

4 S In section 2 (definitions), in the definition of “trustee”, after the word “tutor” there shall be inserted the words “ (including a father or mother acting as tutor of a pupil) ”.

The National Assistance Act 1948 (c. 29) S

F3 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 para. 5 repealed (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2

The Matrimonial Proceedings (Children) Act 1958 (c. 40) S

6 S In section 9(1) (jurisdiction of court as respects children where action dismissed), for the words from “with respect” to “that child” there shall be substituted the words “ relating to parental rights as could be made ”.

The Succession (Scotland) Act 1964 (c. 41) S

7 (1) In section 33(1) (construction of existing deeds), for the words “deed taking effect after the commencement of this Act”, where those words second occur, there shall be substituted the words “ such deed ”. S

(2) In section 36 (interpretation), at the end there shall be added the following subsection—

“(5) Section 1(1) (legal equality of children) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply to this Act ; and any reference (however expressed) in this Act to a relative shall be construed accordingly.”.

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) S

8 (1) In section 14 (duty to give information of particulars of birth), at the end there shall be added the following subsection— S

“(5) In this section, any reference to the father or parent of the child shall not include a reference to a father who is not married to the mother and has not been married to her since the child’s conception.”

(2) In section 18 (births of illegitimate children), for subsection (1), there shall be substituted the following subsections—

“18 Births of children born out of wedlock.

(1) No person who is not married to the mother of a child and has not been married to her since the child’s conception shall be required, as father of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the registrar shall not enter in the register the name and surname of any such person as father of the child except—

(a) at the joint request of the mother and the person acknowledging himself to be the father of the child (in which case that person shall sign the register together with the mother); or

(b) at the request of the mother—

(i) on the production of—

(aa) a declaration in the prescribed form made by the mother stating that that person is the father of the child; and

(bb) a statutory declaration made by that person acknowledging himself to be the father of the child; or

(ii) on production of a decree by a competent court finding or declaring that person to be the father of the child; or

(c) at the request of that person on production of—

(i) a declaration in the prescribed form by that person acknowledging himself to be the father of the child; and

(ii) a statutory declaration made by the mother stating that that person is the father of the child.

(1A) Where a person acknowledging himself to be the father of a child makes a request to the registrar in accordance with paragraph (c) of subsection (1) of this section, he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and the giving of information concerning the birth of the child by that person and the signing of the register by him in the presence of the registrar shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.”

(3) In section 18, in subsection (2)—

(a) for the words “an illegitimate” there shall be substituted the word “ a ”,

(b) in paragraph (b) for heads (i) and (ii) there shall be substituted the words “ a declaration and a statutory declaration such as are mentioned in paragraph (b) or (c) of subsection (1) of this section ”, and

(c) in paragraph (c) for the word “dead” there shall be substituted the words “ dead or cannot be found or is incapable of making a request under subsection (1)(b) of this section, or a declaration under subsection (1)(b)(i)(aa) of this section, or a statutory declaration under subsection (1)(c)(ii) of this section ”, and the words “within the like period” shall be omitted.

(4) After section 18 there shall be inserted the following section—

“18A Decrees of parentage and non-parentage.

(1) Where a decree of parentage or non-parentage has been granted by any court the clerk of court shall—

(a) where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or

(b) where an appeal has been made against such a decree, on the conclusion of any appellate proceedings,

notify the import of such decree in the prescribed form to the Registrar General.

(2) Where it appears to the Registrar General that the import of a decree notified to him under subsection (1) above does not correspond with the entry in the register of births in respect of any person to whom the decree relates he shall cause an appropriate entry to be made in the Register of Corrections Etc.”.

(5) In section 20 (re-registration in certain cases)—

(a) in subsection (1)(a), for the words “or paternity” there shall be substituted the words “ , parentage or non-parentage ”; and

(b) in subsection (1)(c), for the words from “having been” to the end of paragraph (c) there shall be substituted the words “ has been so made as to imply that his parents were not then married to one another and his parents have subsequently married one another ”.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 43(3) (recording of baptismal name or change of name or surname), for the words from “in the case” to “the mother is” there shall be substituted the words “ if both parents are ”.

(8) In section 43, at the end there shall be added the following subsection—

“In this section, “father” and “parent”, in relation to a child, do not include a father who is not married to the mother and has not been married to her since the child’s conception and who is not the child’s tutor or curator and is not entitled to custody of the child.”

(9) In section 56 (interpretation), in subsection (1), there shall be inserted (in their appropriate alphabetical place) the following definitions—

• ““guardian” includes tutor or curator;

• “parentage” has the meaning assigned to it in section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986, and “non-parentage” shall be construed accordingly;

• “tutor or curator” does not include tutor ad litem, curator ad litem or curator bonis.”.

