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Children (Scotland) Act 1995

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This is the original version (as it was originally enacted).

7Where an order made under—

(a)section 10 (power of court in actions of divorce etc. to commit care of child to local authority) or 12 (power of court to provide for supervision of child) of the [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958;

(b)section 11 of the [1973 c. 29.] Guardianship Act 1973 (orders relating to care and custody of children); or

(c)section 26 of the [1978 c. 21.] Adoption (Scotland) Act 1978 (provision for supervision or care where adoption order refused),

committed the care of the child to, or as the case may be placed the child under the supervision of, a local authority and immediately before the repeal by this Act of the section in question (the “relevant repeal”) that order remained undischarged, the order shall continue to have effect notwithstanding the relevant repeal until one of the following occurs—

(i)the period of six months commencing with the date of the relevant repeal expires;

(ii)the Court of Session direct, or the sheriff directs, that the order be discharged; or

(iii)there is an event in consequence of which, but for the provisions (apart from this paragraph) of this Act, the order would have fallen to be discharged.

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