Part II Scotland

12 Provisions supplementary to section 11.

(1)

Any order made by virtue of section 11 above may from time to time be varied or may be discharged by a subsequent order on the application of—

(a)

either parent, or

(b)

(after the death of either parent) any guardian . . . F1, or

(c)

any other person having custody of the child, or

(d)

the specified local authority having the care or supervision of the child.

(2)(a)

F2Where any application, other than one to which Part II of the M1Matrimonial Proceedings (Children) Act 1958 applies, is made to a court, for custody of a child or for the variation or discharge of any order (including an order made by virtue of section 11 above) relating to the custody of a child, the court shall have power to appoint a specified local authority or an individual not being an officer of the local authority to investigate and report to the court on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child.

(b)

If on consideration of a report furnished in pursuance of this subsection the court, either ex proprio motu or on the application of any person concerned, thinks it expedient to do so, it may require the person who furnished the report to appear and be examined on oath regarding any matter dealt with in the report, and such person may be examined or cross-examined accordingly.

(c)

Any expenses incurred in connection with the preparation of a report by a local authority or other person appointed under this subsection shall form part of the expenses of the action and be defrayed by such party to the action as the court may direct, and the court may certify the amount of the expenses so incurred.

(3)

Each parent or guardian of a child for the time being in the care of a local authority by virtue of an order under section 11(1)(a) above shall give notice to the authority of any change of address of that parent or guardian and any person who without reasonable excuse fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding £10.