- Latest available (Revised)
- Point in Time (01/11/1996)
- Original (As enacted)
Point in time view as at 01/11/1996.
There are currently no known outstanding effects for the Children Act 1975, Cross Heading: Custody in Scotland.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1S. 47 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F2S. 48 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F3S. 49 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(2), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Without prejudice to any existing powers and duties to make payments in respect of the maintenance of children, where [F4a 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] may make to that person payments for or towards the maintenance of the child.
Textual Amendments
F4Words in s. 50 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(3) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Marginal Citations
(1)Where a person has applied for [F5a residence order in relation to] a child, it shall be an offence, except with the authority of a court or under authority conferred by any enactment or on the arrest of the child, to remove the child from the [F6care and possession] of the applicant against the will of the applicant if—
(a)the child has been in the care and possession of that person for a period or periods before the making of the application which amount to at least three years; and
(b)the application is pending in any court.
(2)In any case where subsection (1) applies, and
(a)the child was in the care of a local authority before he began to have his home with the applicant, and
(b)the child remains in the care of a local authority,
the authority in whose care the child is shall not remove the child from the applicant’s [F6care and possession] except—
(i)with the applicant’s consent;
(ii)with the leave of a court; or
(iii)with the authority, in terms of Part III of the M2Social Work (Scotland) Act 1968, of a justice of the peace or a children’s hearing.
(3)Any person who contravenes the provisions of subsection (1) commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding [F7level 5 on the standard scale] or both.
(4)The Secretary of State may by order, a draft of which has been approved by each House of Parliament, amend subsection (1) to substitute a different period for the period mentioned in that subsection (or for the period which, by a previous order under this subsection, was substituted for that period).
[F8(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.]
Textual Amendments
F5Words in s. 51(1) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F6Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 25
F7Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F8S. 51(5) added (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(4)(c) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Marginal Citations
M21968 c. 49(81:3).
A court in which an application for [F9a residence order in relation to] a child is pending may—
(a)on the application of a person from whose [F10care and possession] the child has been removed in breach of section 51, order the person who has so removed the child to return the child to the applicant;
(b)on the application of a person who has reasonable grounds for believing that another person is intending to remove the child from the applicant’s [F10care and possession] in breach of section 51, by order direct that other person not to remove the child from the applicant’s [F10care and possession] in breach of that section.
Textual Amendments
F9Words in s. 52 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F11S. 53 repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(6), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Textual Amendments
F12S. 54 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2
(1)In [F13sections 50 to 53]“child” means a person under the age of sixteen [F14and “relative” means a grand-parent, brother, sister, uncle or aunt, whether of the full blood or half blood or by affinity].
(2)[F13Sections 50 to 53] and this section apply to Scotland only [F15and shall be construed in accordance with section 1(1) of the M3Law Reform (Parent and Child) (Scotland) Act 1986].
Textual Amendments
F13Words in s. 55 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 26(7) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F14Words added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(3)
F15Words added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(1), Sch. 1 para. 14(4)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: