Foster Children (Scotland) Act 1984

Section 22.

SCHEDULE 1 Transitional Provisions

General

1 Insofar as—

(a) any requirement, prohibition, determination, order or regulation made by virtue of an enactment repealed by this Act, or

(b) any direction or notice given by virtue of such an enactment, or

(c) any proceedings begun by virtue of such an enactment, or

(d) anything done or having effect as if done,

could, if a corresponding enactment in this Act were in force at the relevant time, have been made, given, begun or done by virtue of the corresponding enactment, it shall, if effective immediately before the corresponding enactment comes into force, continue to have effect thereafter as if made, given, begun or done by virtue of that corresponding enactment

2 Where any enactment passed before this Act, or any instrument or document refers either expressly or by implication to an enactment repealed by this Act, the reference shall (subject to its context) be construed as or as including a reference to the corresponding provision of this Act.

3 Where any period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if its corresponding provision had been in force when that period began to run.

Visits by local authority officers under section 3(2)

4 Until such time as the Secretary of State may by order made by statutory instrument appoint, subsection (2) of section 3 shall have effect with the substitution for the words " in accordance with regulations made under subsection (3) " of the words "from time to time where the local authority considers such a course to be necessary or expedient for the purposes of subsection (1) "

Notification under section 5

5 (1) In this paragraph " the relevant date " means the date on which regulations made under section 3(3) come into force.

(2) Every person who is maintaining a foster child within the area of a local authority on the relevant date and who before that date has not given notice in respect of the child to the local authority under subsection (1) or (2) of section 5 shall within 8 weeks of that date give written notice to the local authority that he is maintaining the child.

Children above compulsory school age

6 Where immediately before the commencement of this Act Part I of the Children Act 1958 applied in relation to a child by virtue only of section 13 of that Act, this Act shall apply in relation to him as it applies in relation to a foster child, until—

(a) he would, apart from the upper limit of the compulsory school age, have ceased to be a foster child, or

(b) he reaches the age of 18, or

(c) he lives elsewhere than with the person with whom he was living when he reached the said limit,

whichever first occurs.

References to provisions of Adoption (Scotland) Act 1978

7 (1) If at the commencement of this Act section 1 of the Adoption Act 1976 or section 1 of the Adoption (Scotland) Act 1978 is not in force, then, until that section is in force, section 2(5)(a) shall have effect as if for the reference to arrangements made by an adoption agency within the meaning of that section there were substituted a reference to arrangements made by a local authority, or by any adoption society within the meaning of the Adoption Act 1958 for the time being registered under Part II of that Act or approved under Part I of the Children Act 1975.

(2) If at the commencement of this Act section 32 of the Adoption (Scotland) Act 1978 is not in force, then, until that section is in force, section 2(5)(b) shall have effect as if for the reference to section 32 there were substituted a reference to Part IV of the Adoption Act 1958.

Reference to Mental Health (Scotland) Act 1984

8 If at the commencement of this Act the Mental Health (Scotland) Act 1984 is not in force, then, until that Act is in force, section 2(4) shall have effect as if for the reference to " 1984 " there were substituted a reference to " 1960 " .