SCHEDULES
SCHEDULE 4 Minor and Consequential Amendments
Children Act 1975 (c. 72)
I126
1
The Children Act 1975 shall be amended in accordance with this paragraph.
2
Sections 47 to 49 shall cease to have effect.
3
In section 50 (payments towards maintenance for children), for the words from “custody” to “authority” substitute “
a child under the age of sixteen is residing with and being cared for (other than as a foster child) by a person other than a parent of the child, a council constituted under section 2 of the M1Local Government (Scotland) Act 1994
”
.
4
In section 51 (restriction on removal of child where applicant has provided home for three years)—
a
in subsection (1), for the words “custody of” substitute “
a residence order in relation to
”
;
b
for subsection (2) substitute—
2
In any case where subsection (1) applies, and the child—
a
was being looked after by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 before he began to have his home with the applicant, and
b
continues to be looked after by such a council,
the council by whom the child is being looked after shall not remove him from the applicant’s care and possession except—
i
with the applicant’s consent;
ii
with the leave of the court; or
iii
in accordance with an order made, or authority or warrant granted, under Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995.
c
at the end add—
5
In this section “looked after” and “residence order” have the meanings given respectively by section 17(6) and section 11(2)(c) of the Children (Scotland) Act 1995; and “residence order” shall have the same meaning in sections 52 and 53 of this Act.
5
In section 52 (return of child taken away in breach of section 51), for the words “custody of” substitute “
a residence order in relation to
”
.
6
Section 53 (custody order on application for adoption in Scotland) shall cease to have effect.
7
In section 55 (interpretation and extent), for the words “sections 47 to 54”, in both places where they occur, substitute “
sections 50 to 53
”
.
8
Sections 73 to 84, 89, 99, 100, 102 and 103 shall cease to have effect.
9
Section 107 (interpretation), except in so far as subsection (1) defines “adoption society”, “child” and “voluntary organisation”, shall cease to have effect.
10
In Schedule 3 (minor and consequential amendments), paragraph 52 to 57 shall cease to have effect.