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Social Work (Scotland) Act 1968

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This is the original version (as it was originally enacted).

80Enforcement of duty to make contributions

(1)Where a child becomes a maintainable child by virtue of being received into care by a local authority under Part II of this Act or by virtue of a supervision requirement, any court of summary jurisdiction, having jurisdiction in the place where the contributor is for the time being residing, may, on the application of the local authority, at any time make an order on any contributor, hereinafter in this Act referred to as a contribution order, for weekly contributions in respect of the child of such amount as the court thinks proper.

(2)Where a contribution order has been made on any person to whom any pension or income capable of being arrested is payable, the court making the order may at the same time, and any court of summary jurisdiction having jurisdiction in the place where such person is for the time being residing may at any time, after giving the person by whom the pension or income is payable an opportunity of being heard, order that such part as the court may see fit of the pension or income be paid to the local authority who are for the time being entitled to receive the contributions under the contribution order.

(3)Any order made under the last foregoing subsection shall be an authority to the person by whom the pension or income is payable to make the payment so ordered and the receipt of the local authority for the time being entitled to receive the contributions shall be a good discharge to the person by whom the pension or income is payable.

(4)Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force—

(a)if the child is in the care of a local authority under Part II of this Act, so long as he remains in their care under that Part;

(b)if the child is a maintainable child by virtue of a supervision requirement, so long as that requirement is in force.

(5)No contribution shall be payable, by virtue of a contribution order by a contributor who is the maintainable child's father or mother, in respect of any period after the maintainable child becomes sixteen.

(6)A contribution order may be revoked or varied by any court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing and shall be enforceable in like manner as a decree for aliment.

(7)Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in a place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority having the care or supervision of the child.

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