(10) In section 56, at the end there shall be added the following subsection—

“(3) Section 1(1) (legal equality of children) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply to this Act; and any reference (however expressed) in this Act to a relative shall, unless the contrary intention appears, be construed accordingly.”

Textual Amendments

F4 Sch. 1 para. 8(6) repealed (1.1.2007) by Registration Services (Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/596), arts. 1, 5

The Social Work (Scotland) Act 1968 (c. 49) S

9 (1) In section 16(11) (assumption of parental rights by local authority), for paragraph (c) there shall be substituted— S

“(c) a tutor or curator to the child is appointed under the Law Reform (Parent and Child) (Scotland) Act 1986; or”.

(2) In section 18(4) (duration and recission of resolutions under section 16), for the words from “section” to “1925” there shall be substituted the words “ the Law Reform (Parent and Child) (Scotland) Act 1986 ”F5 . . .

(3) In section 81(2) (decrees for aliment)—

(a) for the words from the beginning to “in force” there shall be substituted the words “ Where a decree for aliment of a maintainable child is in force ”,

(b) for the word “father” there shall be substituted the words “ person liable under the decree ”, and

(c) the words “for aliment” where those words second occur shall be omitted.

(4) In section 81(4)(b), for the words “father of a child” there shall be substituted the words “ person liable to pay aliment for a child under a decree ”, and for the words “the father” where those words second occur there shall be substituted the words “ that person ”.

(5) In section 88(3) (duty of parents to notify change of address), for the word “father” there shall be substituted the word “ person ”.

(6) In section 94(1) (interpretation), in the definition of “guardian”, F5 . . . for the word “charge” there shall be substituted the words “ custody or charge ”.

Textual Amendments

F5 Words in Sch. 1 para. 9(2) and (6) repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) S

10 S In section 7 (protection of trustees and executors), at the end of paragraph (b) there shall be inserted the following paragraph—

“and

(c) that no paternal relative of an illegitimate person exists who is or may be entitled to an interest in that property or payment,”.

The Sheriff Courts (Scotland) Act 1971 (c. 58) S

11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 1 para. 11 repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).

The Guardianship Act 1973 (c. 29) S

12 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 1 para. 12 repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).

The Domicile and Matrimonial Proceedings Act 1973 (c. 45) S

13 S In Schedule 2 (ancillary and collateral orders (Scotland)), in paragraph 3 for the words from “or for” to the end there shall be substituted the words “ and paragraph (2C) of the said section 5. ”

The Children Act 1975 (c. 27) S

14 (1) In section 47(2) (granting of custody)— S

(a) for the words from the beginning to “1930” there shall be substituted the words “ Notwithstanding the generality of section 3(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 ”; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(2) In section 49(1) (notice to local authority of certain custody applications), for the words “a relative, step-parent or foster parent” there shall be substituted the words “ not a parent ”.

(3) In section 55(1) (interpretation and extent of sections 47 to 55), at the end there shall be added the words “ and ”relative’ means a grand-parent, brother, sister, uncle or aunt, whether of the full blood or half blood or by affinity ”.

(4) In section 55(2), at the end there shall be added the words “ and shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 ”.

Textual Amendments

F8 Sch. 1 para. 14(1)(b) repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).

The Damages (Scotland) Act 1976 (c. 13) S

F9 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 1 para. 15 repealed (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), s. 19(3), Sch. 2 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)

16 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 1 para. 16 repealed by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 87(4)(5), Sch. 11

The Marriage (Scotland) Act 1977 (c. 15) S

17 S At the end of section 2 (marriage of related persons) there shall be inserted the following subsection—

“(4) References in this section and in Schedule 1 to this Act to relationships and degrees of relationship shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986.”.

The Adoption (Scotland) Act 1978 (c. 28) S

F11 18 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 1 para. 18 repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

The Administration of Justice Act 1982 (c. 53) S

19 S In section 13(1) (interpretation of Part III), for the words from “an illegitimate” to the end there shall be substituted the words “ section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply; and any reference (however expressed) in this Part of this Act to a relative shall be construed accordingly ”.

The Child Abduction Act 1984 (c. 37) S

20 S In section 6 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom)—

(a) in subsection (2)(c), for the words “an illegitimate child” there shall be substituted the words “ a child whose parents are not and have never been married to one another ”; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 1 para. 20(b) repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).

