Children (Scotland) Act 1995

86 Parental responsibilities order: general. S

(1) On the application of a local authority the sheriff may make an order transferring (but only during such period as the order remains in force) the appropriate parental rights and responsibilities relating to a child to them; and any such order shall be known as a “parental responsibilities order”.

(2) A parental responsibilities order shall not be made unless the sheriff is satisfied that each relevant person either—

(a) freely, and with full understanding of what is involved, agrees unconditionally that the order be made; or

(b) is a person who—

(i) is not known, cannot be found or is incapable of giving agreement;

(ii) is withholding such agreement unreasonably;

(iii) has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child, that is to say the responsibility to safeguard and promote the child’s health, development and welfare or, if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis; or

(iv) has seriously ill-treated the child, whose reintegration into the same household as that person is, because of the serious ill-treatment or for other reasons, unlikely.

(3) The reference in subsection (1) above to the appropriate parental rights and responsibilities relating to the child is to all parental rights and responsibilities except any right to agree, or decline to agree—

(a) to the making of an application in relation to the child under [F1 section 19 (placing children with parental consent) or 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002], under section 18 or 49 of the M1 Adoption (Scotland) Act 1978 or under Article 17, 18 or 57 of the M2 Adoption (Northern Ireland) Order 1987 (corresponding provision for Scotland and Northern Ireland); or

(b) to the making of an adoption order.

(4) A person is a relevant person for the purposes of this section if he is a parent of the child or a person who for the time being has parental rights in relation to the child.

(5) The sheriff may, in an order under this section impose such conditions as he considers appropriate; and he may vary or discharge such an order on the application of the local authority, of the child, of any person who immediately before the making of the order is a relevant person or of any other person claiming an interest.

(6) An order under this section shall, if not first discharged by the sheriff, terminate on the occurrence of any of the following—

(a) the child attains the age of eighteen years;

[F2 (b) he becomes the subject of an adoption order within the meaning of the Adoption (Scotland) Act 1978;

(bb) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place him for adoption under section 19 of that Act (placing children with parental consent) or he becomes the subject of an order under section 21 of that Act (placement orders) or under section 84 of that Act (giving parental responsibility prior to adoption abroad)]under section 18 or 49 of the said Act of 1978 or under Article 17, 18 or 57 of the Adoption (Northern Ireland) Order 1987 (corresponding provision for Scotland and Northern Ireland);

(c) an order is made for his return under Part I of the M3 Child Abduction and Custody Act 1985; or

(d) a decision, other than a decision mentioned in section 25(2) of the said Act of 1985 (decisions relating to rights of access), is registered with respect to him under section 16 of that Act.

Textual Amendments

F1 Words in s. 86(3)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148(5)(c), Sch. 3 para. 83 (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)

F2 S. 86(6)(b)(bb) substituted for words in s. 86(6)(b) (30.12.2005) by 2002 c. 38, ss. 139(1), 148(5)(c), Sch. 3 para. 84 (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)

Marginal Citations

M1 1978 c.28.

M2 S.I. 1987/2203 (N.I.22)

M3 1985 c.60.