Part I England and Wales
4 Additional provisions as to order committing care of F1child to local authority.
(1)
(2)
Before making an order under section 2(2)(b) above the court shall inform the local authority of the court’s proposal to make the order, and shall hear any representations from the authority, including any representations as to the making also of an order under section 2(3) above for payments to the authority F2but the court shall not be required by virtue of this subsection to inform the local authority of their proposal to make such an order if an officer of the authority has already made to the court under section 6 of this Act a report which contains a recommendation that an order should be made under the said section 2(2)(b).
F3(2A)
The court shall not make an order committing a F1child to the care of a local authority under section 2(2)(b) above after he has attained the age of seventeen.
(3)
In relation to an order under section 2(2)(b) above committing the care of a F1child to a local authority, or to an order under section 2(3) requiring payments to be made to an authority to whom the care of a F1child is so committed, F4F5section 13 of the Guardianship of Minors Act 1971 shall apply as if the order made under section 2 of this Act were an order under section 9 F6or 11B of the Guardianship of Minors Act 1971.
F7(3A)
An order under section 2(2)(b) or (3) above relating to a F1child may be varied or discharged by a subsequent order made on the application of either parent or after the death of either parent on the application of any guardian under the Guardianship of Minors Act 1971 or on the application of the local authority to whose care the F1child was committed by the order under section 2(2)(b)F8and in the case of an order under section 2(3) above requiring payments to be made to or in respect of a F1child an application for the variation of the order may, if the F1child has attained the age of sixteen, be made by the F1child himself..
F9(3B)
The court in exercising its powers under subsection (3A) above in relation to an order made under section 2(3) above shall have regard to all the circumstances of the case including any change in any of the matters to which the court was required to have regard when making the order.
(3C)
Where, on an application under subsection (3A) above for the variation or discharge of an order for the making of periodical payments made under section 2(3) above, the court varies the payments required to be made under the order, the court may provide that the payments as so varied shall be made from such date as the court may specify, not being earlier than the date of the making of the application.
(3D)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
F11(4)
On the making of an order under section 2(2)(b) above with respect to a F1child, Parts 111 and V of the Child Care Act 1980 (which relate to the treatment of children in the care of a local authority and to contributions towards their maintenance) shall apply as if the F1child had been received by the local authority into their care under section 2 of that Act except that—
(a)
the exercise by the local authority of their powers under sections 18 and 21 of that Act shall, where the order is made by the High Court, be subject to any directions given by the court:
(b)
section 24 of that Act (which relates to arrangements for emigration) shall not apply;
(c)
section 28 of that Act (which relates to the after-care of a child in the care of a local authority under section 2 of that Act) shall not apply; and
(d)
section 45(1) of that Act so far as it requires a child’s father F12and mother to make contributions in respect of him shall not apply, but so that references to the local authority who are entitled to receive contributions shall be construed as if section 45(1) did so apply.
(5)
(6)
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 2(2)(b) 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 F13level 2 on the standard scale.