The Family Law (Scotland) Act 1985 (c. 37) S

21 S In section 27(1) (interpretation), in the definition of “child” for the words “an illegitimate child” there shall be substituted the words “a child whether or not his parents have ever been married to one another

Section 10(2).

SCHEDULE 2 S Repeals

Chapter	Short title	Extent of repeal
1830 c. 69.	The Court of Session Act 1830.	In section 33, the words “and all actions of declarator of legitimacy and of bastardy,”.
1836 c. 22.	The Bastards (Scotland) Act 1836.	The whole Act.
1886 c. 27.	The Guardianship of Infants Act 1886.	The whole Act.
1907 c. 51.	The Sheriff Courts (Scotland) Act 1907.	In section 5, in paragraph (1), the words from “and” to “individuals”, paragraph (1A) and, in paragraph (2), the words from “and actions” to the end.
1925 c. 45.	The Guardianship of Infants Act 1925.	The whole Act.
1928 c. 26.	The Administration of Justice Act 1928.	Section 16.
1930 c. 33.	The Illegitimate Children (Scotland) Act 1930.	The whole Act.
1932 c. 47.	The Children and Young Persons (Scotland) Act 1932.	The whole Act.
1939 c. 4.	The Custody of Children (Scotland) Act 1939.	The whole Act.
1948 c. 29.	The National Assistance Act 1948.	Section 44.
1958 c. 40.	The Matrimonial Proceedings (Children) Act 1958.	Section 7.
		In section 8(1), the words “maintenance and education”.
		In section 10(1), the words “maintenance and education”.
		In section 11(1), the words “maintenance and education”.
		In section 13(1) and (1A), the words “maintenance and education.”
		Section 14.
1964 c. 41.	The Succession (Scotland) Act 1964.	Section 4.
		In section 6, the words from “For the purposes” to the end.
		In section 9(1)(a) and (b), the words from “or by any” to “intestate”.
		Section 10A.
		In section 11, in subsection (1), the words from “by virtue” to “rule of law” and the words from “In this” to the
Chapter	Short title	Extent of repeal
1964 c. 41cont.	The Succession (Scotland) Act 1964—cont.	end, in subsection (2), the words from “For the purposes” to the end and, in subsection (4), the words “section 10A of this Act or of”.
		In section 13, the words from “In this section” to the end.
		In section 33(1), the words from “(other than” to “said section 10A”.
		In section 36(1), in the definition of “issue”, the word “lawful”.
1965 c. 49.	The Registration of Births, Deaths and Marriages (Scotland) Act 1965.	In section 18(2)(c), the words “within the like period”.
		In section 43(3), the words from “in this definition” to the end.
1968 c. 49.	The Social Work (Scotland) Act 1968.	In section 81, subsection (1); in subsection (2) the words “for aliment” where second occurring; and, in subsection (3), the words from the beginning to “section or”.
1968 c. 70.	The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968.	Sections 1 to 6.
		In section 7, the words from the beginning to “this Act”.
		In section 11, in subsection (1), paragraph (b) and the preceding “and”, the words “or, as the case may be, is (or was) the father of that child” and the words “or paternity”; in subsection (2) the words from “or to” to “section”, the words from “or, as” to “child” and the words “or affiliation”; in subsection (3) the words “or affiliation”; and in subsection (6) paragraph (b).
1973 c. 29.	The Guardianship Act 1973.	Section 10.
		Section 11(6).
		In section 12(1)(b), the words “under the Guardianship of Infants Act 1886”.
		Section 15(1)(b).
		Schedule 4.
		In Schedule 5, paragraphs 1 to 3.
1973 c. 45.	The Domicile and Matrimonial Proceedings Act 1973.	In Schedule 2, in paragraph 4, the words from “as extended” to the end, and paragraph 8.
Chapter	Short title	Extent of repeal
1975 c. 72.	The Children Act 1975.	In section 47, subsection (1); in subsection (2) the words from “having” to “decided)”; subsection (3); and in subsection (5) paragraphs (b) and (c).
		In section 48(1), the words from “and for this” to the end.
		In section 53, in subsection (1), the words from “the applicant” to “child and”.
. . . F13	. . . F13	. . . F13
		Section 19.
1977 c. 15.	The Marriage (Scotland) Act 1977.	Section 2(2)(b) and the word “and” preceding it.
1978 c. 28.	The Adoption (Scotland) Act 1978.	In section 65(1), in paragraph (a) of the definition of “guardian”, the words from “in accordance” to “1971”.
1983 c. 12.	The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983.	In Schedule 1, paragraphs 3 and 4.

Textual Amendments

F13 Entry relating to Supplementary Benefits Act 1976 repealed by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 87(4)(5), Sch. 11